ATAR Notes: Forum

VCE Stuff => VCE Business Studies => VCE => VCE Legal Studies => Topic started by: eeps on December 15, 2010, 12:41:37 pm

Title: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 12:41:37 pm
VCE 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 VCE 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, including TuteSmart tutors! 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.
Ask your Legal Studies questions here!  Feel free to post anything including requests for notes, tips, advice etc.  Hopefully someone will be able to answer your question, and we'd love it if you could answer other people's questions in return! :D
Title: Re: VCE Legal Studies Question Thread
Post by: _avO on December 15, 2010, 12:48:25 pm
Good luck guys, but I am 100% sure that there will be at least 50 other single question threads :P:P

GL on ur 50!
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 15, 2010, 01:02:49 pm
Yeah I'm going for the 50 too. This year I did close to 0 work and got straight A+s, hopeully with hard work benefits will come.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on December 15, 2010, 01:26:24 pm
I'm going for 40+, so will be certainly keeping a tab on this thread in the New Year. Lets smash it.
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 15, 2010, 01:36:16 pm
Hey everyone.
I did legal this year, and even though the study design has changed for next year, i am more than happy to help out where i can! :)
Although my 37 isn't very impressive, i have heaps of notes that i have made and practice exams which i can upload if anyone wants them... I also have powerpoints that my teacher made throughout the year.
Just let me know if i can be of any assistance, if not, good luck for next year!
:D
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 01:38:42 pm
What textbook are people using?

I'm using "Making and Breaking the law" for school... but I also have the "Justice and Outcomes" textbook. (cheers, Burberry!)

Hey everyone.
I did legal this year, and even though the study design has changed for next year, i am more than happy to help out where i can! :)
Although my 37 isn't very impressive, i have heaps of notes that i have made and practice exams which i can upload if anyone wants them... I also have powerpoints that my teacher made throughout the year.
Just let me know if i can be of any assistance, if not, good luck for next year!
:D

Yes please!
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 15, 2010, 01:40:56 pm
Alrighty, how do i upload files to this thread?
I will upload everything asap! :)
Title: Re: VCE Legal Studies Question Thread
Post by: _avO on December 15, 2010, 01:42:52 pm
Alrighty, how do i upload files to this thread?
I will upload everything asap! :)
scroll to the bottom click 'preview' and then at the bottom click 'additional options' and voila.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 01:44:40 pm
Alrighty, how do i upload files to this thread?
I will upload everything asap! :)

You'll see a thing down the bottom - "Additional Options..." and there is a thing which says "Attach - Choose File". Note, that there is a limit for how much you can upload - 2048 KB per reply/post. You might have to do quite a few posts! =p

EDIT: BEATEN.
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 15, 2010, 01:48:21 pm
just warning you guys, a 50 may look easy, but it really isn't - there is very strong competition out there! i got 100% for every single sac this year and i did well on my exam, but i ended up with a 39. but still it's possible, so good luck to all you guys going for a 50 and if you want any extra material i am selling some, and i'll try help whenever i can :)
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 15, 2010, 01:49:05 pm
Ech_93, if you upload. Karma +1 Everyday :)
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 15, 2010, 01:51:30 pm
Let me know whether or not i uploaded them right!? :/
These are just practice exams, and they have passwords...
2009 questions and solutions password is: tree
2010 questions and solutions password is: hide
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 01:54:22 pm
I love the sudden popularity this thread is getting... and no one has even asked a question yet!

Any past practice exams and notes are still good - the new study design isn't that much of a change. Keep uploading! =p
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 15, 2010, 01:55:47 pm
Ive got some notes for Unit 2: Tort law etc. Despite being year11 it should help out in year12 I guess. Shall I upload?
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 15, 2010, 02:02:03 pm
Okay, so here I have a revision guide. It may not be as much help to you guys because of the design change. It took me forever to complete all the revision but i found it so helpful because i had no idea how to study and where to start. I will upload the notes i made from using the revision guide eventually...
Then another practice exam with solutions.
:)
Title: Re: VCE Legal Studies Question Thread
Post by: gs on December 15, 2010, 02:02:24 pm
just warning you guys, a 50 may look easy, but it really isn't - there is very strong competition out there! i got 100% for every single sac this year and i did well on my exam...

If you don't mind me asking Em, what was your exam mark?

Be great if you could pop in a couple of times a week next year, would be great.
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 15, 2010, 02:03:33 pm
He/she said 39..
Title: Re: VCE Legal Studies Question Thread
Post by: gs on December 15, 2010, 02:04:38 pm
Exam mark = study score? Since when? :P
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 02:05:39 pm
Ive got some notes for Unit 2: Tort law etc. Despite being year11 it should help out in year12 I guess. Shall I upload?

If you want to. =p

I have chrisjb's (I think - assuming your name is K. Smith) notes from when he posted them ages ago. It's 44 pages long and very detailed. I don't think I should post it. LOL.

SACs make up 50% of your score in Legal, as does the end-of-year exam.
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 15, 2010, 02:07:42 pm
Well he/she did say they got 100% on nearly every sac. What is the contribution of the sac? Minus it from the 50 study score... Lets say it is worth 50%, wouldnt it be a  25ss without exam? Leaves another 25, so I'd say 14/25 but I may be wrong. I do sound wrong lmao..
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 15, 2010, 02:09:33 pm
I have powerpoints and notes on a usb that i cannot find :P i will upload them eventually!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 02:09:54 pm
Well he/she did say they got 100% on nearly every sac. What is the contribution of the sac? Minus it from the 50 study score... Lets say it is worth 50%, wouldnt it be a  25ss without exam? Leaves another 25, so I'd say 14/25 but I may be wrong. I do sound wrong lmao..

Take into account, SAC moderation. Depends on whether the cohort performed well overall or badly.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 15, 2010, 02:10:23 pm
Legal is a great subject, I think it also helps with english as you have to just write and write. On top of that, there aren't difficult concepts, but it's fun to try and apply them in real life!
(If i get a 50 for this subject, the first thing i'm going to do is place some innocent bystander under civil arrest :D)
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 15, 2010, 02:14:57 pm
Hi guys here are some notes I have compiled during the 2010 year. It may be helpful for some but not helpful to the pros. You guys decide.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 02:15:58 pm
Legal is a great subject, I think it also helps with english as you have to just write and write. On top of that, there aren't difficult concepts, but it's fun to try and apply them in real life!
(If i get a 50 for this subject, the first thing i'm going to do is place some innocent bystander under civil arrest :D)

LOL. I was going to going to sue my Methods teacher for defamation. As a joke he told me "An asymptote is like me and girls, I can see them, but never touches." ... then laughter ensued, everyone cracked up. I go to an all boys' school by the way.

If I get 50 in Legal, I'd be happy. My teacher this year was like... "I have high expectations on you for Legal". OMG.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 15, 2010, 02:28:37 pm
MHS?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 02:33:01 pm
MHS?

LOL no not quite... Camberwell Grammar School.

I know quite a few friends at MHS. Does Ankit Rohatgi, Brandon Bloom, Andrew Grubert, David Sun... ring a bell to you? They're all in Year 11 this year, going into Year 12 next year. They all went to my school, besides Andrew Grubert - he went to the same primary school as me.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 15, 2010, 02:35:09 pm
Yeah bells are ringing.

What are your plans for legal in holidays? Mine are at least all of unit 3 done.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 02:37:44 pm
What are your plans for legal in holidays? Mine are at least all of unit 3 done.

That's my plan. I don't plan to overkill on finishing the whole course. If I get all of Unit 3 done, then I'll be good.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 15, 2010, 02:40:08 pm
Yea, i'll finish unit 3 off, and know it back to front so i can ace all my SACs, we have a good top 5 in the cohort this year, competition..
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 15, 2010, 02:43:52 pm
yeh i'm willing to put up some notes later if you want :)

about my exam score, i have no idea, i only know the grade, but i know people who got b+ b+ a and got a 40 which really confused me, i think with legal it's about standing out, using latin terms and having an extensive vocabulary as well as knowing more than what the course asks you. in a way legal is a bit like english ( as mentioned by someone before).
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 02:51:59 pm
From what I know, apparently the "Mabo v. Crown case" is must to know.

Yea, i'll finish unit 3 off, and know it back to front so i can ace all my SACs, we have a good top 5 in the cohort this year, competition..

Same here, I want to ace all my SACs - I'm not going to rely on my cohort. My cohort this year isn't that good - we have like 6 or 7 students who are good and that's about it. We only have ~25 students doing Legal next year.

The highest score this year from my school was 43, no one at my school got above 45 for Legal (I don't think).
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on December 15, 2010, 03:53:56 pm
here's my notes if any of you guys want them. I only ever got up to constitution wtih these notes (I found hand written notes to be 100X better). Also, CAT stands for constitution, r'um or RUM stands for refferendum.

New idea: I'm gonna use this as a dumping ground for all my legal crap... And onur, I don't have any 44 page notes :S

I have some other notes that have been photocopied from an engageeducation seminar, if you want those then pm me cos they're too big to upload, we'd have to do it by email.

some of these notes may not be mine. full credit to whoever originaly made them.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 15, 2010, 04:38:05 pm
I'm happy to help with any queries anyone may have next year, or over the summer! I can't seem to locate my notes I did for Legal Studies, but when/if I do I'll upload them to this thread!

Also to the above post, The Mabo Case is a perfect example of the relationship between the Courts and Parliament as a law-maker, hence is very good to be familiar with; I used it on this year's exam!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 04:43:47 pm
Did you get A+, A+, A+ to get a score of 45?..
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 15, 2010, 04:47:49 pm
From what I know, apparently the "Mabo v. Crown case" is must to know.

Yea, i'll finish unit 3 off, and know it back to front so i can ace all my SACs, we have a good top 5 in the cohort this year, competition..

Same here, I want to ace all my SACs - I'm not going to rely on my cohort. My cohort this year isn't that good - we have like 6 or 7 students who are good and that's about it. We only have ~25 students doing Legal next year.

The highest score this year from my school was 43, no one at my school got above 45 for Legal (I don't think).
Rank 1 ftw! I think we can all do good on the exam, i realised a lot of things from doing a year 12 in year 11, mistakes i will not make again.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 15, 2010, 04:49:22 pm
Did you get A+, A+, A+ to get a score of 45?..

Yeah, 98/100 and 99/100 for my SACs, second in the cohort, but got the highest study score. I've ordered my SoM, I'll let you know how many marks I lost on the exam for a 45.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 04:52:52 pm
Rank 1 ftw! I think we can all do good on the exam, i realised a lot of things from doing a year 12 in year 11, mistakes i will not make again.

Ditto. I was like in the top 5 students in our year level - though that's not saying much. In my school we get the not so bright kids for Legal. Legal 3/4 is like Legal 1/2, most of the concepts/ideas are repeated. Best of luck!

Yeah, 98/100 and 99/100 for my SACs, second in the cohort, but got the highest study score. I've ordered my SoM, I'll let you know how many marks I lost on the exam for a 45.

That would be great! =)

I suppose there isn't much difference in terms of grades to get 45~50 for Legal.
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on December 15, 2010, 05:31:52 pm
From what I know, apparently the "Mabo v. Crown case" is must to know.

Yea, i'll finish unit 3 off, and know it back to front so i can ace all my SACs, we have a good top 5 in the cohort this year, competition..

Same here, I want to ace all my SACs - I'm not going to rely on my cohort. My cohort this year isn't that good - we have like 6 or 7 students who are good and that's about it. We only have ~25 students doing Legal next year.

The highest score this year from my school was 43, no one at my school got above 45 for Legal (I don't think).

I didn't learn the Mabo case and didnt use it in the exam and still did ok.
You guys should aim for 50's all around.
Just a few tips:

-Dont get hung up on SAC's. Sure they are important to get rank 1 in if you go to a disadvanaged school and for glory but its not essential to 100% every SAC. I ended up on rank 1 with ~90/100 for Unit 3 and 94/100 for Unit 4. It obviously comes down to exams as my scores must have been mopderated up because if they hadnt i wouldnt have gotten a 49. And yes I did go to a crappy public school whose median SS was 28 in 2009. It goes to show that school shouldnt impact you.

-Knowing the course is great but if you cant answer the question in the way the examiner wants you are in big trouble. For example in one of this years questions I accidently stuffed up the age brackets for fingerprinting, but all was not lost. You have got to interpret the question in a way that allows you to show great depth. People say that case examples are essential to set you above the rest but I can honestly say I did not use a case for every question. Probably only 3-4 at most.

-One of the worst things in legal is TIME!!!! I had a tendency to spend forever on shorter questions and then be strpped for time in the last few. This is the absolute wrong thing to do. Spread your time according to the weighting of the question.


I'm definately available to help you guys out next year and these holidays so pm or email me or contact me in whatever way possible (if you call me that would be creepy and i probably wouldnt help you then :D ). Also Ive ordered a statement of marks for legal to find out exactly what I got in the exam.
Once I get my sh*t together I will start advertising tutoring also if anyone is interested.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 05:35:40 pm
One word... LEGEND.

Thanks for the advice/tips andy456 and congrats on the Legal score! xD
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 15, 2010, 06:35:07 pm
From what I know, apparently the "Mabo v. Crown case" is must to know.

Yea, i'll finish unit 3 off, and know it back to front so i can ace all my SACs, we have a good top 5 in the cohort this year, competition..
Andy, that sounds really cool..! Also, for your statement of marks, did you have to get your principal's signature on the sheet, as it says that you do on it..
Congratulations on your ATAR, completely owned your goal!

Same here, I want to ace all my SACs - I'm not going to rely on my cohort. My cohort this year isn't that good - we have like 6 or 7 students who are good and that's about it. We only have ~25 students doing Legal next year.

The highest score this year from my school was 43, no one at my school got above 45 for Legal (I don't think).

I didn't learn the Mabo case and didnt use it in the exam and still did ok.
You guys should aim for 50's all around.
Just a few tips:

-Dont get hung up on SAC's. Sure they are important to get rank 1 in if you go to a disadvanaged school and for glory but its not essential to 100% every SAC. I ended up on rank 1 with ~90/100 for Unit 3 and 94/100 for Unit 4. It obviously comes down to exams as my scores must have been mopderated up because if they hadnt i wouldnt have gotten a 49. And yes I did go to a crappy public school whose median SS was 28 in 2009. It goes to show that school shouldnt impact you.

-Knowing the course is great but if you cant answer the question in the way the examiner wants you are in big trouble. For example in one of this years questions I accidently stuffed up the age brackets for fingerprinting, but all was not lost. You have got to interpret the question in a way that allows you to show great depth. People say that case examples are essential to set you above the rest but I can honestly say I did not use a case for every question. Probably only 3-4 at most.

-One of the worst things in legal is TIME!!!! I had a tendency to spend forever on shorter questions and then be strpped for time in the last few. This is the absolute wrong thing to do. Spread your time according to the weighting of the question.


I'm definately available to help you guys out next year and these holidays so pm or email me or contact me in whatever way possible (if you call me that would be creepy and i probably wouldnt help you then :D ). Also Ive ordered a statement of marks for legal to find out exactly what I got in the exam.
Once I get my sh*t together I will start advertising tutoring also if anyone is interested.
Title: Re: VCE Legal Studies Question Thread
Post by: lilaznkev1n on December 15, 2010, 07:28:18 pm
hey guys I'll probably answer some questions on this thread whenever i have time to spare as well :)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 07:33:55 pm
hey guys I'll probably answer some questions on this thread whenever i have time to spare as well :)

Got any notes/exams you could upload?.. =D

What's the most effective method of study for a subject like Legal Studies?.. for me personally, I just write down notes from the textbook and answer the questions. That has worked for me this year in Legal 1/2. Legal doesn't scale by the way. =(
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 15, 2010, 07:36:45 pm
Hey EPL, add the 44 pages of summary.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 07:38:23 pm
Hey EPL, add the 44 pages of summary.

chrisjb already posted it up today. It's on this thread. =D

here's my notes if any of you guys want them. I only ever got up to constitution wtih these notes (I found hand written notes to be 100X better). Also, CAT stands for constitution, r'um or RUM stands for refferendum.

That.
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 15, 2010, 07:40:30 pm
Its only 13 slides?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 07:43:38 pm
Its only 13 slides?

LOLwut. Maybe he posted different notes... or maybe it wasn't him. =\

Anyhow I might as well post them. It's not made by me! I should stress that.

EDIT: I'm not Kyle Smith. =D I'm Asian. LOL.
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 15, 2010, 07:46:42 pm
Holy shit those are some good notes.
Title: Re: VCE Legal Studies Question Thread
Post by: lilaznkev1n on December 15, 2010, 08:01:56 pm
hey guys I'll probably answer some questions on this thread whenever i have time to spare as well :)

Got any notes/exams you could upload?.. =D

What's the most effective method of study for a subject like Legal Studies?.. for me personally, I just write down notes from the textbook and answer the questions. That has worked for me this year in Legal 1/2. Legal doesn't scale by the way. =(
I've uploaded my notes for the first five chapters that I did. Not sure where the rest are but when I find it I will upload it.

What I find effective is doing lots of 6/8/10 mark questions as these questions are comprehensive and the points in the high mark questions can be summarized into lower mark questions.
Also it is really helpful knowing relevant cases to the relevant questions that you can add if you have time as the examiners will see that you have a wide knowledge of the area of study.
Lastly, as my teacher always say: "Act as if the examiner knows nothing about Legal Studies"
Title: Re: VCE Legal Studies Question Thread
Post by: lilaznkev1n on December 15, 2010, 08:02:56 pm
Chapter 5: Role of the Courts

EDIT: Found my notes on the relationship between lawmaking bodies and strengths and weaknesses of parliament and courts.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 08:08:04 pm
Great notes! =D

This will come in handy later on.
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 15, 2010, 08:13:58 pm
Also, if you don't find these notes helpful or just don't want them.... i understand, but just let me know so i don't upload heaps of notes for no reason
:)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 08:15:27 pm
OMG THANK YOU. I think... I... love you guys! xD

Do what I did for Accounting, post them all up!
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on December 15, 2010, 09:13:38 pm
From what I know, apparently the "Mabo v. Crown case" is must to know.

Yea, i'll finish unit 3 off, and know it back to front so i can ace all my SACs, we have a good top 5 in the cohort this year, competition..
Andy, that sounds really cool..! Also, for your statement of marks, did you have to get your principal's signature on the sheet, as it says that you do on it..
Congratulations on your ATAR, completely owned your goal!

Same here, I want to ace all my SACs - I'm not going to rely on my cohort. My cohort this year isn't that good - we have like 6 or 7 students who are good and that's about it. We only have ~25 students doing Legal next year.

The highest score this year from my school was 43, no one at my school got above 45 for Legal (I don't think).


I didn't learn the Mabo case and didnt use it in the exam and still did ok.
You guys should aim for 50's all around.
Just a few tips:

-Dont get hung up on SAC's. Sure they are important to get rank 1 in if you go to a disadvanaged school and for glory but its not essential to 100% every SAC. I ended up on rank 1 with ~90/100 for Unit 3 and 94/100 for Unit 4. It obviously comes down to exams as my scores must have been mopderated up because if they hadnt i wouldnt have gotten a 49. And yes I did go to a crappy public school whose median SS was 28 in 2009. It goes to show that school shouldnt impact you.

-Knowing the course is great but if you cant answer the question in the way the examiner wants you are in big trouble. For example in one of this years questions I accidently stuffed up the age brackets for fingerprinting, but all was not lost. You have got to interpret the question in a way that allows you to show great depth. People say that case examples are essential to set you above the rest but I can honestly say I did not use a case for every question. Probably only 3-4 at most.

-One of the worst things in legal is TIME!!!! I had a tendency to spend forever on shorter questions and then be strpped for time in the last few. This is the absolute wrong thing to do. Spread your time according to the weighting of the question.


I'm definately available to help you guys out next year and these holidays so pm or email me or contact me in whatever way possible (if you call me that would be creepy and i probably wouldnt help you then :D ). Also Ive ordered a statement of marks for legal to find out exactly what I got in the exam.
Once I get my sh*t together I will start advertising tutoring also if anyone is interested.
I think that was your comment.
Nah no principals signature. Statement of marks just tells me what I got for each question.
Thanks. I may have underestimated my exam performance I think.
There were only 6 people in my legal class this year. My score is the highest legal score my school has gotten. So dont worry about previous years performance either.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 16, 2010, 02:19:47 pm
Just out of curiosity, where is everyone up to?..

I've done the first 2 chapters and a bit (depending on your textbook - I'm using "Making & Breaking the Law"), which is: "Law and society: an introduction", "The Australian parliamentary system" and "Changing the law" (which I'm doing now). I'm just writing notes and answering the textbook questions.
Title: Re: VCE Legal Studies Question Thread
Post by: Cappuccinos on December 16, 2010, 05:10:50 pm
Ahh, the attachments aren't working for me? Is it just me or...?   :'(

Um at school we did like 2 weeks of Yr 12 and covered the first 3 dot points (Structure/Role of Parliament, Principles of the Parliamentry System and why laws need to change)  from the Key Knowledge bit from AOS1 in the Study Design.
We did a practice SAC on the topics^ as well.

Apart from that so I haven't done much yet, don't have my Main Textbook yet (Key Concepts in Legal Studies).
I Might have a read through 'A+ Legal Notes' and do some questions when I can be bothered.. ><
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 16, 2010, 05:45:26 pm
Ahh, the attachments aren't working for me? Is it just me or...?   :'(

Um at school we did like 2 weeks of Yr 12 and covered the first 3 dot points (Structure/Role of Parliament, Principles of the Parliamentry System and why laws need to change)  from the Key Knowledge bit from AOS1 in the Study Design.
We did a practice SAC on the topics^ as well.

Apart from that so I haven't done much yet, don't have my Main Textbook yet (Key Concepts in Legal Studies).
I Might have a read through 'A+ Legal Notes' and do some questions when I can be bothered.. ><

Works for me. =\ Click on the file?

That's better than what we did. Technically, we finished the 1/2 course at end of Term 3. Our teachers decided to add other stuff to fill up the time - i.e. Sports & Law, Wills & Inheritance - which isn't even on the 1/2 course. Yeah, I have that "A+ Legal Notes" as well, seems good. I'm using 2 different textbooks - the one my school prescribed and another one I downloaded. LOL.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 16, 2010, 05:47:57 pm
OK Starting properly today, aim is to finish unit three by this time next week.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 16, 2010, 05:53:02 pm
OK Starting properly today, aim is to finish unit three by this time next week.

Really? If you do, pro.

I don't plan to finish Unit 3 till about 1 or 2 weeks out from the start of school. I'm also going to one of those Legal TSFX lectures in January for the notes.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 16, 2010, 06:13:28 pm
Yeah I was considering that too, may see you there!
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on December 16, 2010, 09:38:33 pm
I cannot seem to download the uploaded notes in this thread for some reason, it just says the link is broken :S

anyone got any ideas?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 16, 2010, 10:20:25 pm
I cannot seem to download the uploaded notes in this thread for some reason, it just says the link is broken :S

anyone got any ideas?

Mine doesn't seem to work either - could be due to the updates on VN.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 02:01:17 pm
I've actually got a question this time.

I'm a bit confused as to what an "executive government" is and what it does?.. my textbook doesn't explain it clearly. I know it has something to do with the "Separation of Powers" - but that's all I know.

If anyone could help, that would be great and I'll give you +karma! =D
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 17, 2010, 02:06:14 pm
Do you mean executive power? Executive power is part of the separation of powers...
I'm not sure about executive government though :/
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 17, 2010, 02:07:34 pm
Or executive council?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 02:12:27 pm
Since, I can't post up the question! :@

It's basically a table you have to fill in, it says "Suggest the differences and similarities between the Commonwealth and Victorian Parliament for each feature listed." It has Upper house, Lower house, Crown and then "Executive government." ... I have no idea. =\

Mistake in the textbook? It could be another word for Executive Council...
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 17, 2010, 02:14:16 pm
Yeah, sorry, can't help you there.
It may be a mistake, but i might just not remember executive government...
Sorry!
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 17, 2010, 02:15:25 pm
Is there an explanation in the text book of 'executive government'?
If so, type it here... it might just be a different name for executive council?!
I don't know!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 02:19:13 pm
Is there an explanation in the text book of 'executive government'?
If so, type it here... it might just be a different name for executive council?!
I don't know!

It only has the definition of "Executive Council" in the glossary. It probably is "Executive Council" by any chance. Thank you for the help anyhow! xD

I'll karma you, since no one else bothered to help. =D
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 17, 2010, 02:20:58 pm
Haha, thanks, but I didn't do it just for the karma...
:)
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 17, 2010, 02:27:14 pm
Must be council, cause im pretty sure the govt. is also known as the executive.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 02:32:33 pm
Must be council, cause im pretty sure the govt. is also known as the executive.

In that case, how is the Executive Council similar and different in the Commonwealth and Victorian Parliament?.. my textbook is not that good.
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 17, 2010, 02:37:19 pm
They both make delegated legislation.
In the Commonwealth the governor-general is part of the executive council. In Victoria it is the governor...
Thats all i can think of!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 02:41:00 pm
It reads in my textbook - "The Commonwealth Constitution provides for a Commonwealth Executive Council. The governor-general acts on the advice given by this Executive Council. It consists of the ministers of state and the governor-general."

The only difference I can see, is what you've said - the Commonwealth Executive Council has a governor-general, while the Victorian Executive Council has a governor.
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 17, 2010, 02:42:16 pm
from what i know of this year, by executive government they meen who makes up the governement at each level, so at federal it would be the prime minister and senior ministers and at the state level it is the premier and senior ministers.  the members of the executive make government policy and, thorugh individual ministers, control government departments :)
hope this helps
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 02:46:50 pm
from what i know of this year, by executive government they meen who makes up the governement at each level, so at federal it would be the prime minister and senior ministers and at the state level it is the premier and senior ministers.  the members of the executive make government policy and, thorugh individual ministers, control government departments :)
hope this helps

Isn't that just the government? LOL. So the only difference would be that at the federal level you have the PM, whereas at the state level you have the premier?.. because "ministers of state" are at both levels.
Title: Re: VCE Legal Studies Question Thread
Post by: Cappuccinos on December 17, 2010, 02:47:52 pm
I've actually got a question this time.

I'm a bit confused as to what an "executive government" is and what it does?.. my textbook doesn't explain it clearly. I know it has something to do with the "Separation of Powers" - but that's all I know.

If anyone could help, that would be great and I'll give you +karma! =D


Well according this site: http://australianpolitics.com/democracy/terms/executive-government.shtml

"The Executive Government is the arm of government theoretically responsible for the implementation of the laws passed by the Parliament. "

I can't find any mention of it in Legal Notes, but in that oxford book, Justice and Outcomes it says

"The principle of the separation of powers is established in the Commonwealth of Australia Constitution Act 1900 (UK).
• Chapter one establishes the Commonwealth Parliament to make laws according to the powers set out in the Constitution. This chapter also refers to the powers of the governor-general and the structure of parliament.
• Chapter two sets out the powers of the executive government and the role of ministers.
• Chapter three establishes the High Court to exercise the judicial power. The independence of the judiciary is referred to in S71 of the Constitution."

So yeah I'm going to assume it's the part of government who is responsible for excuting executive power...? Is that the same as executive council? :S

Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 02:52:03 pm
LOLwut.

I'm totally lost.

I just assumed "Executive Government" meant the "Executive Council". It's probably just bad wording in my textbook.

Quote
The Executive Government is the arm of government theoretically responsible for the implementation of the laws passed by the Parliament.

I think that means it's Executive Council. =\
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 17, 2010, 02:57:11 pm
Isn't that just the government? LOL. So the only difference would be that at the federal level you have the PM, whereas at the state level you have the premier?.. because "ministers of state" are at both levels.

well in relation to the inital question, it was about the difference between federal and state, therefore the question was probably about the composition of the executive, that's something i had to do at the start of this year as my holiday hw, so if your doing the same activity as i did then that's what the question is asking. using a legal dictionary helps -> a lot of words that can be used interchangebly are explained in the legal dictionary
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 03:04:13 pm
well in relation to the inital question, it was about the difference between federal and state, therefore the question was probably about the composition of the executive, that's something i had to do at the start of this year as my holiday hw, so if your doing the same activity as i did then that's what the question is asking.

Thanks. I'll presume I'm right.

Quote
using a legal dictionary helps -> a lot of words that can be used interchangebly are explained in the legal dictionary

I don't have a legal dictionary - wasn't on my school's book-list. I might get one now that you mention it. How much are they (generally speaking)?
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 17, 2010, 03:08:21 pm
I don't have a legal dictionary - wasn't on my school's book-list. I might get one now that you mention it. How much are they (generally speaking)?
well i'm currently selling one for around $25 (the one that i used to explain th executive idea), i bought mine for $40 from the school because when i did legal 1&2 in 2009, it was compulsary to have one. however, there are a variety of publishers selling them and prices really do vary.
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 17, 2010, 03:13:44 pm
Well, that's embarrassing, sorry!
I don't even remember hearing about executive government, oh well...
Title: Re: VCE Legal Studies Question Thread
Post by: Cappuccinos on December 17, 2010, 03:18:41 pm
LOLwut.

I'm totally lost.

I just assumed "Executive Government" meant the "Executive Council". It's probably just bad wording in my textbook.

Quote
The Executive Government is the arm of government theoretically responsible for the implementation of the laws passed by the Parliament.

I think that means it's Executive Council. =\

Sorry I think I just made everything confusing :S
But your probably right, so scrap everything I said. Hahhah ><
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 17, 2010, 03:22:19 pm
Sorry I think I just made everything confusing :S
But your probably right, so scrap everything I said. Hahhah ><
Hah, same for me! Just forget what i said :/
Sorry, don't really remember the start of the year
I can help with other stuff though ! haha, sorry
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 03:28:23 pm
Sorry I think I just made everything confusing :S
But your probably right, so scrap everything I said. Hahhah ><
Hah, same for me! Just forget what i said :/
Sorry, don't really remember the start of the year
I can help with other stuff though ! haha, sorry

Right... so what's the answer? LOL. I think it's just that the Commonwealth Executive Council has a governor-general, while the Victorian Executive Council has a governor.

Cheers for the help guys! I'd +karma all you guys, but it says I can't karma again within 12 hours. =D
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 17, 2010, 03:31:51 pm
Right... so what's the answer? LOL. I think it's just that the Commonwealth Executive Council has a governor-general, while the Victorian Executive Council has a governor.

Cheers for the help guys! I'd +karma all you guys, but it says I can't karma again within 12 hours. =D
Yeah, that's what i'd say... Just the governor-general and governor difference :/
adelaide.emily10 said prime minister and premier though, so i am confused :/
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 03:42:25 pm
Yeah, that's what i'd say... Just the governor-general and governor difference :/
adelaide.emily10 said prime minister and premier though, so i am confused :/

Who knows? :P

I typed in Google... "What's Executive government" - It doesn't make it any clearer; I'd tend to stick with the meaning that "Executive government" means Executive Council as opposed to the government. =\

I could be totally wrong or right.
Title: Re: VCE Legal Studies Question Thread
Post by: ezst on December 17, 2010, 09:28:38 pm
You'd tend to think "executive government" relates to "executive power" which is the power given to the government to administer laws and to manage business of government. I don't think it was in relation to the executive council.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 09:32:12 pm
Back to my question then, what are the main differences between the Commonwealth and Victorian Parliament in terms of "Executive government"?

Wouldn't that just be what adelaide.emily10 said; the premier and prime minister..? LOL.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 17, 2010, 10:39:34 pm
Hey, you guys.
How much work have you all done with legal??
I, myself, have not started the course yet, but I thought, that i'd read the study design carefully, each for each dot point under key knowledge, i'd put my notes down for it.
Then i'd read key skills really carefully and understand what is expected.
After all that, i plan to do a bunch of questions from the textbook and then try to find popular case examples which i think may help me in the future.
What about you guys?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 11:04:13 pm
I've finished about half of the Unit 3 course - done the first 3 chapters of 6 (which is Unit 3) in my textbook - basically, I've made notes and answered the textbook questions. I'm hoping to get Unit 3 done before school starts again - other than that, not too much Legal work.

If you have/or haven't started, it doesn't matter - as long as you get the information and clearly understand it, that's really what I'm aiming for. Good luck! =D
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 17, 2010, 11:25:46 pm
6 chapters, thank god =.= not soo long
is it doable in a week/week.5 ?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 11:29:37 pm
6 chapters, thank god =.= not soo long
is it doable in a week/week.5 ?

6 chapters is for the one I'm using - "Making & Breaking the Law" - depends which one you're using. If so, then yes it's 6 chapters. Probably is the same for other textbooks.

I'm not too sure, I'd reluctantly say yes - if you're willing to finish a chapter a day. Very doable if you put in the work and time. You don't need to finish Unit 3 now or anything, you still have plenty of time. xD
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 11:39:46 pm
After all that, i plan to do a bunch of questions from the textbook and then try to find popular case examples which i think may help me in the future.
What about you guys?

I might start to find case examples as well, to refer to. Most textbooks give case examples anyhow.

If you finish Unit 3 or most of it before school starts - you'll be way ahead of your class and when the teacher is going through the coursework, it will only be reinforcing what you've learnt over the holidays - it won't be new to you, whereas other students will be playing "catch-up" so to speak. That's what I learnt from doing Accounting 3/4 this year.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 17, 2010, 11:45:35 pm
After all that, i plan to do a bunch of questions from the textbook and then try to find popular case examples which i think may help me in the future.
What about you guys?

I might start to find case examples as well, to refer to. Most textbooks give case examples anyhow.

If you finish Unit 3 or most of it before school starts - you'll be way ahead of your class and when the teacher is going through the coursework, it will only be reinforcing what you've learnt over the holidays - it won't be new to you, whereas other students will be playing "catch-up" so to speak. That's what I learnt from doing Accounting 3/4 this year.

Yea, exactly. That's why in my opinion the summer holidays can make your VCE year a lot easier
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 18, 2010, 11:08:02 am
A+ notes has case examples for just about every topic.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 18, 2010, 12:49:58 pm
A+ notes has case examples for just about every topic.

(http://www.cengage.com/aussec/imageservlet?productISBN=9780170186940)

That's the one I have. I don't know if that's the one you're talking about. It reads "VCE 3&4 End-of-year examination, EXAM 5th Edition. 13 Practice Examinations. A+ Practice Exams - graduated difficulty with solutions, by Michelle Humphreys." Presumably, it's been updated for the new study design.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 18, 2010, 01:13:30 pm
I had that one too, but the best one for me was called "Legal Notes".
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 18, 2010, 01:25:16 pm
I had that one too, but the best one for me was called "Legal Notes".

Cheers for the help flash36! =D

Congrats on your Legal score as well! xD
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 19, 2010, 05:40:52 pm
No problem, thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 20, 2010, 04:20:09 pm
Hey, here are the notes i made. These are the notes that i followed the revsion guide (that is uploaded somewhere in this thread) to make...
Also, i think i refer to page numbers, but just ignore that because you will obviously have a different text book!
Hope this helps and if you have any questions don't hesitate to ask :)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 20, 2010, 04:30:27 pm
Thank you! This goes well with my notes, I'll check mine against yours - in case I've missed anything.

I'll probably have more questions later on.
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 20, 2010, 04:33:39 pm
Yeah, no worries!
If you have any questions about something i have said in my notes, just ask... :)
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on December 20, 2010, 07:52:01 pm
lol the notes that were uploaded disappeared besides ech_93's

:(
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 20, 2010, 07:53:39 pm
How would people go about answering a question like this:

"The Australian Parliamentary system consists of a number of checks and balances. The most important of these is the separation of powers. Do you agree? Justify your decision." - 8 marks.
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on December 20, 2010, 08:01:06 pm
I'd do it like this:

Para1: indicate if you agree or disagree, outline the principle of seperation of powers

Para 2-? : discuss the importance of the other principles of the australian parliamentry system, comment on their importnace (both independently and relative to seperation of powers) and why they are important.

Last Paragraph: Depending on whether or not you agree or disagree, explain your position drawing on the conclusions you made in your previous paragraphs.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 20, 2010, 08:03:37 pm
When you say...

I'd do it like this:

Para1: indicate if you agree or disagree, outline the principle of seperation of powers

Para 2-? : discuss the importance of the other principles of the australian parliamentry system, comment on their importnace (both independently and relative to seperation of powers) and why they are important.

Last Paragraph: Depending on whether or not you agree or disagree, explain your position drawing on the conclusions you made in your previous paragraphs.

Part 2 - how many principles/points would I need to point out/use (knowing that the question is worth 8 marks)?
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on December 20, 2010, 08:09:39 pm
When you say...

I'd do it like this:

Para1: indicate if you agree or disagree, outline the principle of seperation of powers

Para 2-? : discuss the importance of the other principles of the australian parliamentry system, comment on their importnace (both independently and relative to seperation of powers) and why they are important.

Last Paragraph: Depending on whether or not you agree or disagree, explain your position drawing on the conclusions you made in your previous paragraphs.

Part 2 - how many principles/points would I need to point out/use (knowing that the question is worth 8 marks)?
well... I would do these:
1) Role of the crown (very good for showing an aspect of the system which can be heavily criticised)
2) Responsible Government and Representative government (combined in one paragraph, but make sure to differentiate the two)
3) Roles played by the houses of parliament (and focus on the senate)

I think you can more or less neglect structure of parliament for this question (is that even one of the principles? I forget), but if you think you have time then add it in if you like.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 20, 2010, 10:01:29 pm
I'll try to upload my notes again, as requested by one or two people. As I said before, they are 1/2 Legal notes. If it doesn't work (downloading), then can someone reply to this thread telling me, cheers.
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 20, 2010, 10:08:12 pm
I got the Legal Notes book from A+ notes today. I really recommend you guys to buy it. It contains summaries of main information, questions and case studies.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 20, 2010, 10:17:59 pm
I got the Legal Notes book from A+ notes today. I really recommend you guys to buy it. It contains summaries of main information, questions and case studies.

Huh?.. was it this one?.. (see below)

(http://www.cengage.com/aussec/imageservlet?productISBN=9780170186940)

That's the one I have. I don't know if that's the one you're talking about. It reads "VCE 3&4 End-of-year examination, EXAM 5th Edition. 13 Practice Examinations. A+ Practice Exams - graduated difficulty with solutions, by Michelle Humphreys." Presumably, it's been updated for the new study design.
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 20, 2010, 10:20:07 pm
its actually this one. http://www.apluspub.com.au/cmn/images/covers/273050/9780170186957.jpg
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 20, 2010, 10:25:02 pm
its actually this one. http://www.apluspub.com.au/cmn/images/covers/273050/9780170186957.jpg

That's the same thing isn't it?.. my copy's also by Michelle Humphreys. LOLwut. Mine reads 5th edition?.. as opposed to 2nd edition. It has the same website advertised in the inside of the book - www.apluspub.com.au ...
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 20, 2010, 10:26:58 pm
The picture you showed is prac exams i think as opposed to my book being a summary based one.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 20, 2010, 10:47:38 pm
Here are my notes for Legals this year, they're up in the Notes section of the site too. They're a bit all over the place, hopefully there's no mistakes!
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on December 20, 2010, 11:09:47 pm
Hey Guys,

Is it possible for those of you who have uploaded notes before the VN glitch got fixed up (which didnt let the downloading of the notes uploaded) to re-upload those notes? it would be much appreciated.

Thanks heaps!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 21, 2010, 10:47:52 am
The picture you showed is prac exams i think as opposed to my book being a summary based one.

I see what you mean. =D

In any case, I'll stick with the one I have.

On a quick update, where is everyone up to with Legal?

I'm still on the chapter "Changing the law" considering it's quite a long chapter. If everything goes to plan, I should finish Unit 3 by the end of the holidays. Is anyone going to any lectures for Legal Studies over the holidays?.. I'm only going to the TSFX one... mainly for the notes supplied.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 21, 2010, 06:20:08 pm
This is more of a left-field question, though it's in my 3/4 textbook;

"The law recognises and upholds moral, social, economic and political values. Explain how the law achieves this by using examples."

How would people answer that?..

Thanks to anyone who can answer it! =D
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 21, 2010, 06:22:05 pm
I've read all of unit three from the book and highlighted, now just need to make notes.
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on December 21, 2010, 06:57:11 pm
This is more of a left-field question, though it's in my 3/4 textbook;

"The law recognises and upholds moral, social, economic and political values. Explain how the law achieves this by using examples."

How would people answer that?..

Thanks to anyone who can answer it! =D
I think this is a cleverly asked question. I think it just wants you to detail why the law needs to change for those areas briefly (like one sentence for each max.) and then go on to say how the law is changed by people.

you gotta say how the law recognises and upholds (blah blah blah)
the law recognises societys morals through public demonstrations against a certain issue. for instance (these annoying people opposed this and politicians went :O). The awareness raised through this groups actions will often lead to a change in legislation so as that the majority of societies morals are upheld.

do you get what i'm saying??
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 21, 2010, 07:03:22 pm
do you get what i'm saying??

Yes, thank you. =D
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 22, 2010, 01:45:47 pm
Just for your interest, I got my SoM today, I got 113/120 for the exam (56.5/60) for a 45 SS.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 22, 2010, 02:18:54 pm
Just for your interest, I got my SoM today, I got 113/120 for the exam (56.5/60) for a 45 SS.

Thanks. Do you know what the A+ cut-off was?..
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 22, 2010, 02:24:24 pm
Yeah, it was 53/60 (113/120).
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 22, 2010, 02:37:32 pm
Thanks again! =D

Congrats on your score again!
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 22, 2010, 02:54:11 pm
Thanks! Pretty tight for scores above 45, 3.5 marks separating a 45 SS and 100%!
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on December 22, 2010, 09:44:19 pm
Yeah, it was 53/60 (106/120).
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 22, 2010, 09:57:43 pm
88% for the A+ cut-off isn't too bad.

Just for your interest, I got my SoM today, I got 113/120 for the exam (56.5/60) for a 45 SS.

Assuming you got A+, A+, A+ - what did you get the half-mark on?.. if I got 58~59/60 with A+ SACs, do you know what that could get me?.. would you need to get full marks on the end-of-year exam to get 50?.. or can you lose 1~2 marks on the exam and still get 50?
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 22, 2010, 10:16:52 pm
My half mark, i'm unsure which question, but the half marks are produced because one examiner thinks I should get X marks for a question, but the other examiner thinks I should get Y marks for a question. That's why the total marks are doubled.

I only lost 1.5 SAC marks all year, so I would say 100% is needed on the exam for a 50.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 23, 2010, 09:11:06 am
My half mark, i'm unsure which question, but the half marks are produced because one examiner thinks I should get X marks for a question, but the other examiner thinks I should get Y marks for a question. That's why the total marks are doubled.

I only lost 1.5 SAC marks all year, so I would say 100% is needed on the exam for a 50.

My bad. Yes, that's true.

100% for 50?.. that's hard.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 23, 2010, 11:30:16 am
That's what I reckon; if 3.5 marks only gets you a 45.
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on December 23, 2010, 11:39:02 am
thats brutal... legal might be one of the hardest subjects to guarantee a good score in :(
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 23, 2010, 11:45:21 am
It's not necessarily the hardest subject content-wise, as you just need to rote-learn information - it's more the fact that there is little margin for error, one or two marks can make a substantial difference to your score in Legal. Legal Studies gives no scaling and in addition, it scales down if you get below 40.

thats brutal... legal might be one of the hardest subjects to guarantee a good score in :(

I tend to agree with that. Ensure you get over 40 and scaling shouldn't affect you.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 23, 2010, 11:54:06 am
I actually have a question:

What's the difference between a submission and petition?

I know that they are methods to influence parliament to change the law, though my textbook's unclear on the exact definition.

Thanks to anyone who can answer this!
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 23, 2010, 12:08:55 pm
I'm not 100% sure... but, i think submissions are when the public actually give suggestions, whereas petitions are a collection of signatures showing support for an issue that is sent to government.
So, the difference is submissions are suggestions and petitions are signatures that shows a lot of people agree. So, a submission could just be one person's opinion, but petitions are generally supported by a lot of people... :/ ?
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 23, 2010, 12:09:35 pm
Maybe wait for someone else to answer too :P
Sorry!
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on December 23, 2010, 12:18:53 pm
alright so a petition is where a group of people sign a document to mark support for a common issue.... Whilst a submission is a bit different.... If youve studied formal reform bodies you will understand them better..... they are where the public submit their opinions individually,.. Like the VLRC will call for submissions from the public and then people can go to online forums and post their opinions....
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 23, 2010, 12:22:45 pm
I was close, :P
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 23, 2010, 12:23:38 pm
A petition can also be made into a submission.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 23, 2010, 01:20:55 pm
Thanks for the help guys.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 23, 2010, 03:44:15 pm
Did people learn about the Hansard?.. what exactly is it?

Thanks.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 23, 2010, 04:09:45 pm
Did people learn about the Hansard?.. what exactly is it?

Thanks.

Hansard is just an extra resource where you can research debates and parliamentary activities etc. It isn't actually in the course or anything. It's good to use if you need a case example for the Law Reform Body you learn about.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 23, 2010, 04:16:48 pm
Did people learn about the Hansard?.. what exactly is it?

Thanks.

Hansard is just an extra resource where you can research debates and parliamentary activities etc. It isn't actually in the course or anything. It's good to use if you need a case example for the Law Reform Body you learn about.

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 23, 2010, 04:18:21 pm
Did people learn about the Hansard?.. what exactly is it?

Thanks.

Hansard is just an extra resource where you can research debates and parliamentary activities etc. It isn't actually in the course or anything. It's good to use if you need a case example for the Law Reform Body you learn about.

Thanks!

Too easy, here's the link if you hadn't already found it; http://www.aph.gov.au/hansard/index.htm
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 23, 2010, 07:55:00 pm
How would people go about answering this:

Explain the role of cabinet and the parliamentary counsel in the early stages of a bill being formulated.

Thanks to anyone who can answer this!
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 23, 2010, 09:20:04 pm
How would people go about answering this:

Explain the role of cabinet and the parliamentary counsel in the early stages of a bill being formulated.

Thanks to anyone who can answer this!

Cabinet determines government policy to be incorporated into legislation. Following this, once it is decided legislation is to be made, parlimentary counsel (a group of lawyers) table up a draft bill under the guise of the cabinet but more specificially the responsible minister, or anyone else involved in that area of law. Once parliamentary counsel has drafted the bill, it is initiated into the lower house of parliament.

Hope this helps!
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on December 23, 2010, 09:20:29 pm
How would people go about answering this:

Explain the role of cabinet and the parliamentary counsel in the early stages of a bill being formulated.

Thanks to anyone who can answer this!

I can't remember the role of the cabinet but it is made up of senior ministers. I think they might have to approve it before the first reading, but as I say I cant be 100% sure.
As for the parliamentary counsel I am pretty sure that they are the group that write the bill.

EDIT: beaten by 25 seconds by flash36
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 23, 2010, 09:23:07 pm
Haha I hope I'm right! My post is from pure memory so it could be wrong!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 23, 2010, 09:23:23 pm
Thanks for the response guys! No wonder both of you got high scores for Legal. =D
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 24, 2010, 12:04:33 pm
I've got a question, in relation to "changing the law"...

Quote
Political parties

An individual does not have to stand for election to influence the decisions made by political parties; they can join a political party. Joining a political party gives the individual two ways of influencing change:

● by influencing the types of policies that are developed by the political party
by becoming involved in the process used to select candidates to represent the party at the next election.

Could someone explain the second dot point to me?.. I don't get that one.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 24, 2010, 02:01:08 pm
In addition, how would people got about this question:

Outline the structure of the Commonwealth Parliament. (4 marks)

The answer is obvious, I mean, in terms of answering the question. You have the upper house (Senate), lower house (House of Representatives) and the Crown (Governor-General). Would I just list a couple of functions for each house, the Crown and talk about how many seats are in each house?..

That's my worry for Legal; overcompensating on a question, which may not require a lot of information. I'm fine with the content and all, it's more answering the question.

Thanks to anyone who can help me!

EDIT: Thanks to _avO for stickying this thread.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 24, 2010, 03:15:18 pm
Not sure about the first one, I would say it means that if you "join" a political party, you could have a say in who represents that party at the next election.

The second one; no need to mention their functions, just number of seats/members, where these come from (eg HoR 150 members from 150 electorates), and the length of their terms of office.
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on December 24, 2010, 03:25:31 pm
I've got a question, in relation to "changing the law"...

Quote
Political parties

An individual does not have to stand for election to influence the decisions made by political parties; they can join a political party. Joining a political party gives the individual two ways of influencing change:

● by influencing the types of policies that are developed by the political party
by becoming involved in the process used to select candidates to represent the party at the next election.

Could someone explain the second dot point to me?.. I don't get that one.
internal voting occurs in almost all political parties (definately the four major parties and almost definately the minor ones). This is where they vote for the member of the party to stand in a certain seat (known as pre-selection). This is not aplicable for independant members of parl't.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 24, 2010, 05:51:25 pm
Cheers for the help guys.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 24, 2010, 07:07:42 pm
Here are my notes for "Law and society - an introduction" from my textbook, Making & Breaking the Law. It's really revision from Units 1/2.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 25, 2010, 03:17:07 pm
Quote
Question 9 (5 marks)

Discuss how the Victorian Law Reform Commission can influence a change in the law. In your response you must:

• give an example of a case that that has been investigated by this body,
• list the composition of the body,
• what do they ultimately produce and for whom.

That question was on my school's SAC last year for AOS 1. If anyone could help, that would be greatly appreciated!
Title: Re: VCE Legal Studies Question Thread
Post by: lilaznkev1n on December 25, 2010, 05:19:10 pm
Quote
Question 9 (5 marks)

Discuss how the Victorian Law Reform Commission can influence a change in the law. In your response you must:

• give an example of a case that that has been investigated by this body,
• list the composition of the body,
• what do they ultimately produce and for whom.

That question was on my school's SAC last year for AOS 1. If anyone could help, that would be greatly appreciated!

The Victorian Law Reform Commission is a central agenncy for developing law reform in Victoria. The VLRC's major responsibility is to research issues the Victorian Attorney-General refers to it,o has the power to recommend minor changes to the law without a reference. Additionally, members of the community may suggest areas of reform and following this the VLRC will undertake initial research in order to determine whether the matter is in the public interest to pursue by briefing the Attorney-General in order to seek terms of reference. If reference is received they undertake research by consulting members of the public and experts. They ultimately produce a final report which includes recommendations for change and presented to the Attorney-General (Rob Hulls if I remembered correctly). They Attorney-General tables the report in Victorian Parliament and the government decides whether to draft legislation that incorporates all, some or none of these recommendations to be initiated in Victorian Parliament. In this way, the VLRC can influence change in the law. An example of a reform that was developed by the VLRC is the defense to homicide reform which influenced Parliament to abolish the partial defence of provocation.

That is how I would answer the question but it has been over a month since i answered a legal question so it might not give you full marks.
It's five marks so I would be aiming at around 10 lines on your SAC page to answer this question which you should spend a maximum of 10 minutes on.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 25, 2010, 05:29:41 pm
Thanks! =D
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 26, 2010, 10:31:12 pm
How would people go about answering this:

The ideology behind the Doctrine of Separation of Powers is to protect institutions from outside influence. How is this achieved? (4 marks)

Would you just talk about the functions (i.e. Legislative, Administrative/Executive and Judicial)?.. or not?

Thanks to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on December 27, 2010, 01:09:09 am
How would people go about answering this:

The ideology behind the Doctrine of Separation of Powers is to protect institutions from outside influence. How is this achieved? (4 marks)

Would you just talk about the functions (i.e. Legislative, Administrative/Executive and Judicial)?.. or not?

Thanks to anyone who can help!
This question is open to interpretation. I read it as "what mechanisms are in place within the DoSP which help to ensure that the three arms remain seperate?" This is slightly obscure as you would generaly be asked to explain the doctrine or its effects rather than how it works, which requires a different angle. The way I would do it is:

1) brief explination of the doctrine (I would keep it brief as the focus is on 'how' rather than 'what')
2) Why the doctrine exists- mainly to avoid corruption.
3) How the doctrine achieves this-  Impartiality of judges (and perhaps refference the "recent" implementation of 5 year terms for some judges affecting this), the original role of the governor general and executive council and the supremecy of parliament and the extent to which it is supreme.

something along the lines of:

The doctrine of precedent provides that the body that makes the law (legislature), the body that enforces and interprets the law as well as settles disputes (the judiciary) and the executive institution remain three seperate and independant institutions.
The primary objective of this doctrine is to avoid the spread of corruption across the three arms as well as limiting it within any of the three institutions.
The doctrine provides a number of checks which are aimed at achieving this. For example, in an effort to provide independance for the legislature it is ensured that Parliament remains a supreme law making body and a parliament is only restricted by that parliament's constituion(s). Further, the judiciary's impartiality is protected as it is ensured that judges are not subject to political influence or pressure and are able to make decisions without bias (add in refference to 5 year term if you want).
Although in Australia the executive arm is strongly linked to the legislature, there remains provisions within the constitution amied at protecting the executive institution to an extent and providing the queens representatives with power (although through convention verry little of the Governors and governor general's executive power is ever used). Such provisions include the need to notify the governor general of a meeting of the executive council and some of the reserve powers.

^that's a lil bit scrappy (haven't done this for a whlie) and it took 4.5 minutes to write so it's about the right length for me.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 27, 2010, 09:41:15 am
Cheers for the help!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 28, 2010, 09:13:21 pm
Another question:

At what stage in the legislative process is an amendment to a bill most likely to be discussed? Give a reason for your answer. (2 marks)

I was thinking along the lines of "Consideration-in-Detail" - since the bill is examined and debated clause-by-clause, but I'm not 100% sure.

Thanks to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 28, 2010, 09:32:38 pm
Yep, thats right... I remember stuffing that one up on a practice exam -_-  It's definitely consideration in detail! :)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 28, 2010, 09:37:15 pm
Thanks! =D
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 28, 2010, 09:48:06 pm
how are you guys studying?
I grabbed the study design dot points, ill probably be taking relevant notes down from there
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 28, 2010, 10:02:01 pm
I've looked over the study design, though I haven't done much besides that. I'll probably make notes which are relevant to the study design soon, since currently, I'm writing notes on everything from the textbook (which may not be all necessary) - I want to make sure I cover everything.

For some reason, I never do dot points - I write my notes in large chunks of paragraphs - which are my summaries. :P

Half-way through Unit 3.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 29, 2010, 12:14:34 pm
Another question:

What's the difference between the attorney-general and the governor-general?.. in terms of their roles etc?

Presumably, the attorney-general relates to the VLRC, while the governor-general is involved in giving royal assent to legislation and so on?

This question isn't in any textbook or anything, I was just curious to know.

Cheers to anyone who can answer it!
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 29, 2010, 02:10:51 pm
Yeah pretty sure you got it. Governor General is the representative of the queen and because of the nature of responsible govt. is kind of a token position, just like the queen.

Also I believe they are in separate branches of govt.
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 29, 2010, 03:19:47 pm
Another question:

What's the difference between the attorney-general and the governor-general?.. in terms of their roles etc?

Presumably, the attorney-general relates to the VLRC, while the governor-general is involved in giving royal assent to legislation and so on?

This question isn't in any textbook or anything, I was just curious to know.

Cheers to anyone who can answer it!
according to my legal dictionary:

the attorney general is the head legal officer appointed by the premier or prime minister and respresenting the corwn. a member of cabinet responsible for the initation of legisalation into parliament

govenor general is the title given to the queen's representative in federal parliament.to become valid,all new federal laws must recieve royal assent from the govenor general.

so basically the attorney general is responsible for the initiation of legislation(bills) and the govenor general is responsible for the approval of a bill into an act

hope this helps :)
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 29, 2010, 03:21:34 pm
Is the legal dictionary worth buying?
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 29, 2010, 03:24:05 pm
Is the legal dictionary worth buying?
well it personally helped me a lot last year, it usually helps in clarifying things the textbook doesn't explain well or doesn't cover. but it really is up to you in the end, and if you feel that the textbook is not always adequate, then i recommend you buy one
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 29, 2010, 05:03:42 pm
Cheers for the help Burberry and adelaide.emily10.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 30, 2010, 02:14:41 pm
Quote
Question 7 (4 marks)

Parliament is said to be an effective lawmaker. Explain two strengths and two weaknesses of parliament as a law maker.

For a basic question such as the one above, do the strengths need to correspond with the weaknesses and vice versa?

In Legal Studies 1/2, I was told they don't necessarily need to correspond, unless it is a "Critically evaluate" question - in which case, they have to correspond.

Thanks to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 30, 2010, 03:56:41 pm
Quote
Question 7 (4 marks)

Parliament is said to be an effective lawmaker. Explain two strengths and two weaknesses of parliament as a law maker.

For a basic question such as the one above, do the strengths need to correspond with the weaknesses and vice versa?

In Legal Studies 1/2, I was told they don't necessarily need to correspond, unless it is a "Critically evaluate" question - in which case, they have to correspond.

Thanks to anyone who can help!
because it is a four mark question they do no necessarily have to correspond, however, when you get to 8 and 10 mark questions, corresponding them assits with the flow and so you work stands out from the rest (this is particularly important in a 10 mark question as they are marked globally than actually having a set mark allocation) but corresponding them even in 4 mark questions is still good practise but not necessary
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 30, 2010, 04:15:24 pm
Thanks for the help!
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 30, 2010, 04:26:36 pm
Is the legal dictionary worth buying?
well it personally helped me a lot last year, it usually helps in clarifying things the textbook doesn't explain well or doesn't cover. but it really is up to you in the end, and if you feel that the textbook is not always adequate, then i recommend you buy one

what is it called, and what exactly does it contain?
Sounds interesting, but unnecessary :D
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 30, 2010, 05:11:35 pm
Is the legal dictionary worth buying?
well it personally helped me a lot last year, it usually helps in clarifying things the textbook doesn't explain well or doesn't cover. but it really is up to you in the end, and if you feel that the textbook is not always adequate, then i recommend you buy one

what is it called, and what exactly does it contain?
Sounds interesting, but unnecessary :D

my one is called 'legal dictionary for australians'  by peter alderson

it contains explanatory definitions of many terms, that's why i was able to answer the question about the executive and the attorney general, so it's good for detailed knowledge. i didn't buy it because i wanted to, i had to buy it for 1/2 legal in 2009 and then i just kept it for 3/4, it really depends how you use it to get the most effective use out of it.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 30, 2010, 05:44:54 pm
Is the legal dictionary worth buying?
well it personally helped me a lot last year, it usually helps in clarifying things the textbook doesn't explain well or doesn't cover. but it really is up to you in the end, and if you feel that the textbook is not always adequate, then i recommend you buy one

what is it called, and what exactly does it contain?
Sounds interesting, but unnecessary :D

my one is called 'legal dictionary for australians'  by peter alderson

it contains explanatory definitions of many terms, that's why i was able to answer the question about the executive and the attorney general, so it's good for detailed knowledge. i didn't buy it because i wanted to, i had to buy it for 1/2 legal in 2009 and then i just kept it for 3/4, it really depends how you use it to get the most effective use out of it.

Sounds interesting!

How much did it cost, out of interest?

I'm using 2 textbooks this year, so that should be OK - one textbook may better explain certain information than the other.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 30, 2010, 05:55:10 pm
I have the two textbooks too. Spoke to a couple of friends who finished this year, they said its not necessary. You could get all the info you need from wiki anyway.
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 30, 2010, 06:57:20 pm
Is the legal dictionary worth buying?
well it personally helped me a lot last year, it usually helps in clarifying things the textbook doesn't explain well or doesn't cover. but it really is up to you in the end, and if you feel that the textbook is not always adequate, then i recommend you buy one

what is it called, and what exactly does it contain?
Sounds interesting, but unnecessary :D

my one is called 'legal dictionary for australians'  by peter alderson

it contains explanatory definitions of many terms, that's why i was able to answer the question about the executive and the attorney general, so it's good for detailed knowledge. i didn't buy it because i wanted to, i had to buy it for 1/2 legal in 2009 and then i just kept it for 3/4, it really depends how you use it to get the most effective use out of it.

Sounds interesting!

How much did it cost, out of interest?

I'm using 2 textbooks this year, so that should be OK - one textbook may better explain certain information than the other.
i bought it for $40 from my school booklist back in 2009. this year i used justice and outcomes, a+ legal notes and those that did 1/2 we used the legal dictionary, you probs don't need one because you have 2 textbooks
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 30, 2010, 08:56:25 pm
i bought it for $40 from my school booklist back in 2009. this year i used justice and outcomes, a+ legal notes and those that did 1/2 we used the legal dictionary, you probs don't need one because you have 2 textbooks

Yeah, I probably won't get the dictionary in the end. Hopefully the 2 textbooks can serve me just as well.

Thanks for your help anyhow.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 31, 2010, 12:13:29 pm
Another question:

What is the relationship between the Victorian Parliament and the Victorian Law Reform Commission?

Is that just the VLRC recommends changes on a particular issue and its report is tabled in the Victorian Parliament?.. then, Parliament may accept the findings and make amendments?.. or conversely, reject the recommendations?

Thanks to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 31, 2010, 12:23:12 pm
Dont over study, go out and enjoy your day.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 31, 2010, 12:33:11 pm
Dont over study, go out and enjoy your day.

I'm Asian! >.> ... Holidays = study. :P

I'm not over-killing on study, I haven't done much Legal over the past few days. Procrastinated.

I'd still like my question answered by someone! :)

I'll take heed of your advice.
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 31, 2010, 12:57:06 pm
Another question:

What is the relationship between the Victorian Parliament and the Victorian Law Reform Commission?

Is that just the VLRC recommends changes on a particular issue and its report is tabled in the Victorian Parliament?.. then, Parliament may accept the findings and make amendments?.. or conversely, reject the recommendations?

Thanks to anyone who can help!

your basically right, the vlrc was set up to monitor and recommend all law reform in victoria. the vic parlaiment particularly relies on the vlrc for formal law reform recommendations and so without the vlrc, the vic parlaiment would not necesasrily be up to date with what society wants in terms of laws and concerns.

i think i spend way too much time on this board....
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 31, 2010, 01:08:57 pm
Dont over study, go out and enjoy your day.
I think you should study as much as you can. overstudy meaning how much? 6+ hours a day or less?
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 31, 2010, 01:59:48 pm
Dont over study, go out and enjoy your day.
I think you should study as much as you can. overstudy meaning how much? 6+ hours a day or less?


Ye overstudying you can say 5+ hours a day on holidays. Im not going to touch Legal on the holidays to be honest. Ive got my A+ Notes so I might read over that a few times to understand the concepts. Im going to a 2 week school camp which we will bascially start school and enjoy sometime with the friends. Im finishing Unit3 physics there and might touch up on some Legal, English,Further and Methods
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 31, 2010, 02:14:06 pm
Dont over study, go out and enjoy your day.
I think you should study as much as you can. overstudy meaning how much? 6+ hours a day or less?

I agree with the first part. I suppose the reason I'm studying now, is to get a head-start and get through as much as I can before school starts. The most I've studied these holidays for one day was about 4 hours, changing subjects every so often.

For a subject like Legal, it's best to get a head-start. I PMed Wilby, who got 50 for Legal Studies this year (2010), and he told me he worked through most of Unit 3 during the holidays - which is what I'm hoping to do as well. I agree over-studying isn't all that good and you obviously need breaks in between.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 31, 2010, 02:18:35 pm
Legal Studies is not hard, it's one of the easier subjects you'll find. It doesn't require intense study a month before the school year starts; the best time to study hard for legals is the term 2 holidays and term 3 holidays, as Unit 4 is larger in terms of content than Unit 3.

All I did in the summer holidays last year was summarise the first 4 chapters of the textbook for our first SAC, but I'm sure there's no such thing as studying too much! ;)
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on December 31, 2010, 06:51:41 pm
To be honest I didn't do any studying for legal before school started.... Its extremelly difficult to fall behind in legal as all you are doing is reading. You can get away with keeping up with the class until Unit 4 and then getting it done quick (as flash) has said but even that isn't essential....

You guys have to find whats right for you and copying what someone did who got a 50 might not work for you, so beware  :o.... You have to remember luck plays a big part in humanity subjects on the day of the exam.... 
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 01, 2011, 11:03:49 am
Another question:

Critically evaluate two factors that may influence parliament’s willingness to change the law.

I don't know how to answer this question. I was thinking something like "Changing community attitudes and values" and "Changing expectations of the legal system", but I'm not too sure.

Thanks to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on January 01, 2011, 12:18:31 pm
Another question:

Critically evaluate two factors that may influence parliament’s willingness to change the law.

I don't know how to answer this question. I was thinking something like "Changing community attitudes and values" and "Changing expectations of the legal system", but I'm not too sure.

Thanks to anyone who can help!

If I was answering this question I'd most likely talk about formal pressure for change in the law and compare it to informal pressures for change. An example of a formal pressure is the Victorian Law Reform Committee (which is the only one list in the new study design?). These formal bodies generally are more successful than informal bodies, especially if they can table their report in parliament.

Informal pressure can come from individuals, protesters, rallies, petitions. Petitions are only successful if they have LOTS of signatures. Last year there was a 'Save Live Music' rally in Melbourne, so I liked to use that as my example. Rallies are good because they often get media attention so politicians are forced to respond/acknowledge the issue. However if a rally were to turn violent than the violence would cast the cause of the rally in a bad light.

Anyway, that's just my take on the question.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on January 01, 2011, 12:24:08 pm
Haven't seen a question like that before. I would say one factor would be the type of issue/area of law to be amended in terms of how sensitive it is amongst the community eg abortion. This can instigate law change as parliament (or more realistically, the government of the day) want to keep voters/their electorates happy by being seen to be taking action in such an area, or on the other hand it can make parliament unwilling to change the law as it may result in a voter backlash and/or the loss of an election.

Another factor may be the pressure of lobby groups/individuals who are demanding changes in the law. If there is no or little public interest or push for law change, then parliament may decide not to alter the law, or decide to postpone law change, however immense pressure from law reform groups will obviously make parliament more willing to amend a law.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 01, 2011, 12:42:22 pm
Thanks for the help!

@flash36 - The question isn't more specific than that, unfortunately. The first part of your answer is quite good.

I like your answer saaaaaam, it makes some sense to me.

Though my take on this question was that, it was asking reasons/factors why the Parliament may change the law, not necessarily ways of changing the law (i.e. petitions, demonstrations etc). I'm probably wrong in any case - you guys know more than me. I'm just confusing myself, so I'll leave it at that.

Again,

Cheers for the help.
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on January 01, 2011, 12:56:59 pm
I guess it's all in the way you word your answer. I'd end it with a few lines that directly relate to the question, something like:

An informal pressure for change, such as a petition is less likely to influence parliament’s willingness to change the law, as in order to represent the entire community it must have hundreds of thousands of signatures. In comparison the Victorian Law Reform Committee has a higher chance of influencing parliament’s willingness to change the law. It is especially powerful as it reports and makes recommendations directly to the Attorney General. The VLRC's success in influencing a change in the law is evident in the James Ramage Case, where following the VLRC's recommendations, parliament abolished 'provocation' a partial defence to murder.

EDIT: Rereading the question I can easily see how you could also talk about 'factors' in terms of advances in technology (upskirting, genetic modification), change in morals (gay rights) and that sort of thing.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 01, 2011, 01:05:32 pm
I guess it's all in the way you word your answer. I'd end it with a few lines that directly relate to the question, something like:

An informal pressure for change, such as a petition is less likely to influence parliament’s willingness to change the law, as in order to represent the entire community it must have hundreds of thousands of signatures. In comparison the Victorian Law Reform Committee has a higher chance of influencing parliament’s willingness to change the law. It is especially powerful as it reports and makes recommendations directly to the Attorney General. The VLRC's success in influencing a change in the law is evident in the James Ramage Case, where following the VLRC's recommendations, parliament abolished 'provocation' a partial defence to murder.

WOW. Thanks! That could be my exact answer to the question. Like. Much appreciated!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 04, 2011, 11:53:15 am
Another question;

Are financial Bills approved by Cabinet?

I was reading about government and private member's Bills and came over financial Bills. All it says in my textbook is that it's "A proposed law concerned with government spending".

Thanks to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on January 04, 2011, 01:12:22 pm
All I know about finance bills ATM is only HoR can initiate them. Govt. has majority there so in a sense they approve by voting for it? All guesswork as I've done v. Little for legal.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 04, 2011, 01:26:58 pm
Ohh, LOL. Don't worry about it. :p

I misread a bit of information - "As the government represents the majority in the lower house, a Bill with Cabinet support will usually be passed by parliament. A government Bill is a Bill that has been approved by the Cabinet. Government Bills include financial Bills, such as the budget, which endorse government spending."

So, yes you're in fact right.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on January 04, 2011, 01:45:31 pm
Do you have midyears? I've had to put off hardcore legal study to finish midyear subjects first.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 04, 2011, 01:55:33 pm
Do you have midyears? I've had to put off hardcore legal study to finish midyear subjects first.

Yep, I have the Unit 3 Chemistry exam, and that's it. I'm about a half-way through the Unit 3 Chemistry course.
Title: Re: VCE Legal Studies Question Thread
Post by: lilaznkev1n on January 05, 2011, 07:30:47 pm
Do you have midyears? I've had to put off hardcore legal study to finish midyear subjects first.

Yep, I have the Unit 3 Chemistry exam, and that's it. I'm about a half-way through the Unit 3 Chemistry course.
Wow you study so fast :)
I've only finished the organic chemistry section of the unit 3 course which is 4/14 chapters of unit 3.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 05, 2011, 09:34:36 pm
Another question;

What's the difference between a Private Bill and a Private member’s Bill?

I'm a bit confused. I know what a Private member’s Bill is, though not really a "Private Bill".

Thanks to anyone who can help out!
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on January 05, 2011, 10:05:43 pm
Never heard of a 'Private Bill'. Assume it's the same as PM Bill.
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on January 05, 2011, 11:23:46 pm
According to Legal Notes:

Private Member's Bill - a bill introduced by a member of parliament who is an individual or private member. (I think they're the independents?) These are not generally successful because they don't have the support of the Government.

Private Bill - a bill that applies to a specific person, group or company. They are rare. In 1990 the Community Protection Act 1990 was passed. It's purpose was to keep Gary Webb in prison.

Hope that helps!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 05, 2011, 11:51:10 pm
According to Legal Notes:

Private Member's Bill - a bill introduced by a member of parliament who is an individual or private member. (I think they're the independents?) These are not generally successful because they don't have the support of the Government.

Private Bill - a bill that applies to a specific person, group or company. They are rare. In 1990 the Community Protection Act 1990 was passed. It's purpose was to keep Gary Webb in prison.

Hope that helps!

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 06, 2011, 09:40:50 pm
Another question;

What are weaknesses of delegated legalisation/subordinate authorities?

I have that it:


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

Cheers to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on January 06, 2011, 09:47:00 pm
Inconsistency between different areas.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 06, 2011, 09:54:08 pm
Isn't that part of the "fragments the law-making powers"?

In my textbook, it reads:

Delegated legislation means that there is a range of bodies making rules and regulations throughout Australia. As a result of this fragmentation of the law-making powers, some inconsistencies occur between the various rules and regulations made.

Though I suppose you could have it as another point.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on January 06, 2011, 10:09:24 pm
Oh right, I didn't know the term (haven't done any of this yet :o )
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on January 06, 2011, 10:11:19 pm
Another question;

What are weaknesses of delegated legalisation/subordinate authorities?

I have that it:

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

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

Cheers to anyone who can help!

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

My textbook (updated for the new study design) has a good few pages on it with questions. Same, I did subordinate authorities in Year 11. It appears in my textbook again for Unit 3. It's part of "Parliament: law-making processes" in my textbook. I don't really see anything about it on the new study design, though I just want to cover all my bases. Worth going over it again?
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on January 06, 2011, 11:47:04 pm
well if there is a section in the textbook devoted to it i would cover it again just in case...... Wouldnt want to lose marks on it in the exam if it does come up....

For your question you could also argue that sub. Authorities wouldnt have the level of resources available to parliament.... If youve studied it you should know that parliament pretty much has access to anything it wants when making laws.... Sub. Authorities such as local councils and the likes arent as lucky and are therefore limited.... Im pretty sure local councils are sub. Authorities    *tries to remember yr 11*
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on January 07, 2011, 12:07:14 am
I think subordinate authorities were in the study design a few years ago, were removed, and are now back in it again.
Title: Re: VCE Legal Studies Question Thread
Post by: Hellhole on January 07, 2011, 12:22:01 pm
It relieves pressure on parliament in law-making areas due to the fact that they can delegate areas of lesser priority (such as those things in council jurisdiction) to seperate bodies and save time/resources?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 07, 2011, 10:31:18 pm
Thanks for the help guys!

As a general question;

Are we suppose to remember specific sections of the Constitution (i.e. Section 51 (xxxvi)) for the exam or SACs?
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on January 08, 2011, 11:17:27 am
Thanks for the help guys!

As a general question;

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

It isn't stipulated anywhere that you have to, but if you want to get above 40, I would say yes.
Title: Re: VCE Legal Studies Question Thread
Post by: Hellhole on January 08, 2011, 08:18:29 pm
Thanks for the help guys!

As a general question;

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

I was told by my teacher to remember certain sections of the Constitution in relation to things like referendums, Commonwealth Parliament superiority, seperations of powers and division of powers, but I'm not sure if that still applies to the new study design. Knowing the sections shows that you have knowledge of the specific topic but weren't required, from what I was told.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 08, 2011, 08:46:38 pm
Thanks for the responses. True to what flash36 said, my thinking is that adding that little bit more information/detail can be difference between getting full marks or not.

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

Yeah, they have been released for all subjects. I'm just eagerly awaiting the exam assessment reports to see where I screwed up.
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on January 08, 2011, 09:52:47 pm
Also, on a sidenote for current students (or even past), the VCAA website has released the previous year's exam (2010) on its' website. Here's the link if anyone wants a copy of the exam; this. The Exam Assessment Report isn't available yet though. Presumably, I think exams for other subjects have been released as well.

Yeah, they have been released for all subjects. I'm just eagerly awaiting the exam assessment reports to see where I screwed up.
ahh, the memories...
Title: Re: VCE Legal Studies Question Thread
Post by: lilaznkev1n on January 12, 2011, 07:59:18 pm
Thanks for the help guys!

As a general question;

Are we suppose to remember specific sections of the Constitution (i.e. Section 51 (xxxvi)) for the exam or SACs?
It's not required but these are the ones that I remember and I find useful in answering questions related to division of law-making power:
Section 51,52 to explain specific powers
Section 116, 117 restrictions on the Commonwealth parliament
Section 114,115 restrictions on the State Parliament (exclusive powers example)
Section 51(xxi) marriage as an example of a concurrent power
Section 109 - Conflicting concurrent powers and how it is resolved
Section 128 - Process of changing the constitution
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 13, 2011, 01:25:13 pm
Cheers for the help lilaznkev1n!

Another question;

In the end-of-year exam, are students only meant to compare the Australian constitution with one other country (i.e. United States, Canada, New Zealand and South Africa)?
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on January 13, 2011, 01:33:25 pm
Cheers for the help lilaznkev1n!

Another question;

In the end-of-year exam, are students only meant to compare the Australian constitution with one other country (i.e. United States, Canada, New Zealand and South Africa)?
yup. In exam only do one, but some schools teach two for sacs (and I refferenced USA in one of my sacs even though we did canada- but was warned to definately not do this in the exam).
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on January 13, 2011, 09:09:40 pm
I have a few questions, so I thought I'd post them in one go. :p

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

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

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

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

3) they have to be representative because their laws must be indicitive of the community's values and morals otherwise the parliament (and their laws) will lose the respect of the people, which could lead to disobediance (Penhaluriak's store hours law is an example of a law which was no longer representative). I can't remember the responsible bit very much. I can remember what it is, but that's all. Perhaps someone else can help out with this one.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on January 13, 2011, 09:32:02 pm

1) The overall aim of civil pre-trial procedures is to resolve some issues and clarify them so that time is saved in court. Also, pre-trial procedures promote out of court settlements which can speed up the process. However nifty lawyers (especialy big companies') often use them to slow down the process so that a financialy weaker party may be unable to continue with the suit.
I thought that was another advantage of pre-trial procedures, that they are cost-efficient and lawyers aren't required (which if it isn't the case, i guess you'd be right). Hm, I really didn't pay attention to legal last year as I was studying for my 3/4, but correct me if I'm wrong:
Within pretrial procedures there is conciliation, mediation (which are very similar) and a few other things [which i cannot remember].
Both of them involve the parties talking things over and attempting to reach a conclusion without either of them having to go to court.
It sometimes then happens that one of the parties (perhaps defendant or plaintiff [are pre-trial procedures only for civil law?]) decide that they cannot win the case and so settle for whatever they can..
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 13, 2011, 09:36:23 pm
Within pretrial procedures there is conciliation, mediation (which are very similar) and a few other things [which i cannot remember].
Both of them involve the parties talking things over and attempting to reach a conclusion.

I think that's right. They're called Alternative Dispute Resolution Methods (ADRs). There is; Negotiation, Mediation, Conciliation and Arbitration. All of them are informal methods of resolving disputes, bar Arbitration which is formal.
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on January 14, 2011, 12:18:41 am

1) The overall aim of civil pre-trial procedures is to resolve some issues and clarify them so that time is saved in court. Also, pre-trial procedures promote out of court settlements which can speed up the process. However nifty lawyers (especialy big companies') often use them to slow down the process so that a financialy weaker party may be unable to continue with the suit.
I thought that was another advantage of pre-trial procedures, that they are cost-efficient and lawyers aren't required (which if it isn't the case, i guess you'd be right). Hm, I really didn't pay attention to legal last year as I was studying for my 3/4, but correct me if I'm wrong:
Within pretrial procedures there is conciliation, mediation (which are very similar) and a few other things [which i cannot remember].
Both of them involve the parties talking things over and attempting to reach a conclusion without either of them having to go to court.
It sometimes then happens that one of the parties (perhaps defendant or plaintiff [are pre-trial procedures only for civil law?]) decide that they cannot win the case and so settle for whatever they can..
Yeah, you're right. I should've clarified. I was refering almost entirely to interogatories and discovery. You're right though, ADR is a big part of pre-trial which does speed up the process in most cases (like the david jones one).
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on January 14, 2011, 12:51:48 am

1) The overall aim of civil pre-trial procedures is to resolve some issues and clarify them so that time is saved in court. Also, pre-trial procedures promote out of court settlements which can speed up the process. However nifty lawyers (especialy big companies') often use them to slow down the process so that a financialy weaker party may be unable to continue with the suit.
I thought that was another advantage of pre-trial procedures, that they are cost-efficient and lawyers aren't required (which if it isn't the case, i guess you'd be right). Hm, I really didn't pay attention to legal last year as I was studying for my 3/4, but correct me if I'm wrong:
Within pretrial procedures there is conciliation, mediation (which are very similar) and a few other things [which i cannot remember].
Both of them involve the parties talking things over and attempting to reach a conclusion without either of them having to go to court.
It sometimes then happens that one of the parties (perhaps defendant or plaintiff [are pre-trial procedures only for civil law?]) decide that they cannot win the case and so settle for whatever they can..
Yeah, you're right. I should've clarified. I was refering almost entirely to interogatories and discovery. You're right though, ADR is a big part of pre-trial which does speed up the process in most cases (like the david jones one).

Oh, right cool. Was the david jones one arbitration? I remember reading that arbitration was done at the magistrate's court, for commercial matters in which $10,000+ was being demanded or something..not 100% sure
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on January 14, 2011, 01:33:10 am

1) The overall aim of civil pre-trial procedures is to resolve some issues and clarify them so that time is saved in court. Also, pre-trial procedures promote out of court settlements which can speed up the process. However nifty lawyers (especialy big companies') often use them to slow down the process so that a financialy weaker party may be unable to continue with the suit.
I thought that was another advantage of pre-trial procedures, that they are cost-efficient and lawyers aren't required (which if it isn't the case, i guess you'd be right). Hm, I really didn't pay attention to legal last year as I was studying for my 3/4, but correct me if I'm wrong:
Within pretrial procedures there is conciliation, mediation (which are very similar) and a few other things [which i cannot remember].
Both of them involve the parties talking things over and attempting to reach a conclusion without either of them having to go to court.
It sometimes then happens that one of the parties (perhaps defendant or plaintiff [are pre-trial procedures only for civil law?]) decide that they cannot win the case and so settle for whatever they can..
Yeah, you're right. I should've clarified. I was refering almost entirely to interogatories and discovery. You're right though, ADR is a big part of pre-trial which does speed up the process in most cases (like the david jones one).

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

I remember this was my second least favourite area of study (pipped at the post by criminal procedures). ADR is just no fun compared to real court :(
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 14, 2011, 11:53:57 am
Thanks for the help chrisjb. I've studied the Franklin Dam case before, I think that was where the Commonwealth Parliament over-rid the Tasmanian Government. The Commonwealth Parliament passed legislation that included the area around the proposed site of the dam, protecting it. While the Tasmanian Government wanted to build the dam. The Tasmanian Government challenged the constitutional validity of the legislation before the High Court, and the Commonwealth Parliament won out, I think. Is that right?

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

Being representative and responsible are two main ways that democracy is upheld in Australia. As politicians act on behalf of their citizens they become accountable and answerable to their people. If they want to be re-elected than they should also be representative and responsible because nobody wants a Government who doesn't care or listen.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 14, 2011, 10:39:58 pm
Cheers for the help saaaaaam. Much appreciated.
Title: Re: VCE Legal Studies Question Thread
Post by: _avO on January 14, 2011, 11:21:47 pm
If you don't mind I put all the questions in this thread (and might add some from other threads) in the first page so that people don't repeat any questions later in the year
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on January 14, 2011, 11:27:04 pm
If you don't mind I put all the questions in this thread (and might add some from other threads) in the first page so that people don't repeat any questions later in the year

Excellent idea, thanks _avO!

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

Explain how civil pre-trial procedures can both assist and limit the achievement of the timely resolution of disputes. Illustrate your answer with two examples.
Explain how the legislative powers of the Commonwealth Parliament can be altered by High Court interpretation of the Constitution.
Explain why the government must be both representative and responsible.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 15, 2011, 11:08:15 am
If you don't mind I put all the questions in this thread (and might add some from other threads) in the first page so that people don't repeat any questions later in the year

Excellent idea, thanks _avO!

Ditto that. Niccce. Others should ask questions as well; nearly all the questions on the OP have been asked by me. :p
Title: Re: VCE Legal Studies Question Thread
Post by: Cappuccinos on January 15, 2011, 11:42:05 am
Quick Question!

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

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 15, 2011, 12:14:57 pm
I don't know. It's on the study design, but it's not clear. Could be a collection of questions/exercises from your textbook?

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

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

• A case study
• Structured questions
• A test
• An essay
• A report in written format
• A report in multimedia format
A folio of exercises.
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on January 15, 2011, 12:20:19 pm
My holiday homework for legal last year was producing a folio. We were given five articles and had to answer question about them. Then we had to source another five articles and talk about their relevance to the legal studies course. There was also a stack of definitions that needed to be defined and links to websites about Parliament, where tables/graphs needed to be printed and commented on.

Except ours wasn't assessed and our first SAC was in the form of a test.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on January 15, 2011, 12:24:17 pm
We did that in year 11; collected a folio of current court cases and wrote up a report about them eg civil or criminal law, facts of the case, burden and standard of proof, sanctions imposed etc etc.
Title: Re: VCE Legal Studies Question Thread
Post by: Cappuccinos on January 15, 2011, 01:39:47 pm
Ah I see! Thanks for your help guys!
It makes sense.
I thought SACs had to be done in test conditions so I couldn't figure out what we had to do. But yeah its alot clearer now. I'll have to double check with my teacher to find out what we're really doing because I just remembered  we did a practice SAC and it was a test? lol

Anyway thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 18, 2011, 04:22:27 pm
Another question;

Could someone explain to me what the "Scrutiny of Bills Committee" is?

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on January 18, 2011, 04:26:45 pm
Erm I believe thats what they call the house of parliament when it reviews the bill in great detail, correcting any vague terms etc.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 18, 2011, 04:34:02 pm
Ah, right. Cheers.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on January 18, 2011, 04:37:17 pm
I've only read chapter one so far, but its very similar to 1/2 and Interpol. Not certain though so I looked it up for you.

I think what I said was correct.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 18, 2011, 06:46:51 pm
Another question;

Describe the law-making processes of either the Commonwealth Parliament or the state parliaments. Do they operate to meet the needs of society effectively?

Obviously that's just; First Reading, Second Reading, Consideration-in-detail/Committee of the Whole, Third Reading etc. Though, how would people answer the second part of the question?

Thanks to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on January 18, 2011, 06:59:59 pm
Another question;

Describe the law-making processes of either the Commonwealth Parliament or the state parliaments. Do they operate to meet the needs of society effectively?

Obviously that's just; First Reading, Second Reading, Consideration-in-detail/Committee of the Whole, Third Reading etc. Though, how would people answer the second part of the question?

Thanks to anyone who can help!

For this you could look at time... Society might need law to be made really quickly. Take terrorism for example , before 9/11 there were barely any laws on terrorism so parliament had to go crazy and make laws to protect citizens so you could say that the process can be adjusted to fit the needs of society. Cause normally it takes a long time/ parliament isnt always sitting and so on

I'd also talk about the detail in which a law is examined before becoming official i.e the committee stage. This ensures that societys views are characterised well within the law and that the majority of societys needs are upheld.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 18, 2011, 07:31:23 pm
Cheers for the help andy456.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on January 18, 2011, 07:35:18 pm
Is it bad that I understand none of this stuff at the moment? (I'm yet to study the legal course for holiday homework)
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on January 18, 2011, 07:39:34 pm
Is it bad that I understand none of this stuff at the moment? (I'm yet to study the legal course for holiday homework)
You mean you don't understand something you haven't learnt???? Terrible!!!

Jokes.... This stuff is easy to grasp and once you read it you'll think 'well duh thats just common sense'
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 18, 2011, 07:57:46 pm
Jokes.... This stuff is easy to grasp and once you read it you'll think 'well duh thats just common sense'

I agree. It doesn't matter if you don't get it right now, you'll get it in the end no doubt. It's easy enough.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on January 18, 2011, 09:41:04 pm
Nothing to get, you just have to read it once or twice and remember it.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 19, 2011, 08:38:37 pm
Another question;

On the study design it says "The capacity of the states to refer law-making power to the Commonwealth Parliament"; I'm not too sure what it means. It's AOS 2, by the way. All I remember from Units 1/2 in relation to this was the "division of powers"; exclusive, concurrent and so on. If anyone can help that would be appreciated.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on January 19, 2011, 08:44:51 pm
Nothing to get, you just have to read it once or twice and remember it.

And you can guess a large amount of it, nearly all the answers I've given so far I've assumed from minimal reading.
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on January 19, 2011, 08:47:13 pm
Another question;

On the study design it says "The capacity of the states to refer law-making power to the Commonwealth Parliament"; I'm not too sure what it means. It's AOS 2, by the way. All I remember from Units 1/2 in relation to this was the "division of powers"; exclusive, concurrent and so on. If anyone can help that would be appreciated.

So any power that is not listed in the constitution automatically becomes a power of the states. One such area is criminal law. If the states want to, they can give up these powers and give them to federal parliament. This is what the referring of power is.

It's rare that this happens, I mean, who wants to willing give away their power? But it did happen sometime in the past decade. You see Federal Parliament deals with the break up of relationships but de facto relationships were a power of the state. To make it easier the states gave up this power to the commonwealth so that the break up of all marriage/relationships could be dealt with together in the one place.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 19, 2011, 10:23:03 pm
So any power that is not listed in the constitution automatically becomes a power of the states. One such area is criminal law. If the states want to, they can give up these powers and give them to federal parliament. This is what the referring of power is.

It's rare that this happens, I mean, who wants to willing give away their power? But it did happen sometime in the past decade. You see Federal Parliament deals with the break up of relationships but de facto relationships were a power of the state. To make it easier the states gave up this power to the commonwealth so that the break up of all marriage/relationships could be dealt with together in the one place.

That's what I was thinking, "who wants to willing give away their power?". Is that as much as you would need to say for this point? Just give an example that shows a state giving up a power to the Commonwealth?
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on January 19, 2011, 11:26:32 pm
So any power that is not listed in the constitution automatically becomes a power of the states. One such area is criminal law. If the states want to, they can give up these powers and give them to federal parliament. This is what the referring of power is.

It's rare that this happens, I mean, who wants to willing give away their power? But it did happen sometime in the past decade. You see Federal Parliament deals with the break up of relationships but de facto relationships were a power of the state. To make it easier the states gave up this power to the commonwealth so that the break up of all marriage/relationships could be dealt with together in the one place.

That's what I was thinking, "who wants to willing give away their power?". Is that as much as you would need to say for this point? Just give an example that shows a state giving up a power to the Commonwealth?

I really should have done this before I answered the first time but anyway. I searched through my computer files to find my personal notes from the year. This is what I had on referred powers. You would never need to write more than this.


Referral of Power
•   S.51 of the constitution gives the commonwealth parliament power to make laws on powers referred to it by state parliaments
•   States have given power in relation to the break up of de facto relationships
•   Parliament previously had the power to legislate on marriage and divorce, but de facto relationships remained a residual power
•   Referred the powers so that de facto relationships could be resolved in the Family Court, which was a federal court

However if you ever have a big question about changing the constitutional powers it would be easier to answer with referendum and/or high court interpretation. Just because there's more to say about them.
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on January 19, 2011, 11:33:46 pm
referral of power can also be a good thing though... Sometimes it makes sense to give up your power to someone else... As i recall terrorism was not mentioned in the constitution and when the issue arose the power was with the states.... They all saw it as right to refer the power to the commonwealth and rightly so... It makes more sense for major issues to be dealt with nation wide..
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 20, 2011, 09:43:37 am
Thanks for the help saaaaaam and andy456.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 20, 2011, 07:15:34 pm
Another question;

What happens in a triple majority as opposed to a double majority, in reference to a referendum?

We touched on it in Units 1/2, but I can't seem to remember how it works; I do know what a double majority is.

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on January 20, 2011, 08:02:23 pm
Another question;

What happens in a triple majority as opposed to a double majority, in reference to a referendum?

We touched on it in Units 1/2, but I can't seem to remember how it works; I do know what a double majority is.

Thanks!

That sparked my curiousity, just because I've never heard of it before. This is what wikipedia has to say:

Quote from: wikipedia
In order to pass a referendum, the bill must ordinarily achieve a double majority: a majority of those voting throughout the country, as well as separate majorities in each of a majority of states (4 of 6). In certain circumstances, where any state or states are affected by a referendum then a majority of voters in those states must also agree to the change. This is often referred to as the "triple majority" rule.

But maybe get this double checked, just because it's wikipedia and not trust worthy and all.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 20, 2011, 09:51:24 pm
Ah, right. I shall. Can I assume I don't need to know it, since you did Legal Studies last year and didn't come across it? Do I just need to know what a double majority is? I don't think that aspect of the course; referendum, has changed from the previous design.
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on January 20, 2011, 10:37:08 pm
Yeah just know about the double majority provision, the process the referendum has to go through, reasons why they are generally unsuccessful and have a few examples up your sleeve.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 21, 2011, 10:58:47 am
Another question;

What does "bipartisan support" mean in relation to a referendum?

Is that like both houses of parliament/major political parties support or something?

Cheers!
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on January 21, 2011, 11:06:56 am
Another question;

What does "bipartisan support" mean in relation to a referendum?

Is that like both houses of parliament/major political parties support or something?

Cheers!

Yes, the two major political parties.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on January 21, 2011, 11:33:58 am
Hey, what chapters are you guys up to?
Anyone using study guides already?
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on January 21, 2011, 11:35:48 am
I've read and noted the first few pages
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 21, 2011, 11:39:49 am
Chapter 5, which is the Constitution. It's the second last chapter in Unit 3. I've made notes and answered textbook questions, nothing more than that. I haven't used any study guides yet, I'm preparing for my first SAC which is quite early comparatively (late Feb); so I may use it then. I'm finishing off Unit 3 now, since I'll have my mid-year exam (Chemistry) which I'll focus on mainly in Semester 1.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on January 21, 2011, 11:59:38 am
Oh I see... I'm finding it a little difficult to take down precise notes? The key knowledge dot points are there, but the way the information is structured does not hint at how I should take my notes. For my subject last year, I could literally write down key knowledge dot points, and the information I needed was under the specific heading.

Question:
Learning Activity 1.1
A) what is the Westminster System?
B) in what way is the australian parliamentary system a constitutional monarchy?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 21, 2011, 12:55:46 pm
Cover everything just to be sure?

Quote
A) what is the Westminster System?

It's the system on which the the Australian Parliament is based; where you have two houses, the upper and lower house. Bicameral.

Quote
B) in what way is the australian parliamentary system a constitutional monarchy?

We have a governor-general/governor, which represents the Queen. I think that's right.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on January 21, 2011, 07:15:36 pm
Quote
B) in what way is the australian parliamentary system a constitutional monarchy?
We have a governor-general/governor, which represents the Queen. I think that's right.
A constitutional monarchy is where a monarch is the head of state. The Queen (in our case, the monarch) acts as a figurehead and her role is mainly ceremonial. It is most common for her to consult/take advice from the government before using her political power.
It should also be noted that, the Queen is bound by the Australian constitution, which outline the rules by which Australia will be governed.

I'm starting to dislike this textbook (Justice and outcomes 11e), despite it's exceptional aesthetics the theory is meh.. And what is "11e" anyway lol


also, does anyone have the answers to my textbook?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 21, 2011, 07:28:07 pm
Quote
B) in what way is the australian parliamentary system a constitutional monarchy?
We have a governor-general/governor, which represents the Queen. I think that's right.
A constitutional monarchy is where a monarch is the head of state. The Queen (in our case, the monarch) acts as a figurehead and her role is mainly ceremonial. It is most common for her to consult/take advice from the government before using her political power.
It should also be noted that, the Queen is bound by the Australian constitution, which outline the rules by which Australia will be governed.

I'm starting to dislike this textbook (Justice and outcomes 11e), despite it's exceptional aesthetics the theory is meh.. And what is "11e" anyway lol

Isn't that what I essentially said, about having a governor-general/governor who represents the Queen?

If you don't like the textbook, if you have the money, buy another Legal Studies textbook for your own use; it may better explain the information than the one prescribed by your school. I've got three textbooks for this year.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on January 21, 2011, 07:34:03 pm
Quote
B) in what way is the australian parliamentary system a constitutional monarchy?
We have a governor-general/governor, which represents the Queen. I think that's right.
A constitutional monarchy is where a monarch is the head of state. The Queen (in our case, the monarch) acts as a figurehead and her role is mainly ceremonial. It is most common for her to consult/take advice from the government before using her political power.
It should also be noted that, the Queen is bound by the Australian constitution, which outline the rules by which Australia will be governed.

I'm starting to dislike this textbook (Justice and outcomes 11e), despite it's exceptional aesthetics the theory is meh.. And what is "11e" anyway lol

Isn't that what I essentially said, about having a governor-general/governor who represents the Queen?

If you don't like the textbook, if you have the money, buy another Legal Studies textbook for your own use; it may better explain the information than the one prescribed by your school. I've got three textbooks for this year.

Oh, three is a lot, which of them do you like best? Is there much of a variation between the three in terms of structure and styles of questions?
I may just stick to this textbook and use my 1/2 stuff to clear things up, and maybe buy some study guides

Q. In the constitution, the executive power is vested in the queen. Does this mean that the queen makes decisions about what laws should be passed? Explain.

- I know she doesn't, and that the governor general has to give their royal assent for a law to be passed (amongst other things) but what else would you write?
Anything about her being bound to the constitution, or is that irrelevant?
Title: Re: VCE Legal Studies Question Thread
Post by: lilaznkev1n on January 21, 2011, 07:36:49 pm
Cover everything just to be sure?

Quote
A) what is the Westminster System?

It's the system on which the the Australian Parliament is based; where you have two houses, the upper and lower house. Bicameral.
This question is similar to the very first question on the 2010 exam "Outline the structure of the Victorian Parliament" and you said correctly that it is bicameral and that there are two houses, but I think that for you to gain the full 2 marks, you would need to mention that there is also a queens representative.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 21, 2011, 07:40:54 pm
Oh, three is a lot, which of them do you like best? Is there much of a variation between the three in terms of structure and styles of questions?
I may just stick to this textbook and use my 1/2 stuff to clear things up, and maybe buy some study guides

Not really. They're all pretty good; "Making & Breaking the Law", "Key Concepts" and "Justice and Outcomes". The lecturer at TSFX said the same thing. It doesn't really matter what textbook you have, they're all good this year. I have e-book copies of the three textbooks. I've kept my Units 1/2 stuff as well; I guess some parts of Units 3/4 is a repeat of Units 1/2, hence it may be useful later on. I've only bought the Cambridge Checkpoints 2011 in terms of study guides.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on January 21, 2011, 07:41:03 pm
Cover everything just to be sure?

Quote
A) what is the Westminster System?

It's the system on which the the Australian Parliament is based; where you have two houses, the upper and lower house. Bicameral.
This question is similar to the very first question on the 2010 exam "Outline the structure of the Victorian Parliament" and you said correctly that it is bicameral and that there are two houses, but I think that for you to gain the full 2 marks, you would need to mention that there is also a queens representative.
Hey could u have a shot at answering: Q. In the constitution, the executive power is vested in the queen. Does this mean that the queen makes decisions about what laws should be passed? Explain.

Also, you only lost 4 marks in the exam, is that seriously only a 42? I'm assuming your SACs must have let you down right? Is it easy to lose marks in legal studies? I know for I.T Apps, you have a very good score if you lose ~10ish marks, probably not the same for legal though right?

Would you mind uploading the 3 e-books?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 21, 2011, 08:06:56 pm
Quote
Would you mind uploading the 3 e-books?

They're too big to upload on VN. Unless I have MediaFire or RapidShare, then I can; though I don't know how to use those websites.
Title: Re: VCE Legal Studies Question Thread
Post by: lilaznkev1n on January 21, 2011, 09:37:13 pm
Cover everything just to be sure?

Quote
A) what is the Westminster System?

It's the system on which the the Australian Parliament is based; where you have two houses, the upper and lower house. Bicameral.
This question is similar to the very first question on the 2010 exam "Outline the structure of the Victorian Parliament" and you said correctly that it is bicameral and that there are two houses, but I think that for you to gain the full 2 marks, you would need to mention that there is also a queens representative.
Hey could u have a shot at answering: Q. In the constitution, the executive power is vested in the queen. Does this mean that the queen makes decisions about what laws should be passed? Explain.

Also, you only lost 4 marks in the exam, is that seriously only a 42? I'm assuming your SACs must have let you down right? Is it easy to lose marks in legal studies? I know for I.T Apps, you have a very good score if you lose ~10ish marks, probably not the same for legal though right?

Would you mind uploading the 3 e-books?
Executive power is one of the principles of the separation of powers and it is the power to implement and administer laws. It is exercised by the Governor-General which is the queens representative. However, this does not mean that the queen makes laws about what laws should be passed as the governor-general acts on the advice of the government. Due to the queens representative acting on the advice of the government this will mean that the queens representative holds this power in theory but in practice it is wielded by the government therefore the queen doesn't directly makes decisions about what laws should be passed.

We never went into so much detail about the separation of powers last year so my answer might not be complete.
Yeah my SAC's last year let me down. Here is what I got:
GA1: A (87/100)   GA2: A+ (94/100) GA3: A+ (112/120)
My friend got the same exam score as me but got nearly 100% on all his sacs and managed a study score of 45.
For legal this year the A+ cutoff was 53/60 and marks isn't that hard to lose. For questions that are worth 2 or 4 marks, you have to have specific points to gain full marks therefore they are harder to lose marks on. While, 6,8,10 mark questions are marked globally which means the examiner marks it not according to how many points you have, but the strength of your arguments so I find that these questions are easier to lose marks on.

If you get above 90% on all your sacs you should do fine study score wise.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 22, 2011, 10:23:37 am
Quote
If you get above 90% on all your sacs you should do fine study score wise.

That's true. I don't know where my other post went; but, I went to the TSFX Legal Studies lecture just recently and I found it to be quite good. Aside from the general view that people have of TSFX; the notes were good and detailed, as well the lecturers, who I thought, spoke reasonably well. I'd go again to their lectures, if they ran one prior to the end-of-year exam. It was worth the money in my opinion. I'd being willing to post some cases up - if anyone wants me to; the notes gave a whole stack of cases that can be referred to in SACs and the end-of-year exam.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on January 22, 2011, 12:05:41 pm
Quote
If you get above 90% on all your sacs you should do fine study score wise.
I'd being willing to post some cases up - if anyone wants me to; the notes gave a whole stack of cases that can be referred to in SACs and the end-of-year exam.

Are the notes that they gave you supposed to cover the whole course, or just unit 3?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 22, 2011, 12:12:24 pm
Quote
If you get above 90% on all your sacs you should do fine study score wise.
I'd being willing to post some cases up - if anyone wants me to; the notes gave a whole stack of cases that can be referred to in SACs and the end-of-year exam.

Are the notes that they gave you supposed to cover the whole course, or just unit 3?

Mainly Unit 3. They have another lecture sometime during the year to cover Unit 4.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 24, 2011, 08:30:58 pm
How is everyone going for Legal?

I've done nothing for about two weeks and I go back to school on Thursday. I'm still on the Constitution. I might start studying for my first SAC which is in late February; make flash cards/do practice SACs and so on. I've covered everything on my first SAC, I just need to look over the content again. How about you guys?
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on January 25, 2011, 11:40:47 pm
I've only read the first few pages, back Friday week
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on January 28, 2011, 06:47:29 pm
How is everyone going for Legal?

I've done nothing for about two weeks and I go back to school on Thursday. I'm still on the Constitution. I might start studying for my first SAC which is in late February; make flash cards/do practice SACs and so on. I've covered everything on my first SAC, I just need to look over the content again. How about you guys?
wow, this time last year I hadn't even done the holiday homework that was set. Our class didn't even do constitution SAC untill term 2 (studied my ass off in the term1-2 holiday for it). You're way ahead man.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on January 28, 2011, 06:53:58 pm
Today I started reading (aloud) chapter 1 from both Justice&Outcomes and Key Concepts textbooks, then did some writing on the whiteboard, then handwrote all the notes for AOS1. Will do questions for it tomorrow.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on January 28, 2011, 09:48:04 pm
You finished AOS1 in ONE DAY?

you are superhuman.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on January 28, 2011, 09:49:26 pm
You finished AOS1 in ONE DAY?

you are superhuman.

Sort of. Now that you told me chapter 2 of J&O is AOS1 as well, I haven't exactly finished. BUT, I did cover all of chapter 1 of Key Concepts, which covers all of AOS1.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on January 28, 2011, 09:51:43 pm
Still a pretty Darn good effort.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 28, 2011, 09:55:48 pm
How many chapters/topics does AOS 1 cover? How many AOS's are there in Unit 3? I never look into these things; I just make notes and do the questions.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on January 28, 2011, 09:59:36 pm
Well depends what Textbook you are using, but for KC whole of Chapter One is AOS1 and Chapters 1 & 2 for J&O.

Unit 3 has Three AOS's.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on January 28, 2011, 10:00:30 pm
EPL, I thought you were writing notes off the study design, hence you'd know about all this stuff? :)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 28, 2011, 10:06:48 pm
EPL, I thought you were writing notes off the study design, hence you'd know about all this stuff? :)

Ohh, my textbook clearly doesn't correlate to the study design. In "Making & Breaking the Law", I think there are 2 AOS's for Unit 3?

According to my teacher, the first 4 chapters of the textbook that I'm using is AOS 1. There are only 6 chapters for Unit 3 in my textbook. I've finished Unit 3 in that case. My textbook is by far the worst; it doesn't even show what chapters cover each AOS. Sighh.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on January 28, 2011, 10:27:39 pm
AOS 1 is pretty easy, you'll all smash it.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on January 29, 2011, 10:34:08 am
ch.1 is like the stuff we did last year anyway..i felt so bored revising it. To be honest, i think i won't skip ahead and finish the course, i'm going to go a bit ahead of my school, so in class is revision and im ahead on SACs..skipping ahead on legal is too boring/hard to do
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on January 29, 2011, 10:45:44 am
Agreed. There's so much to do and cover, there's no way I'd even think about finishing the whole thing..
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on January 29, 2011, 03:57:57 pm
Does anyone know whether I should set up a file with case studies and examples for every topic in the Legal Studies course? I know I'll need to add an example to some answers to the major topics, but for stuff like 'reasons for a change in the law', 'principles of the parliamentary system' and  other minor stuff, should there be examples and extracts from real life situations to support answers to questions on these topics?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 29, 2011, 04:17:16 pm
Not necessarily everything covered in the course will be tested on the exam. They; being VCAA can only test so much in a 2-hour exam. I doubt you would need to know examples for minor details. Just have examples of cases, acts for big areas; which you can refer to come the end-of-year exam. For example for 'reasons for a change in the law' you can just say 'changing community values and attitudes' and give an example like marriage. That's as far as I would go. It also depends on the allocated marks for the question; I wouldn't waste my time giving an example for a one-mark question. It's up to you though.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 29, 2011, 08:12:30 pm
Ohh, and I was going to ask; what's people's set-up for Legal Studies? I've got two exercise books; one for notes and the other for doing questions in. I have also got a plastic folder to put work into (i.e. SACs, worksheets).
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on January 29, 2011, 08:19:01 pm
Ohh, and I was going to ask; what's people's set-up for Legal Studies? I've got two exercise books; one for notes and the other for doing questions in. I have also got a plastic folder to put work into (i.e. SACs, worksheets).

I've got a ring folder which has looseleaf paper for writing notes for each AOS in, one exercise book for doing questions in, a couple plastic pockets for handouts and stuff. I've got a manilla folder for Legal Unit 3 as well - when I'm done with AOS 1 I'll take the notes for AOS 1, put them into a plastic pocket, and move it from the ring folder to the unit 3 manilla folder, so the ring folder only has stuff that's relevant to what I'm doing at that time. Saves carrying heaps of stuff too.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on January 29, 2011, 08:22:29 pm
Agreed. There's so much to do and cover, there's no way I'd even think about finishing the whole thing..

Yea just finished AOS1 today, not gonna do anything more till school starts.
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on February 02, 2011, 02:44:34 pm
I've got an exercise book with my name on it
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 02, 2011, 04:44:01 pm
Another question;

What is meant by the term "hostile house"?

I got this question on some Legal Studies worksheet handed out in class; I've got no idea. It's not in my textbook either.

Thanks to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on February 02, 2011, 04:56:08 pm
Hostile house is when the Upper house is controlled by the opposition. (eg. The upper house majority is Labor, and the lower house majority is  Liberal.) The upper house would be expected to review the bills passed through the lower house more carefully. This would make it more difficult to pass the bills, because they want to vote with their party lines.
Does that make sense? :S
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on February 02, 2011, 05:03:25 pm
I'm familiar with the term 'Hostile upper house'  which is when the party not in government (or a coalition of parties or a group of unaffiliated independants/minor parties) hold either a majority or ballance of power in the Upper house of a bicameral system (i.e. the senate/legislative council). It means that it's very difficult for the government to pass legislation through as it will often be blocked (see Gough Whitlam; also the howard government's gst bill).

i.e. the government only has majority in house of reps.

As bills can be initiated in the upper house, the lower house could also be considered hostile in situations, so I'd guess that the term 'hostile hosue' is exactly the same as 'hostile upper hosue' except it can be used to reffer to either the upper or lower hosue.

dang! beaten to it by ech_93
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 02, 2011, 05:10:36 pm
Thanks guys! Much appreciated.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 04, 2011, 08:42:04 pm
Another question;

What's the difference between 'statutory Bills of Rights' and 'entrenched Bills of Rights'?

Thanks to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on February 04, 2011, 10:09:33 pm
statutory bill of rights are when the rights are protected under laws/statute (if that makes sense), and can be changed through law amendments.
and entrenched bill of rights is when they are protected in the constitution and can only be removed through a referendum.

I think thats right, i will dig up one of my past sacs to see though...

edit: yeah, in a sac we had a pretty similar question. My answer was "An entrenched Bill of Rights cannot be changed easily, they can only be changed through a successful referendum. A statutory bill of rights is when the rights are protected through legislation rather than a Constitution. The statutory bill of rights can be changed through amendments to the legislation.'"
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 04, 2011, 10:14:55 pm
statutory bill of rights are when the rights are protected under laws/statute (if that makes sense), and can be changed through law amendments.
and entrenched bill of rights is when they are protected in the constitution and can only be removed through a referendum.

I think thats right, i will dig up one of my past sacs to see though...

That's pretty good. Though, could you elaborate on the bits in bold? I'm not really sure what you mean by 'protected under laws/statute' and 'law amendments'. Would 'law amendments' refer to the interpretation by the courts or something? That would be great if you could dig up one of your past SACs.

EDIT: Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on February 04, 2011, 10:18:10 pm
Do you still want me to elaborate, or does it make sense? My initial explanation wasn't very clear...
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 04, 2011, 10:20:17 pm
Could you elaborate just for the first bit?

statutory bill of rights are when the rights are protected under laws/statute (if that makes sense), and can be changed through law amendments.

That. Thanks, that would be greatly appreciated. =]
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on February 04, 2011, 10:39:36 pm
ok so a statutary bor is a bill of rights in the form of an act of parliament.... So its just like they make a law about anything... Afaik its the normal bill process into an act..... So then there is a law saying what is protected..... This can easily be changed compared to entrenched bor..... The statutory one can be changed by the creation of a law that nullifies ,dont know if thats a word, the bor....

Hopefully this is right..... Last year i studied an entrenched bor and only briefly went over this
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on February 04, 2011, 10:48:21 pm
Well, the statutory bill of rights are just like any other law. They don't have any special way of changing and making amendments (unlike the constitution which has the referendum process to follow). The statutory bill of rights would be amended in the same way that, for example, The Road Safety Act would be changed - it would be taken through parliament or changed in the courts. But, for the entrenched rights the public must vote on it.
This way you could argue that the entrenched rights are more fair and just as we have a say, where we don't have as much a say with statutory bill of rights.

In my textbook it sets out the difference between australia's rights (entrenched bill of rights) and the united kingdom's rights (statutory bill of rights)

Differences
United kingdom:Statutory rights (a bill of rights) listed in the act of parliament -- Australia: No bill of rights
United kingdom: No constitutional entrenched rights -- Australia: Five constitutional entrenched rights
United kingdom:Many rights protected -- Australia: Only five protected under the constitution.
United kingdom: An act of parliament can be passed to amend the Human Rights Act if it can be seen publicly safe -- Australia: Rights can only be removed from the Constitution through referendum


If it is in your textbook you should read about how things work in the united kingdom, that would help make more sense.

Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 05, 2011, 09:48:45 am
Thanks for your help guys. =]
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on February 05, 2011, 04:05:44 pm
A question from Justice&Outcomes (pg. 10):

In the Constitution, the executive power is vested in the Queen. Does this mean that the Queen makes decisions about what laws should be passed? Explain.

This question's confusing me because it's supposed to be testing knowledge on the specific section of the chapter in the pages before these questions, but executive powers aren't discussed until later on in the chapter.. So I'm confused as to how I should answer it when the actual content of the question hasn't been discussed in the book.

But it's also slightly poorly worded, because maybe the question is asking whether executive power = ability to make decisions about which laws get passed?

Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on February 05, 2011, 04:39:00 pm
The answer is no
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on February 05, 2011, 04:42:42 pm
So you're saying that the question is asking whether executive power = ability to make decisions about which laws get passed?

If so, that's pretty strange.. executive power hasn't been covered in the section before the question.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on February 05, 2011, 04:52:08 pm
Hmm and also strange that the answer may be 'no' because generally speaking, executive power is the power that the Queen/her representatives have in administering and policing the law.. which I guess would also mean having the ability to make decisions about which laws get passed and which don't?
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on February 05, 2011, 06:26:44 pm
Its probably asking to you respond about responsible govt. etc. GG is just a figurehead most of the time, just there for royal assent.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 05, 2011, 09:16:20 pm
The term 'executive' or 'executive government' refers to the group of people who administer, carry out and enforce (execute) the laws made by parliament. The Constitution confers executive power on the Governor-General, representing the Queen, and on ministers appointed by the Governor-General. The ministers, their leader being the Prime Minister, form the Executive Council, a body that meets with the Governor-General and gives advice on the exercise of executive power. Hope that helps.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on February 05, 2011, 09:48:01 pm
The term 'executive' or 'executive government' refers to the group of people who administer, carry out and enforce (execute) the laws made by parliament. The Constitution confers executive power on the Governor-General, representing the Queen, and on ministers appointed by the Governor-General. The ministers, their leader being the Prime Minister, form the Executive Council, a body that meets with the Governor-General and gives advice on the exercise of executive power. Hope that helps.

Yeah, I know that... ;) But the question:

In the Constitution, the executive power is vested in the Queen. Does this mean that the Queen makes decisions about what laws should be passed? Explain.

Came up at the start of the chapter. That is, executive power was not discussed in the section the questions were testing our knowledge on. But I think the wording of the question was a bit unclear. I think it's asking whether the definition of 'executive power' is the Queen's ability to make decisions about what laws should be passed.

Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on February 05, 2011, 10:45:56 pm
I find that question really odd. The statement and the actual question don't seem right together! :/
To me, they are talking about different concepts, its a strange question. Especially because you said that the book hasn't discussed executive power yet...
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on February 05, 2011, 10:48:52 pm
I find that question really odd. The statement and the actual question don't seem right together! :/
To me, they are talking about different concepts, its a strange question. Especially because you said that the book hasn't discussed executive power yet...

Yeah.. exactly. ;D I've already skipped the question, so thanks for all your help everyone!
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 07, 2011, 01:13:54 am
Help pleaseee :)

"Explain how the role and structure of the Senate provides for responsible Government" [4 marks]

"The Australian Parliamentary system consists of a number of checks and balances. The most important of these is the separation of powers." Do you agree? Justify your decision. [8 marks] (btw, can someone please tell me how to go about with these higher mark questions?)

thank you so much in advance :D
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 07, 2011, 06:28:52 pm
As for your second question, read this. The first 3 posts on that page relate to your question; I asked that exact same question a while ago! chrisjb helped me out there. It's not a complete answer, just a way of tackling the question.

Help pleaseee :)

"Explain how the role and structure of the Senate provides for responsible Government" [4 marks]

I would say something along the lines of; the Senate provides for a Responsible government, as its' main role is to review legislation to improve Bills with amendments or to defeat unwise legislation. In this way, it ensures that any bill passed by the government (Government bill)/House of Representatives is appropriate/responsible. The structure of the Senate also provides for a Responsible government as it represents the interest of the states - equal representation; 12 from each state, and 2 from each territory. If citizens are not satisfied with the role of some senators, they won't be re-elected.

It's by no means the greatest answer, just my shot at answering the question. It's a different question. I'm not really sure how to relate the structure of the Senate to Responsible government though. =[ Someone else can probably give a better answer than me.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on February 07, 2011, 07:39:36 pm
You've sort of touched on it EPL. The Senate's primary role is to review, amend or reject legislative bills that have been passed by the lower house. In this way, senators are able to draw out any inconsistencies or discrepancies and bring these matters to the forefront of the public's minds. Thus, the Senate ensures that members of parliament/HOR are responsible and accountable for their own actions and the decisions of their government department. The Senate has equal representation, as EPL said, and so each state and territory is held accountable and answerable to the community for their actions.

This line:

Quote
The structure of the Senate also provides for a Responsible government as it represents the interest of the states - equal representation; 12 from each state, and 2 from each territory.

Doesn't really relate to responsible government.. it is more so representative government you're talking about.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 07, 2011, 07:50:20 pm
Ohhh thanks guys! :D
Title: Re: VCE Legal Studies Question Thread
Post by: schnappy on February 07, 2011, 08:01:02 pm
It also acts as a tool for political parties to riggle their way into power *cough*greens*cough*.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 08, 2011, 08:42:01 pm
Please help :):)

The Victorian Law Reform commission recommended that abortion should be removed as an offence under the 'Crimes Act 1958' when performed by a qualified medical practitioner. Describe the process that would be used by parliament to change the law.

[Is that the whole reviewing and debating of the legislation to bring about a change in it? I'm confused :/]

btw, thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on February 08, 2011, 09:17:47 pm
I assume they're asking for you to outline the legislative process with regard to the passing of an Amending Act. Odd question though.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 08, 2011, 09:52:09 pm
LOL tell me about it :/ But thanks anyway :)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 08, 2011, 10:38:31 pm
Please help :):)

The Victorian Law Reform commission recommended that abortion should be removed as an offence under the 'Crimes Act 1958' when performed by a qualified medical practitioner. Describe the process that would be used by parliament to change the law.

[Is that the whole reviewing and debating of the legislation to bring about a change in it? I'm confused :/]

btw, thanks!

In essence, yes. For a bill/legislation to be made law, it must be passed by both houses of parliament (House of Representatives/Senate or Legislative Assembly/Legislative Council). Then, it must be given royal assent by the Queen's representative (Governor-General/Governor) and then proclamation. It depends whether the question is asking the process at the federal or state level; I tend to think it's the state parliament, since it mentions the VLRC. You may need to talk about the finer details as well; First reading, Second reading, Consideration-in-detail/Committee of the Whole, Third reading and so on.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 08, 2011, 11:08:52 pm
ooooh okaayyy :) thanks!!
Title: Re: VCE Legal Studies Question Thread
Post by: martinjm on February 11, 2011, 07:05:04 pm
Hi,

Is recklessly causing injury criminal or civil. I think it's criminal but why?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 11, 2011, 07:13:19 pm
Criminal. It's an offence which harms an individual's well-being/safety - it's a breach of criminal law. It's an indictable offence. Read this or this for more information.

Quote
Section 18. Crimes Act 1958 - Causing injury recklessly

A person who, without lawful excuse, intentionally or recklessly causes injury to another person is guilty of an indictable offence.
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on February 11, 2011, 08:47:26 pm
Hi,

Is recklessly causing injury criminal or civil. I think it's criminal but why?
I'm pretty sure you could turn it into a civil case as well. If the plaintiff had time off work or wanted thier medical expenses paid, they could seek compensation from the defendent.

... But, if you are looking at just the act of the injury being caused and nothing further than that, it would be criminal.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on February 11, 2011, 08:58:18 pm
You could turn someone being killed on purpose into a civil case too. The guardian/s may seek compensation for Psychologists fees. :P
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 11, 2011, 09:13:58 pm
Please help :):)

You are upset about a recent proposed change in the law. What do you think will be the most
effective way to let parliament know your views? Justify your decision.


[For this sort of question where you have to put out your own opinion, can answers vary to a great extent? I thought maybe petitions would be the most effective because they were the least disruptive, but then I realised parliament doesn't ALWAYS bring forward all petitions :/]

what do you guys think??
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on February 11, 2011, 09:23:09 pm
Answers could definitely vary for this question.
Petitions is a good answer, you could add in to your answer ; as long as there are a lot of signitures showing support for the change in the law, the petition should be successful .
You could really choose any method to change the law for this question as long as you are able to justify your answer.
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on February 11, 2011, 09:24:37 pm
Please help :):)

You are upset about a recent proposed change in the law. What do you think will be the most
effective way to let parliament know your views? Justify your decision.


[For this sort of question where you have to put out your own opinion, can answers vary to a great extent? I thought maybe petitions would be the most effective because they were the least disruptive, but then I realised parliament doesn't ALWAYS bring forward all petitions :/]

what do you guys think??
My initial reaction would be a petition but for a different reason to you....
The weighting of petitions in parliament increases as the amount of signatures increases. So if you were to get a couple hundred thousand (dont know how hard this would be) signatures to show support you may initiate a change in the law...

You could also potentially argue the use of media. If you were that upset and it effected you badly you could go on ACA or Today Tonight and have a sook and then other sooks would join your cause.This works because television programs often overdramatise issues to gather more viewers which in this case would work


I think with this question as long as you can justify the method as being the most effective you will get the marks.
Answers for this could vary greatly as each person may see a method of changing the law differently... but justify your decision and you'll be right
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 11, 2011, 09:25:22 pm
As you said, I think answers can vary to a great extent. It doesn't matter which "way" you write down as long as you can justify it to be awarded full marks. I tend to write demonstrations, or lobbying a member of parliament. Petitions are really only effective, if there are many signatures. In short, what ech_93 and andy456 said.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 11, 2011, 10:06:41 pm
Oooh okayy thanks so much :)
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on February 13, 2011, 12:20:19 am
I think this thread is relevant enough.

I want to start practicing actual exam questions, wondering which parts of the exam AoS1 is covered mostly?
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 13, 2011, 12:53:46 pm
I think this thread is relevant enough.

I want to start practicing actual exam questions, wondering which parts of the exam AoS1 is covered mostly?

It's important to have a good understanding of everything in AOS1 however I realised from looking through past exams that 'reasons why laws need to change', 'principles of parliamentary system', 'vlrc' and 'strengths and weaknesses of parliament as a law making body' are usually present.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 13, 2011, 01:44:28 pm
In addition to what Zafaraaaa said, you can get questions from AOS 1 relating to;

- Structure of Commonwealth and Victorian Parliaments (which can be categorised under "Principles of Parliamentary system")
- Influencing Change; Formal and Informal Processes - Methods used to influence change
- Drafting legislation - Problems in drafting legislation
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 14, 2011, 09:01:05 pm
Where's everyone up to in school? o.0

We're up to the VLRC; we've been going pretty slow lately - even had time to watch some Legal Studies-related videos in class. I've got a practice SAC next Monday; then the following Monday, I've got the actual SAC! I suppose I'll be the first one (as well as cltf) to post my SAC result (%) in the other thread.  =]
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on February 14, 2011, 09:03:06 pm
Oh what?! Our first SAC is being broken up into two parts - the first part is on Chapter 1 of the J&O textbook. We've only finished the first chapter as of yet.. so you're class seems to be ahead, since you're already on VLRC. First part of the SAC is tomorrow.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 14, 2011, 09:07:55 pm
Oh what?! Our first SAC is being broken up into two parts - the first part is on Chapter 1 of the J&O textbook. We've only finished the first chapter as of yet.. so you're class seems to be ahead, since you're already on VLRC. First part of the SAC is tomorrow.

Interesting. Depends on the textbook; I think in J&O, Chapter 1 is the Parliamentary system. Good luck for tomorrow then; you probably won't need it though. Can't be too hard.  =]

EDIT: 1800th post.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on February 14, 2011, 10:06:40 pm
We're up to same point Werdna is.

Good luck for your SAC tomorrow man :)
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on February 14, 2011, 10:20:56 pm
How are you guys finding your teachers, and what are you up to? We haven't finished the first chapter yet (we use the purple book, Justice and outcomes i think), should i start going ahead?

Teacher is kinda useless, not that she doesn't know her stuff, or is lazy, but compared to my year 11 one (who is teaching the other yr.12 class) she's nothing..
The way my yr 11 teacher made us take down notes was so effective..
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 14, 2011, 10:33:50 pm
I got the same teacher as I had last year; he's good. Explains things well and cracks the odd good joke. Can't you swap Legal Studies classes? We've got two Legal Studies 3/4 classes, taken by one teacher. At my school, students can request to change classes if need be - some swap classes because of the teacher. If your teacher "doesn't know her stuff", then you should go ahead; I don't see anything wrong with that.  =]
Title: Re: VCE Legal Studies Question Thread
Post by: LeahT on February 15, 2011, 11:27:06 am
Liking the class so far - I have a good teacher who seems to know her stuff. We just finished seperation of powers yesterday, not sure what we're doing next. We're splitting the first SAC in two, and doing the first half in the week of the 28th. So far I'm finding it really easy, kind of hoping for a challenge soon.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on February 15, 2011, 04:06:37 pm
I got the same teacher as I had last year; he's good. Explains things well and cracks the odd good joke. Can't you swap Legal Studies classes? We've got two Legal Studies 3/4 classes, taken by one teacher. At my school, students can request to change classes if need be - some swap classes because of the teacher. If your teacher "doesn't know her stuff", then you should go ahead; I don't see anything wrong with that.  =]
Yea, I was actually strongly considering it, as I wanted to change 3 of my classes,and thought - hey this could really work out.
But after examining other people's timetables, i will be sacrificing two good teachers (english and methods - can cope without methods teacher, but NOT english!)
So i guess i'll self-learn and copy notes from the people in the other class...
Sad story though
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 15, 2011, 04:46:52 pm
We've just finished the legislative process of a bill through parliament. So aos1 is finished, and gonna have a "practice sac" next week so teacher can see how we write our answers and yeaah. Don't know when the real sac is though :|
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on February 15, 2011, 07:35:11 pm
Hi,

Any recent proposed law you guys can give information on? I need to research a proposed change in the law and discuss its reasons for change. I also have to research a group and the role it plays in pushing for that change.

Thanks in advance
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 15, 2011, 07:49:58 pm
The change to legalise choosing the sex of your next child? Refer to this. "The couple are so desperate to have a girl, that they terminated having twin boys". Their case is being heard in VCAT soon. "According to Victoria's Assisted Reproductive Treatment Act 2008, sex selection is banned unless it is necessary for the child to be of a particular sex to avoid inheriting a genetic abnormality or genetic disease." - The couple are trying to change that law. Hope this helps.  =]
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 17, 2011, 03:50:28 pm
Pleasee help :)

"Is the Crown just a figurehead in the Australian Parliamentary system or does it really serve a purpose? Provide two arguments to support your opinion."        [3 marks]
(Do we just mention the importance of royal assent and the other functions the GG carries out? or something else?)

"What factors limit the capacity of parliaments to change the law?"               [5 marks]
(For this, I was a little confused; do we mention the actual factors - such as time limits or lack of Govt.support/ or do we talk about weaknesses of parliament as a lawmaker? and because it's a 5 mark question, do we have to mention ALL factors, or just a few? :/)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 17, 2011, 05:51:57 pm
"What factors limit the capacity of parliaments to change the law?"               [5 marks]
(For this, I was a little confused; do we mention the actual factors - such as time limits or lack of Govt.support/ or do we talk about weaknesses of parliament as a lawmaker? and because it's a 5 mark question, do we have to mention ALL factors, or just a few? :/)

For this question, I assume you would just mention the actual factors; such as time constraints, the need for government support, desire to change the law, costs associated with changing the law and so on. Though it's a 5-mark question, I don't think you would need to actually list 5 factors; rather, just explain a little more detail about each factor (i.e. use 3 or 4 factors and then go into a bit more detail about each one). That should suffice I would think.

As for your first question; as you said I would mention other roles which the Governor-General plays. First and foremost, mention royal assent as well as talking about how the Governor-General can dissolve parliament and bring an election about; he/she can also end a session of parliament (with dissolution) and so on. Since it's a 3-mark question, I would list 3 functions/roles of the Governor-General.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 17, 2011, 06:18:20 pm
Thanks!! :):)
Title: Re: VCE Legal Studies Question Thread
Post by: LeahT on February 18, 2011, 09:40:16 am
Pleasee help :)

"Is the Crown just a figurehead in the Australian Parliamentary system or does it really serve a purpose? Provide two arguments to support your opinion."        [3 marks]
(Do we just mention the importance of royal assent and the other functions the GG carries out? or something else?)

"What factors limit the capacity of parliaments to change the law?"               [5 marks]
(For this, I was a little confused; do we mention the actual factors - such as time limits or lack of Govt.support/ or do we talk about weaknesses of parliament as a lawmaker? and because it's a 5 mark question, do we have to mention ALL factors, or just a few? :/)

Another major factor I wouldn't fail to mention for the second question would be the actual make-up of the parliament. Who has the majority, if it's a minority government, a hostile senate, etc.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 18, 2011, 09:14:26 pm
Can someone clarify for me; we don't need to know about "problems in drafting legislation" for the first SAC? I've got a practice SAC on Monday and I'm not really sure whether to go over it or not. It doesn't mention it in the study design for "Outcome 1" anyhow. Can I assume I don't need to know it? Worth going over?  =\
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on February 18, 2011, 09:34:48 pm
because your sac is only a practice one dont get stressed if you skip it and its on there... Just ask your teacher afterwards and im sure theyd tell you... But i advise you learn it anyway its not hard..... It would come up in the weakness of parliament as a law maker i think.... You could say that delays can be caused through problems in drafting the bill.... This would just include misinterpretations byy the draftsman or the mp not explaining an area adequately.... This stuff even though not directly on the study design is implied though so dont stick with the mentality of if its not on the list forget it.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on February 22, 2011, 11:21:38 pm
The role of the governor general are as follows:
● to grant royal assent to legislation
to appoint the times for the holding of parliament
● to bring to an end a session of parliament without dissolution (to prorogue the parliament)
● prorogue the parliament (discontinue sessions of parliament until the next
session)
●dissolve parliament and call an election. This can occur when the Upper House
twice refuses to pass a Bill. When the dissolution takes place, all members of
both houses are no longer considered serving members and if they wish to
continue serving as a member, must stand for re-election on a nominated date.

What is a session of parliament? (This is a basic question i know, but I need to know 100% with no doubts.) How does the governor-general discontinue this session? If it is what I believe it is, aren't there sessions of parliament on a weekly/monthly basis? How would the G-G go about discontinuing a session if he wanted to?

To 'dissolve parliament' means to dissolve both houses. Thus the members of parliament are no longer considered members, and must be re-elected in - correct?
Can the G-G dissolve just one house (i.e. either lower or upper) or does it have to be two?


Edit: Here is what i've made of chapter 2 notes so far (that's the chapter after revision chapter) Think it's too comprehensive?
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on February 23, 2011, 08:11:25 am
My interpretation was that a session of parliament was when they sit down and debate and stuff like that, so yeah on a monthlyish basis. That means that the GG appoints the times for the sittings and he is able to end the sitting when he chooses.

I think the GG can only dissolve PARLIAMENT (ie. everybody)

\
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on February 27, 2011, 03:51:42 pm
I've got a question, just a curious one

Quentin Bryce is supposed to be the last Governor General right? What happens when she's gone? Is it that the Govt are hoping to transition into a Republic? or is there going to be a new way to provide royal assent?

Where did you hear that she is supposed to be the last Governor General?
Title: Re: VCE Legal Studies Question Thread
Post by: MJRomeo81 on February 27, 2011, 05:33:57 pm
I've got a question, just a curious one

Quentin Bryce is supposed to be the last Governor General right? What happens when she's gone? Is it that the Govt are hoping to transition into a Republic? or is there going to be a new way to provide royal assent?

Supposed to be the last one??? Absolutely not. There is no way Australia will become a Republic in the near future.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 02, 2011, 08:58:16 pm
What country are people doing to compare against Australia; in relation to "the approach adopted for the constitutional protection of democratic and human rights"? I'm doing Canada. We didn't really get a choice though.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on March 02, 2011, 09:57:57 pm
Yea Canada here, although we are still a few weeks from starting that
Title: Re: VCE Legal Studies Question Thread
Post by: Hellhole on March 03, 2011, 02:56:14 am
What country are people doing to compare against Australia; in relation to "the approach adopted for the constitutional protection of democratic and human rights"? I'm doing Canada. We didn't really get a choice though.

I did New Zealand last year. I'm not sure why you didn't get much of a choice, considering there's a bunch of them to choose from. From what I remember, it was a pain to do.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on March 04, 2011, 03:53:32 pm
Got asked in the 2nd part of SAC1 based on the first reading. I said the Clerk reads out the bill plus the bill is distributed to the members of parliament as well as the public (via their website). Didn't say it occurs in both the upper & lower house, which I may lose a mark there for. Hopefully an A+ is still on the cards.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 06, 2011, 11:13:57 am
Quick question;

I'd be right in saying that express rights are entrenched in the Constitution, while implied rights are not entrenched?

Cheers if anyone could help!  =]
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on March 06, 2011, 11:26:35 am
Quick question;

I'd be right in saying that express rights are entrenched in the Constitution, while implied rights are not entrenched?

Cheers if anyone could help!  =]


Yes that's right.

These are from my own notes:

Implied Rights
Not explicitly written but have been found by the high court  to have been suggested or intended in the constitution. Implied rights have given  the right to freedom of political communication.

(I think the right to vote may also be an implied right? The constitution says something about parliament being chosen by the people and therefore we have the right to vote).
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 07, 2011, 02:24:33 pm
Hey, here is my SAC - really easy i know.

I've included my answers, so could anyone assess whether i answered the question to obtain full marks, and whether if for any questions i had answered excessively?

Thanks.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 07, 2011, 05:30:34 pm
In my opinion, your answer to Question 5 was a bit long for a 2-mark question. The lines given for a question suggests how long your answer should be - generally speaking. The content is fine though; as was the rest of your SAC. :)

When do you get your second part of the SAC back? I can update the other thread... I'm getting my SAC back tomorrow, I believe.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on March 07, 2011, 06:26:05 pm
Haha, some interesting expression of the english language on your SAC but the content is quite good. :D

I'm getting my second part of SAC1 back Wednesday, teacher said it was a fair bit harder than last and the few that she has marked have not been great. Seeking an A/A+ still though.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 07, 2011, 06:28:14 pm
Haha, some interesting expression of the english language on your SAC but the content is quite good. :D

I'm getting my second part of SAC1 back Wednesday, teacher said it was a fair bit harder than last and the few that she has marked have not been great. Seeking an A/A+ still though.
lol, what is that supposed to mean?
Title: Re: VCE Legal Studies Question Thread
Post by: gs on March 07, 2011, 06:29:13 pm
*cough* hand writing *cough* ;)
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 07, 2011, 06:30:36 pm
*cough* hand writing *cough* ;)
it's that bad?
-In my defense, I had a pretty bad cold that day, and this caused me to be a bit sleepy during the SAC, hence the writing not being straight.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on March 07, 2011, 06:35:23 pm
I don't know why, but when I looked at your handwriting, I thought you were a guy.. :S
Title: Re: VCE Legal Studies Question Thread
Post by: gs on March 07, 2011, 06:45:57 pm
It's nothing special to be completely honest. Can read it though...slightly.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 07, 2011, 07:12:25 pm
Questions:
1. "Explain the two alternative approaches to the commitee stage in the Legislative Council."

2. "The Hansard reports do not show any Committee discussion.  Suggest why this is so.(2 marks) 

3. "Proclamation could be seen to be important in officially notifying the public of a change in the law.  To what extent does it do this?  How do the public generally find out about changes in the law?"  (2 marks)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 07, 2011, 07:52:51 pm
I'm not really sure about the first two questions, but I think for Question 3; new laws/changes in the law are announced in the Government Gazette - this. Obviously, changes in the law will also receive media attention which is a way which the public may find out as well.
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on March 07, 2011, 08:16:10 pm
With 2 I'm going to assume it's due to something like the content discussed within the committee is preferably not released to the public, hmm gonna have to step up for my SAC
Title: Re: VCE Legal Studies Question Thread
Post by: schnappy on March 07, 2011, 08:25:08 pm
Hansard is a transcript of parliamentery proceedings, not that of private committees? I haven't read into the book that far yet so take that with a grain of salt, just an educated guess.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on March 07, 2011, 09:09:38 pm
I think I got asked question 2 last year; I answered it by saying that there was no committee discussion detailed in Hansard because there was none; the bill was passed relatively unopposed and no discussion/amendments were required.
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on March 09, 2011, 10:19:53 pm
If describing the structure of parliament i.e. vic parliament would it be imperative to include a description of the role the components of each structure? If so would the description be brief?
 
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on March 09, 2011, 10:22:19 pm
When asked "describe/outline the structure of the Victorian/Commonwealth Parliament", all you need to do is outline the number of seats of both houses, where the seats come from (eg in the Senate, 6 from each state plus two from ACT and NT), what they are called and whether they are the upper or lower of the two houses, and mention the Governor/Governor-general. I also used to put in the number of years each member served in each house as well.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 09, 2011, 11:24:06 pm
just for anyone curious about the questions i asked:
Flash36's answers:
Quote
Oh yep.

Well first, the Committee Stage if the stage where the House becomes a Committee and bills are debated/discussed clause by clause, and amendments are voted on etc etc. Now this only needs to occur if there are differing views on the bill in the House.

For example, if a bill is introduced by the Government of the day to lower speed limits in school zones to 35km/h, and everyone in the House agrees and is happy to pass the bill, then obviously there isn't a need for the in-depth discussion in the Committee Stage - hence this stage is skipped. If it is skipped, the obviously such discussions wouldn't appear in the Hansard report, as they never happened.

Quote
Yeah proclamation is the process of the bill being printed in the Government Gazette. This is obviously important because it makes the law 'official' to a large extent. However as you say, no one reads the Gazette. So people generally find out about changes in the law through the media, their own research, or through Hansard.

thanks flash
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on March 09, 2011, 11:27:32 pm
just for anyone curious about the questions i asked:
Flash36's answers:
Quote
Oh yep.

Well first, the Committee Stage if the stage where the House becomes a Committee and bills are debated/discussed clause by clause, and amendments are voted on etc etc. Now this only needs to occur if there are differing views on the bill in the House.

For example, if a bill is introduced by the Government of the day to lower speed limits in school zones to 35km/h, and everyone in the House agrees and is happy to pass the bill, then obviously there isn't a need for the in-depth discussion in the Committee Stage - hence this stage is skipped. If it is skipped, the obviously such discussions wouldn't appear in the Hansard report, as they never happened.

Quote
Yeah proclamation is the process of the bill being printed in the Government Gazette. This is obviously important because it makes the law 'official' to a large extent. However as you say, no one reads the Gazette. So people generally find out about changes in the law through the media, their own research, or through Hansard.

thanks flash

Not a problem!
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on March 10, 2011, 02:09:03 pm
Question: do the two houses & crown of vic parliament & commonwealth parliament both serve the same function in law making? E.g upper house of vic and commonwealth both act as a house of review, and states house; the lower house of both federal and state level do the same stuff etc.
This is for the aos1 sac notes.. so yeah any input would be appreciated
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on March 10, 2011, 02:22:11 pm
Question: do the two houses & crown of vic parliament & commonwealth parliament both serve the same function in law making? E.g upper house of vic and commonwealth both act as a house of review, and states house; the lower house of both federal and state level do the same stuff etc.
This is for the aos1 sac notes.. so yeah any input would be appreciated

Yes. However you need to say that the Senate represents the States whilst the Legislative Council represents the regions of Victoria.
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on March 10, 2011, 04:22:36 pm
One of my mates doing Legal 3+4 asked me this today and I couldn't think of much to answer it and was wondering what you guys thought:

How does the senate ensure that responsible government is upheld?

All I could come up with was that they can hault any hastily made/ irresponsible legislation and also that any government ministers residing in the senate would be subject to the ministerial accountability as their counterparts in the house of reps would be... But it seems a little weak, anyone else able to answer this better?
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on March 10, 2011, 04:32:58 pm
Ministerial accountability is the main point you'd need to make I think. It also ensures ministers are made accountable to their states also, not just their electorate or their party.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 10, 2011, 07:13:53 pm
One of my mates doing Legal 3+4 asked me this today and I couldn't think of much to answer it and was wondering what you guys thought:

How does the senate ensure that responsible government is upheld?

All I could come up with was that they can hault any hastily made/ irresponsible legislation and also that any government ministers residing in the senate would be subject to the ministerial accountability as their counterparts in the house of reps would be... But it seems a little weak, anyone else able to answer this better?
You're pretty much correct in saying that.
It acts as a house of review for legislation that has been passed in the lower house. It scrutinises and debates and amends or rejects legislation that has been initiated by the government. In doing so it upholds a system of checks and balances (which further leads into the seperation of powers).
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on March 10, 2011, 11:23:28 pm
One of my mates doing Legal 3+4 asked me this today and I couldn't think of much to answer it and was wondering what you guys thought:

How does the senate ensure that responsible government is upheld?

All I could come up with was that they can hault any hastily made/ irresponsible legislation and also that any government ministers residing in the senate would be subject to the ministerial accountability as their counterparts in the house of reps would be... But it seems a little weak, anyone else able to answer this better?
You're pretty much correct in saying that.
It acts as a house of review for legislation that has been passed in the lower house. It scrutinises and debates and amends or rejects legislation that has been initiated by the government. In doing so it upholds a system of checks and balances (which further leads into the seperation of powers).
Ministerial accountability is the main point you'd need to make I think. It also ensures ministers are made accountable to their states also, not just their electorate or their party.
Thanks for the help guys. I'll pass that all on. It seemed a realy strange question to me to specify the senate like that... Anyway, good luck to you both.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on March 12, 2011, 12:08:48 pm
Hey Chris, what SAC ranking did you get @ your school to get the 43?
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on March 12, 2011, 02:41:42 pm
When covering the role of the VLRC in the study design, should I include the PROCESS of the VLRC is suggestion law-reform? Is the role enough for the study design? And a current example of course.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on March 12, 2011, 05:22:20 pm
When covering the role of the VLRC in the study design, should I include the PROCESS of the VLRC is suggestion law-reform? Is the role enough for the study design? And a current example of course.

Include the process.
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on March 12, 2011, 05:52:38 pm
Hey Chris, what SAC ranking did you get @ your school to get the 43?
No idea, school doesn't let us know our rank. I know my U3 score was 99/100 and U4 was 98/100 and in terms of study scores I was ranked about 7th (quite a strong cohort &two classes- but my class got all but 1 of the 40+s if I remember correctly). I would guess that my sac rank was about 4th but I don't know for sure.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on March 12, 2011, 08:46:27 pm
Alrighty cheers Chris.
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on March 14, 2011, 02:02:50 pm
Can someone list and explain formal pressures to change law besides the VLRC?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 14, 2011, 05:53:02 pm
The study design changed so that students only need to know one formal pressure for change/law reform body; the VLRC.
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on March 14, 2011, 07:06:58 pm
^ Sigh of relief. But in the A+ book it lists formal pressures as internal parliamentary bodies such as Cabinet, parliamentary counsels, etc. I don't need to know this?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 14, 2011, 07:10:32 pm
I wouldn't think so, I certainly haven't learnt any other formal pressures for change besides the VLRC... the best bet would be to ask your teacher for clarification.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on March 14, 2011, 10:23:17 pm
I would say it doesn't hurt to know what the cabinet, parliamentary counsel's basic roles are:
i.e. cabinet decides gov. policy and gauges society's trends and needs in order to initiate appropriate legislative change.
i.e. parliamentary counsel are people with legal expertise who draft the bill

but besides this, as EPL said, just concentrate on VLRC.
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on March 14, 2011, 10:51:56 pm
It used to be that you had the choice between quite a few such as the VLRC, Royal Commissions ALRF. But the new study design does actually specify that you must learn the VLRC.

Quote

Key knowledge
This knowledge includes:
• principles of the Australian parliamentary system: representative government, responsible
government, and the separation of powers
• the structure of the Victorian Parliament and the Commonwealth Parliament and the roles played
by the Crown and the Houses of Parliament in law-making
• the reasons why laws may need to change
• the role of the Victorian Law Reform Commission
• the means by which individuals and groups influence legislative change, including petitions,
demonstrations and use of the media
• the legislative process for the progress of a bill through parliament
• strengths and weaknesses of parliament as a law-making body
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on March 14, 2011, 11:04:37 pm
Could someone help me with this question please
'The legislative process provides an effective means to bring about a change in the law'
Present two arguments to support this.
What could I include? Could I include parliament being an arena for debate (thoroughly argued by all ministers representing the interests of all people)? This sounds like a really dodgy question, any ideas? :S
Title: Re: VCE Legal Studies Question Thread
Post by: LeahT on March 15, 2011, 01:35:50 pm
Could someone help me with this question please
'The legislative process provides an effective means to bring about a change in the law'
Present two arguments to support this.
What could I include? Could I include parliament being an arena for debate (thoroughly argued by all ministers representing the interests of all people)? This sounds like a really dodgy question, any ideas? :S

1) The legislative process of parliament allows for a thorough review and investigation into proposed laws (bills). The Senate and Legislative Council are both houses of review, meaning that they have councels of people designed specifically to make educated ammendments and decisions in regard to proposed bills. Whilst this can slow down the process of creating bills when done effectively, it means that new laws are well researched and effective, as they have to be passed by both the upper and lower houses before they become legislature.

2) The three readings of the proposed bill allows for effective process of changing the law, as the bill is comprehensively discussed and debated by all members of parliament. Members must explain their choices and answer questions posed to them, and the the discussion in these debates can result in changes that improve the bill.


I honestly don't know if that's right, but it's the first thing that comes to mind when I read the question. If anyone wants to check that, I'd much appreciate it :)
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on March 15, 2011, 05:28:18 pm
That sounds about right. I honestly can't think of anything else to support that question. It's rather dodgy, usually the process of law through parliament is kept separate from law reform. Weird question to say the least.
Thanks though [:
Title: Re: VCE Legal Studies Question Thread
Post by: schnappy on March 19, 2011, 12:46:17 am
I would say it doesn't hurt to know what the cabinet, parliamentary counsel's basic roles are:
i.e. cabinet decides gov. policy and gauges society's trends and needs in order to initiate appropriate legislative change.
i.e. parliamentary counsel are people with legal expertise who draft the bill

but besides this, as EPL said, just concentrate on VLRC.

From what I've seen in passed exams and the study design, they're pretty bad at the way they word things so I think you can really argue just about anything as long as you have two feet to stand on. The 2008 exam asked to explain the principle of seperation of powers - it didn't say how it is applied in the Australian legislature so I would see that as a political question... but no, they wanted you to regurgitate the 3 branches of the state. Formal pressure can also come from professional lobbyists, but really the VLRC is the only thing you can go with as per the study design.
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on March 19, 2011, 09:38:46 pm
Okay, question, sorta moreso directed at EPL because he's more likely to have done the question, but any one else feel free to answer.

4 mark question,
"The ideology behind the Doctrine of Separation of Powers is to protect institutions from outside influence. How is this achieved?"

Without looking at my textbook, I can get "checks and balances", but i'm not sure if outside influence means the OTHER arms of power, or something else
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 19, 2011, 10:02:01 pm
I asked this exact question a while back and chrisjb gave me the answer. You would need to explain the three functions in the legal system (i.e. legislative, executive and judicial). That would get you 2 or 3 out of the 4 marks. Talk about how the doctrine prevents any abuse of power as no one authority has absolute power and hence, provides for checks and balances. Additionally, I would also mention the role of judges - that they act impartially; as they have 5-year terms, ensuring that they are not pressured by any outside influences (i.e. parliament etc). This relates back to the doctrine - judicial function.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 19, 2011, 11:36:54 pm
I have a SAC coming up so was wodering if anyone would like to take a shot at answering these questions:
q1. to what extent do you think is law making through parliament an effective method of law-making. ( 8 marks)
How exactly would you go about answering this question, and what word-length are we looking at? I'd generally talk about the weakness/limitations of parliament and then the strengths. Then evaluate overall which one is stronger? What really gets me is the "to what extent" part.. how do you answer that bit?

This next question is crucial, the teacher said it would practically be on the SAC (but a permutation i guess)
q2. "Laws need to change for many reasons. Sometimes parliament fails to respond adequately". Discuss this comment. In your discussion explain how individuals, groups and one law reform body attempt to influence a change in the law. (10 marks)
 So the law reform would be the VLRC. What recent example could be used for this? Individuals ---> Petitions/demonstrations ? I think letters would be a pretty crap example.
Personal Question: What does it mean that "parliament fails to respond adequately" ?


q3. 'Parliament is a very effective law-maker. There is no signficant weakness in the way parliament carries out this role.' Discuss this statement and indicate the extent to which you agree or disagree with it. Juistify your conclusions. (10 marks)
Again, with the 'extent'.. How do i justify conclusions, case examples? Should i bring in representative/responsible government, or is that completely irrelevant to parliament?

q4. What is the purpose of the Second Reading Speech in the progress of a Bill through Parliament? Outline two further steps that must be taken for the Bill to become a law. (6 marks).
Purpose, pretty easy.. To introduce the bill, debate on, talk about compliance with charter of human rights etc. Two further steps 'royal assent' (although i am positive if this question came up, they would say "With the exception of royal assent" so what other two?

thanks


Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on March 20, 2011, 12:30:41 am
q1) "to what extent?" just state the extent in which you think, not really an objective answer, but you do need to explain why, and the comes in the content of your answer.
- strengths and weaknesses of course (perhaps examples)

q2) Well, it means that occasionally, parliament doesn't respond properly to laws that need to change. You could dispute that gay marriage is a law that needs changing, but yeah.
Really just state the methods of changing a law and how effective they can be in changing the law

q3) see q1

q4) consideration in detail stage and third reading?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 20, 2011, 09:11:46 am
1) When the question states "to what extent" you can partially agree or disagree with the statement. I would approach this question by saying something along the lines of "Parliament overall is an effective law-maker as it can make laws whenever the need arises, it has the resources to do so (time and money) and is a democratically-elected body. However, there are weaknesses to Parliament as a law-maker, this includes; MPs may vote on party lines, it's a lengthy process through parliament, and it can't supervise all delegated legislation." Generally give an "introduction paragraph" discussing whether you agree/disagree with the statement/question; then go on to talk about the strengths and weakness of parliament. Since it's an 8-mark question, I would list 4 strengths and weaknesses of parliament.

2) This question was on the VCAA '09 exam. You can look at the suggested answer on their website.

3) Again, I would give an "introduction paragraph". Then, I would list 4 or 5 strengths and weaknesses of parliament. I wouldn't mention representative/responsible government.

4) What Tobias Funke said. Also, it depends if the Second Reading Speech is in the Victorian or Federal Parliament. You don't need to mention the "Statement of Compatibility" if it's in Federal Parliament.
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on March 20, 2011, 07:27:46 pm
Hey guys what is sovereignty of parliament?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 20, 2011, 07:33:18 pm
Read this or this as well.

Quote
Parliamentary Sovereignty (also called the sovereignty of parliament, parliamentary supremacy, or legislative supremacy) is a concept in the constitutional law of some parliamentary democracies. Under parliamentary sovereignty, a legislative body has absolute sovereignty, meaning it is supreme to all other government institutions (including any executive or judicial bodies as they may exist).
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on March 20, 2011, 08:29:43 pm
Can someone help?
Parliaments can make laws in three ways, make new laws, amend laws and repeal laws. Give an example of a situation where a need for each of the three circumstances may arise.  3 marks                                                                         
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 20, 2011, 08:48:35 pm
Can someone help?
Parliaments can make laws in three ways, make new laws, amend laws and repeal laws. Give an example of a situation where a need for each of the three circumstances may arise.  3 marks                                                                         

- Make new laws: Gaps in legislation/loop-holes, in which case Parliament may see the need to make new laws to cover it.
- Amend laws: Strong community backlash/protest against a certain law, then Parliament may amend the law to meet community values/needs.
- Repeal laws: Similar to "Amend laws", if it's not line with community values/attitudes; no one will follow the law. In which case, Parliament may repeal the law.

They're the things that came to my head when I read the question, I'm not entirely sure they're right... go with them if you will.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 20, 2011, 09:34:32 pm
damn..should have studied im screwed for the SAC tmrw. Thank god it's only out of 15. O_O
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 21, 2011, 06:45:08 pm
Would any past Legal Studies students have any notes on Canada; in comparison to Australia that they could upload? My textbook isn't the greatest...

damn..should have studied im screwed for the SAC tmrw. Thank god it's only out of 15. O_O

My next SAC is two weeks away; it's worth 50% of my Unit 3 SAC mark. Where's everyone up to? We just finished express/implied rights/structural protections and are moving onto "Protecting rights - comparative approaches". o.0
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on March 21, 2011, 06:47:15 pm
My next SAC is two weeks away; it's worth 50% of my Unit 3 SAC mark. Where's everyone up to? We just finished express/implied rights/structural protections and are moving onto "Protecting rights - comparative approaches". o.0

Our next SAC is worth 50% of Unit 3 as well. :P Finished 'referral of powers' today.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on March 21, 2011, 06:50:35 pm
Next Legal SAC is next Wed or Fri; hoping the latter as have got an English & Further SAC on the last week too.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on March 21, 2011, 06:51:32 pm
damn..should have studied im screwed for the SAC tmrw. Thank god it's only out of 15. O_O

How'd you go?
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on March 21, 2011, 10:52:09 pm
Would any past Legal Studies students have any notes on Canada; in comparison to Australia that they could upload? My textbook isn't the greatest...

damn..should have studied im screwed for the SAC tmrw. Thank god it's only out of 15. O_O

My next SAC is two weeks away; it's worth 50% of my Unit 3 SAC mark. Where's everyone up to? We just finished express/implied rights/structural protections and are moving onto "Protecting rights - comparative approaches". o.0

Try my notes mate, should be in the notes section of the site. :)
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 21, 2011, 11:06:37 pm
damn..should have studied im screwed for the SAC tmrw. Thank god it's only out of 15. O_O

How'd you go?
ugh, i think i lost 2 marks.
there was a question asking the process used by VLRC to investigate homicide.
I didn't think they'd specifically ask an area (despite reading my friend's email at 12am the day before lol), so i just looked up sexual offences, and memorise the acts and procedures used.. I tried making stuff up, hopefully that will be enough for marks, but i am not entirely sure.. I made up the "Crimes (Homicide) Act 2004" and put it down lol..
overalll, decent SAC, 7 hours of studying the day before was sufficient lol - but seriously, i am never doing that again
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on March 21, 2011, 11:44:08 pm
Please help :) I just need a few pointers for these questionss

Explain how the law making powers of the Commonwealth and state parliaments can be changed through a referendum. Support your answer with an example. [5 marks]

Explain why some laws are the same throughout Australia, while other laws vary from state to state.

thanks! =]
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on March 21, 2011, 11:48:24 pm
Referendums exist usually to bring about a change in the constitution, thus law making powers will change with the constitutional change

2) Division of powers, fairly straight forward that one
Exclusive Powers, Concurrent Powers and Residual Powers
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on March 21, 2011, 11:58:43 pm
Yeah, and just add in the referendum process; Cinstitution Alteration Bill, passed through parllament twice in 2 - 6 months, then a double majority must be achieved (majority in Australia in majority of states).
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on March 23, 2011, 04:46:41 pm
What are your examples of checks and respective balances?
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on March 23, 2011, 08:51:27 pm
"To what extent is drafting legislation an effective process"

This is one of two questions that have been troubling me a little, what defines an effective process? Is it the time it takes?

Yeah i thought it was a weird q.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on March 23, 2011, 08:59:36 pm
That would be efficient process. I would say its more about minimising errors and compatibility of the legislation. Doubt that'll be on it tomorrow.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 23, 2011, 09:05:31 pm
Well yeh, the time taken for a bill/legislation to be written up by the parliamentary counsel. You would just talk about the problems involved with drafting legislation. For example; time constraints, legal terms, possible interpretations, clear advice and so on. I don't think it's clearly stated on the study design that it will be tested for AOS 1.

Edited.
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on March 23, 2011, 09:17:31 pm
He's in my class

- So basically I could say it's not really an effective process because of yadda yadda?

The other question is

'Two strengths of parliament as a law-maker are that it makes laws which reflect the views of the community and can make laws whenever the need arises'
Critically examine these two strengths (6 marks)

Firstly, a clarification - does critically examine mean an in-depth analysis of both sides? or is there more to it?

Then, "laws which reflect the views of the community"
- Comment on how the people vote in the government - who introduces the majority of bills - to represent them and thus the policies introduced tend to be reflective of community values
- However, as the members of the party are more likely to vote along party lines as opposed to the views of the community, it can lack such qualities?

I hate 6 markers, the practice sac was about the senate being obstructionist
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on March 23, 2011, 09:21:08 pm
Probably good idea not to have a student's name on the boards.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 23, 2011, 09:27:18 pm
This is a question to previous legal studies students:
Did you keep any big changes in the law which were reported in the media (i.e. newspaper) in like a folder and make a collection throughout the year?
in fact, did you happen to do anything other than questions, practice exams and study guides in preparation?

Thanks.
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on March 23, 2011, 09:33:01 pm
Personally, I didn't keep anything like that. They say you are meant to pay attention to all of that kind of stuff in the news, but they have some fairly recent changes listed in the text book anyway, and thats all you really need. Although, we did look at some newspaper articles throughout the year in class, but none of that really helped.

And, na, I didn't do anything other than practice exams, etc. in preparation.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 23, 2011, 09:42:10 pm
He's in my class

- So basically I could say it's not really an effective process because of yadda yadda?

The other question is

'Two strengths of parliament as a law-maker are that it makes laws which reflect the views of the community and can make laws whenever the need arises'
Critically examine these two strengths (6 marks)

Firstly, a clarification - does critically examine mean an in-depth analysis of both sides? or is there more to it?

Then, "laws which reflect the views of the community"
- Comment on how the people vote in the government - who introduces the majority of bills - to represent them and thus the policies introduced tend to be reflective of community values
- However, as the members of the party are more likely to vote along party lines as opposed to the views of the community, it can lack such qualities?

"Critically examine" means you have to give the pros and cons of the statement in question. So in the question you gave, you would need to explain the strengths in a bit more detail and give a corresponding weakness to each strength. Yeh, what you've said is correct; MPs may vote on party lines which loses the original function of Parliament to represent the views of the people. For the second strength, a weakness to that would be parliament doesn't sit all the time; it only sits at certain periods throughout the year, so it may not pass many laws in a short space of time. I'm a bit confused as to what you're asking; hopefully that answers your query?
Title: Re: VCE Legal Studies Question Thread
Post by: schnappy on March 25, 2011, 03:56:18 pm
On a SAC, the first part of the question was 'Do you think Australia should keep a bicameral parliament?' I believed it to be more of a stimulus than a literal question... lost a mark. But I think it's complete frog shit. The Privacy Act 1984 explicitely protects an individuals political stance, why should I have to answer this question? I'm not kidding, being a legal studies teacher (Or perhaps VPAP who made the shitty SAC) they should know this and be aware of it. I've even been told to avoid politics in my answers...
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on March 25, 2011, 06:56:33 pm
My bet is that it was asking you to justify the existence of the Senate.
Title: Re: VCE Legal Studies Question Thread
Post by: schnappy on March 25, 2011, 07:20:27 pm
Which I did. I just didn't directly answer the question... same with another thing. I gave an objective response but I didn't give a direct answer to the question so I didn't get the mark...
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 26, 2011, 01:42:21 pm
How many successful referendums would we need to know for the exam/and or SACs?
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on March 26, 2011, 01:45:51 pm
1, although knowing a few more in not as much detail wouldn't hurt.
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on March 27, 2011, 01:28:02 am
You could probably get away with not knowing any successful referenda..... just know the stats (like 8/44 or something like that) and why its so damn hard to succeed. and then maybe some other useful info, like if the double majority wasnt needed a further 9 or something would have passed meaning double majority is a bitch..... just learn 1 or 2 anyway just so you can give detail as to why the ones that did pass passed..... like the aboriginal one had a 90.xx% yes vote which is massive and referendum usually pass after traumatic and substantial change...
Just learn a couple to be safe
Title: Re: VCE Legal Studies Question Thread
Post by: Abdulhai on March 27, 2011, 08:17:48 pm
I've got a question.
Do we have medicare because of the 1946 referendum?
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on March 27, 2011, 08:38:43 pm
I've got a question.
Do we have medicare because of the 1946 referendum?

Good question.. I'd say the 1946 Referendum definitely did have some kind of impact/influence, but whether or not it is a direct result of the referendum I'm not too sure.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 27, 2011, 09:24:07 pm
Here are my notes for AOS 2; I didn't include the comparison between countries, since people may be doing different countries. Though for those doing Canada, I've also attached notes for that. :)
Title: Re: VCE Legal Studies Question Thread
Post by: Hellhole on March 29, 2011, 02:05:47 pm
I've got a question.
Do we have medicare because of the 1946 referendum?

Good question.. I'd say the 1946 Referendum definitely did have some kind of impact/influence, but whether or not it is a direct result of the referendum I'm not too sure.

Considering the 29 year gap between the incorporation of Medibank and the Referendum, I'd say that it wasn't a direct result of it. Before that, the Australian health care system was mostly private. Medibank was the ultimate way of insuring coverage of "all" Australians were able to have access to health services (even though it was a government funded, private health care insurer), though I doubt it was a direct result of the referendum.
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on March 29, 2011, 10:09:32 pm
This is a question to previous legal studies students:
Did you keep any big changes in the law which were reported in the media (i.e. newspaper) in like a folder and make a collection throughout the year?
in fact, did you happen to do anything other than questions, practice exams and study guides in preparation?

Thanks.
I kind of did. I followed the news and everything, and recorded the best examples in my book. But the only current example I ever used was the Peter Garret one and about 4 recent examples in the final AOS. I had a wealth of other examples which I had come across and recorded in my workbook, except there's no points in legal for using an example from two weeks ago as opposed to two years ago- in the end relevance wins out. Not like in Interstudies or Natpol where the super recent often trumps the super relevant.
Title: Re: VCE Legal Studies Question Thread
Post by: izzykose on March 30, 2011, 05:56:22 pm
I did the first half of my aos2 SAC today. There were 8 questions 30 marks and i was given 43 minutes to complete it. Would i lose marks on the following questions. (Note: these are not full responses only main points of them).

Is the Commonwealth Parliament the absolute law maker? Explain two restrictions on the Commonwealth Constitution:
I said its not an absolute law maker, as power is shared with seperate state parliaments in areas of concurrent power. I gave examples such as section 92- cannot restrict free trade between states and also said cannot establish a state religion but failed to give the relevant section of the constitution. Would i lose marks?

For a question on the referral of law making powers i said:

That they have the power to do so, and may do so because of expertise and because of consistency. Would i lose marks because i didnt mention they must pass an act of parliament?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 30, 2011, 06:46:42 pm
In regards to your first question, no you wouldn't. I was told by my teacher, who's an exam marker, that you don't lose marks if you quote the wrong section of the Constitution; I'd think you get the marks there, since you've listed the correct prohibitions. As for your second question, if your teacher is harsh on the marking then you may lose a mark at best. The state parliaments pass an Act which refers their legislative powers on a particular topic to the Commonwealth; an example would be the new National Curriculum - the introduction of "ATAR score" previously known as "ENTER score".
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 30, 2011, 10:53:43 pm
I have a question of my own...

"Describe three ways in which the Commonwealth parliament's law-making ability is restricted by the Constitution." (6 marks) This question was on my practice SAC; I got 4 out of 6 marks for this question. I said that the Commonwealth parliament is restricted in that:

- It's restricted by specific prohibitions. For example it can't make laws that strict free trade among states (s. 92)
- It cannot make laws in areas of residual powers. For example, it can't make laws in areas of crime and public transport
- It cannot make laws that infringe on individual's rights such as the freedom of movement

I'm unclear as to how I lost the 2 marks; according to my teacher I contradicted myself with the first and third points. =\ Can someone give an alternative answer or suggestions on how to improve the answer? Cheers.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 30, 2011, 10:59:41 pm
I have a question of my own...

"Describe three ways in which the Commonwealth parliament's law-making ability is restricted by the Constitution." (6 marks) This question was on my practice SAC; I got 4 out of 6 marks for this question. I said that the Commonwealth parliament is restricted in that:

- It's restricted by specific prohibitions. For example it can't make laws that strict free trade among states (s. 92)
- It cannot make laws in areas of residual powers. For example, it can't make laws in areas of crime and public transport
- It cannot make laws that infringe on individual's rights such as the freedom of movement

I'm unclear as to how I lost the 2 marks; according to my teacher I contradicted myself with the first and third points. =\ Can someone give an alternative answer or suggestions on how to improve the answer? Cheers.
Interesting..the first and third do not even relate lol, let alone contradict.
Title: Re: VCE Legal Studies Question Thread
Post by: izzykose on March 30, 2011, 11:17:46 pm
I can only think of your first two to be honest. It would be much easier to argue that question for states. Because of Concurrent powers and section 109, specific restrictions 115 coining money and exclusive powers of the commonwealth either by nature, listed in 52 or prohibited.. or even that through allowing conditional grants the constitution even allows influence in areas of residual power.

But for yours! I find that such an obscure question, the first and second are clear, the third is not.. i would not even think of that example.. Maybe through allowing for High court interpretation, the constitution could potentially allow for the restriction or lessening of the commonwealth parliaments legislative powers in the future.. through the interpretation. <<< Could that be used?

Anyways.. hope this helped
Title: Re: VCE Legal Studies Question Thread
Post by: gs on April 01, 2011, 10:48:02 pm
How may the Commonwealth influence the states to hand over residual power? Use a case to demonstrate.
I'm thinking of talking about the referral of powers and using the Road's Case.

Done a little but not sure how to correctly put it together. Thoughts?
Title: Re: VCE Legal Studies Question Thread
Post by: gs on April 01, 2011, 10:56:30 pm
Bit tired too doesn't help..
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 01, 2011, 10:58:45 pm
In relation to the referral of powers, say something like; The referral of powers is where state parliaments pass an Act which refers their legislative powers on a particular topic to the Commonwealth, they all have to agree; an example of this would be the Road's Case (1926). Then, outline briefly the facts of the case and its' impact on the law-making powers of the Commonwealth. So in essence, it confirmed the Commonwealth's power to provide tied financial grants to the states, it dramatically increased the authority of the parliament to determine on which projects the states spent money, for example, education, hospitals etc. A modern-day example would be Eastlink, the Commonwealth provided funding to the Victorian government with the condition that it be a toll-free freeway.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 02, 2011, 09:07:24 pm
Question...

The Marital Status Act 2009 has just been passed by the Victorian Parliament. How could Section 109 of the Constitution affect this law if it were challenged in the courts? (2 marks)

I'm confused as to how to answer the question. Section 109 relates to inconsistencies in areas of concurrent powers, where the Federal law will override the State law... I'm not sure how that relates to the question though.

Any help would be appreciated!
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on April 02, 2011, 09:11:05 pm
I believe marriage is a concurrent power. If it were challenged in the courts it would probably because it was inconsistent with a federal law. So the question wants you to basically explain S109 with that act as an example. So the federal law would stand only in the area of inconsistency; that is the state law would not be abrogated entirely.
Title: Re: VCE Legal Studies Question Thread
Post by: Hellhole on April 02, 2011, 09:23:45 pm
Question...

The Marital Status Act 2009 has just been passed by the Victorian Parliament. How could Section 109 of the Constitution affect this law if it were challenged in the courts? (2 marks)

I'm confused as to how to answer the question. Section 109 relates to inconsistencies in areas of concurrent powers, where the Federal law will override the State law... I'm not sure how that relates to the question though.

Any help would be appreciated!

Marriage is a concurrent power. If there are any inconsistancies between the state and Commonwealth acts, it could be taken to court under section 109 of the Commonwealth Constitution. S109 basically says that, where there are inconsistancies, the Commonwealth legislation is superior to the state legislation and inconsistant sections under the state act could be deemed invalid or void.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on April 04, 2011, 05:36:39 pm
Cheers EPL. Much appreciated.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on April 10, 2011, 03:46:00 pm
Question.

When referring to a specific section such as S116- protecting freedom of religion, is it necessary to include an example of the restriction as well as elaborating that it prevents Parliament from legislation with respect to religion?

 Cheers
Title: Re: VCE Legal Studies Question Thread
Post by: Hellhole on April 10, 2011, 04:33:23 pm
I'm not sure what you mean by an example of the restriction.

There are a few things that S116 entails, and it's not just preventing Parliament from legislation with respect to religion. It also includes Parliament being secular, members of Parliament not having to specify their religion/doing some religious test to be accepted as a candidate in election and also that the People are able to freely exercise their right to practice whatever religion they please.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on April 10, 2011, 04:48:06 pm
By example, I mean a real life application of the restriction, so for S116 an example  may be that Parliament cannot legislate in order to make Catholicism as the national religion.

Would I have to include things like that?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 10, 2011, 05:06:22 pm
By example, I mean a real life application of the restriction, so for S116 an example  may be that Parliament cannot legislate in order to make Catholicism as the national religion.

Would I have to include things like that?

No, I wouldn't think you'd need to.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on April 10, 2011, 06:03:50 pm
Just a quick question:
"The Commonwealth constitution protects democratic and human rights for all Australians. Compare this approach to one of the following countries: United Kingdom, the United States of America, Canada, New Zealand and South Africa.   (8 marks)

[I'd like to know what specific points we should include in these sorts of questions to get full marks? and when comparing, do we mention similarites and differences?? and also, with this sort of question, do we need to include our own evaluation or state our point of view on which approach is better? ]

thanks in advance :)
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on April 10, 2011, 06:19:55 pm
Basically compare the types of rights protected, in what form they come eg a Charter or Constitution, how they are protected eg by the courts, referendum processes etc, how they can be changed if in fact they can be, and whether they are express rights or implied rights. By giving info on these things you will highlight the similarities and differences between each nation's approach.

My list of what to include is not exhaustive, but those are the main points I would include from memory.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 10, 2011, 07:42:46 pm
What country are you doing, Zafaraaaa? Also to add to what flasha said, I would give corresponding similarities/differences if possible; makes for more of a cohesive answer.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on April 13, 2011, 12:08:49 am
What country are you doing, Zafaraaaa? Also to add to what flasha said, I would give corresponding similarities/differences if possible; makes for more of a cohesive answer.
Sorrryy late reply loool but I'm doing New Zealand :)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 13, 2011, 05:37:07 pm
Question...

Are we suppose to know all the legal maxims? Or is knowing ejusdem generis enough? It has few other maxims in my textbook. =T

Thanks if anyone can help!
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on April 13, 2011, 05:39:57 pm
I don't think you'd need all of them tbh. It's only needed for interpreting an act right??? So theres intrinsic and extrinsic materials. You wouldn't need to know them all... More importantly is why you need these things.
Are the maxims mentioned in the study design?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 13, 2011, 05:45:12 pm
I don't think you'd need all of them tbh. It's only needed for interpreting an act right??? So theres intrinsic and extrinsic materials. You wouldn't need to know them all... More importantly is why you need these things.
Are the maxims mentioned in the study design?

Yeh, the maxims assist in interpreting an Act. It's not really clear/specific in the study design relating to what maxims students need to know. Did you just learn the one maxim last year?
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on April 13, 2011, 05:48:13 pm
I learnt a couple but its been a while...
there was one called the golden rule (maybe)
and ejusdem generis - is that the class rule eg. (... and other like items)

I never used them hansard is good to fall back on because the courts use that a fair bit
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on April 15, 2011, 06:58:05 pm
Will I need to know the strengths/weaknesses of the process of changing the Constitution? It's not in the study design so I'm not too sure if I should read up on it..
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on April 15, 2011, 07:00:49 pm
Its always good to expand our knowledge on the Legal system but if the study design doesnt have anything related then we do need to know about it.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on April 15, 2011, 07:11:49 pm
OK thanks for that onur!
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on April 17, 2011, 10:32:59 pm
Could anyone provide me with questions for the first half of AOS2? This being either Chap.2 of KC or Chap.3 of J&O

Whether that means practice sacs, past sacs, finished sacs, A+, I don't really mind, I just want to do some more

cheers
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 17, 2011, 10:42:43 pm
See attached? I don't how useful the documents I've attached are to you, but they're worth doing as practice in any case. Do you have Checkpoints for Legal Studies? There are a lot of questions in there which are separated into each AOS.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 18, 2011, 03:26:21 pm
Where's everyone up to? We're up to AOS 3; Role of the courts in law-making.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on April 18, 2011, 03:55:07 pm
Doing the AOS2 SAC first thing when we get back and then starting on AOS 3 as well :)
Title: Re: VCE Legal Studies Question Thread
Post by: gs on April 18, 2011, 11:00:33 pm
We're having SAC 2B when we get back, then straight onto the 3rd topic like yourself EPL.
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on April 24, 2011, 02:36:10 pm
Could the referendum procedure be a strength for the constitutional protection of rights? Such as in it ensures that the public can become involved and demonstrate high support for a change in the law?
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on April 24, 2011, 03:30:17 pm
yes
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on April 24, 2011, 11:11:49 pm
Did anyone post AOS 2 sacs in those 32 pages before this one? If not could someone pretty please?
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on April 25, 2011, 01:20:04 am
http://vce.atarnotes.com/forum/index.php/topic,35347.msg419709.html#msg419709
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 25, 2011, 09:42:37 am
Also, see attached.
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on April 25, 2011, 11:44:12 am
I didn't really get Question 1 or Question 4?

was Question 1 just slightly unrelated to the whole scenario and just a question wanting an explanation of what the states powers are?

and Question 4 - analyse? yeah, help appreciated
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 25, 2011, 12:02:52 pm
I didn't really get Question 1 or Question 4?

was Question 1 just slightly unrelated to the whole scenario and just a question wanting an explanation of what the states powers are?

and Question 4 - analyse? yeah, help appreciated

Yeh, Question 1 is unrelated to the scenario. It's asking for the division of powers as outlined in the Commonwealth Constitution. Moreover, concurrent and residual powers. Question 4 is just weird. I think if Vera Momcilovic is successful in her case, then the Charter of Human Rights can be used to override laws, specifically drug laws in that case - it would be declared invalid. I'm not sure why it's worth 3 marks, should be less. Question 10 is also a bit weird in my opinion.
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on April 26, 2011, 01:07:42 pm
How would you answer the question

"why has it been necessary for the High Court to interpret the constitution?"
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on April 26, 2011, 01:37:23 pm
How would you answer the question

"why has it been necessary for the High Court to interpret the constitution?"

- To keep it current,
- To give the words meaning,
- To arbitrate issues arising,
- To protect the constitution.


I have a question:
I have learned the following sections, what am I missing?
S.51
(i) trade
(ii) taxation
(iii) customs and Excise made exclusive by S.90
(v) postal, telegraphic, telephonic and other like services
(vi) raising naval and military forces made exclusive by S.114
(xii) currency, coinage and legal tender made exclusive by S.115
(xxi) marriage
(xxvi) legislating regarding people of any race for the Aboriginal rights referendum
(xxix) external affairs
S.71 and 76 high court
S.92 free trade within the cth
S.99 no preference to be given
S.106, S.107, S.108 states' rights
S.109 inconsistency management!
S.116 religion restriction
S.127 indigenous rights
S.128 method of altering

I know the wording may be wrong for some of them, but yeah, anything missing?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 26, 2011, 01:55:33 pm
Nothing that I can think of. That's as much as you would need to know for AOS 2.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on April 26, 2011, 02:01:15 pm
Is it necessary to know all of those, or just needed to get bonus points?
I only remember s.106, 109, 114/s.51(vi), 115/s,51(xii), 116, 92 and s.51 (i) and (ii)
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on April 26, 2011, 02:04:22 pm
If you know the ones burbs has listed and no others, then you're all set.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on April 26, 2011, 02:35:39 pm
S51 (xxxvii)
-power given to Commonwealth Parliament allowing Commonwealth to enact laws on matters referred to it by the State(s)

:)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 26, 2011, 02:50:06 pm
Also:

- s. 117. The Commonwealth cannot discriminate against residents in a state.
- s. 75. The High Court has the power to hear and determine cases arising under any treaty.
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on April 26, 2011, 03:21:48 pm
Do you actually need to be able to write about them all? Especially the ones in section 51
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on April 26, 2011, 03:31:32 pm
Depends what the question asks. But you will come across most of them during the year.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on April 26, 2011, 04:41:14 pm
I heard that you don't have to necessarily state the section number, just the general gist of the sections.. is that right? (I think one of the A+ books said this somewhere)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 26, 2011, 04:47:57 pm
I heard that you don't have[i/] to necessarily state the section number, just the general gist of the sections.. is that right? (I think one of the A+ books said this somewhere)

Yeh, I believe that's right. It can't harm to know the sub-sections, to be assured of getting the full marks. Shows more depth of knowledge.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on April 27, 2011, 09:29:21 pm
okay, i've just gotten so bored with this subject
how are you guys still enjoying this?
this is my question
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on April 27, 2011, 09:43:57 pm
Whats bothering you nacho?
Constitution not your cup of tea?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 27, 2011, 09:50:17 pm
If I've interpreted your question correctly, I'm still enjoying the subject because the content is interesting? For AOS 3, it becomes more interesting than the previous two AOS's. The only thing I dislike about this subject is having to learn/memorise so much information, whereas in other subjects there is less to memorise. I can't speak for you, but Legal Studies is probably going to end up as my best subject, hence I just do the work even if it's boring at times; which it is.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on April 28, 2011, 03:38:53 pm
Whats bothering you nacho?
Constitution not your cup of tea?
Na, it's not that.
The questions just seem incredibly boring sometimes, from the purple textbook (justice and outcomes is it?)
I enjoyed it a bit today, but idk, I have no motivation whatsoever to study for it at home.
What are you guys up to?
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on April 28, 2011, 04:10:07 pm
I think Macrob used Making and Breaking the Law last year, not sure if you guys changed it.

well everyone has different interests I guess :)
We're behind everyone, going to finish off Protection of Rights of the Constitution tomorrow.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 28, 2011, 05:22:43 pm
CGS is using "Making & Breaking the Law" this year. We're up to AOS 3; Judges' ability to make law.

P.S. Liuy, we're more screwed than MHS for the Bond University Mooting Competition. Being the Respondent is harder than being the Appellant.  :p
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 28, 2011, 09:42:26 pm
Question...

How does the operation of the doctrine of precedent help the community to know what the law requires in a situation?

I'm not sure what the answer is. It's a textbook question. Any help would be appreciated!
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on April 28, 2011, 09:59:09 pm
Basically the doctrine of precedent allows for certainty and predictability as to how laws and situations are interpreted and adjudicated on by the courts. This ultimately means the community is aware of how laws are applied in particular cases.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on May 01, 2011, 09:12:48 pm
Do SACs matter all that much for legal?
Our school's been giving pretty easy ones lately, i have one on wednesday but im trying to study for my midyears (chem and accounting)
Should i completely neglect Legal SACs for now? Perhaps lose first rank by 4 or 5 marks ? Or should i study for them maintaining rank 1, because they can make a difference?
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on May 01, 2011, 09:26:38 pm
Do SACs matter all that much for legal?
Our school's been giving pretty easy ones lately, i have one on wednesday but im trying to study for my midyears (chem and accounting)
Should i completely neglect Legal SACs for now? Perhaps lose first rank by 4 or 5 marks ? Or should i study for them maintaining rank 1, because they can make a difference?


Try and keep rank 1 for as long as possible. If your schools SAC's are easy you shouldn't have to study too hard for it right?
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on May 04, 2011, 09:48:40 pm
Anyway,
can someone explain
'external affairs'
and 'treaties' to me?
The book may as well have been in french, what the hell is la grille??
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on May 05, 2011, 12:18:54 am
Well firstly you need to understand the Franklin Dams case, as it extended the meaning of external affairs to include any area covered by an international treaty, thus increasing the legislative power of the Commonwealth.

S51(xxix) is the external affairs power and the High Court interpreted this power to cover treaties, which in the context on the case, related to the proposed damming of the Franklin River, which was protecting by an UNESCO treaty.

The Damming was therefore stopped, new precedent created, the power extended,

Title: Re: VCE Legal Studies Question Thread
Post by: nacho on May 05, 2011, 03:47:36 pm
fewf sure am glad i didnt spend time on it
i spent 1.5 hours rote learning the stuff, for some reason i already knew the constitution (except s.99 ans s.5 1(v))
but yea does someone mind uplaoding their legal sacs/prac sacs?
Is legal generally straigthforward like the sacs ive been getting, and you just have to work on answering the question properly?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on May 05, 2011, 09:58:57 pm
Look at page 33 of this thread for practice SACs. Yeh, that's essentially it; knowing how to answer the question to obtain full marks. That comes with practice, and exposing yourself to as many different types of questions as possible - so when you do SACs and eventually the exam, there won't be any questions which you haven't already seen before. Legal Studies doesn't really throw up any real surprises, if you know the content back-to-front in my opinion.
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on May 12, 2011, 04:55:14 pm
Are retirement funds/ pension laws a residual power?
Title: Re: VCE Legal Studies Question Thread
Post by: waldo777 on May 12, 2011, 09:20:49 pm
Are retirement funds/ pension laws a residual power?

They are definitely not residual. Probably exclusive but possibly concurrent (despite being funded and regulated by the Commonwealth).
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on May 21, 2011, 10:42:31 pm
Where's everyone up to? We started Unit 4 on Thursday. My AOS 3 SAC is about 2 weeks away!
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on May 21, 2011, 10:47:52 pm
Wow EPL you guys are at least a week and a half ahead of us !
Title: Re: VCE Legal Studies Question Thread
Post by: whitecatdisguised on May 26, 2011, 08:15:12 pm
So apparently in the study design we must know the relationship between parliament and the courts as law-makers. Does anyone know what the differences between the parliament and the courts are as law-makers?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on May 26, 2011, 10:01:36 pm
Does anyone know what the differences between the parliament and the courts are as law-makers?

Some include:

- Parliament can investigate a whole area of law and make a comprehensive set of laws. Whereas, the courts cannot investigate a whole area of law; they can only make decisions based on what is brought before them.
- Parliament can make laws "in futuro". Courts make laws "ex post facto".
- Parliament provides for an area for debate. Judges make decisions based on the information presented to them in court and no public debate takes place.
- Parliament is democratically-elected. Whereas judges are appointed by the Governor on advice from the government; hence not democratically-elected.
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on May 29, 2011, 09:21:52 am
How can one best structure a legal studies essay? It was the question i stuffed up the most in my Legal SAC the other week, and I have to do two in the sac this week. fun.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on May 29, 2011, 03:54:18 pm
How can one best structure a legal studies essay? It was the question i stuffed up the most in my Legal SAC the other week, and I have to do two in the sac this week. fun.

Depends on the question. Generally, the "essay" questions tend to be worth 10 marks. In AOS 3, Unit 3; the main 10-mark question relates to the strengths and weaknesses of the courts as law-makers. The way I would structure my answer is; have one "introduction" paragraph about the courts as law-makers. For example, the courts are created by Parliament, who pass Acts which creates the courts and also sets out their jurisdiction (i.e. The Supreme Court Act created the Victorian Supreme Court.). Some strengths include; then list 4 strengths of the courts as law-makers. Then say "However, some weaknesses include..." and list 4 corresponding weaknesses - assuming it's a "Critically evaluate" question. After the "introduction" paragraph; have 4 separate paragraphs. One strength and corresponding weakness per paragraph; as outlined previously. That should be enough to get full marks - in my opinion.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on May 30, 2011, 10:53:27 pm
AOS 3 - Role of courts.

There are about 1000000000 case studies, dunno what I need examples for. Is this enough:

Negligence (Donoghue v. Stevenson and Grant v. Aus Knitting Mills)
Mabo->Wik->Native title act
Deing v. Tarola
Mansfield v. Kenny
Trigwell
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on May 30, 2011, 11:08:55 pm
Yes.
Title: Re: VCE Legal Studies Question Thread
Post by: hotdog169 on June 20, 2011, 11:50:40 pm
how would i answer this question ?
How does a judge interpret statutues? thers not really a process so is it talking about the intrinsic and extrinsic materials ?
also how would i answer this, should the courts be making laws on controversial issues?
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on June 21, 2011, 02:06:46 am
1. You should briefly discuss Statutory Interpretation, i.e. involving a judge examining and interpreting the meaning of words contained in a relevant stature before applying these to the facts of the case.
Then go on to talk about methods used to carry out this statutory interpretation, i.e. intrinsic materials (punctuation, heading etc) and extrinsic materials (Hansard, Parliamentary Committee Reports etc.)

2. This requires a bit of discussion on the strengths and weaknesses of Courts making laws on Controversial issues. You could say Judges are not subject to political pressures when making decisions, so can objectively assess need for change in law.
On the other hand, Courts are not an elected body so certain groups may be affected by controversial court-made law and they have no recourse for democratic processes to challenge the decision.

:)
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on June 24, 2011, 11:49:42 am
how would i answer this question ?
How does a judge interpret statutues? thers not really a process so is it talking about the intrinsic and extrinsic materials ?
also how would i answer this, should the courts be making laws on controversial issues?

for the second question (on the courts and controversy), you need to consider a few things, because, without actually saying it in the question, it is a critical evaluation of the courts as law makers - however it takes it a step further and specifies exactly which area of court made law it wants you to evaluate (the ability of the judiciary to make laws in controversial areas).

-Because they don't rely on votes, judge's aren't at the mercy of the public, as (unlike Parliament) they cannot be held accountable for their actions. If a judge sets a precedent that goes against the views and values of the wider community, there is little that can be done, particularly if a higher court (supreme or even High court) does this. The only way a bad court-made law can be overturned is by Parliament (a feature of their relationship, and a strength of Parliament as a lawmaking body). As a result of this absence of accountability, it's argued that the courts should not make laws in controversial areas, as there is no way to check against bias or poor decisions.
However, this fact that judge's are appointed and not elected also means that the judiciary can make laws that are likely to be in the best interest of society - free from political pressures and influences. Because Parliament relies on the public's vote, they may withhold lawmaking in areas of controversy to avoid alienating a particular (usually powerful) group of voters. Without this issue, the courts can effectively make laws in controversial areas.

-Another point is that the judiciary is not democratic, as it is often only a single judge who sets precedent. In areas of controversy (such as abortion) , it's difficult for a single person to make impartial laws, setting aside their own views on the matter. Because no official scrutiny can be applied on the judiciary, it is likely that their personal biases will disrupt their ability to effectively make laws in controversial areas.

Also, the primary function of the courts is to settle the dispute presented in the case before them - lawmaking is their secondary function. This means that a court may set a precedent (and thus, make a law) that is in the best interest of the case at hand, but may be inadequate as a general law. Because no 2 cases are identical, the judge's ratio decidendi must be focused on the case at hand, but also general enough to be applied to wider cases. this is difficult to achieve, and rarely done properly - court-made law tends to be tilted in the best interest of the particular case (that is, to be applied to the ad hoc case, rather than as a general rule for the wider community). In controversial areas, this means that a law may be made that is appropriate to one case, but inappropriate to others, and so the law itself would be ineffective in practice.


hope this helps, sorry it's so long, i haven't written about legal in a few months so reword it in your own way, but those are the main few points (you don't need to talk about all of them - depends on how many marks the q. is worth)
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on June 24, 2011, 11:54:08 am
AOS 3 - Role of courts.

There are about 1000000000 case studies, dunno what I need examples for. Is this enough:

Negligence (Donoghue v. Stevenson and Grant v. Aus Knitting Mills)
Mabo->Wik->Native title act
Deing v. Tarola
Mansfield v. Kenny
Trigwell


that is plenty, you only need to make fleeting reference to exemplary cases when you're talking about the role of the courts. you can probably even make do without referring to any (although it's good if you do). but don't just rote learn the facts of the case; have no more than one sentence referencing the case, and how it applies to what you're talking about.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on July 09, 2011, 01:14:43 pm
Does anyone know how much of Chapter 6 from the Justice&Outcomes book we actually need to know? The study design is pretty vague for the court jurisdictions sections, so do we have to know all the specialist courts of the Magistrates Court? And even all that info on the Magistrates Court in Ex 6.3? There seems to be a lot of irrelevant material in this chapter, just not sure if I should study it or just leave it. Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 09, 2011, 01:40:17 pm
I would say yes. You need to know all the specialist courts of the Magistrates' Court (i.e. Drug, Koori, Children's and Coroner's Court). Different textbooks cover different courts/lists. J&O covers the Family Violence Division, Sexual Offences List and Assessment and Referral Court List - which isn't covered in "Making and Breaking the Law". Know all of them to cover your bases. As for the information in Ex. 6.3, everything there is relevant/essential with the exception of "Diversion programs" perhaps. I haven't studied that. For the specialist courts of the Magistrates' Court such as the Coroner's Court, all you need to say is what type of cases it can hear/ investigate. In short, study it.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on July 10, 2011, 04:17:34 pm
Well, i'm back, time to pown legal studies.
Was wondering if anyone could help me with:

1.What problems can arise if parties to a dispute decide to try to take the matter into their own hands, rather than negotiate a settlement to the problem?

2. What are some problems that might be experienced when attempting to resolve disputes through mediation?

3. Describe the way in which mediation is used in the supreme court.

thanks!
Anyone finished legal studies course yet? where are you guys at?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 10, 2011, 06:52:10 pm
1. If parties take matters into their own hands, one party may dominate the other and as a result a party may compromise too much - leading to an unjust outcome. Also, they may not be fully aware of their legal rights.

2. Similar to question 1. One party may dominate and as a result the other party may compromise too much, leading to an unjust outcome. Also, there may be a lack of finality. Using mediation may not always result in the dispute being settled. In some cases if the dispute is not resolved, it may eventually reach court/judicial determination (costing time and money).

I'm not sure about question 3. I would just give the textbook definition of mediation to be honest. I haven't finished the course; I'm going over practice questions and my notes for AOS 1, since I have a SAC on it in week 2.
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on July 10, 2011, 07:17:31 pm
3. Most civil cases in the Supreme Court go to mediation as a pre-trial procedure - this will obviously save costs and time if parties are able to solve the matter through mediation. If mediation is not successful, the matter will proceed to trial.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on July 12, 2011, 01:22:24 pm
The textbook only focuses on the Anti Discrimination List, so I'm assuming we only need to know this one in detail? (All other lists are briefly mentioned)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 12, 2011, 04:04:41 pm
The textbook only focuses on the Anti Discrimination List, so I'm assuming we only need to know this one in detail? (All other lists are briefly mentioned)

Learn all of them? Again the study design is quite vague in this area, so I'd learn all 3 lists (i.e. The Anti-Discrimination List, Residential Tenancies List and the Civil Claims List) to be on the safe side. Try using the other textbooks for more information on the other lists.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on July 12, 2011, 05:46:35 pm
The textbook only focuses on the Anti Discrimination List, so I'm assuming we only need to know this one in detail? (All other lists are briefly mentioned)

Learn all of them? Again the study design is quite vague in this area, so I'd learn all 3 lists (i.e. The Anti-Discrimination List, Residential Tenancies List and the Civil Claims List) to be on the safe side. Try using the other textbooks for more information on the other lists.

Hmm are you sure? Key Concepts doesn't even go into detail for any of the lists, it just lists each of them. Justice Outcomes goes a step further and describes Anti Discrimination in detail though, so yeah I'm just not sure :/
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 12, 2011, 06:01:24 pm
The textbook only focuses on the Anti Discrimination List, so I'm assuming we only need to know this one in detail? (All other lists are briefly mentioned)

Learn all of them? Again the study design is quite vague in this area, so I'd learn all 3 lists (i.e. The Anti-Discrimination List, Residential Tenancies List and the Civil Claims List) to be on the safe side. Try using the other textbooks for more information on the other lists.

Hmm are you sure? Key Concepts doesn't even go into detail for any of the lists, it just lists each of them. Justice Outcomes goes a step further and describes Anti Discrimination in detail though, so yeah I'm just not sure :/

Can't harm to know them in my opinion. All you really need to know about each list is what types of disputes each can hear (provide an example), the claims it can hear up to (all can hear up to $10,000; except for the Anti-Discrimination List which is unlimited) and where appeals are heard from each list (i.e. all appeals go to the Supreme Court). The "Making and Breaking the Law" textbook provides a paragraph or two on each list.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on July 12, 2011, 07:41:47 pm
In the annotated study design for teachers for the new 2011 new course, in relation to: the role of VCAT, there is a comment on the side specifying: "Focus on role, rather than jurisdictions. Could include discussion of the range of disputes heard by VCAT, and the operation of ONE list as an example.

I only studied the Anti-Discrimination list, I believe that one of the principal changes to Unit 4 was to take out the lists of VCAT as one of the key knowledge areas.





Title: Re: VCE Legal Studies Question Thread
Post by: werdna on July 12, 2011, 08:54:00 pm
Thanks for the clarification Liuy! I just had a read of the annotated study design, VCAA being decent for once: Comment [A57]: Reduced number of courts to minimise rote learning; Trial Division and Court of Appeal both specified.

:P
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on July 12, 2011, 09:25:02 pm
No worries !

How are you guys doing strengths and weaknesses for ADRs and Courts?
In MBL, they have each ADR's strengths and weaknesses separately listed, unlike the other 2 texts which have mediation, arbitration and conciliation mixed into one category for strengths and weaknesses.

Title: Re: VCE Legal Studies Question Thread
Post by: werdna on July 12, 2011, 11:09:07 pm
No worries !

How are you guys doing strengths and weaknesses for ADRs and Courts?
In MBL, they have each ADR's strengths and weaknesses separately listed, unlike the other 2 texts which have mediation, arbitration and conciliation mixed into one category for strengths and weaknesses.



I'm probably just gonna do it the way the textbook has it - all together in one category. You wouldn't really want to get THAT specific (are there even vast differences in strengths and weaknesses for each of the methods?) as you've got to know strengths and weaknesses for courts and VCAT as well.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 12, 2011, 11:24:11 pm
I'm probably just gonna do it the way the textbook has it - all together in one category. You wouldn't really want to get THAT specific (are there even vast differences in strengths and weaknesses for each of the methods?) as you've got to know strengths and weaknesses for courts and VCAT as well.

Ditto. From the questions I've seen/done, the ones that get tested the most are "Compare the courts and VCAT in resolving disputes" and "Critically evaluate alternative dispute resolution methods in settling a dispute". I've learnt three or four corresponding strengths and weaknesses for ADRs/VCAT/courts. Most of the ADR methods have similar strengths and weaknesses; they don't vary too much I don't think.
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 13, 2011, 07:54:49 pm
Hi; is the Supreme court-trial division's appellate jurisdiction essentially the Supreme court's-court of appeal appellate jurisdiction? It's confusing because why have a trial division if it already has an appellate..?
So when I learn it's jurisdiction would the Appellate jurisdiction of the trial division be the same thing as the appellate of the court of appeal, or must I learn both as different jurisdictions?
Confusing :\
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on July 13, 2011, 08:59:11 pm
Hi; is the Supreme court-trial division's appellate jurisdiction essentially the Supreme court's-court of appeal appellate jurisdiction? It's confusing because why have a trial division if it already has an appellate..?
So when I learn it's jurisdiction would the Appellate jurisdiction of the trial division be the same thing as the appellate of the court of appeal, or must I learn both as different jurisdictions?
Confusing :\

Nooo! They're different appellate jurisdictions. The Court of Appeal only has an appellate jurisdiction, no original jurisdiction. Usually you'll find looking at the jurisdiction table in the textbook can clear things up.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 13, 2011, 09:11:53 pm
They're different, as werdna pointed out. The image I've attached should hopefully clear things up for you.
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 13, 2011, 09:57:17 pm
Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 13, 2011, 10:13:00 pm
Oh another thing: what's does an 'appeal on a point of law' mean?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 13, 2011, 10:18:00 pm
Oh another thing: what's does an 'appeal on a point of law' mean?

I think it's where the losing party believes that the judge/magistrate erred in the application of the law or in other words, made a mistake in applying the law (and is subsequently appealing on that basis).
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on July 14, 2011, 01:30:16 am
Is it just me or are the strengths and weaknesses of the way courts and VCAT operate to resolve disputes very similar to the strengths and weaknesses of dispute resolution methods used by courts and VCAT...
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on July 14, 2011, 10:42:03 am
Basically exactly the same. One of many overlaps in the course with strengths and weaknesses.
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 14, 2011, 11:57:00 am
When doing the strengths/weaknesses of dispute resolution methods used by courts/VCAT.. does judicial determination come under the umbrella of ADR (hence doing it all together)? I read up this post that you should do it altogether but the A+ notes seperates judicial determination + ADR being mediation, arbitration, conciliation
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 14, 2011, 12:08:54 pm
Oh dw, massive slab of text saying ADR is mediation, arbitration and conciliation
Title: Re: VCE Legal Studies Question Thread
Post by: whaleiouse on July 14, 2011, 05:52:43 pm
Hey guys,
random question in my textbook that kinda threw me-

'suggest reasons why criminal and civil disputes should be treated diffrently'

thanks
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on July 14, 2011, 06:33:12 pm
In your answer include different characteristics of civil and criminal disputes
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 14, 2011, 06:39:20 pm
My teacher's a very tough marker and I've lost a few marks in SACs for 'critically evaluate q's' because she says my corresponding strength/weakness don't FULLY relate enough.., 'fully' relate as in the weakness must be a direct weakness of the strength.. but I find it hard to find a weakness that nicely corresponds.  Could someone please provide an example of 3-4 strengths balanced against their weaknesses for ADR? I could only come up with one that fully related, Strength being lack of formality and the weakness to the strength being lack of formality could provoke some parties to abuse their power and force unjust results :S
thanks
Title: Re: VCE Legal Studies Question Thread
Post by: whaleiouse on July 14, 2011, 07:21:49 pm
Ahhh compare and contrast questions, my teacher marks like a demon on those questions too.
Have you got the text book 'Making and Breaking the Law?' becuase it lists the pro's and con's of each one and I find it helpfull to match them up.

An answer that worked for me for the ADR of mediation is:

Informal atmosphere-This ecourages compromise, and for the parties to reach a decision through negotiation. This can generally lead to both parties being more satisfied with the result and hence more inclined to stick to it. It is also a less intimidating method of dispute resolution. However this may allow the more confident or powerful party can take advantage skewing the results.

Parties are encouraged to resolve thier own dispute with the assistance of third parties who are experienced in the mediation procedures again this makes the parties involved more inclined to stick to it. However if one party refuses to participate or refuses to compromise then the whole process is nulified as the parties could not resolve thier dispute, adding delays to the legal process.

Mediation produces a win/win situation where both parties may feel like they got somthing out of the process, which is particually appropriate in situations where the parties will have sustained contact with each other (i.e. neighbours). However this decision reached is not binding or legally enforcable, and as such is heavily relient on goodwill.

Hope that helps mate :D
Title: Re: VCE Legal Studies Question Thread
Post by: gs on July 14, 2011, 11:10:00 pm
Compare and contrast the effectiveness of ADR and the traditional court system? What should this include?

I'm thinking (traditional/ADR): high costs/low costs, extended delays/non-existant delays, binding/most not binding..
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on July 15, 2011, 12:22:58 am
yeah and you could also argue

formal/informal, accessible to a wider range of the public (can occur on weekends and in the night)/ limited accessibility
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 15, 2011, 01:31:10 pm
Are we supposed to learn the jurisdiction of the coroners court? It's on a practice sac here.. I thought the SD omitted those specialist courts for less rote learning?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 15, 2011, 01:51:26 pm
I would say yes. You need to know all the specialist courts of the Magistrates' Court (i.e. Drug, Koori, Children's and Coroner's Court). Different textbooks cover different courts/lists. J&O covers the Family Violence Division, Sexual Offences List and Assessment and Referral Court List - which isn't covered in "Making and Breaking the Law". Know all of them to cover your bases. For the specialist courts of the Magistrates' Court such as the Coroner's Court, all you need to say is what type of cases it can hear/ investigate. In short, study it.

That's what I said to werdna a while back. My understanding is that since the introduction of the new study design, VCAA has reduced the number of lists (VCAT) that students need to know, but you'd still be expected to know a few specialist courts of the Magistrates' Court, hence I included the Coroner's Court in the practice SAC. Any specialist court of the Magistrates' Court is examinable I think, so I'd learn it to be safe.
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 15, 2011, 03:41:24 pm
:( Damn.
Also.. the lists? I never learnt one.. did we need to study a specific list or could we pick and choose? I just learnt the 'role' of VCAT; as it was expressed in the SD
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 15, 2011, 04:12:22 pm
In the annotated study design for teachers for the new 2011 new course, in relation to: the role of VCAT, there is a comment on the side specifying: "Focus on role, rather than jurisdictions. Could include discussion of the range of disputes heard by VCAT, and the operation of ONE list as an example.

I only studied the Anti-Discrimination list, I believe that one of the principal changes to Unit 4 was to take out the lists of VCAT as one of the key knowledge areas.

That should answer your question. I think if you learn one of the three lists; Anti-Discrimination, Civil Claims or Residential Tenancies List in detail (textbook will suffice), then you'll be fine. I'm assuming you would get to pick-and-choose a list to study.
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 15, 2011, 04:38:48 pm
What does this weakness mean? 'Dispute resolution has become fragmented, which has added confusion experienced by parties about where a dispute resolution would best be solved' It's under VCAT. Does it have something to do with the excessive amount of 'lists' or something?
Totally clueless
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on July 15, 2011, 04:51:38 pm
What textbook do you guys use? Does anyone else think that 'justice and outcomes 11e' is written by a Fob?

Anyways:
"what ground are required for a civil appeal to be heard in the supreme court?"

"Describe the ways in which mediation is used in the Supreme Court"

thanks
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on July 15, 2011, 04:58:18 pm
I would say yes. You need to know all the specialist courts of the Magistrates' Court (i.e. Drug, Koori, Children's and Coroner's Court). Different textbooks cover different courts/lists. J&O covers the Family Violence Division, Sexual Offences List and Assessment and Referral Court List - which isn't covered in "Making and Breaking the Law". Know all of them to cover your bases. For the specialist courts of the Magistrates' Court such as the Coroner's Court, all you need to say is what type of cases it can hear/ investigate. In short, study it.

That's what I said to werdna a while back. My understanding is that since the introduction of the new study design, VCAA has reduced the number of lists (VCAT) that students need to know, but you'd still be expected to know a few specialist courts of the Magistrates' Court, hence I included the Coroner's Court in the practice SAC. Any specialist court of the Magistrates' Court is examinable I think, so I'd learn it to be safe.

Specialist courts of Magistrates' and County Courts like the Koori Court and Drug Court etc should be learnt, but other specialist courts like the Children's Court, Coroner's Court, High Court, Family Court, Federal Court are not part of the study design. Only the Magistrates', County and Supreme (Trial and Appeal) Courts are examinable (plus their respective specialist courts) but all the rest are not, if I'm looking at the textbook and study design properly.
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 15, 2011, 05:01:27 pm
Alright. Ty.
What does this weakness mean? 'Dispute resolution has become fragmented, which has added confusion experienced by parties about where a dispute resolution would best be solved' It's under VCAT. Does it have something to do with the excessive amount of 'lists' or something?
Totally clueless
Can someone help me with my query? ^o^
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 15, 2011, 05:20:29 pm
Alright. Ty.
What does this weakness mean? 'Dispute resolution has become fragmented, which has added confusion experienced by parties about where a dispute resolution would best be solved' It's under VCAT. Does it have something to do with the excessive amount of 'lists' or something?
Totally clueless
Can someone help me with my query? ^o^

It's saying that there are many methods of getting a dispute resolved (i.e. mediation, conciliation and arbitration) in addition to VCAT's specialised lists and subsequently, this confuses parties of which is the best way to resolve their dispute.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on July 15, 2011, 06:10:32 pm
yeah and you could also argue

formal/informal, accessible to a wider range of the public (can occur on weekends and in the night)/ limited accessibility

Good man cheers
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 15, 2011, 06:15:10 pm
What separates certain criminal offences to be heard in the supreme vs. county in terms of indictable offences? (Since they both hear indictable offences) Are the more serious ones held in the supreme and which ones are the more 'serious'.. aren't they categorized equally?
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on July 15, 2011, 06:31:30 pm
The County Court hears most indictable (serious) offences, with the exception of the MOST serious indictable offences which must be heard in the Supreme Court, for example murder, treason, child homicide and manslaughter.

No they are not catergorised equally.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 15, 2011, 09:38:49 pm
What textbook do you guys use? Does anyone else think that 'justice and outcomes 11e' is written by a Fob?

Though my school's primary text is Making and Breaking the Law, I use all 3; J&O, Making and Breaking the Law and Key Concepts. J&O goes into a lot of depth, whereas the other two textbooks don't comparatively.

Anyways:
"what ground are required for a civil appeal to be heard in the supreme court?"

"Describe the ways in which mediation is used in the Supreme Court"

thanks

1. On point of law from the Magistrates' Court or from VCAT.
2. As ech_93 said a few pages back, mediation in the Supreme Court is used in an attempt to save parties time and money in civil disputes. That's really the only way mediation is used in the Supreme Court, I think.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on July 19, 2011, 06:23:12 pm
anyone uploaded notes in regards to courts, ADR, adv and disadv of both and VCAT?
I got a SAC coming up! already.. :/ would much rather study umat than this but ohwell
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on July 19, 2011, 06:29:09 pm
Have you checked the notes chrisjb wrote last year? They might  help you out.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 19, 2011, 06:38:10 pm
Have you checked the notes chrisjb wrote last year? They might  help you out.

That's a good idea. The notes uploaded by students who completed this subject last year are very comprehensive. Otherwise, most of the textbooks have summaries of the content/AOS at the end of the chapter.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on July 19, 2011, 06:41:18 pm
Have you checked the notes chrisjb wrote last year? They might  help you out.

Is there a link to his notes? I can't find them :P
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on July 19, 2011, 06:43:12 pm
I can email it to you, pm me your email.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on July 20, 2011, 12:31:12 pm
Have a squiz at my notes too, they might be of assistance. They're called "Legal Studies Course Summary".
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on July 24, 2011, 09:15:27 pm
This is quite urgent;
- what are two reasons for specialists court?

And i still don't understand the difference between 'on point of law, and point of fact' although it seems so obvious..
someone care to explain, giving me an example in terms different from the textbook?

Also, i dont see the difference between judicial determination and taking a case to the court?

thanks
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on July 24, 2011, 09:26:16 pm
I am a legal noob, but from what Ive understood; Firstly to have your case heard at a specialist court you must plead guilty. Specialist courts are made to ease the load the Magistrates courts have in dealing with cases. A main reason for specialist courts is the fact that they take more time in coming to solutions. Example: Koori Court takes much longer than a case heard in the normal Magistrates court because they (magistrate, elder, counsellors) want to solve the issue from the core. I went to a magistrate court and the elder I spoke to said that many of the people at the magistrate courts are come very often because they are not 'taught there lesson', so basically the aim of the specialists courts is to trying to help rehabilitate the people involved and trying to make them change their lives rather than being given a punishment and then coming back to court sooner or later cause of similiar offences.   

^ I feel like I repeated myself, but thats what I understood :/
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 24, 2011, 09:28:39 pm
One reason for having specialist courts is that it allows for specialisation, whereas the main courts cannot specialise. For example, the introduction of the Koori Court deals with cases involving individuals of Aboriginal background; allowing for cases to be dealt with effectively and quickly. A second reason for having specialist courts is that it reduces the workload and burden on the higher courts such as the Magistrates’ and County Court, as it deals with the minor matters whereas the more serious cases are heard by the higher courts like the Supreme Court.

Also, i dont see the difference between judicial determination and taking a case to the court?

It's the same thing.
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on July 24, 2011, 09:36:27 pm
^ Spot on
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on July 24, 2011, 09:49:10 pm
I am a legal noob, but from what Ive understood; Firstly to have your case heard at a specialist court you must plead guilty. Specialist courts are made to ease the load the Magistrates courts have in dealing with cases. A main reason for specialist courts is the fact that they take more time in coming to solutions. Example: Koori Court takes much longer than a case heard in the normal Magistrates court because they (magistrate, elder, counsellors) want to solve the issue from the core. I went to a magistrate court and the elder I spoke to said that many of the people at the magistrate courts are come very often because they are not 'taught there lesson', so basically the aim of the specialists courts is to trying to help rehabilitate the people involved and trying to make them change their lives rather than being given a punishment and then coming back to court sooner or later cause of similiar offences.   

^ I feel like I repeated myself, but thats what I understood :/
thanks!

One reason for having specialist courts is that it allows for specialisation, whereas the main courts cannot specialise. For example, the introduction of the Koori Court deals with cases involving individuals of Aboriginal background; allowing for cases to be dealt with effectively and quickly. A second reason for having specialist courts is that it reduces the workload and burden on the higher courts such as the Magistrates’ and County Court, as it deals with the minor matters whereas the more serious cases are heard by the higher courts like the Supreme Court.

Also, i dont see the difference between judicial determination and taking a case to the court?

It's the same thing.
thanks epl, great points
just in regards to that second point, we've been taught that this is the reason for a 'court hierarchy' and the name of this advantage is administrative convenience. do you think i'd get the marks if i used this on my SACs?

I can see how they both work though, so thanks!


also, just once again
difference between point of law and fact?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 24, 2011, 10:00:43 pm
thanks epl, great points
just in regards to that second point, we've been taught that this is the reason for a 'court hierarchy' and the name of this advantage is administrative convenience. do you think i'd get the marks if i used this on my SACs?

also, just once again
difference between point of law and fact?

Yeh, definitely you would. That's one of the reasons I've learnt as well; my SAC is tomorrow. I'm not entirely sure what the difference between "point of law" and "point of fact" is, hence I didn't answer it. My guess would be as good as yours. I don't think you need to know what the difference is, as along as you can outline the jurisdiction of the Court of Appeal (criminal and civil) correctly, then you'll be fine - which is what I assume this is in relation to.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on July 24, 2011, 10:17:24 pm
I think Point of law is to do with applying the law correctly to the case before the court. This requires extensive knowledge of the laws and their sections so as to ensure the most appropriate law is used when determining whether the accused has breached a law. The judge determines the point of law.

Point of fact in a criminal case is the role of the jury in a criminal case. They listen to both parties establish their version of facts in relation to the case and decide which facts are the correct representation of the truth. Hence the standards of proof of Beyond Reasonable Doubt (facts must prove the prosecution's case beyond reasonable doubt) and on the balance of probabilities (most probable that one side's argument is right and the other side's argument is most probably wrong)

Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on July 24, 2011, 10:35:49 pm
If VCAT is legally binding, why does it use mediation/conciliation? :O
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 24, 2011, 10:49:39 pm
If VCAT is legally binding, why does it use mediation/conciliation? :O

In VCAT only arbitration is legally-binding. Generally, parties will go through mediation and conciliation first (as it encourages parties to resolve disputes themselves) and if it cannot be resolved in those methods, then it will reach arbitration. Arbitration is used as a last-resort method in VCAT.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on July 25, 2011, 10:18:35 am
This is also a strength of VCAT as opposed to other ADRs, and a weakness of mediation and conciliation.
Title: Re: VCE Legal Studies Question Thread
Post by: whitecatdisguised on July 26, 2011, 09:54:54 pm
In the study design, it says we should know the role of the VCAT. Does this mean we should also go through the Anti-Discrimination list and the Residential Tenancies List also?
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on July 26, 2011, 10:06:47 pm
Yes. But they're very simple in terms of their role/purpose.
Title: Re: VCE Legal Studies Question Thread
Post by: whitecatdisguised on July 26, 2011, 10:20:59 pm
Yes. But they're very simple in terms of their role/purpose.

Thanks!
Also, another question, with the role of the VCAT, do we need to know ALL of their roles in detail?
Also with the strengths and weaknesses of ADR, should we know all of them? Or 3 of each, 2 of each, etc?
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on July 26, 2011, 10:44:20 pm
There's only a few roles, and most are basically the strengths of the tribunal. I'd know 5 of each.
Title: Re: VCE Legal Studies Question Thread
Post by: SupaMario on July 27, 2011, 07:04:39 pm
'Frank has been convicted of manslaughter and his sentence is seven years imprisonment. Which court or tribunal would have handed down this sentence?'

This question was on a worksheet that our teacher gave us. I thought it would be County Court (wouldn't be as common), but still... My teacher says its Supreme though =\ Would County still be acceptable?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 27, 2011, 07:27:07 pm
'Frank has been convicted of manslaughter and his sentence is seven years imprisonment. Which court or tribunal would have handed down this sentence?'

This question was on a worksheet that our teacher gave us. I thought it would be County Court (wouldn't be as common), but still... My teacher says its Supreme though =\ Would County still be acceptable?

Strictly by the definition of the County Court, no. The County Court deals with the less serious indictable offences such as armed robbery and culpable driving. Whereas, the Supreme Court deals with the most serious indictable offences; i.e. murder and murder-related cases (such as manslaughter) in which a jury is mandatory.
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on July 27, 2011, 08:01:17 pm
When discussing the role of VCAT; do we need to explain the role of one lists jurisdiction or is that going too far?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 27, 2011, 08:10:51 pm
When discussing the role of VCAT; do we need to explain the role of one lists jurisdiction or is that going too far?

Depends on how many marks the question is. If it's a 2-mark question, then no; just explaining the role of VCAT is perfectly acceptable for 2 marks. However, if it's more than that - then I would. It shows a greater depth of knowledge to your teacher marking your work, if you can provide examples of what you're talking about.
Title: Re: VCE Legal Studies Question Thread
Post by: SupaMario on July 27, 2011, 10:42:13 pm
'Frank has been convicted of manslaughter and his sentence is seven years imprisonment. Which court or tribunal would have handed down this sentence?'

This question was on a worksheet that our teacher gave us. I thought it would be County Court (wouldn't be as common), but still... My teacher says its Supreme though =\ Would County still be acceptable?

Strictly by the definition of the County Court, no. The County Court deals with the less serious indictable offences such as armed robbery and culpable driving. Whereas, the Supreme Court deals with the most serious indictable offences; i.e. murder and murder-related cases (such as manslaughter) in which a jury is mandatory.

What about this manslaughter case being heard in the County Court? Is it because there are certain circumstances whereby a manslaughter case is able to be tried in the County Court?
http://www.thecourier.com.au/news/local/news/general/rhys-marshalls-death-manslaughter-trial-continues/2007301.aspx
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on July 27, 2011, 11:12:20 pm
urgent; when describing for example the jurisdiction of courts, besides naming what types of appeals they can hear must we also describe what the court can do with that appeal?
e.g. the appellate jurisdiction of the county court involves being able to hear appeals regarding the conviction or length of sentence from the magistrates'; workcover matters and length of sentence from the childrens court by a single judge
is that enough?
also; what about the judges/jury which can hear in that jurisdiction? is that needed too?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 30, 2011, 09:28:22 pm
urgent; when describing for example the jurisdiction of courts, besides naming what types of appeals they can hear must we also describe what the court can do with that appeal?
e.g. the appellate jurisdiction of the county court involves being able to hear appeals regarding the conviction or length of sentence from the magistrates'; workcover matters and length of sentence from the childrens court by a single judge
is that enough?
also; what about the judges/jury which can hear in that jurisdiction? is that needed too?

Short answer, no (to both questions). Apologises if I've replied a bit late. Naming what types of appeals are heard in each court is sufficient. You don't need to mention if a magistrate/judge/jury is present either.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 31, 2011, 10:10:33 pm
I couldn't be bothered making another thread about this. Is it worth going to any Legal Studies lectures at the end of the year (if at all) - prior to the exam? Thoughts? I'm hesitant to actually go to any seeing as they tend to focus on the course content, rather than exam technique; which is what I'd ideally prefer.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on July 31, 2011, 10:16:09 pm
I didn't get alot out of mine. Good Legal kids know how to best answer questions anyway, you don't need to be told. Any questions you have come exam time, just ask me and the other 2010 legal kids!
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on August 10, 2011, 08:14:38 pm
One thing I really need to clear up,

what is judicial determination and how does it differ from the court resolution process?

Also, in arbitration, are there rules on evidence and procedure? or is it still as informal and flexible in it's nature as mediation?
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on August 10, 2011, 08:22:36 pm
Judicial determination involves the parties to the case presenting arguments and evidence to a judicial officer whom is generally a judge, who makes a legally binding decision about the outcome of the case.
Title: Re: VCE Legal Studies Question Thread
Post by: waldo777 on August 10, 2011, 09:59:51 pm
Does judicial determination include arbitration? I have heard differing viewpoints!
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on August 10, 2011, 10:02:12 pm
Does judicial determination include arbitration? I have heard differing viewpoints!
hmm interesting question
arbitration is a hearing the magistrates court, but im fairly sure it doesnt count as judicial determination.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 10, 2011, 10:09:45 pm
Also, in arbitration, are there rules on evidence and procedure? or is it still as informal and flexible in it's nature as mediation?

No. There are no rules of evidence or procedure in arbitration. The only thing that differs is that the judge (the impartial third party) hears both parties' views/arguments and reaches a decision on behalf of the parties which is legally-binding, as opposed to the other ADRs.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on August 10, 2011, 11:04:16 pm
Legal Representation is also discouraged in Arbitration
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on August 11, 2011, 11:16:11 pm
Are you guys studying the process of Committal hearings and also criminal procedure even though it is not stated in the study design?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 12, 2011, 06:43:14 pm
Are you guys studying the process of Committal hearings and also criminal procedure even though it is not stated in the study design?

Yes, we are (cltf and I).
Title: Re: VCE Legal Studies Question Thread
Post by: cltf on August 12, 2011, 10:42:08 pm
Anyone want to give me a summary of committal mention, committal hearing and direction hearing in brief? The way the textbook explains it is so convoluted. :S
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 12, 2011, 10:50:02 pm
Anyone want to give me a summary of committal mention, committal hearing and direction hearing in brief? The way the textbook explains it is so convoluted. :S

Committal mention hearings deal with cases where the defendant has pleaded guilty to the charge. And hence subsequently, the case will be heard in a higher court for the offender to be sentenced. A normal committal hearing is used to determine whether there is sufficient evidence for a judge (and a jury) to convict the accused; prima facie case, in other words. A directions hearing is designed to identify the main issues of a case. Directions hearings have been introduced to reduce delays and costs associated with hearing indictable offences.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on August 13, 2011, 11:07:40 am
What is a Special Mention hearing??

thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 13, 2011, 06:30:15 pm
What is a Special Mention hearing??

thanks :)

A special mention hearing is similar to a committal mention hearing from my understanding; if the accused pleads guilty to all charges the magistrate can send him or her to sentencing or a trial in the County Court or Supreme Court. The difference between a committal mention and special mention hearing is that a committal mention hearing can involve a wider range of things. In a committal mention hearing, a normal committal hearing may be conducted as can a summary hearing - to determine whether the offence(s) can be heard summarily - whereas in a special mention hearing, this doesn't occur.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on August 13, 2011, 09:44:01 pm
Quick question - when a question asks you to evaluate the effectiveness of the adversary system of trial, do we refer specifically to some of the elements of a legal system (and discuss whether these elements are fulfilled) OR just go with strengths/weaknesses? Thanks :P
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 13, 2011, 09:55:31 pm
Quick question - when a question asks you to evaluate the effectiveness of the adversary system of trial, do we refer specifically to some of the elements of a legal system (and discuss whether these elements are fulfilled) OR just go with strengths/weaknesses? Thanks :P

Both? Try to incorporate elements of an effective legal system into your strengths. For example, the strict rules of evidence and procedure in the adversary system of trial ensure a fair and unbiased hearing, which both parties have to adhere to.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on August 14, 2011, 11:35:08 am
Thanks EPL.:P

Should I know the exact strengths and weaknesses of the inquisitorial system? Most of these are alluded to in the major features of the inquisitorial system and the comparison between the two types of systems, but should I know the exact ones? In the Justice & Outcomes book it is under 'going further' but in the Key Concepts it is part of the chapter, so I'm not sure if I need to know it. Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: cltf on August 14, 2011, 12:16:49 pm
Should I know the exact strengths and weaknesses of the inquisitorial system? Most of these are alluded to in the major features of the inquisitorial system and the comparison between the two types of systems, but should I know the exact ones? In the Justice & Outcomes book it is under 'going further' but in the Key Concepts it is part of the chapter, so I'm not sure if I need to know it. Thanks :)

You don't have to know the strengths and weaknesses of the Inquisitorial system, just the elements/ features of it. However, what you do need to know is features in the inquisitorial that could be applied into the Adversary system, to further improve it and why.
Title: Re: VCE Legal Studies Question Thread
Post by: cranberry on August 14, 2011, 04:48:24 pm
judicial determination = adversary system of trial = the courts.

arbitration is a win/lose scenario, which has less formal procedure than courts, whereby both sides' arguments/evidence/witnesses are heard by the arbitrator who decides the winner.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 14, 2011, 05:25:54 pm
Should I know the exact strengths and weaknesses of the inquisitorial system? Most of these are alluded to in the major features of the inquisitorial system and the comparison between the two types of systems, but should I know the exact ones? In the Justice & Outcomes book it is under 'going further' but in the Key Concepts it is part of the chapter, so I'm not sure if I need to know it. Thanks :)

You don't have to know the strengths and weaknesses of the Inquisitorial system, just the elements/ features of it. However, what you do need to know is features in the inquisitorial that could be applied into the Adversary system, to further improve it and why.

To add to what cltf said, you would more likely be asked to compare the two systems of trial; showing the differing contrasts between the two systems (i.e. their specific features). In other words, a comparative analysis. For example, how the role of the judge differs in each system of trial. What I've attached may help you.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on August 15, 2011, 03:50:39 pm
do we need to know all the specialist court divisions of the magistrates' court?

is knowing one sufficient? It isn't explicilty mentioned in the study design that we need to know the divisions, it just says jurisdictions of the magistrates' court, so im a little confused.

i'd take the time to learn them, but the word 'koori' really annoys me.

also, do we only need to know jurisdictions of state courts, or do we need to know about the high court as well?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 15, 2011, 05:19:44 pm
do we need to know all the specialist court divisions of the magistrates' court?

is knowing one sufficient? It isn't explicilty mentioned in the study design that we need to know the divisions, it just says jurisdictions of the magistrates' court, so im a little confused.

i'd take the time to learn them, but the word 'koori' really annoys me.

also, do we only need to know jurisdictions of state courts, or do we need to know about the high court as well?

Yes. Know at least one specialist court of the Magistrates' Court. Also on this point, note; the Family and Children's Court are technically NOT specialist courts of the Magistrates' Court. I lost marks for writing this on my SAC. They are just specialist courts. To be sure, the Drug and Koori Court are definitively specialist courts of the Magistrates' Court. To your second question, yes I would assume so. Though to be safe, learn the jurisdiction of the High Court. However unlikely, it may still be asked on a SAC or the exam.
Title: Re: VCE Legal Studies Question Thread
Post by: whitecatdisguised on August 17, 2011, 05:31:12 pm
What are some strengths and weaknesses of a pre-trial/trial procedures that help fair trial?
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on August 17, 2011, 07:42:04 pm
1. in what way are the burden of proof and the standard of proof essential elements of the adversary system? really dont get how to answer this..
2. why are the rules of evidence necessary for the adversary system to operate?
3. Why are some types of evidence privileged?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 17, 2011, 08:06:23 pm
1. in what way are the burden of proof and the standard of proof essential elements of the adversary system? really dont get how to answer this..
2. why are the rules of evidence necessary for the adversary system to operate?
3. Why are some types of evidence privileged?

1. It ensures a fair and unbiased hearing, where the accused is innocent until proven guilty. It provides a level/platform for which the prosecution has to prove the accused committed the crime(s) beyond all reasonable doubt (I'm assuming this is talking about criminal procedure).
2. It ensures a fair and unbiased hearing for the accused; that the accused can only be tried for what he/she has been charged with, not what has happened in the past. Generally hearsay evidence is not admissible for this reason, and propensity evidence can generally only be heard after the accused has been found guilty, when sentencing. This is a key element of an effective legal system; that individuals are given a fair and unbiased hearing.
3. Not exactly sure. Possibly, because it may assist the judge (and or jury) to reach a decision.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on August 17, 2011, 08:20:43 pm
Though to be safe, learn the jurisdiction of the High Court. However unlikely, it may still be asked on a SAC or the exam.

Hmm.. I don't think this would be necessary - if something's not on the study design, you can just read over it as it won't be examinable through any SACs or exams.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 17, 2011, 08:50:02 pm
Though to be safe, learn the jurisdiction of the High Court. However unlikely, it may still be asked on a SAC or the exam.

Hmm.. I don't think this would be necessary - if something's not on the study design, you can just read over it as it won't be examinable through any SACs or exams.

Not so sure about SACs. I remember having a question relating to the High Court on a SAC. I don't think my school exactly follows the study design to "the letter of the law" per se, since we've had a number of questions on SACs which otherwise the study design didn't mention in that specific AOS. May be dependent on the school I presume. In any case, my take on Legal Studies is to cover anything, because you can never be 100% sure with the sorts of questions VCAA can put on the exam.
Title: Re: VCE Legal Studies Question Thread
Post by: hotdog169 on August 18, 2011, 08:53:20 pm
im confused this year design on the inquisitorial trial, instead of the same features like the adversary, it has reliance on a legal code, rules to exclude exvidence etc. as the main features, do i need to know role of the parties, burdon of proof aswell ?? and my book has no strengths and weaknesses of the inquisitorial, does that mean we dont need to know?
Title: Re: VCE Legal Studies Question Thread
Post by: hotdog169 on August 18, 2011, 08:54:36 pm
oh and do we need to know another country's inquisitorial system like Germany?
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on August 18, 2011, 08:57:55 pm
oh and do we need to know another country's inquisitorial system like Germany?
im fairly sure the inquisitorial system is basically an idea/way of doing something, so it doesnt change from country to country. think of it like, democracy. In australia we have to vote our leaders, and democracy in america, we also have to vote our leaders. basically same jiff with inquis
i did although finish the chapter/coursework on adversary vs inquis, and no other countries were mentioned anyway
Title: Re: VCE Legal Studies Question Thread
Post by: hotdog169 on August 18, 2011, 08:59:54 pm
alright cheers, im using making and breaking the law and it contains Germany's trial and teacher said i needed to know it :S, maybe its just for the SAC. What about the key features and strengths and weaknesses? what are they in your book and is there any strength and weaknesses?
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on August 18, 2011, 09:06:30 pm
alright cheers, im using making and breaking the law and it contains Germany's trial and teacher said i needed to know it :S, maybe its just for the SAC. What about the key features and strengths and weaknesses? what are they in your book and is there any strength and weaknesses?
I use justice and outcomes, although i just had a quick read of your book.
it's the same as any othe inquisitorial system, they've just used Germany as an example.
For instance, you will not get a question saying 'what is the difference between the inquisitorial system in Germany, and in France'.
What you may be asked is, "evaluate the inquisitorial system, used in Germany, against the adversarial system of trial, used in australia'' or "does australia ever use the inquisitorial system of trial?'' - to which your answer is, "yes, the coroner's court is an example of this...."

edit: This is actually a two part question;
a) does anyone else despise justice and outcomes?
b) would you recommend me an alternate textbook   ;D?

- How are committal proceedings usually conducted?
- Describe two possible outcomes from a committal mention hearing.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 23, 2011, 09:43:23 pm
edit: This is actually a two part question;
a) does anyone else despise justice and outcomes?
b) would you recommend me an alternate textbook   ;D?

A) At least it's better than the 'Key Concepts' textbook in my opinion. The only thing I *despise* perhaps is that sometimes it goes into too much detail in certain parts - which isn't on the course.
B) I would try the 'Making and Breaking the Law' textbook for detailed info relating to AOS 2 (Unit 4).

I answered your other two questions on FB message.
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on August 27, 2011, 02:04:31 am
Anyone studying for Aos2 yet? If so, got any smart study tips for studying the FAT evaluation (fairness, access, timely) for CRIMINAL, CIVIL and ADVERSARY besides rote learning it to death? Because I feel really sorry for my brain.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on August 27, 2011, 07:54:41 pm
does unit four require cases as examples? all i can think of for examples are statistics really....
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 27, 2011, 08:32:39 pm
does unit four require cases as examples? all i can think of for examples are statistics really....

I don't think the question is whether "Unit 4 requires cases as examples?" - it's more-so "are there even any cases in Unit 4?!" I don't think you need to know any cases for Unit 4, seeing as it's not mentioned in the study design nor in any of the textbooks.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on August 27, 2011, 08:33:28 pm
does unit four require cases as examples? all i can think of for examples are statistics really....

I don't think the question is whether "Unit 4 requires cases as examples?" - it's more-so "are there even any cases in Unit 4?!" I don't think you need to know any cases for Unit 4, seeing as it's not mentioned in the study design nor in any of the textbooks.

mmmmm. J&O has so many examples at the end of everything I just wasn't sure :)
Title: Re: VCE Legal Studies Question Thread
Post by: cranberry on August 28, 2011, 02:24:28 pm
No examples so far for us, just the few acts (sentencing act, bail act, road safety act...)
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on August 29, 2011, 04:40:29 pm
can someone please clear this up for me: who determines the remedy in a civil case? is it the jury or judge if theres a jury?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 29, 2011, 04:49:18 pm
can someone please clear this up for me: who determines the remedy in a civil case? is it the jury or judge if theres a jury?

Depends on the remedy. The jury will award damages such as specific, general damages in a civil case. The judge will decide the other remedies such as order of specific performance and restitution.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on August 29, 2011, 04:58:16 pm
i have a question in regards to sanctions.
study design says • an overview of three types of sanctions and their specific purpose
are these three sanctions 'imprisonment, fines and CBOs' or 'adjournment, fines and CBOs' or something else?
also, do we need to know about 'deferred sentencing', youth justice orders and suspended sentences? or is that all irrelevant?

edit: actually nevermind, according to A+ notes, it can be any three. ill stick to imprisonment, fines and CBOs since i already know them :)
Title: Re: VCE Legal Studies Question Thread
Post by: cranberry on August 29, 2011, 05:25:36 pm
i have a question in regards to sanctions.
study design says • an overview of three types of sanctions and their specific purpose
are these three sanctions 'imprisonment, fines and CBOs' or 'adjournment, fines and CBOs' or something else?
also, do we need to know about 'deferred sentencing', youth justice orders and suspended sentences? or is that all irrelevant?

edit: actually nevermind, according to A+ notes, it can be any three. ill stick to imprisonment, fines and CBOs since i already know them :)

Was abit worried today when adjournment wasn't in the 4 sanctions we could describe on our sac today!...luckily we only had to describe two of the four, so imprisonment and fines it was! PHEW>>>....
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on August 29, 2011, 06:08:37 pm
legal studies is so much less daunting when you stick to the study design. :D
course should be finished in 3 days :D
then revision :D
:D
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on September 04, 2011, 10:50:51 pm
tear apart the constitution aos. the questions they can ask on that are by far the hardest possible (closely followed by effectiveness of the legal system when worded awkwardly). the reason is a lot of the questions have different answers depending who you ask. for example a critical evaluation of the constitution in protecting h&d rights is given a different answer in vcaa assessment reports than most textbooks explain.

i did the subject last year, and even though the course has been tweaked, the fundamentals are the same. the constitution is the hardest part, even though you might not have gotten that when actually studying it (that's why you need to tear it apart because theres a lot more they can ask than you might first think)
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on September 04, 2011, 11:11:16 pm
tear apart the constitution

 :o :o But I'll go to jail! :'(

lol sorry just felt like saying something stupid  :P
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on September 05, 2011, 06:27:13 pm
lol weird, i made that exact same joke when my teacher said it to me!
Title: Re: VCE Legal Studies Question Thread
Post by: hotdog169 on September 07, 2011, 03:12:29 pm
I've got a question for 10 marks that says "The adversary trial is faultless and cannot be improved, discuss this statement and indicate to to the extent to which your agree?" i assume im gonna be mentioning strnegths and weaknesses of all five features then on the same paper i have a question for 8 marks thats says "the adversary is not perfect and could be improved" discuss wheather you agree and list two possible improvements"? how would i tackle that , would that just be mentioning the weaknesses with 2 improvements? and also another question im having problems with is for 10 marks "The adversary trial been used for criminal cases provides for a effective legal ssytem discuss if you agree and include 2 elements of a effective legal system"? how would i tackle that? any help?
Title: Re: VCE Legal Studies Question Thread
Post by: MJRomeo81 on September 07, 2011, 04:11:09 pm
It's strange that you have both of these questions on the same paper.

I've got a question for 10 marks that says "The adversary trial is faultless and cannot be improved, discuss this statement and indicate to to the extent to which your agree?"
As you said, you will want to discuss strengths and weaknesses. I was going to say mention reforms, but your next question kinda covers it...

then on the same paper i have a question for 8 marks thats says "the adversary is not perfect and could be improved" discuss wheather you agree and list two possible improvements"?
Yep here you're agreeing by stating weaknesses and discussing several reforms that can enhance the effectiveness of the adversary system. The textbook Justice and Outcomes has a sub-chapter on reforms.

and also another question im having problems with is for 10 marks "The adversary trial been used for criminal cases provides for a effective legal ssytem discuss if you agree and include 2 elements of a effective legal system"?
Effective legal system =
1: Entitlement to a fair and unbiased hearing
2: Effective access to the legal system
3: Timely resolution of disputes

So here we are agreeing with the question and out of the three elements above, select two. The key words in this question are "criminal cases". I would be discussing committal hearings and how direct indictment speeds up cases (for a timely resolution). You can also say that the purpose of a committal hearing speeds things up (since the process determines if the case is a prima facie case, that is, whether the evidence is sufficient to support a conviction by jury at trial).
Title: Re: VCE Legal Studies Question Thread
Post by: hotdog169 on September 07, 2011, 06:40:14 pm
thanks MJRomeo81, back to the second question it tells me to mention two possible reforms, so would i assume a weakness and a reform to that would be 4 marks another weakness (in detail of course) plus its improvement could be another 4 (e.g weaknesses of role of the judge then the improvement to that is increasing the role of the judge) ?
Title: Re: VCE Legal Studies Question Thread
Post by: MJRomeo81 on September 07, 2011, 07:05:43 pm
 The question says two possible reforms, so by that logic and marking scheme I'd do exactly as you said. As long as you discuss the weaknesses in great depth you should be fine.

It is a tricky question so take your time with it.
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on September 07, 2011, 08:19:32 pm
make sure your reform matches up with the weakness. i know it sounds silly, but most people just chose any weakness and any reform. it needs to be a reform for that weakness.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on September 24, 2011, 10:34:58 pm
Question. It relates to the Insight 2009 exam.

'Explain the role of the jury in a criminal trial and assess the extent to which juries help contribute to the effective operation of the legal system, by making reference to two of the elements of an effective legal system.' (8 marks)

The bit in bold is confusing me quite a bit. I know one point/argument that I can link to 'fair and unbiased hearing' (that is, they provide for a cross-section of the community etc.), but I can't seem to find another element to link to (with a strong argument for). If I've interpreted the question correctly, it's asking for what two elements can be linked to juries in which they contribute to an effective legal system. I'm finding this question to be quite ambiguous; hence any help would be greatly appreciated.
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on September 25, 2011, 12:05:39 am
Question. It relates to the Insight 2009 exam.

'Explain the role of the jury in a criminal trial and assess the extent to which juries help contribute to the effective operation of the legal system, by making reference to two of the elements of an effective legal system.' (8 marks)

The bit in bold is confusing me quite a bit. I know one point/argument that I can link to 'fair and unbiased hearing' (that is, they provide for a cross-section of the community etc.), but I can't seem to find another element to link to (with a strong argument for). If I've interpreted the question correctly, it's asking for what two elements can be linked to juries in which they contribute to an effective legal system. I'm finding this question to be quite ambiguous; hence any help would be greatly appreciated.

this is a good question, and very likely as it covers multiple areas of the of the course and gives people the opportunity to boast knowledge. now this question is from the previous study design, where you were taught 4 elements of an efffective legal system (the 4th being the reflection of prevailing social values and basic human rights). this 4th element was taken out because there were only a few things that related to it, the main thing being the jury system. so now that it doesnt exist according to the study design, you can't use that one, which is what the question would have been looking for (along with fair and unbiased hearing).
in actual fact, the jury system generally hinders the other elements for various reasons. For example, the fact that evidence must be explained comprehensively to jurors in the simplest manner means that the timely resolution of disputes is impeded.
However, you could talk about how the jury provides effective mechanisms of access through this, because evidence (and the trial as a whole for that matter) is conducted in a people-friendly, comprehensible, intelligible way, which allows the average individual to access the law as one with no legal background can readily understand what is happening. With no jury, there would likely be excessive amounts of complex evidence, legal jargon, and confusing arguments presented.

another point for fair and unbiased hearing is that the the prejudice of a single juror is counterbalanced by the remainder of the jury panel. thus, the ideas spawned from without the trial are not given the opportunity to blossom or influence the legal fate of the defendant. in effect, this ensure a fair and unbiased hearing.

also, you could talk about, like you said, the fact that one's getting tried by their peers - people with the same legal standing - safeguards fairness in that the biases that may be associated with legal professionals are absent in the jury panel. This is ensured by the various exemptions that prevent certain people from being placed on a jury (if you need to fill space, you can explain this in a little more detail...but not too much ;) )

hope this helps

Title: Re: VCE Legal Studies Question Thread
Post by: StephenBM on September 29, 2011, 01:42:26 pm
Need some help with the following, wasn't in any of my text books.

Strengths and weaknesses of the VLRC in assessing the need for a change in the law?

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: Cappuccinos on September 29, 2011, 02:12:37 pm
Need some help with the following, wasn't in any of my text books.

Strengths and weaknesses of the VLRC in assessing the need for a change in the law?

Thanks!

Are you using Key Concepts in Legal Studies? Hahah

Anyway here's a page from Justice and Outcomes (see attached) :)

Title: Re: VCE Legal Studies Question Thread
Post by: StephenBM on September 29, 2011, 02:33:38 pm
Hahaha

Thanks for mocking...and the help!!
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on October 02, 2011, 06:07:58 pm
Hi
Doctrine of precedent is confusing me.. does disapproving only exist for lower courts or can higher courts disapprove a lower court? Because what's the point of a higher court disapproving when they could just overrule? Also can disapproving set a precedent? (In A+ notes or somewhere I read that it could, but in some places it says it's only ever binding or obiter dictum)
Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on October 02, 2011, 06:41:11 pm
Hi
Doctrine of precedent is confusing me.. does disapproving only exist for lower courts or can higher courts disapprove a lower court? Because what's the point of a higher court disapproving when they could just overrule? Also can disapproving set a precedent? (In A+ notes or somewhere I read that it could, but in some places it says it's only ever binding or obiter dictum)
Thanks

Disapproving only exists for lower courts. For example, the Magistrates' Court can disapprove a precedent set in the Victorian Supreme Court - but are still bound to follow it. Disapproving does not create a new precedent. However, the disapproving comments which are made in the obiter dictum, can result in the change in the law (i.e. Trigwell case).
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 03, 2011, 06:57:58 pm
Hi
Doctrine of precedent is confusing me.. does disapproving only exist for lower courts or can higher courts disapprove a lower court? Because what's the point of a higher court disapproving when they could just overrule? Also can disapproving set a precedent? (In A+ notes or somewhere I read that it could, but in some places it says it's only ever binding or obiter dictum)
Thanks

this is a bit of an ambiguous area as different resources (as you've found) say different things. i remember having the same problem. after talking to many people in the legal profession, i concluded that any court can disapprove (from Magistrate's Court, to the High Court) Generally it is only inferior courts that disapprove precedents which they are bound to, however the High Court can disprove legislation, which Parliament can then take into account.
also, it's not 'the obiter dictum' it's either "comments made in passing obiter" or "comments made in obiter dictum" (just to show examiners you know what the word means, not just the legal use of it for that extra bit of easiness when they mark you exam)
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on October 03, 2011, 11:08:08 pm
Thanks for the clarification - also guys I really need clarification on this too
One of my strengths for VCAT is the existence of a binding decision
However i'm aware VCAT facilitates a variety of ADR, of which some is not binding such as mediation. But in the a+ notes it says 'decisions made by vcat members' is a form of Judicial determination.. but isn't judicial determination binding which means mediation wouldn't be binding if done by a vcat member?
So are all VCAT's decisions binding or only arbitration in vcat?
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on October 03, 2011, 11:21:48 pm
Thanks for the clarification - also guys I really need clarification on this too
One of my strengths for VCAT is the existence of a binding decision
However i'm aware VCAT facilitates a variety of ADR, of which some is not binding such as mediation. But in the a+ notes it says 'decisions made by vcat members' is a form of Judicial determination.. but isn't judicial determination binding which means mediation wouldn't be binding if done by a vcat member?
So are all VCAT's decisions binding or only arbitration in vcat?

it's only arbitration which is binding.
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 04, 2011, 12:49:47 am
Thanks for the clarification - also guys I really need clarification on this too
One of my strengths for VCAT is the existence of a binding decision
However i'm aware VCAT facilitates a variety of ADR, of which some is not binding such as mediation. But in the a+ notes it says 'decisions made by vcat members' is a form of Judicial determination.. but isn't judicial determination binding which means mediation wouldn't be binding if done by a vcat member?
So are all VCAT's decisions binding or only arbitration in vcat?


judicial determination is referring to arbitration. VCAT mainly uses arbitration to settle the more serious disputes, and so the decision is binding in those cases. however when mediation/negotiation/conciliation can be employed, they are, and in those instances, the decision (as you know) is not binding. So VCAT does a number of things, you can't say all are binding or all aren't - it's both.
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on October 04, 2011, 10:18:15 am
Thanks
So ultimately - am I allowed to just use my knowledge of strengths and weaknesses from ADR methods such as mediation to evaluate VCAT or do they want emphasis on arbitration?
Like for example a strength would be lack of strick rules of procedure.. a weakness to this would be unsuitable for parties with imbalanced power in methods such as mediation when there's negotiation?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on October 04, 2011, 10:58:52 am
Thanks
So ultimately - am I allowed to just use my knowledge of strengths and weaknesses from ADR methods such as mediation to evaluate VCAT or do they want emphasis on arbitration?
Like for example a strength would be lack of strick rules of procedure.. a weakness to this would be unsuitable for parties with imbalanced power in methods such as mediation when there's negotiation?

Yes. The example you've given is acceptable. A strength of VCAT is that it provides for an informal atmosphere as the strict rules of evidence and procedure are loosened etc.; however a corresponding weakness is that one party may dominate the other party - leading to an unjust outcome, because the other party may compromise too much. Make sure you explain it in sufficient detail to get the marks. When discussing strengths/weaknesses of VCAT you can refer to mediation/conciliation/arbitration.
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 04, 2011, 11:44:46 am
Thanks
So ultimately - am I allowed to just use my knowledge of strengths and weaknesses from ADR methods such as mediation to evaluate VCAT or do they want emphasis on arbitration?
Like for example a strength would be lack of strick rules of procedure.. a weakness to this would be unsuitable for parties with imbalanced power in methods such as mediation when there's negotiation?


Yeah, what you need to do is just think about it as a real life situation. if you think something would be a strength in real life, explain in what circumstance and why it is advantageous.
for example, tribunals such as VCAT are often much cheaper than other forms of dispute resolution, such as litigation. This is because legal representation is generally not used, and so a range of people are able to gain access to this mechanism of achieving justice (linking it to an effective legal system which is always good for unit 4 evaluations). HOWEVER (the big however is what makes it an evaluation), sometimes in more complex cases, the cost of tribunal settlement can become very expensive if the case goes on for a long period, particularly if evidence needs to be gathered. (to make it a critical evaluation -which you should always do even if it asks for just an evaluation) While this diminishes the financial effectiveness of VCAT, it is overshadowed by the comparative difference to the cost of litigation. (and here's the concluding statement) As such, VCAT is overall effective as a dispute settlement body, because  it is more financially viable for many cases than court settlement.

Textbooks don't set the strengths and weaknesses up like that (A+ notes comes close but still not quite), so you need to take the txtbook info as just a pool of information and mix and match whatever you see as sensibly fit.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on October 04, 2011, 12:03:03 pm
judicial determination is referring to arbitration. VCAT mainly uses arbitration to settle the more serious disputes, and so the decision is binding in those cases. however when mediation/negotiation/conciliation can be employed, they are, and in those instances, the decision (as you know) is not binding. So VCAT does a number of things, you can't say all are binding or all aren't - it's both.
I thought judicial determination was just taking to a matter to court / and was different from arbitration?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on October 04, 2011, 12:14:24 pm
judicial determination is referring to arbitration. VCAT mainly uses arbitration to settle the more serious disputes, and so the decision is binding in those cases. however when mediation/negotiation/conciliation can be employed, they are, and in those instances, the decision (as you know) is not binding. So VCAT does a number of things, you can't say all are binding or all aren't - it's both.
I thought judicial determination was just taking to a matter to court / and was different from arbitration?

They are different. Judicial determination is as you say, taking a matter to court. Arbitration is used as a last-resort method in VCAT, when mediation/conciliation etc. hasn't worked. The only real difference between the two methods is the issue of costs. Generally, using judicial determination is significantly more expensive than going through arbitration (VCAT).
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on October 04, 2011, 12:31:56 pm
So I could say a corresponding weakness to costs for VCAT is the fact that mediation could fail and increase costs if arbitration is used; which could involve a party bringing legal rep which forces the other to bring legal rep too?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on October 04, 2011, 12:51:15 pm
So I could say a corresponding weakness to costs for VCAT is the fact that mediation could fail and increase costs if arbitration is used; which could involve a party bringing legal rep which forces the other to bring legal rep too?

Yes. With mediation/conciliation, there may be a lack of finality - as the outcome of the two ADRs are not legally-binding. Keep in mind that there is a right to appeal from VCAT (to the Victorian Supreme Court), or to the Court of Appeal if it's from the president/vice-president of VCAT. And that only increases time and costs for the parties.
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on October 04, 2011, 01:32:45 pm
Also when describing a referendum for example the 1967 aboriginal one.. must I include section numbers or is a description suffice? I've read past reports and they seem to note that numbers etc. aren't necessary for a top response
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on October 04, 2011, 04:41:40 pm
Also when describing a referendum for example the 1967 aboriginal one.. must I include section numbers or is a description suffice? I've read past reports and they seem to note that numbers etc. aren't necessary for a top response

No, you don’t have to. If you can clearly explain what the 1967 referendum was and its’ effect; then that is enough. Quoting correct sections of the Constitution shows a greater depth of knowledge, but that’s really it. You don’t get any more marks for quoting the correct section than an answer which explains everything succinctly.
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 04, 2011, 06:19:14 pm
Also when describing a referendum for example the 1967 aboriginal one.. must I include section numbers or is a description suffice? I've read past reports and they seem to note that numbers etc. aren't necessary for a top response


No, you don’t have to. If you can clearly explain what the 1967 referendum was and its’ effect; then that is enough. Quoting correct sections of the Constitution shows a greater depth of knowledge, but that’s really it. You don’t get any more marks for quoting the correct section than an answer which explains everything succinctly.

you never need to actually quote the constitution (that would be unreasonable) you can just paraphrase. that's when your referring to a particular case.
you do however need to know the sections and sub sections for specific constitutional cases mentioned in the study design, for example how interpretation has changed the division of powers, s109, s128, the sections that restrict the cth, the referral power section (cant remember it off the top of my head) and any others where the actual section is what the question is about, not just an example .
so i think you should make the effort to remember them. when you have memorised them (after a little rote work), i think it helps remember things anyway because you can associate a single number to a big chunk of information
Title: Re: VCE Legal Studies Question Thread
Post by: whitecatdisguised on October 04, 2011, 08:46:25 pm
What's the relationship that exists between the Upper house and Lower house of both the Commonwealth/Victorian Parliament?
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on October 04, 2011, 09:05:52 pm
Bills from the lower house pass to the upper house, the upper house acts as a house of review and can reject the bill
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on October 05, 2011, 09:24:02 pm
Just for info can soemone explain to me what happens if a commital hearing determines there's insufficient evidence to proceed?
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 06, 2011, 12:51:09 am
Just for info can soemone explain to me what happens if a commital hearing determines there's insufficient evidence to proceed?

one of 2 things:
a)  the prosecution goes and gathers more evidence until they have a prima facie case (sufficient evidence for conviction)
b) the charge is dropped

depends on the type of crime. only less serious ones get dropped
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 06, 2011, 12:52:43 am
Bills from the lower house pass to the upper house, the upper house acts as a house of review and can reject the bill

it's not always senate reviewing  the house. make sure you write 'usually' when you write that
Title: Re: VCE Legal Studies Question Thread
Post by: bodriagin on October 08, 2011, 07:18:47 pm
Hi guys/girls,

I'm sure this has been posted PLENTY of times but I'm still unsure.

What exactly IS judicial determination?

Is it a form of ADR or is it actual court resolution (taking a civil matter to court)?

I really do need a full explanation of it because there's been so many different responses from so many sources that I have read. There's also an extremely confusing flowchart in my textbook (Key Concepts in VCE Legal Studies) that shows judicial determination being used in criminal disputes, when above it, it clearly states that it can only be used in civil disputes.

I'M SO CONFUSED!
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 08, 2011, 08:54:02 pm
Hi guys/girls,

I'm sure this has been posted PLENTY of times but I'm still unsure.

What exactly IS judicial determination?

Is it a form of ADR or is it actual court resolution (taking a civil matter to court)?

I really do need a full explanation of it because there's been so many different responses from so many sources that I have read. There's also an extremely confusing flowchart in my textbook (Key Concepts in VCE Legal Studies) that shows judicial determination being used in criminal disputes, when above it, it clearly states that it can only be used in civil disputes.

I'M SO CONFUSED!

as i understand it, judicial determination is VCAA's way of saying court resolution.  It only refers to civil disputes, NOT criminal. My reasons for saying this come from the study design. If you type in judicial determination in the search bar in the study design's pdf, in the unit 2 section it explicitly states that it's for civil disputes only. I think they just assume that people carry on from that to unit 4. Also, the fact that in the dot point on your study design, it says 'dispute resolution methods used by the courts and VCAT'. it wouldn't say 'and VCAT' if it was referring to criminal as well. They seemed to have clumped it all together, which implies theyre talking about the common cases between VCAT and the courts.
It's not a form of ADR, because i believe the study design has discarded that term, but even if it hadn't, judicial determination would be the DR without the A if you get what i mean. conciliation, mediation, arbitration are the alternatives to it..but judicial determination itself is not an alternative, it's the actual thing (sorry if this is unclear)

If you're saying that every resource has something different, i don't think VCAA will include a question on it until the books are amended, so don't stress too much. but just for your own peace of mind, it's only civil, and it's not ADR, it's the main means of dispute resolution through the courts, and can be used in VCAT when it's the president (who is part of the judiciary) who is hearing the case.

hope this helps!
Title: Re: VCE Legal Studies Question Thread
Post by: bodriagin on October 08, 2011, 10:21:56 pm
So is jury use possible in judicial determination?

If I decided to take my civil dispute that was worth $80,000 straight to the Magistrates' Court, instead of going through VCAT, would this be judicial determination OR would it be court resolution?

What would the strengths and weaknesses of judicial determination be? Would it just be a comparison between VCAT and NORMAL court resolution (VCAT is less costly than court resolution) or would it have its own separate strengths and weaknesses (JD is cheaper than traditional court resolution but more expensive than ADR provided by VCAT - is it?)? My textbook definitely has no clear analysis of judicial determination.

The question I'm referring to is from the sample questions published by VCAA.

"Explain one strength and one weakness of judicial determination as a method of dispute resolution."




Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 09, 2011, 01:00:20 am
So is jury use possible in judicial determination?

If I decided to take my civil dispute that was worth $80,000 straight to the Magistrates' Court, instead of going through VCAT, would this be judicial determination OR would it be court resolution?

What would the strengths and weaknesses of judicial determination be? Would it just be a comparison between VCAT and NORMAL court resolution (VCAT is less costly than court resolution) or would it have its own separate strengths and weaknesses (JD is cheaper than traditional court resolution but more expensive than ADR provided by VCAT - is it?)? My textbook definitely has no clear analysis of judicial determination.

The question I'm referring to is from the sample questions published by VCAA.

"Explain one strength and one weakness of judicial determination as a method of dispute resolution."






Yes to jury. JD refers to the court resolution process as a whole. Think of it as synonymous with court resolution

 If you're asked for an evaluation (or strength/weakness which is slightly easier to do) of JD only, like that VCAA question, then these strengths/weaknesses would be ones purely of the courts (which would of course include some of the adversary system ones). for example: strict rules of procedure ensure fairness as no party can hold greater weight than another during  the resolution process (you fluff it up to make it sound nicer); the strict rules of evidence ensure fairness by prohibiting evidence that might be flawed from influencing resolutions. Weaknesses you could talk about costs (used as an umbrella term for financial, time, emotional/psychological cost), no win/win resolution obtained and so animosity is likely to be created, rules of evidence mean some crucial evidence may not be brought to the fore.

if you look at a past textbook called Making and Breaking the Law (purple cover), they have a nice little table of this in the later chapters (it's light blue -to make looking a bit easier)  that summarizes strengths and weaknesses of court resolution (which you can rename JD), ADR, and tribunals. work off that for your advtg./disadvtg.s

also, just so you know, a civil case worth $80 000 would not be able to go to VCAT, you don't have a choice.
Title: Re: VCE Legal Studies Question Thread
Post by: bodriagin on October 10, 2011, 01:17:19 am
Thank you so much. I love you.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on October 10, 2011, 01:27:43 pm
question ; do we need to know what the 'residential tenancies list' is and its jurisdiction?
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 10, 2011, 04:37:13 pm
Thank you so much. I love you.

hahahaaa no worries buddy. keep the questions coming ;)
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 10, 2011, 04:47:01 pm
question ; do we need to know what the 'residential tenancies list' is and its jurisdiction?

no, I'm pretty sure that was discarded by VCAA (fortunately too! that was the one part of legal i actually hated). In the past when it's required they actually explicitly say it in the study design. They wouldn't actively take it out and still expect it to be known.
also, if they wanted jurisdictions of particular lists, they'd have to specify which, because there are very very very many!
so all this tells me no, you don't need to :)
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on October 10, 2011, 05:17:10 pm
There is an added emphasis placed on the role and functioning of VCAT in the new study design, rather than recalling copious amounts of jurisdictions for each List/Division.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on October 13, 2011, 03:30:49 pm
oh okay, yea i also emailed vcaa. they said:


Hi ****
 
Re: I wanted to know whether it is compulsory knowing all the lists under VCAT is required of the course? For example, under the civil lists there is the residential tenancy list....

- Unit 4 Area of study 1 requires students to know the ‘role of VCAT’ as well as the dispute resolution methods used by VCAT, the strengths and weaknesses of the methods and strengths and weaknesses of the way VCAT operates to resolve disputes.
 Of course, teachers may use the VCAT lists to explain the role and the way VCAT operates. However, the examination will not specifically ask a question about VCAT lists.

awesome
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on October 17, 2011, 06:04:39 pm
Hello friends.

Evaluate my evaluation please :) Pretty much made this question up, let's say 10 marks. Will do a few more.


Quote
Compare the adversary system to the inquisitorial system and through this, evaluate the effectiveness of the adversarial system of trial.

The adversary system of trial is where parties aim to win a case in front of an impartial, independent arbiter, and is the system primarily used in Australia. The inquisitorial system is an alternative system of trial where the judge leads an inquiry on a case to ensure the truth emerges.

The adversarial and inquisitorial systems of trial differ in terms of the roles of the parties. In the adversarial system, there is ‘party control’ whereby parties investigate the proceedings and facts of a case and decide which facts are to be brought before the court. The inquisitorial system does not have this in place and instead parties respond to the court. Party control can be seen as a strength of the adversarial system as it allows them to feel in control of the situation and thus responsible for the outcome of the trial. It ensures a competitive spirit and a person who has an opportunity to fight for their case is more likely to be satisfied with the outcome. However, by having parties compete a sense of animosity can arise instead of peacefully resolving an issue. Moreover, the fact that parties decide which evidence is called up means that vital evidence may not be seen as it does not necessarily aid that party’s case, even though it is relevant to the trial.

Another difference between the two systems is the role of the judge. In the adversary system, the judge must act as an impartial umpire and cannot favour either side. They ensure the rules of evidence and procedure are followed. In the inquisitorial system the judge has a more active role as they lead the inquiry and decide what evidence is to be called up. The role of the judge in the adversary system ensures that a trial is fair as they enforce the rules of evidence and procedure. However, it does not utilise a judge’s expertise to their full extent as they must remain impartial throughout proceedings. The inquisitorial system makes better use of a judge’s skills and expertise but in doing so, potentially reduces the unbiased nature of a judge and may make a trial unfair.

In the adversary system, legal representation is necessary due to the complex and competitive nature. Whilst party control dictates that individuals can decide whether or not they have representation, the rules of evidence and procedure can be confusing. The need for legal representation ensures that the parties have the opportunity to present their best possible case. The inquisitorial system does not rely on legal representation and it may even be disallowed in some circumstances. Legal representation instead plays a more advisory role as the judge leads proceedings. A weakness of legal representation is that it is highly costly and the party that can afford better and more skilled lawyers may have an advantage.

The two systems also differ in terms of rules of evidence and procedure. The adversarial system has strict rules that promote consistency and that all parties are treated alike. Similarly, the reliance on oral evidence allows mechanism to decide on the sincerity of witnesses through cross-examination. However, this can lengthen the course of a case, especially as witnesses can lead to delays. The inquisitorial system relies on written evidence and has no formal standard of proof and less stringent rules of procedure. However, unlike in the adversarial system, this cannot be cross-examined. As such, whilst the adversarial system may have greater delays through this, evidence is analysed more thoroughly and party’s rights are better enforced through the rules.

The adversarial system of trial differs from the inquisitorial system in terms of the role of the judge and parties, the rules of evidence and procedure and whether or not legal representation is necessary. The former’s rigid rules of evidence, party control, unbiased nature of judges and necessity of legal representation may lead to lengthy and costly trials, but they ensure a fair hearing.
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 17, 2011, 06:48:09 pm
Hello friends.

Evaluate my evaluation please :) Pretty much made this question up, let's say 10 marks. Will do a few more.


Quote
Compare the adversary system to the inquisitorial system and through this, evaluate the effectiveness of the adversarial system of trial.

The adversary system of trial is where parties aim to win a case in front of an impartial, independent arbiter, and is the system primarily used in Australia. The inquisitorial system is an alternative system of trial where the judge leads an inquiry on a case to ensure the truth emerges.

The adversarial and inquisitorial systems of trial differ in terms of the roles of the parties. In the adversarial system, there is ‘party control’ whereby parties investigate the proceedings and facts of a case and decide which facts are to be brought before the court. The inquisitorial system does not have this in place and instead parties respond to the court. Party control can be seen as a strength of the adversarial system as it allows them to feel in control of the situation and thus responsible for the outcome of the trial. It ensures a competitive spirit and a person who has an opportunity to fight for their case is more likely to be satisfied with the outcome. However, by having parties compete a sense of animosity can arise instead of peacefully resolving an issue. Moreover, the fact that parties decide which evidence is called up means that vital evidence may not be seen as it does not necessarily aid that party’s case, even though it is relevant to the trial.

Another difference between the two systems is the role of the judge. In the adversary system, the judge must act as an impartial umpire and cannot favour either side. They ensure the rules of evidence and procedure are followed. In the inquisitorial system the judge has a more active role as they lead the inquiry and decide what evidence is to be called up. The role of the judge in the adversary system ensures that a trial is fair as they enforce the rules of evidence and procedure. However, it does not utilise a judge’s expertise to their full extent as they must remain impartial throughout proceedings. The inquisitorial system makes better use of a judge’s skills and expertise but in doing so, potentially reduces the unbiased nature of a judge and may make a trial unfair.

In the adversary system, legal representation is necessary due to the complex and competitive nature. Whilst party control dictates that individuals can decide whether or not they have representation, the rules of evidence and procedure can be confusing. The need for legal representation ensures that the parties have the opportunity to present their best possible case. The inquisitorial system does not rely on legal representation and it may even be disallowed in some circumstances. Legal representation instead plays a more advisory role as the judge leads proceedings. A weakness of legal representation is that it is highly costly and the party that can afford better and more skilled lawyers may have an advantage.

The two systems also differ in terms of rules of evidence and procedure. The adversarial system has strict rules that promote consistency and that all parties are treated alike. Similarly, the reliance on oral evidence allows mechanism to decide on the sincerity of witnesses through cross-examination. However, this can lengthen the course of a case, especially as witnesses can lead to delays. The inquisitorial system relies on written evidence and has no formal standard of proof and less stringent rules of procedure. However, unlike in the adversarial system, this cannot be cross-examined. As such, whilst the adversarial system may have greater delays through this, evidence is analysed more thoroughly and party’s rights are better enforced through the rules.

The adversarial system of trial differs from the inquisitorial system in terms of the role of the judge and parties, the rules of evidence and procedure and whether or not legal representation is necessary. The former’s rigid rules of evidence, party control, unbiased nature of judges and necessity of legal representation may lead to lengthy and costly trials, but they ensure a fair hearing.

I just skimmed, it's quite good.  I'll go through thoroughly now and comment on things as i go read it:

okay, just a small fyi type thing, the extended response on the exam will be a critical evaluation, not just an evaluation.

Im going to talk about paragraphs not including intro (para 1 is the first body paragraph)

in your first paragraph, you've kind of compared, then forgotten about the inquisitorial system. The question says "through this", and even if it didn't, a question regarding both the inquis. and advers. system comparison AND evaluation implies that it's looking for an evaluation through the comparison. Don't just state a difference/similarity, then evaluate the adversary system alone. Keep coming back to the comparison. for example, at the end of the first paragraph, add a little line to it like 'this contrasts with the inquis. system of trial, where animosity is less likely as the judge mainly conducts the trial, and all evidence is considered, ensuring a greater chance of justice being served".

don't forget you need to keep coming back to whether justice can be served easily or if it's hindered, because that's the purpose of a trial (even though it's not really spoken about in textbooks) always come back to serving justice.

also just a little thing, don't use "ensures a competitive spirit" as a strength. It's not a strength. it's just something that happens and can be taken as either good or bad depending on who you are. it's not worth mentioning there are other things you can say.

end the second paragraph with something going back to adversary evaluation, like "The inquisitorial system makes better use of a judge’s skills and expertise through his/her active role. In this respect the adversary system can be seen as disadvantageous, however this aspect of the inquis trial potentially reduces the unbiased nature of a judge and may make a trial unfair - a strength of the adversary trial where fairness is strictly enforced'

third para, again, don't just compare, then forget about what you compared and just say "a  weakness of legal rep...". you've just explained something- use that to evaluate, and don't forget you're evaluating the adversary system, not legal representation.  fixing this is as simple as saying, instead of "a weakness of legal rep...", maybe "this is a weakness of the advers system because legal rep is costly etc..."

your 4th paragraph only has one flaw i can see - after the word "cross-examination", you should include  some reference to the effectiveness, like "... -a great strength of the system". then "however, this strength is somewhat diminished as it can lengthen..."

you're conclusion is redundant. it is a waste. unlike english, you don't have to summarise what you said.  a much much better way to end is to focus on the evaluation side of it. a short 1-2 sentences after the first fraction of what you already have about them being different (just before you get into how - "..in terms of..") instead of the bit including and following "in terms of...", start a new sentence and make a conclusive statement about how "while the adversary system is flawed, and while these flaws are often strong points of the inquis system, the adversarial trial is still ultimately effective, as it's strengths overshadow its limitations"


i'd give it about a 7 or so. you're content is all there, you just need to reword things to answer the question more explicitly. and remember, any question where there's explain/define/list  AND evaluate, the main part of it is the evaluate.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on October 17, 2011, 06:54:47 pm
Brilliant, you are correct. Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on October 18, 2011, 09:00:10 pm
What is the difference between overruling and reversing? I'm not quite sure of the difference, it seems a little ambiguous to me
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on October 18, 2011, 09:04:27 pm
What is the difference between overruling and reversing? I'm not quite sure of the difference, it seems a little ambiguous to me

Reversing is with appeals and the DoP.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on October 18, 2011, 09:07:38 pm
Overruling is a judge deciding that a case has a different precedent than that set in another case at a lower court.
Reversing is the same, but the in SAME case, on appeal, is ruled by a superior court that a lower court wrongly decided the decision.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on October 19, 2011, 12:17:08 am
Discuss why parliament retains the power to abrogate or codify law made by courts. (4 marks)


also:

‘The only effective way to influence parliament is through the Victorian Law Reform Commission.’
a.   Do you agree? In your answer, evaluate how effective demonstrations are in influencing parliament to change the law. (4 marks)

^ what aspects of that question would you discuss in your answer? (just briefly if you could)

also:
Briefly, how do juries hepl achieve effective access to the legal system?
i cant see how they in anyway increase accessibility to the legal system..
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on October 19, 2011, 02:12:39 pm
Alright, thought of something interesting. .
When there is disapproval of a precedent by a judge in the same court - both precedents remain intact until a judge from the higher court has to make the decision right?
But what if this disapproval Is in the high court?
Does that just mean new judges will come and go disapproving as they wish and no real precedent is made?

Edit: in regards to
judicial determination it does In actuality refer to using courts
for BOTH civil and criminal cases, not as billius has previously mentioned
Title: Re: VCE Legal Studies Question Thread
Post by: RandomEgg on October 19, 2011, 05:43:59 pm
Discuss why parliament retains the power to abrogate or codify law made by courts. (4 marks)


also:

‘The only effective way to influence parliament is through the Victorian Law Reform Commission.’
a.   Do you agree? In your answer, evaluate how effective demonstrations are in influencing parliament to change the law. (4 marks)

^ what aspects of that question would you discuss in your answer? (just briefly if you could)

also:
Briefly, how do juries hepl achieve effective access to the legal system?
i cant see how they in anyway increase accessibility to the legal system..

For the first question, I would probably talk about the supremacy of parliament.

For the second question, I would first state that I disagree with the statement, explain the other methods of influencing the law that can be effective then that leads towards discussing a strength and a weaknes of demonstrations.

In the A+ book the only feature it mentions to help achieve effective access is that in a criminal trial the cost of the jury is borne by the state (taxpayers) not the parties. Can't think of anything else though. Hope this helps.  :)
Title: Re: VCE Legal Studies Question Thread
Post by: Tragesty on October 20, 2011, 06:54:25 pm
Hey guys, help would be appreciated in regards to my responses for a practice exam my teacher marked - were the lost marks justifiable? I know it's a long read, but i'd really appreciate it! Hoping to make a comeback off my crap SAC marks this year.

Explain the role of the VLRC - 1 out of 2 marks
The Victorian Law Reform Commision (VLRC) is an independant, government funded law reform body. Their role is to investigate matters referred to it by the attorney general, monitor law reform activity in Victoria and to offer suggestions to the attorney general for matters to be reffered to it.

My teacher took off a mark for not mentioning discussion papers and forums (as per her remark). Is my answer worth 1 or 2 marks?

Reccomend two ways in which a group can influence change in the law. Evaluatet the effectiveness of each of these two methods.

My response first outlined two ways - petitions and demonstrations. I briefly explained what a petition was during my evaluation of it, and did not explain what a demonstration involves  - I went straight to evaluation. As such, my response was:

Petitions - strength
Petition - weakness
Demonstrations - strength
Demonstrations - weakness

The question was worth 4 marks, I got 2 and a half out of 4 (lost marks for not talking about demonstrations. Do I have too? It doesn't say explain - only reccomend and evaluate.)

Explain the three elements that are required to ensure our legal system is effective and achieves just outcomes.

I stated all three elements (F.A.T), and a detailed explanation of each respectively. However, perhaps because I was rushed or didn't notice, they were all in a large paragraph separated by 'as well as' and commas (I know, I know...) - I got 2/3 for this response - is a mark off justifiable due to no paragraph spacing? (response was 10 lines total).

Evaluate whether the adversarial system of trial is an effective method of dispute resolution.
3/5 marks. (5 mark question for evaluating adversary system, seriously?)

The marks weren't that many for something with so much to cover, and as such rather than going over two strengths and weaknesses in great depth, I went with:

The adversary system allows for parties to initiate proceedings, gather evidence and decide on the mode of trial. As such, parties are likely to feel more satisfied with the outcome of the case, as they play a main role. However, this may lead to parties only submitting beneficial evidence, so the truth may not entirely emerge.
The use of an impartial and unbiased adjudicator ensures parties are treated fairly, and follow the strict rules of evidence and procedure. However, despite the judge's legal expertise, they remain quite passive in their role.
The use of legal representation by parties ensures parties are presented in the best possible light, and are on equal footing. However, legal representation is quite costly and parties facing financial hardship be disadvantaged.


My teacher wanted me to elaborate more, and I would have loved to if it was an 8 or 10 marker (plenty more could be said), however is my response worthy of 4 marks? Or was 3 correct?

Help would be greatly appreciated (I know my responses aren't nearly as good as most on these forums) - thank you!



Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on October 20, 2011, 07:24:47 pm
Well by just looking @ the adversary question, it's a little brief. I'd plump it up a little more personally. Stuff I'd add in the (brackets) to get full marks

The adversary system allows for parties to initiate proceedings, gather evidence and decide on the mode of trial. As such, parties are likely to feel more satisfied with the outcome of the case, as they play a main role. (Additionally, it upholds fairness as it ensures each party can put forward the best case to represent themselves) However, this may lead to parties only submitting beneficial evidence, so the truth may not entirely emerge. (Furthermore, this is rather dependent on the parties financial standing, as they only have themselves to boost their case as opposed to say a prosecution who can rely on police evidence and external sources.)
The use of an impartial and unbiased adjudicator ensures parties are treated fairly, and follow the strict rules of evidence and procedure (and they only rule on evidence that comes before them)  However, despite the judge's legal expertise, they remain quite passive in their role (they are unable to assist unrepresented parties which puts poorer parties at a clear disadvantage and furthermore, they cannot investigate to find the truth).
The use of legal representation by parties ensures parties are presented in the best possible light, and are on equal footing. (Legal representatives are skilled and highly regarded at their job - hence presenting a coherent and professional case. Further they allow for language impaired clients to be represented well) However, legal representation is quite costly and parties facing financial hardship be disadvantaged. (Quality is dependent on cost)

(Despite these weaknesses, the adversary system remains a solid system which advantages counterbalance it's downfalls).

Title: Re: VCE Legal Studies Question Thread
Post by: Tragesty on October 20, 2011, 07:26:07 pm
Fair enough, thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on October 20, 2011, 07:54:54 pm
Q. Evaluate the extent to which the following responses answer the questions being asked. Please highlight areas that are not addressed. xoxo.

But seriously, any pointers etc. would be sah-weet.

Quote
“Our adversary system of trial needs to be reformed and features of the inquisitorial system could be considered.”
To what extent do you agree with this statement? Give reasons for your decision.


The adversary system of trial is where two opposing parties fight in court to win a legal battle, with the judge playing the role of an independent, impartial umpire. The inquisitorial system is an alternative approach where the court is more actively involved in determining the facts and conduct of a trial.

One reform that could be made to the adversary system would be to give the judge or magistrate a greater investigative role. In the adversary system, the judge’s role is to be an impartial arbitrator and ensure the parties are treated equally, and that the rules of evidence and procedure are followed. In contrast, a judge in the inquisitorial system has an active role in defining the issues of the case and controlling the investigation, aiming to uncover the truth.  In doing so, the judge’s expertise is better utilised in comparison to the adversary system, which can be considered a weakness of the latter. Whilst giving the judge a more active role could be seen as a better use of their knowledge and experience, it risks reducing their impartialness. As a result, it is possible both parties will not be treated equally and a fair and unbiased hearing will hence not occur. As such, this reform is better suited for certain circumstances, such as in directions hearings where judges are more involved in the process.

Another possible reform would be to allow written statements and evidence. Currently, the adversary system relies on oral evidence, with strict rules of evidence and procedure protecting and guiding what is and isn’t admissible. This promotes consistency and fair treatment of both parties, with cross-examination highlighting false evidence and allowing parties to assess the sincerity of witnesses. These are all strengths of the adversary system as they complement each other so that a fair outcome is reached. However, they also increase the amount of time spent in a trial due to delays associated with witnesses and cross-examination. The adversary system could be altered to incorporate the approach used in the inquisitorial system, where evidence is mainly written, with no strict rules. Witnesses are still allowed and tell their story without interruption, instead of responding to questions as in the adversary system. Using written evidence would reduce delays in trials and aid the timely resolution of disputes. However, written evidence cannot be cross-examined and witnesses may still need to be called in to ask questions. Written evidence is therefore not suitable in higher courts, although the hand-up brief method used in committal hearings is a good use of this inquisitorial feature.

Legal representation is necessary in the adversary system due to the complex nature of rules of evidence and procedure. However, in the inquisitorial system legal representatives are less essential as the judge leads the investigation, thus legal representatives play a more advisory role. As such, the inquisitorial system tends to generally avoid the high costs associated with legal representation (costs can range between $3000 – 9000 a day in court), thus providing better access to justice as people who cannot afford representation are less disadvantaged. This weakness of the adversary system could be managed by improving the availability of legal aid. There is currently a funding cap at $12 000 for adults and $18 000 for children in family court cases, but costs are likely to exceed these in lengthy cases. Similarly, there is a $40 000 limit in superior courts for criminal cases, which is often insufficient in complex cases. Providing more aid in these circumstances would improve access to the legal system, and ensure both parties have a chance to present the best case possible and hence receive a fair and unbiased hearing.

I agree with this statement to a low extent. Whilst some changes would be beneficial, especially in the lower courts and in pre-trial procedures, majorly reforming the adversary system to incorporate features of the inquisitorial system risks reducing the unbiased and fair nature of trial this system provides. Furthermore, the strengths of the adversary system generally outweigh the limitations, and therefore major reforms are unnecessary.

Quote
Critically evaluate the extent to which the jury system contributes to an effective legal system and justify your conclusion.

An effective legal system is one which is able to provide effective access to the legal system, an entitlement to a fair and unbiased hearing and timely resolution of disputes.

A fair and unbiased hearing refers to each party in a case being treated equally before the law, and for adjudicators to be independent and unbiased. The jury system is a mechanism to ensure this element is fulfilled by allowing parties to be trialed by their peers, amongst other reasons. A jury is a cross-section of the community who is unbiased and decides on the facts of a case. Their impartialness is ensured by the fact that they are randomly selected from the community. In addition, by having certain individuals ineligible or disqualified, the system ensures that no jury member can have any connection with a case or be biased against the legal system as a result of past experiences, such as having a criminal record. Moreover, they are a buffer between the state and the individual, as the jury reaches the verdict instead of the state that prosecute the accused in a criminal case. As a result, the jury is able to be independent and impartial. However, a jury is not necessarily a cross-section of the community due to the system of challenges and the fact that some people are ineligible, disqualified or excused. Therefore, a jury isn’t a true cross-section. Furthermore, a juror may have personal biases which they cannot set aside during a case, which would not allow for a fair hearing as they won’t be deciding on the facts of a case alone. Juries may also have difficulty following and understanding a case due to complicated nature of trial and the possibility of evidence being complex, meaning the accused is not given a fair hearing on the evidence of a trial. In these ways, a fair and unbiased hearing may actually be hindered by a jury.

Effective access to the legal system refers to everyone being able to take a dispute to a court or tribunal and be able to access justice. This is accounted for by the jury system as, in criminal trials, the cost is borne by the state and not the individual themselves, meaning they are not required to pay for a jury. However, juries in civil trials are optional and the party who wishes to have one must pay. Civil juries are expensive, costing around $550 for the first day and further costs for each subsequent day. This is yet another cost individuals have to pay with other administrative fees which may dissuade parties from using a jury if they cannot afford one, denying them the right to effective access.

Timely resolution of disputes is achieved when they are resolved in a timely manner with as few delays as possible. Juries tend to increase the length of a trial as the empanelment process can take hours or days in long trials, adding time before a trial has even commenced. Throughout a trial, legal counsels and judges are required to explain legal terms and concepts and ensure the evidence is understandable for the jury. In addition, jury deliberations can take time, and in the case of a hung jury delays are exacerbated due to the fact that a case must be retried in front of a new jury, meaning that the whole empanelment process must also be redone. However, whilst a jury does add time, it is essential that evidence is clearly explained to a jury to ensure they can properly deliberate it so a fair trial occurs. The empanelment process is also necessary to ensure no jurors have any personal stake in the trial or are disqualified. As such, the delays can generally be excused as they are important for a fair and unbiased hearing.

I believe juries contribute to an effective legal system to a substantial amount. They provide for a  fair and unbiased hearing and effective access in criminal law; however they are expensive for civil cases and generally add delays to a trial. Overall, the benefits of a jury outweigh these limitations to ensuring an effective legal system.

EDIT: One more. I don't think I distributed the word count well.

Quote
“To some extent our legal system achieves the elements of an effective legal system; however, some changes are needed.”

Discuss this comment .In your discussion explain how recent changes and/or recommendations for change attempt to achieve the three elements of an effective legal system.


The legal system is moderately effective in achieving the three elements of an effective legal system. However, recent changes and possible future changes can ensure that it best provides a fair and unbiased hearing, timely resolution of disputes and effective access to the legal system.

A fair and unbiased hearing refers to each party in a case being treated equally before the law, and for adjudicators to be independent and unbiased. This is achieved through procedures such as the impartial nature of judges who, by upholding rules of evidence and procedure, ensure that both parties are treated equally and fairly. Similarly, the jury system helps achieve this element by giving the opportunity for parties to be trialed by their peers. A fair and unbiased hearing is also upheld by pre-trial procedures. Civil pre-trial procedures ensure that both parties are aware of the other’s case and access to relevant information for a trial. This is enabled through the discovery stage where evidence is shared so that there is no element of surprise in court. Moreover, directions hearings in civil trials aim to make sure both parties understand the different stages of the course of the dispute and their responsibilities throughout this. In a similar manner, criminal pre-trial procedures also help achieve a fair and unbiased hearing. Bail upholds the presumption of innocence as an accused is released from custody until their trial. This also gives them a chance to prepare their case. Committal hearings also enable this by giving the accused a chance to hear the prosecution’s case against them so that they can prepare a defence and be put on equal footing with the other party. However, an accused is not always granted bail and the prosecution generally has greater access to resources, which reduces the fairness of a trial. Furthermore, civil pre-trial procedures are complex and if a party does not have legal representation they may be too complex for them to follow and they will not benefit from the same advice the other party is receiving. A recent change to the legal system is the introduction of the Koori County Court. This court is for indigenous Australians who are pleading guilty in criminal trials. It was deemed necessary as indigenous Australians make up 25% of the prisoner population but only 3% of the nation’s total population. Indigenous Australians may have trouble due to cultural differences, such as gratuitous concurrence which is the tendency to agree with a question regardless of how the individual feels and a tendency to be shy. By having an indigenous elder present, the legal system can ensure that these cultural differences are accounted for, and by taking part in the sentencing they show the indigenous Australian population’s distaste for the crimes committed.

Effective access to the legal system refers to everyone being able to take a dispute to a court or tribunal and be able to access justice. This is achieved through procedures such as tribunals, which provide cheaper and informal resolution of disputes, such as VCAT. VCAT costs are as low as around $37 whilst serving a writ in the County Court is around $500. However, access could be difficult due to language barriers, the high cost of proceedings and the high costs of legal representation. A recent change that addresses this is the increase in court conducted or ordered alternative methods of dispute resolution. Mediation, conciliation and arbitration are being used through processes like judge-led mediation. These are much cheaper in comparison to the courts. Furthermore, they tend to not require legal representation, which further reduces costs for those involved, hence improving access to the legal system.

Timely resolution of disputes is achieved when they are resolved in a timely manner with as few delays as possible. Committal hearings help provide for timely resolution by only allowing cases with sufficient evidence to proceed. However, pre-trial procedures in civil cases are time consuming, especially discovery and pleadings stages. Furthermore, committal hearings may reduce delays overall, but they increase time in court for specific cases. A suggested reform to improve timely resolution is to abolish committal hearings, and instead having an accused presented directly for tiral. This reduces delays as there is no need to prepare for committal hearings, and cases are resolved much sooner after they begin. However, this may lead to cases wasting the time of superior courts if there is insufficient evidence for them to proceed.
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on October 22, 2011, 10:42:48 am
Help! can someone please specify if the examples given when we discuss 'reasons for changes in the law' can be brief (like 5 words), or do they have to be specific case examples? Because a lot of the solutions just state 'for example, laws to accomodate stem cell research' but it's not an actual specific act? < will that do?
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on October 24, 2011, 08:16:23 pm
What is the main difference between overriding and disapproving, in terms of judges choosing to avoid/develop law??
Thanks in advance! :)
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on October 25, 2011, 04:02:40 pm
it's actually overruling
for an example of how overruling works, think of this:
There is a case in the county court.
The justice/judge creates a precedent, which is : "The manufacturer owes the customer a duty of care"
and then finds for the plaintiff who wins the case and sues the manufacturer for $1000000000000000000 x 10^23

Anyway, a while later, there is a very similar case, however this time in the Supreme Court (trial division)
The justice/judge overrules the precedent made by the one from the country court, in effect meaning that "The manufacturer does NOT owe a duty of care to the customer".
And therefore a new binding precedent is made.

That's overruling.

Disapproving occurs in two cases:
- when a judge may refuse to follow an earlier decision of another judge in the same court, in effect meaning both precedets remain enforceable until another case on the issue is taken to a higher court.
- When a judge in a lower court disapproves with a precedent, that he/she must follow, but must follow it regardless.
So they are saying 'I'll follow it, but i do not want too because it is inappropriate..' or something like that.


MY own question,
do we need to know any three types of sanctions?
I just saw a question asking for the purpose of fines, and i only studied CBO's, home detention and imprisonment!

additionally;
when you are asked 'how does the commonwealth constitution protect human rights'
how do you guys elaborate on structural protections?
This is what i do, would it be right? Is it excessive or is it perhaps lacking?

Structural protections are those given from the wording of the constitution which prevent the commonwealth parliament from abusing its' power. The structural protection provides that there must be a separation of powers, so that no one body has absolute power which is unchecked. Furthermore, there must be representative government, so that the government is elected by the people and it must represent the views of the majority of the people. finally thre must be responsible government[b/] (i absolutely hate explaining responsible government, it always sounds like im parroting the textbook..) so that the government is responsible for it actions and when required must justify them to the people.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on October 25, 2011, 04:17:08 pm
MY own question,
do we need to know any three types of sanctions?
I just saw a question asking for the purpose of fines, and i only studied CBO's, home detention and imprisonment!

Thanks for clearing that up! :) and yepp, from what I know, any 3 would be fine - but you know regarding those kinds of questions where they're like
"explain the purpose of one sanction"
would you always have to answer it in terms of Denunication, Detterence, Protection, Punishment and Rehabilitation (with ALL those aspects mentioned?) because for some sanctions there isn't really a rehabilitation aspect... :-\
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on November 01, 2011, 06:34:52 pm
Could someone pleaseee explain the suggested reforms and suggested alternatives to the Jury system?? and how many of these would we have to know for each?? :)

Thanks in advance! :)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on November 01, 2011, 09:55:12 pm
Could someone pleaseee explain the suggested reforms and suggested alternatives to the Jury system?? and how many of these would we have to know for each?? :)

Thanks in advance! :)

Reforms are minor changes to the jury system, whereas alternatives are changes which completely overhaul the jury system. Some reforms include: employing a professional foreperson, more training for jurors, jurors giving reasons for their verdicts etc. Whereas, some alternatives are: abolishing the jury system altogether or employing specialist jurors. With these sorts of questions, try to link your reform/and or alternative to an element of an effective legal system and how it improves/enhances it. I’d say know two or three reforms and alternatives for each (really well), because VCAA can ask for either in a question. Note, try not to get confused between the two. Hope this helps and good luck for the exam.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on November 03, 2011, 05:29:06 pm
when you are asked 'how does the commonwealth constitution protect human rights'
how do you guys elaborate on structural protections?

Provide examples of structural protections. For example, when discussing the separation of powers as a structural protection, explain what each arm/function is. It is better, in my opinion, to give more than required in the bigger-mark questions just to be safe, because it is difficult to tell the mark allocation for those questions.
Title: Re: VCE Legal Studies Question Thread
Post by: Tragesty on November 07, 2011, 09:26:28 pm
When explaining the doctrine of precedent, when I state that precedent can be developed or avoided through reversing, overruling and distinguishing, would I be correct in assuming to not include disapproving? As that merely shows a judge's disapproval but doesn't create a new precedent, or avoid a past one? I've always remembered RODD as the four together, but should I include disapproving?

-michael.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on November 07, 2011, 09:38:31 pm
Correct, disapproval is merely expressing that a past precedent needs to be changed, but the court still follows this precedent due to factors such as the conservative nature of the judges. I would still mention it when talking about RODD as it gives your answer more depth, but yes, it is not a method of avoiding past precedent.
Title: Re: VCE Legal Studies Question Thread
Post by: cltf on November 07, 2011, 10:00:26 pm
2 questions.

1. Describe the operation of VCAT
2. Explain the jurisdiction of 3 lists in VCAT
Title: Re: VCE Legal Studies Question Thread
Post by: Tragesty on November 07, 2011, 10:02:19 pm
Thanks Liuy!

Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on November 07, 2011, 10:18:47 pm
2 questions.

1. Describe the operation of VCAT
2. Explain the jurisdiction of 3 lists in VCAT

1. Operation is essentially the role, along with maybe giving the 3 divisions (Human Rights, Administrative, Civil)
2. Not needed for new course, maybe one list to have up your sleeve as your example.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on November 08, 2011, 03:13:04 pm
2 questions.

1. Describe the operation of VCAT
2. Explain the jurisdiction of 3 lists in VCAT

1. Operation is essentially the role, along with maybe giving the 3 divisions (Human Rights, Administrative, Civil)
2. Not needed for new course, maybe one list to have up your sleeve as your example.

For the first question, it may also be good to mention/and or describe the composition of VCAT in your response, depending on the marks allocated to the question.
Title: Re: VCE Legal Studies Question Thread
Post by: Rhettski999 on November 10, 2011, 09:50:58 pm
How do you guys think the assessors are going to distribute the extra 10 marks? Like smaller, easier questions which rely simply on recount (1 or 2 markers), or evaluative 6/8 marker?
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on November 10, 2011, 10:57:18 pm
How do you guys think the assessors are going to distribute the extra 10 marks? Like smaller, easier questions which rely simply on recount (1 or 2 markers), or evaluative 6/8 marker?

My opinion is they will hit it down with maybe 2 one mark questions (don't underestimate these, they don't need to be as easy as one would think. One mark questions of court jurisdictions for example can probe real knowledge), and 2 four markers or a 4 and a 2. They won't give you more than one 8 mark question i don't think, because they can't expect to add on an extended response without giving more time, because they usually take more than 2 marks a minute anyway, let alone less than that.
Title: Re: VCE Legal Studies Question Thread
Post by: Rhettski999 on November 11, 2011, 09:22:44 am
Yeah I suppose that makes sense as it would be fairer for students, yet even with a lower mark distribution my suspicion is that thousands of kids won't finish the paper and thus the 10 marker will evade the assessors eyes. My legal teacher has given us a 10 marker a week and has said if it looks reasonably hard, we should complete it at the start and allocate no more than 18 minutes on that. With a rush on those 1 or 2 markers (Even court jurisdictions are in my opinion easy if you practise answering the questions and couple that with an excellent knowledge of all jurisdictions in Victoria, thus allowing you to just fly out an answer) you'll be able to give more time at the end maybe..
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on November 12, 2011, 10:52:08 am
Yeah I suppose that makes sense as it would be fairer for students, yet even with a lower mark distribution my suspicion is that thousands of kids won't finish the paper and thus the 10 marker will evade the assessors eyes. My legal teacher has given us a 10 marker a week and has said if it looks reasonably hard, we should complete it at the start and allocate no more than 18 minutes on that. With a rush on those 1 or 2 markers (Even court jurisdictions are in my opinion easy if you practise answering the questions and couple that with an excellent knowledge of all jurisdictions in Victoria, thus allowing you to just fly out an answer) you'll be able to give more time at the end maybe..

That sounds like an okay plan, but I strongly recommend that if your planning on spending that long on an extended response (which is good, as it will secure a 10 because you can write a lot) don't do it at the start. do it last so you can just spend the remainder of your time on it, because you don't want to get to the position where you're unable to get easy marks (like 4 mark questions) because you spent too long getting a mere 10 marks.

 jurisdiction questions are usually very easy or very hard. look at last years exam: the correct answer was County Court, but they accepted all answers because it was too difficult for students to know (even though it was implied on the study design). Make sure you really look at the question to make sure there are no tricks. For example, minor assault sounds County, but really it's Magistrate's Court. same with, i think maybe it was a 2007 question, where some friend had to ask advice about a plasma theft or something.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on November 12, 2011, 12:55:58 pm
is an amendment to the bill most likely to be made during the second reading stage or the consideration in detail/comittee of the whole stage?

second reading is the most substantial debate, whereas consideration in detail is..well consideration in detail O-O
Title: Re: VCE Legal Studies Question Thread
Post by: cltf on November 12, 2011, 02:47:26 pm
is an amendment to the bill most likely to be made during the second reading stage or the consideration in detail/comittee of the whole stage?

second reading is the most substantial debate, whereas consideration in detail is..well consideration in detail O-O


Amendments are made all over the place, at the end of second reading, mostly in the consideration stage, and when the bill is passed back from the other house.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on November 12, 2011, 03:10:29 pm
For extended response questions, can we structure it like:

Firstly... *get straight into first point*
Secondly...
Thirdly....
Fourthly...
Finally...

or do they expect topic sentences for each new point??
Title: Re: VCE Legal Studies Question Thread
Post by: damo707 on November 12, 2011, 03:48:30 pm
What is judicial determination?
What kind of questions have you guys seen asked about it?
Title: Re: VCE Legal Studies Question Thread
Post by: RobDog on November 12, 2011, 04:07:50 pm
Judicial Determination is the process you would normally associate with when a case goes to court.

Basically, the parties to a case present their arguments and evidence to a judicial officer, (eg. judge, magistrate) who makes a legally binding decision about the outcome of the case.

Title: Re: VCE Legal Studies Question Thread
Post by: zoeee on November 12, 2011, 04:26:34 pm
1. what are the factors that influence the composition of a jury? is that like eligble, ineligble etc.
2. two reasons for the low success rate of a referendum ? double majority and...

thank you
Title: Re: VCE Legal Studies Question Thread
Post by: RobDog on November 12, 2011, 04:44:44 pm
1. Yeah, so you can go through Disqualified, Ineligible and Excused
Also, remember the challenges. In criminal juries, each party is entitled to SIX Peremptory Challenges, these are challenges that need no reason as to why the party want's a certain potential juror removed. In Civil Juries each party has THREE of these challenges.
Then there's also For Cause Challenges, each party has UNLIMITED number of these challenges in both civil and criminal, however they must provide a valid reason.

2. - lack of understanding for process & arguments, as well as confusion surrounding proposal may lead to voters voting 'no' to keep things as is.
- voters may be conservative, or believe current situations are owrking well for them currently, they will vote 'no'.
- many voters may see a referendum as a way of giving the Federal Parliament more power, which many are reluctant to do, and therefore vote 'no'[/list]
Title: Re: VCE Legal Studies Question Thread
Post by: damo707 on November 12, 2011, 09:38:44 pm
Outline the role of VCAT. (2 marks)
The Victorian Civil and Administrative Tribunal plays an integral role in resolving civil disputes, alongside the courts. It operates in parallel with courts to contribute to an effective legal system in that it specialises in particular types of disputes such as in the Residential Tenancies List. Further, they are less formal such as members taking an active role in proceedings, and are generally less expensive than court with a low filing fee of $37.

Note: Is this enough for 2 marks? Not actually sure how to answer this question. Any help would be appreciated.

LOL had fun with that... ^
Title: Re: VCE Legal Studies Question Thread
Post by: RobDog on November 12, 2011, 10:02:02 pm
For 2 marks i'd say you're right on the money.
VCAT’s objective is to provide cost-effective, accessible and informal, timely and quality resolution for civil cases to Victorians ---- COOOOOL.
[/color]
Title: Re: VCE Legal Studies Question Thread
Post by: damo707 on November 12, 2011, 10:09:29 pm
Cheers, and LOL. Also, have you seen any other questions relating to VCAT that aren't about dispute resolution methods and evaluating them, or about the strengths and weaknesses of VCAT/court?
Title: Re: VCE Legal Studies Question Thread
Post by: RobDog on November 12, 2011, 10:20:44 pm
Cheers, and LOL. Also, have you seen any other questions relating to VCAT that aren't about dispute resolution methods and evaluating them, or about the strengths and weaknesses of VCAT/court?
I'm not sure about others, but personally, what you listed seem to be the only kind of questions i've been coming across, and the study design just says:
• the role of VCAT
• dispute resolution methods used by courts and VCAT, including mediation, conciliation, arbitration
and judicial determination
• strengths and weaknesses of dispute resolution methods used by courts and VCAT
• strengths and weaknesses of the way courts and VCAT operate to resolve disputes.

So going by this those are the only questions you can be asked.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on November 13, 2011, 12:25:31 am
In which court would a case for manslaughter be heard?? Would it be the County Court or the Supreme Court (trial division)??

Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: bodriagin on November 15, 2011, 12:51:50 pm
In which court would a case for manslaughter be heard?? Would it be the County Court or the Supreme Court (trial division)??

Thanks :)

The Supreme Court. :)

The County Court can't hear any murder-related offences.
Title: Re: VCE Legal Studies Question Thread
Post by: vanroevan1994 on February 18, 2012, 11:07:39 am
Explain the principles of representative government and responsible government. How effective do you think the Commonwealth Government is in achieving these ideals? 6 marks

Would anyone be able to help me with this question? I understand the principles and that, but dont understand what to write for the second part of the question!

Thanks in advance! :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on February 18, 2012, 11:38:24 am
Explain the principles of representative government and responsible government. How effective do you think the Commonwealth Government is in achieving these ideals? 6 marks

Would anyone be able to help me with this question? I understand the principles and that, but dont understand what to write for the second part of the question!

Thanks in advance! :)

Any time you see the word 'effective' you want to think strengths and weaknesses (basically).

- One way representative government is achieved effectively.
- One way it's not.
- Very short 'overall' conclusion.

- Same with responsible government.

For example: Representative government is achieved because we have a strong democracy in which almost all adults are entitled to vote, and are able to make educated decisions in elections because of their freedom of political communication. Parliamentary debates are also open to the public and media, so voters can see whether MPs are representing their views effectively and MPs can be voted out at regular elections if the majority is not happy with their performance. The system is not perfect, however, as often the government can try to please the majority at the expense of making the best decisions on behalf of the environment or the whole country - but ultimately that means the success of representative government comes down to whether we the voters tell our representatives to do the right things.
Title: Re: VCE Legal Studies Question Thread
Post by: Rhettski999 on March 08, 2012, 01:11:19 am
In breaking down that question I would probably allocate 2 marks for explanation and 4 for the evaluation.

You're basically being asked to what extent the Federal Government achieves those principles.

4 points. Effective/ Not Effective for each principle.

Poorly worded question which I doubt you'd find in a VCAA exam, but nevertheless, always good to practise tricky questions.
Title: Re: VCE Legal Studies Question Thread
Post by: Stron on May 19, 2012, 07:38:58 pm
Hi, wondering if i average approximately 90% in legal sacs and exam what score would i be looking at?
I have a strong cohort
Title: Re: VCE Legal Studies Question Thread
Post by: martinjm on May 31, 2012, 03:50:11 pm
I'm just wondering if anyone had 2 or 3 examples for a case where a precedent was reversed (case was appealed, taken to a higher court and decision as well as precedent set reversed). In Justice and Outcomes the example is the Queen v. Klamo case, but there was no precedent set in this case.
Title: Re: VCE Legal Studies Question Thread
Post by: ashlee.413 on July 10, 2012, 03:47:49 pm
Could somebody please explain the different kinds of appeals:

Point of law
Question of fact
Convicton/sentence

What do these mean in terms of appeals? Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: DiMennzzaa on July 14, 2012, 01:37:56 pm
im still so confused over judicial determination in relation to courts vcat

is JUDICIAL DETERMINATION = ARBITRATION ?


Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 14, 2012, 04:31:03 pm
im still so confused over judicial determination in relation to courts vcat

is JUDICIAL DETERMINATION = ARBITRATION ?

This thread should help: What is judicial determination?
Title: Re: VCE Legal Studies Question Thread
Post by: DiMennzzaa on July 15, 2012, 04:44:31 pm
strength and weakness of third party in ADR methods >?
Title: Re: VCE Legal Studies Question Thread
Post by: Chazef on September 24, 2012, 10:45:28 pm
I wrote way too much for this four mark question: Use one example to explain and illustrate how the law-making powers of the commonwealth parliament and the state parliaments have been changed by high court interpretation of the commonwealth constitution (4 marks) {2005}

Answer: Sections 73, 75 and 76 of the constitution set-out the high court’s ability to settle disputes over conflictions between commonwealth and state law and disputes involving the meaning of words and phrases in the constitution.

 The high court has the power to change the constitution by interpreting words and phrases to apply the original intentions of the constitution’s authors to the case at hand. This keeps the constitution relevant and up-to-date, without changing the words themselves but by giving meaning to them.

An interpretation which established new areas of law under the commonwealth parliament would change the balance of law making powers in favour of the commonwealth, with interpretations which restrict the commonwealth’s law-making power changing the balance in favour of the states.

An example is the Franklin Dam Case, in which the state of Tasmania argued that the commonwealth’s laws which prevented construction at the Franklin River to uphold the UNESCO convention (an international treaty) was beyond their law-making power. The High Court interpreted the external affairs power (S51xxix) of the constitution and decided the commonwealth was able to make laws on otherwise residual matters in order to uphold international treaties. This largely increased the commonwealth’s power over the states, with the external affairs interpretation being used many times since when the commonwealth passes law on fundamentally residual matters.

What can I do to reduce this?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 24, 2012, 11:17:16 pm
I wrote way too much for this four mark question: Use one example to explain and illustrate how the law-making powers of the commonwealth parliament and the state parliaments have been changed by high court interpretation of the commonwealth constitution (4 marks) {2005}

Answer: Sections 73, 75 and 76 of the constitution set-out the high court’s ability to settle disputes over conflictions between commonwealth and state law and disputes involving the meaning of words and phrases in the constitution.

 The high court has the power to change the constitution by interpreting words and phrases to apply the original intentions of the constitution’s authors to the case at hand. This keeps the constitution relevant and up-to-date, without changing the words themselves but by giving meaning to them.

An interpretation which established new areas of law under the commonwealth parliament would change the balance of law making powers in favour of the commonwealth, with interpretations which restrict the commonwealth’s law-making power changing the balance in favour of the states.

An example is the Franklin Dam Case, in which the state of Tasmania argued that the commonwealth’s laws which prevented construction at the Franklin River to uphold the UNESCO convention (an international treaty) was beyond their law-making power. The High Court interpreted the external affairs power (S51xxix) of the constitution and decided the commonwealth was able to make laws on otherwise residual matters in order to uphold international treaties. This largely increased the commonwealth’s power over the states, with the external affairs interpretation being used many times since when the commonwealth passes law on fundamentally residual matters.

What can I do to reduce this?

I love the final paragraph. You don't actually need the first three, though! The question asks for the example as the focus, not the method itself, and that example's great.

I would cut the first three paragraphs, perhaps putting "Using their power under s76" down before "The High Court interpreted...", and then incorporating some of paragraph three into a final sentence elaborating on the impact right at the end. You've said the impact in terms of the Cwlth gaining power, but not really explained the corresponding decrease for the states.

Note: Saying 'an interpretation that gives a broader interpretation to existing specific powers', thereby encompassing more areas within the power (eg radio and TV within "like services" to telegraphs and telephones), would be slightly more correct than saying the interpretation establishes *new* areas.
Title: Re: VCE Legal Studies Question Thread
Post by: Chazef on September 28, 2012, 01:47:27 am
Okay another question, will this exam have any evaluation questions worth more than 10 marks? (e.g. evaluate adversary system, 12 marks)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on October 02, 2012, 06:53:37 pm
Okay another question, will this exam have any evaluation questions worth more than 10 marks? (e.g. evaluate adversary system, 12 marks)

Don't think so. In recent years (including last year), 10 marks has been the maximum for any given question.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 02, 2012, 07:06:00 pm
VCAA exam specifications: http://www.vcaa.vic.edu.au/Documents/exams/legalstudies/legalstud-samp-w.pdf
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on February 10, 2013, 06:02:18 pm
'The Australian parliamentary system has borrowed and adapted a number of concepts from other countries.' Discuss (6 marks)
This question is from the A+ notes guide, and I was wondering if it's necessary for us to know such details in so much depth. I thought we just needed to know that it was based on the Westminster system, but if not then what am I expected to know??!

Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: michak on February 10, 2013, 06:25:43 pm
'The Australian parliamentary system has borrowed and adapted a number of concepts from other countries.' Discuss (6 marks)
This question is from the A+ notes guide, and I was wondering if it's necessary for us to know such details in so much depth. I thought we just needed to know that it was based on the Westminster system, but if not then what am I expected to know??!

Thanks

You are correct don't need to know this
You don't even need to know much about the Westminster model just that our system is based off it :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on February 10, 2013, 06:38:52 pm
Ok cool thanks :)
Haha that's a relief! I was beginning to freak out when I saw it!
Title: Re: VCE Legal Studies Question Thread
Post by: JordanBallLS50 on March 05, 2013, 09:25:13 am
Chazef, the highest marks for a single legal studies question is 10. I did it last year and never came across one higher unless your counting 3)i)ii)iii) as one. But as for the example, no your certainly wont get a 12 marker or something like that. Just watch out for the marks, we got thrown a 7 marker. Id never done one!!! so that was a shock.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 16, 2013, 10:45:07 am
I've a question. When it says to evaluate two strengths of Parliament, is it necessary to talk about its weaknesses as well when the question is specifically only asking for its strengths? My teacher wants us to put so much information into a question and I'm getting nervous because it feels like I don't have to read the question because she wants me to used prepared answers... Urgh. I'm so angry.
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on March 16, 2013, 12:41:27 pm
I've a question. When it says to evaluate two strengths of Parliament, is it necessary to talk about its weaknesses as well when the question is specifically only asking for its strengths? My teacher wants us to put so much information into a question and I'm getting nervous because it feels like I don't have to read the question because she wants me to used prepared answers... Urgh. I'm so angry.

You have to talk about the strength and the corresponding weakness.
eg parliament provides arena for debate... but if govt holds majority in upper house it may become a rubber stamp.
And after you have discussed the S and W make a judgement on whether it is overall a s or w of the law-making process
Title: Re: VCE Legal Studies Question Thread
Post by: michak on March 16, 2013, 01:12:00 pm
I've a question. When it says to evaluate two strengths of Parliament, is it necessary to talk about its weaknesses as well when the question is specifically only asking for its strengths? My teacher wants us to put so much information into a question and I'm getting nervous because it feels like I don't have to read the question because she wants me to used prepared answers... Urgh. I'm so angry.
Evaluate means to I look at the strengths and weaknesses of a point.
So what you do is write what your point is give a strength of it but then it's corresponding weakness.
Just remember that the atrenght and weakness have to match so if you have a point that doesn't have both dont use it.

And mk5w you don't always need to make a final judgement on the topic I would only do this in 10 or 8 mark questions
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 16, 2013, 01:38:47 pm
Thanks for the reply.

So it doesn't matter even if the question was only asking for weaknesses, that I'd still have to discuss the strengths? Say if it's only worth 6 marks? Would each mark attribute to the strengths and weaknesses?
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on March 16, 2013, 01:55:57 pm
If it says evaluate or critically evaluate you must discuss both the strength and corresponding weakness or vise-versa and make a judgement on whether overall you this it's a strength or a weakness of parliament.

EG- evaluate one strength and one weakness of parliament.(6 marks)

1 mark for Strength, 1 mark for corresponding  weakness, 1 mark for judgement.     3 marks
1 mark for weakness, 1 mark for corresponding strength, 1 mark for judgement.     3 marks overall (6 marks)



Title: Re: VCE Legal Studies Question Thread
Post by: michak on March 16, 2013, 01:58:37 pm
If it says evaluate or critically evaluate you must discuss both the strength and corresponding weakness or vise-versa and make a judgement on whether overall you this it's a strength or a weakness of parliament.

EG- evaluate one strength and one weakness of parliament.(6 marks)

1 mark for Strength, 1 mark for corresponding  weakness, 1 mark for judgement.     3 marks
1 mark for weakness, 1 mark for corresponding strength, 1 mark for judgement.     3 marks overall (6 marks)





I was told different we never had to make a judgement there if it said critically evaluate or just evaluate and it was a six mark question I would make three points with their corresponding strength and weakness.
Ask you teacher what they want in their answers but this is what I did the whole year
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 16, 2013, 02:07:37 pm
Okay. I'm kind of confused. If the question was :Evaluate two weaknesses of Parliament, would I still have to discuss its strengths?
I know that if the question asks for strengths and weaknesses that I would have to talk about both and give examples. My question was asking whether if the question focuses on only a strength or a weakness, that would I have to include the rebuttal information?
Title: Re: VCE Legal Studies Question Thread
Post by: yearningforsimplicity on March 16, 2013, 02:37:00 pm
I was told different we never had to make a judgement there if it said critically evaluate or just evaluate and it was a six mark question I would make three points with their corresponding strength and weakness.
Ask you teacher what they want in their answers but this is what I did the whole year

I never made "judgements" for 'critically evaluate' Q's either - I always thought critically evaluate just meant to explain one strength and one weakness (this explanation yielding 2 marks so you'd know how many points to discuss depending on the marks given) :) On the other hand, if the Q said something like "Conclude", "Deduce" or "Make a statement about bla bla", then you would probably make some sort of judgement :)
Title: Re: VCE Legal Studies Question Thread
Post by: michak on March 16, 2013, 02:40:43 pm
I never made "judgements" for 'critically evaluate' Q's either - I always thought critically evaluate just meant to explain one strength and one weakness (this explanation yielding 2 marks so you'd know how many points to discuss depending on the marks given) :) On the other hand, if the Q said something like "Conclude", "Deduce" or "Make a statement about bla bla", then you would probably make some sort of judgement :)
Okay. I'm kind of confused. If the question was :Evaluate two weaknesses of Parliament, would I still have to discuss its strengths?
I know that if the question asks for strengths and weaknesses that I would have to talk about both and give examples. My question was asking whether if the question focuses on only a strength or a weakness, that would I have to include the rebuttal information?

Evaluate means to look at both sides so because it says evaluate a weakness you give one weakness of parliament and explain why it is a weakness but the give a strength of that weakness
For example one weakness of parliament is thaey don't actyally sit in parliament for a lot of the the of the year however a strength is that it has the power to delegate law making powers to other authorities to make them a subordinate which can now make law on behalf of the parliament

Does that make sense
Title: Re: VCE Legal Studies Question Thread
Post by: hjm2 on March 16, 2013, 02:50:57 pm
From my understanding, evaluate questions just require strength vs weakness, whereas critically evaluate requires strength vs weakness then a conclusion or opinion.
Title: Re: VCE Legal Studies Question Thread
Post by: awesomejames on March 16, 2013, 03:50:09 pm
What if the question were to start with,

"Discuss..."

Would that mean you basically just talk about the strengths and the weaknesses and that all. Like our teacher told us not to form an opinion. And also, regarding forming an opinion for a question starting with "discuss" how would you write a conclusion without actually STATING your opinion or agreeing with the statement? (hope you know what i mean :P)

Our teacher also said when you see this question you don't really need an introduction, and you can get straight into what you're saying. Eg: "a weakness of parliament as a law-maker is...". Then next paragraph, "however, a strength as parliament as a law-maker is...".

So, he basically said no introduction is needed. Is this correct?
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 16, 2013, 04:01:15 pm
Evaluate means to look at both sides so because it says evaluate a weakness you give one weakness of parliament and explain why it is a weakness but the give a strength of that weakness
For example one weakness of parliament is thaey don't actyally sit in parliament for a lot of the the of the year however a strength is that it has the power to delegate law making powers to other authorities to make them a subordinate which can now make law on behalf of the parliament

Does that make sense

Oh okay. So it doesn't matter whether it's talking about a strength or a weakness because you still have to discuss both. Alright, that makes sense.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 16, 2013, 04:04:58 pm
What if the question were to start with,

"Discuss..."

Would that mean you basically just talk about the strengths and the weaknesses and that all. Like our teacher told us not to form an opinion. And also, regarding forming an opinion for a question starting with "discuss" how would you write a conclusion without actually STATING your opinion or agreeing with the statement? (hope you know what i mean :P)

Our teacher also said when you see this question you don't really need an introduction, and you can get straight into what you're saying. Eg: "a weakness of parliament as a law-maker is...". Then next paragraph, "however, a strength as parliament as a law-maker is...".

So, he basically said no introduction is needed. Is this correct?

Well, our teacher said that in our intro we MUST always have the statement "Parliament is a supreme law-maker" and address other terms in the question. She also said that you can also signpost the strengths.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 16, 2013, 07:54:46 pm
Ooh. I'm back with another question.What do sections 92, 99 and 128 of the Constitution mean? It's quite hard to understand. :/
Thanks in advance for your help.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on March 16, 2013, 07:58:05 pm
Ooh. I'm back with another question.What do sections 92, 99 and 128 of the Constitution mean? It's quite hard to understand. :/
Thanks in advance for your help.

Section 128 - referendum process, need to know this inside and out
section 99 - the commonwealth must treat all states equally in regards to revenue, commerce and trade
section 92 - trade and the movement of people between states shall be free (as in you can't put a tax on it)
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 16, 2013, 08:29:06 pm
Section 128 - referendum process, need to know this inside and out
section 99 - the commonwealth must treat all states equally in regards to revenue, commerce and trade
section 92 - trade and the movement of people between states shall be free (as in you can't put a tax on it)

Thanks. :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 18, 2013, 03:35:31 pm
A few quick things!

1. No difference between evaluate and critically evaluate. Treat them the same as analyse, as well.

2. All of them require an opinion. At the start, at the end, or both. You don't usually get a mark *for* it, but you lose one without it.

3. If you evaluate a weakness you have to start with the weakness then go to the corresponding strength - not the other way around or half marks lost. Then you finish with a short opinion on whether the weakness is really a huge weakness.

4. Unless the question asks you to, you don't need to say that parliament is the supreme law-maker.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 18, 2013, 04:01:18 pm
A few quick things!

1. No difference between evaluate and critically evaluate. Treat them the same as analyse, as well.

2. All of them require an opinion. At the start, at the end, or both. You don't usually get a mark *for* it, but you lose one without it.

3. If you evaluate a weakness you have to start with the weakness then go to the corresponding strength - not the other way around or half marks lost. Then you finish with a short opinion on whether the weakness is really a huge weakness.

4. Unless the question asks you to, you don't need to say that parliament is the supreme law-maker.

Okay, that makes more sense. But for 4) my teacher says that it's a must to  be put on when responding to the question. So do I just leave it or what?
Title: Re: VCE Legal Studies Question Thread
Post by: awesomejames on March 18, 2013, 04:21:10 pm
A few quick things!

1. No difference between evaluate and critically evaluate. Treat them the same as analyse, as well.

2. All of them require an opinion. At the start, at the end, or both. You don't usually get a mark *for* it, but you lose one without it.

3. If you evaluate a weakness you have to start with the weakness then go to the corresponding strength - not the other way around or half marks lost. Then you finish with a short opinion on whether the weakness is really a huge weakness.

4. Unless the question asks you to, you don't need to say that parliament is the supreme law-maker.

Can u give some info for questions starting with discuss?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 18, 2013, 08:52:01 pm
Okay, that makes more sense. But for 4) my teacher says that it's a must to  be put on when responding to the question. So do I just leave it or what?

For SACs, your teacher is god. Or, rather, whoever is marking it is god. Do what they say.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 18, 2013, 08:54:16 pm
Can u give some info for questions starting with discuss?

I treat 'discuss' questions exactly the same as analyse, evaluate and critically evaluate. Basically, they want you to weigh up reasons for and against an opinion. They're marked essentially the same, but even if technically you were *allowed* to only look at strengths or only look at weaknesses - why would you? That's chopping out half your notes, which you spent so much time writing and learning!
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 18, 2013, 09:08:51 pm
For SACs, your teacher is god. Or, rather, whoever is marking it is god. Do what they say.

Ok, Oh, hail thou for getting 50 XD
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 27, 2013, 09:18:13 pm
Just an update for the SAC, at first I was disappointed with my mark and decided not to look at the SAC until later but it turns out that when my teacher was adding the scores in Excel, she actually left out a row so everybody's scores decreased. Anyway, when she redid the marking, I was so happy, I only got 1 mark wrong. (:

Thanks for all your help. I also just finished another SAC today and it wasn't too difficult. (:
Title: Re: VCE Legal Studies Question Thread
Post by: michak on March 27, 2013, 09:30:04 pm
Just an update for the SAC, at first I was disappointed with my mark and decided not to look at the SAC until later but it turns out that when my teacher was adding the scores in Excel, she actually left out a row so everybody's scores decreased. Anyway, when she redid the marking, I was so happy, I only got 1 mark wrong. (:

Thanks for all your help. I also just finished another SAC today and it wasn't too difficult. (:

Congrats dude :D
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 28, 2013, 07:44:24 am
Congrats dude :D

Thanks. (: I'm just really thankful for the community here at ATARnotes as everybody is so helpful.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 28, 2013, 08:09:45 pm
Here are just some questions I have used for revision for AOS 1. Feel free to answer them or use them for revision.

1.   Outline the structure of the state and Commonwealth parliaments.
2.   Identify two roles played by the Crown in the Australian parliamentary system.
3.   Explain in detail one principle of the Australian Parliamentary System.
4.   Distinguish between parliament and government.
5.   How does the Commonwealth Constitution reflect the principle of separation of powers?
6.   Outline the differences between the role of the House of Representatives and the role of the Senate.
7.   Outline the role and structure of the Victorian Law Reform Commission.
8.   Identify how individuals or groups may influence a change in the law and describe how they bring about a change in the law.
9.   Distinguish between formal and informal pressures to bring about a change in the law.
10.   What possible weaknesses are there to consider when making a change in the law?
11.   Describe one stage that a bill goes through in Parliament before becoming an Act.
12.   What similarities and differences are there between the first and the third reading?
13.   Explain the certification stage.
14.   What is the role of the second reading stage of a bill through Parliament?
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on March 29, 2013, 12:08:59 pm
In a speech to lawyers in 2001, High court chief justice Murray Gleeson said that 'the failure of so many referendums meant that there was a real risk that the public might expect the high court instead to change the constitution'. Analyse the effectiveness of both referendum and high court interpretation of the constitution as means of changing the division of law-making powers between commonwealth and state parliaments. 8 marks

how do i tackle this question and the quote?
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 29, 2013, 09:10:22 pm
In a speech to lawyers in 2001, High court chief justice Murray Gleeson said that 'the failure of so many referendums meant that there was a real risk that the public might expect the high court instead to change the constitution'. Analyse the effectiveness of both referendum and high court interpretation of the constitution as means of changing the division of law-making powers between commonwealth and state parliaments. 8 marks

how do i tackle this question and the quote?

I think it asks you about how the referendum can change the wording of the Constitution but the High Court interpretation only changes the meaning. You may want to provide an example of a successful referendum and state the impacts it has had on the law-making powers between State and Commonwealth Parliaments. Also, in talking about the HC interpretation, you may want to say that because of a HC interpretation, it might change the balance of powers between State and Commonwealth and may cause a precedent in being set for future cases.
Firstly, however, I think you have to mention that the Constitution and the HC interpretation are two ways of changing the division of law-making powers.

You may also want to discuss the strengths and weaknesses of the referendum and HC using examples, as I've said before. And if you're not pushed for time, I think you can include an opinion on the issue. For example, you may want to say that HC cases are generally more successful compared to referendums because only 8 out of 44 have passed. However, you may also state that even if the referendum process is harder to satisfy in regards to its requirements, that it's still a useful tool in changing the balance of powers between State and Commonwealth.
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on March 29, 2013, 11:44:22 pm
I think it asks you about how the referendum can change the wording of the Constitution but the High Court interpretation only changes the meaning. You may want to provide an example of a successful referendum and state the impacts it has had on the law-making powers between State and Commonwealth Parliaments. Also, in talking about the HC interpretation, you may want to say that because of a HC interpretation, it might change the balance of powers between State and Commonwealth and may cause a precedent in being set for future cases.
Firstly, however, I think you have to mention that the Constitution and the HC interpretation are two ways of changing the division of law-making powers.

You may also want to discuss the strengths and weaknesses of the referendum and HC using examples, as I've said before. And if you're not pushed for time, I think you can include an opinion on the issue. For example, you may want to say that HC cases are generally more successful compared to referendums because only 8 out of 44 have passed. However, you may also state that even if the referendum process is harder to satisfy in regards to its requirements, that it's still a useful tool in changing the balance of powers between State and Commonwealth.
thank you very much
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 30, 2013, 01:20:32 am
In a speech to lawyers in 2001, High court chief justice Murray Gleeson said that 'the failure of so many referendums meant that there was a real risk that the public might expect the high court instead to change the constitution'. Analyse the effectiveness of both referendum and high court interpretation of the constitution as means of changing the division of law-making powers between commonwealth and state parliaments. 8 marks

how do i tackle this question and the quote?

The task word is 'analyse' which means opinion (on the effectiveness of referenda vs HCA interp) plus strengths and weaknesses relating to it. That's it.

Since it doesn't ask you to describe you don't need any definition/example/etc content, and you won't really get marks for it unless it's linked with your strengths and weaknesses.

The quotation isn't referred to in the question so it can be treated as irrelevant. But I'd chuck it in my opinion anyway :)
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on April 03, 2013, 01:13:44 pm
what sections of the constitution do we have to specifically know?
eg s.109 s.128 s.51(...) s.76
when answering a question on high court cases do we have to state the specific section in our answer?... eg Brislan case s.51(v)
and would it be a disadvantage to use the brislan case?
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 03, 2013, 01:17:29 pm
what sections of the constitution do we have to specifically know?
eg s.109 s.128 s.51(...) s.76
when answering a question on high court cases do we have to state the specific section in our answer?... eg Brislan case s.51(v)
and would it be a disadvantage to use the brislan case?


basically you need to know 128, 51,52, all the restrictions on commonwealth law making power (eg. 116, religion), all restrictions on state law-making power. Oh also the section that you use for your successful referendum (eg. aboriginas section 51 (xxvi)
In regards to high court cases my teacher said you need to know the sections.

Why would it be a disadvanatge to use brislan?
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on April 03, 2013, 01:24:35 pm
thank you

And there's not that much to write about in brislan as it's not as complex, but I think i'll use it now :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 04, 2013, 08:03:35 pm
Just a few questions:
-Do we need to know all the examples under structural protection (representative and responsible govt. separation of powers), express (all 5) and implied rights (freedom of political communication along with all the little acts and stuff within the explanation)? And in how much detail?
- Do we need to know about the enforcement of rights (watchdog and complaints-based)?
- How many strengths and weaknesses of the constitutional protection of rights do we need to know? Will we ever get asked and extended response type question on these particular strengths and weaknesses (what's the most marks we'll be asked for on this particular thing?)
-When answering evaluate questions (like q1 from 4.7 in justice and outcomes) do we always have to link a strength with a weakness or can we just have a  few strengths in a para and then a few weaknesses in a para and an evaluative statement at the end? Because there's some good strengths/weaknesses that don't really have a corresponding strength/weakness. Does it always have to be a strength countered by a weakness (vice versa)?
- With Roach, did she question the validity of the 2006 amendment or the 2004 act or both?

THANKS! :)
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on April 04, 2013, 08:23:01 pm
*Didn't score that well in Legal studies and it's been a while but I feel like I can answer these, someone, please correct me if I'm wrong and subsequently fucking up some kid's education*

-Do we need to know all the examples under structural protection (representative and responsible govt. separation of powers), express (all 5) and implied rights (freedom of political communication along with all the little acts and stuff within the explanation)? And in how much detail?
I would definitely know all three structural protections. I still know all five express rights, so I'd recommend learning them all because I must have for some reason, right? I don't see them asking you to regurgitate all five of them on the exam though. I don't think you have to go too crazy on the freedom of political communication cases - I knew a moderate amount about Theophanus V. Herald Weekly Times.

- Do we need to know about the enforcement of rights (watchdog and complaints-based)?
I have no idea what this question is.

- How many strengths and weaknesses of the constitutional protection of rights do we need to know? Will we ever get asked and extended response type question on these particular strengths and weaknesses (what's the most marks we'll be asked for on this particular thing?)
No one can really answer this except for the script writers... My approach was to treat everything as if it were going to be a ten mark question (a lot of stuff was on my SACs) so the way I broke down my marks that'd be five strengths and five weaknesses for everything. Although, I see it as unlikely they'd be as specific as to say "Evaluate constitutional protection"... From my perspective it'd more likely be a comparison question, or perhaps a smaller evaluation. I'd personally learn five (I was a paranoid learner with Legal), but if you were more relaxed you could probably get away with not learning so many.

-When answering evaluate questions (like q1 from 4.7 in justice and outcomes) do we always have to link a strength with a weakness or can we just have a  few strengths in a para and then a few weaknesses in a para and an evaluative statement at the end? Because there's some good strengths/weaknesses that don't really have a corresponding strength/weakness. Does it always have to be a strength countered by a
Nope, juxtaposition is no longer a requirement for evaluate questions (I think it may have been prior to 2011). The way you've suggested I think would be an acceptable structure for full marks, however, I'd recommend juxtaposing as best you can. I think it shows a good understanding, makes it easier for you to remember personally, and is just simpler to write in an exam and demonstrate your merit for each mark. But yeah, to answer your question, it doesn't always have to be juxtaposed. I'm rusty, but I don't think you'd be awarded a mark for an evaluative statement (unless they asked your opinion), so if you were going to do one, I'd still quantify strengths and weaknesses based on the available marks (Eight marks - four str/four wkns)

- With Roach, did she question the validity of the 2006 amendment or the 2004 act or both?
She challenged both, however it was ruled that 2006 was invalid and 2004 was valid, so the 2004 act stood but Howard's amendments got thrown out.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 04, 2013, 09:29:50 pm
Just a few questions:
-Do we need to know all the examples under structural protection (representative and responsible govt. separation of powers), express (all 5) and implied rights (freedom of political communication along with all the little acts and stuff within the explanation)? And in how much detail?
- Do we need to know about the enforcement of rights (watchdog and complaints-based)?
- How many strengths and weaknesses of the constitutional protection of rights do we need to know? Will we ever get asked and extended response type question on these particular strengths and weaknesses (what's the most marks we'll be asked for on this particular thing?)
-When answering evaluate questions (like q1 from 4.7 in justice and outcomes) do we always have to link a strength with a weakness or can we just have a  few strengths in a para and then a few weaknesses in a para and an evaluative statement at the end? Because there's some good strengths/weaknesses that don't really have a corresponding strength/weakness. Does it always have to be a strength countered by a weakness (vice versa)?
- With Roach, did she question the validity of the 2006 amendment or the 2004 act or both?

THANKS! :)

1. Need to know all the structural protections, express rights and the implied right in a great amount of detail. This is includes constitution sections and relevant cases. Always mentioned in exams in some form.

2. Don't need to know this

3. like brendan said for any topic that could have a strength/weakness question of evaluate question I learnt 5 and its corresponding weaknesses, because this covers you just in case you get a 10 mark question, or you may also get a question where they are like give two strengths except for blah, and that blah is one of your examples and you may not know others.

4. This is tricky, evaluate you don't have to but critically evaluate you do. I always did the strength and the corresponding weakness because it just flows better. I would do just to get into the habit and you wont lose marks if you do it in an evaluate question.

5. She challgned the validity of both acts.


Oh and Bredan you answers were fine :)

Hope that helps vashappenin
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 05, 2013, 12:07:06 am
Just quickly - there's no difference between evaluate, critically evaluate, critically examine, analyse, etc. It's all just an opinion plus discussing reasons for and against it.

Juxtaposing strengths with weaknesses is seen in all the best answers; it doesn't sound fluent or balanced without at least some of it. BUT! You can easily do one strength balanced against two or three weaknesses, or vice versa. It doesn't need to be one to one. Also, frequently you are asked to evaluate a strength or evaluate a weakness - in this case you MUST pair them up.

Ten points isn't enough for the final 10-marker, though. For most people it wouldn't fill out to the third page, and it leaves you no backup at all if one of your points isn't good enough for a mark by itself.

The odds of getting a 10-marker *just* on evaluation of the Australian constitutional protection of rights, however...?

Know all five express rights, but be able to evaluate two or three of them.

Enforcement of constitutional rights is optional content regarding Australia's approach to protecting, and can be used in the comparison as well.

There is no fixed number of structural protections, as they are not listed in the Constitution; I would know maybe two, and be able to evaluate the extent of their protection a little.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on April 06, 2013, 03:24:29 pm
For the Outcome 2 SAC, do we just have to remember cases  for the High Court Interpretation part or do we have to remember specific cases that relate to each of the express rights, specific sections of the constitution, etc.? I'm kinda confused as to which cases to remember because the book that I'm using (Justice & Outcomes) goes into detail with way too many cases, and the content is just all over the place imo. I've been using the AN study guide and studyon which is really helpful though.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 06, 2013, 04:10:09 pm
For the Outcome 2 SAC, do we just have to remember cases  for the High Court Interpretation part or do we have to remember specific cases that relate to each of the express rights, specific sections of the constitution, etc.? I'm kinda confused as to which cases to remember because the book that I'm using (Justice & Outcomes) goes into detail with way too many cases, and the content is just all over the place imo. I've been using the AN study guide and studyon which is really helpful though.

You need to know a couple. At least one for the implied right (eg. theophanous case), the roach case for the right to vote and any case that shows tha balance of power shifting from state to commonwealth eg. tassie dam case. Also could use brislan as the high court is interpreting the constitution.

But yeah defs need to know a couple depending on the question :)
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on April 06, 2013, 04:41:59 pm
You need to know a couple. At least one for the implied right (eg. theophanous case), the roach case for the right to vote and any case that shows tha balance of power shifting from state to commonwealth eg. tassie dam case. Also could use brislan as the high court is interpreting the constitution.

But yeah defs need to know a couple depending on the question :)
Just make sure you don't say there's an implied right to vote. We have 5 express rights, 1 implied right (political communication) currently found (more could be found), and then things that are structurally protected. Representative government protects our ability to vote.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 06, 2013, 05:18:53 pm
Just make sure you don't say there's an implied right to vote. We have 5 express rights, 1 implied right (political communication) currently found (more could be found), and then things that are structurally protected. Representative government protects our ability to vote.

Yeah sorry if i may have confused you but the theophanous case and others are examples for the implied right of freedom of speech on political matters
The right to vote is protected by sections 7 and 24 of the constitution that say the members of the house of representatives and senate must be directlly elected by the people.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 06, 2013, 07:14:13 pm
For the Outcome 2 SAC, do we just have to remember cases  for the High Court Interpretation part or do we have to remember specific cases that relate to each of the express rights, specific sections of the constitution, etc.? I'm kinda confused as to which cases to remember because the book that I'm using (Justice & Outcomes) goes into detail with way too many cases, and the content is just all over the place imo. I've been using the AN study guide and studyon which is really helpful though.

1. You must know TWO High Court cases that affected the balance of power between state and Commonwealth parliaments - for 2-5 marks each (3 being most likely), focusing on the impact of the case.

2. You must know ONE High Court case that affected the constitutional protection of rights in Australia - for 2-5 marks (3 being most likely), focusing on the impact on rights protection. This case may concern express rights, the implied right, or one of the structural protections.

3. Any other cases are optional illustrations, and ought to be limited to 1-2 mark answers - students frequently spend WAYYY too long on examples, especially considering you get maybe half to one mark for them.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 08, 2013, 09:38:16 am
Is it vital to know section numbers when talking about restrictions on the comonwealth ans state parliament? And around how many do we need to know for both?
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 08, 2013, 10:10:36 am
Is it vital to know section numbers when talking about restrictions on the comonwealth ans state parliament? And around how many do we need to know for both?

Yeah you need to know them and I would know them all if you can just to be safe
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 08, 2013, 03:22:23 pm
Is it vital to know section numbers when talking about restrictions on the comonwealth ans state parliament? And around how many do we need to know for both?

You don't need to know any section numbers apart from ss51 and 109. There is a difference between the minimum knowledge required and the best students, however.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on April 09, 2013, 12:16:29 pm
Wait.. So voting doesn't come under the implied right of political communication? I believe in the book it says 'Constitutional freedom of political communication protects federal voting'.
Also.. Is the right to vote considered a seperate structural protection, outlined in S41: 'no adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth.'
This right to vote thing is confusing the hell out of me..
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on April 09, 2013, 01:02:20 pm
Wait.. So voting doesn't come under the implied right of political communication? I believe in the book it says 'Constitutional freedom of political communication protects federal voting'.
Also.. Is the right to vote considered a seperate structural protection, outlined in S41: 'no adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth.'
This right to vote thing is confusing the hell out of me..
To my understanding,  the 'right' to vote (I use the term loosely), is structurally protected by representative government. This is why only one of Roach's challenged succeeded and the other failed; elections happen every three and a bit years or something, so if you're in jail for ten years, you aren't a part of society for the political party's term of office, so they aren't representing you. If you're in jail for under three years (this was the legislation reaffirmed in the Roach case), then you will be a part of society for some portion of the party's office, so should be represented. (I could be corrected?)
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on April 09, 2013, 01:06:58 pm
To my understanding,  the 'right' to vote (I use the term loosely), is structurally protected by representative government. This is why only one of Roach's challenged succeeded and the other failed; elections happen every three and a bit years or something, so if you're in jail for ten years, you aren't a part of society for the political party's term of office, so they aren't representing you. If you're in jail for under three years (this was the legislation reaffirmed in the Roach case), then you will be a part of society for some portion of the party's office, so should be represented. (I could be corrected?)
^^^
That's what I learnt.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 09, 2013, 03:39:52 pm
Wait.. So voting doesn't come under the implied right of political communication? I believe in the book it says 'Constitutional freedom of political communication protects federal voting'.
Also.. Is the right to vote considered a seperate structural protection, outlined in S41: 'no adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth.'
This right to vote thing is confusing the hell out of me..

Yeah Brendan is right on this. The right to vote is structurally protected by representive government. Sections 7 and 24 say that the house of reps and senate shall be directly elected by the people. However the isn't a full right to vote as the commonwealth can put restrictions on this such as kids, mentally ill and people in jail for me than 3 years (because they are considered to not have the same moral values of society)

Yeah if you are using the old key concepts book it still has the right to vote as an implied right but it defiantly isn't. Only implied right is freedom of speech on political matters

That make sense foreveryeti?
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on April 09, 2013, 03:43:22 pm
Yeah Brendan is right on this. The right to vote is structurally protected by representive government. Sections 7 and 24 say that the house of reps and senate shall be directly elected by the people. However the isn't a full right to vote as the commonwealth can put restrictions on this such as kids, mentally ill and people in jail for me than 3 years (because they are considered to not have the same moral values of society)

Yeah if you are using the old key concepts book it still has the right to vote as an implied right but it defiantly isn't. Only implied right is freedom of speech on political matters

That make sense foreveryeti?
Yeep that makes sense. How about Section 41 though is that relevant at all?
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on April 09, 2013, 03:48:35 pm
I'd lean towards no, unless you can use it to show off your skills and it's part of a judge's ratio. It's not specified in the study design and tbh I've never heard of it before. Megan should probably answer this question though hahaha
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 09, 2013, 05:06:53 pm
Yeep that makes sense. How about Section 41 though is that relevant at all?

Well i have never heard of section 41 coming up at all in VCE legal - so assuming no.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 09, 2013, 05:12:32 pm
I'd lean towards no, unless you can use it to show off your skills and it's part of a judge's ratio. It's not specified in the study design and tbh I've never heard of it before. Megan should probably answer this question though hahaha

Haha, yes, the Constitution is my true love!

Section 41 was mainly a transitional provision, to decide who got on the federal electoral roll (because some people, such as Aborigines, were allowed in some states but not in others at federation). Don't worry about it for contemporary purposes, and it certainly doesn't guarantee a right to vote.

In the meantime, who wants to join with me in a s44 challenge to kick half the members of parliament out??? (As long as Abbott goes, I'm fine with the collateral damage.)
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on April 10, 2013, 04:19:45 am
Abbott goes
I'm in.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 12, 2013, 11:02:48 am
What would I talk about for these questions? Are they relevant to the course or not?

- Evaluate the extent to which every Australian has the right to vote
- To what extent is the right to vote protected by the constitution?
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 12, 2013, 11:57:16 am
What would I talk about for these questions? Are they relevant to the course or not?

- Evaluate the extent to which every Australian has the right to vote
- To what extent is the right to vote protected by the constitution?

Yes very relevant.

1. So this question is asking if we do have the right to vote and then are there any limatations on tis right.
Yes we do have the right to vote under section 24 of the constitution. This section says that the house of reps and the senate must be directlly elected. As a result this is a structural protection as it is protected by the mechanism in the constituiton eg. responsible government But there are limitations to this. The parliament is able to limit certain groups from voting - if it can be justified - thus not a blanket right to vote. For example chilren under 18 can't vote as they are considered not informed/mature enough to be able to make a decision or physically can't (baby can't vote). Also say the mentally disabled. depending on the marks for this question i would also breifly mention the Roach case. In this case Vicki Roach was in prison and challenged the commonwealth's legislation that stopped all prisoners from voting. This was overturned back to the original law that said that prisoners in jail for more than 3 years can't vote. This is the case because it considered that these people have a different view of society and don't necessarily represent society morally.

2. This is quite similar to the first question.

Hope that helps :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 12, 2013, 12:21:42 pm
Thanks for that :)
So we have to know about the right to vote?
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 12, 2013, 12:45:32 pm
Thanks for that :)
So we have to know about the right to vote?

Yes!!!!
And don't say it is an implied right, it isn't. It is a structural protection.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 12, 2013, 12:55:27 pm
Dang. :/
Can you please explain the whole right to vote thing? There's so much in there and I'm just confused. My teacher, whose an assessor, said that we should just be able to explain at least 2 examples of structural protection, so I avoided this one
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 12, 2013, 09:52:06 pm
Dang. :/
Can you please explain the whole right to vote thing? There's so much in there and I'm just confused. My teacher, whose an assessor, said that we should just be able to explain at least 2 examples of structural protection, so I avoided this one

Don't worry, you don't need voting as an example of rights protection. It is *one* example of a structural protection, but there are plenty of others. You need one example at least, but two would be safer (as your teacher says). If you really struggle with the system of representative government protecting voting, then pick another :)

Basically, our Constitution establishes a democratic system of representative government - this is through the whole of Chapter 1, but specifically in ss7 and 24 which provide for the direct election of both houses of federal parliament by the people. If the people vote for parliament, then the system is democratic; if the Constitution is the thing that says the people vote for parliament, then the Constitution sets up that democratic system. One of the structural protections afforded by the Constitution is therefore the democratic system of representative government.

Remember that representative government *doesn't* mean just doing what the majority wants. Representative government really, traditionally, means speaking on behalf of the people regardless of which point of view you express: being chosen by them. Therefore, if parliament wants to be truly representative they can't speak only on behalf of a few people in society, or be chosen by only a few people in society. If voting was cut entirely, or limited to only a small percentage of people, the parliament wouldn't be truly representative or truly democratic because they would not have been chosen by the people as a whole to speak on behalf of the people as a whole.

This is why fair elections, involving a significant percentage of the people, are protected structurally by the Constitution. Each individual doesn't have the right to vote (which is why there is no right to vote), but the community as a whole is protected from the abuse of government power by having fair and regular elections in which the vast majority of the people get to participate. Even if you personally don't have the right to vote, as a member of the community you are protected by the democratic system of representative government.

Hence, laws banning too many people from voting for what the HCA thought were insignificant or unsubstantial reasons were (eg in Roach) held to be invalid.
Title: Re: VCE Legal Studies Question Thread
Post by: awesomejames on April 13, 2013, 09:33:36 pm
Is an unentrenched* bill of rights the same as a statutory bill of rights.?

Edited
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 13, 2013, 10:40:29 pm
Is an entrenched bill of rights the same as a statutory bill of rights.?



No!!
An entrenched bill of rights is one that is found within the constitution eg USA
A statutory bill of rights is one that is found within legistion passed through parliament eg NZ
Title: Re: VCE Legal Studies Question Thread
Post by: awesomejames on April 13, 2013, 10:49:20 pm
No!!
An entrenched bill of rights is one that is found within the constitution eg USA
A statutory bill of rights is one that is found within legistion passed through parliament eg NZ

omg sorry!!! i meant UNENTRENCHED*
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 13, 2013, 11:42:37 pm
omg sorry!!! i meant UNENTRENCHED*

Oh ok :p
Constitution/entrenched bill of rights means it is found within the constitution
Unentrenched means not found within constitution
Statutory means legislation passed through parliament

So yeah the same :)
Title: Re: VCE Legal Studies Question Thread
Post by: awesomejames on April 14, 2013, 08:57:24 am
Oh ok :p
Constitution/entrenched bill of rights means it is found within the constitution
Unentrenched means not found within constitution
Statutory means legislation passed through parliament

So yeah the same :)

Ok fantastic ty
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 14, 2013, 01:49:25 pm
Ok im studying Canadas constitutional approach to protecting rights. What exactly do I need to know? There are a lot of express rights listed, am I supposed to know all of them?? And is the cjarter of rights and freedoms their bill of rights? In the justice and outcomes textbook theres so much detail on things like pre-legislative scrutiny, overriding provision, advisory opinions,etc. Do we need to know this all in detail??

 Information overload.. I'm confused :/
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 14, 2013, 02:34:47 pm
Ok im studying Canadas constitutional approach to protecting rights. What exactly do I need to know? There are a lot of express rights listed, am I supposed to know all of them?? And is the cjarter of rights and freedoms their bill of rights? In the justice and outcomes textbook theres so much detail on things like pre-legislative scrutiny, overriding provision, advisory opinions,etc. Do we need to know this all in detail??

 Information overload.. I'm confused :/

I didn't do Canada but as a guide you need to know
- how rights are protected, do they have a bill of rights, is it in constitution or legislation
- what kind of rights are protected eg democratic, social rights
- how are te rights enforced, can judges declare legislation invalid if they contradict rights
- how can rights be changed eg referendum

Yeah need to know quite a bit of info on this because if a question is asked it is generally a comparison between your country and Australia
Hopefully someone can answer your questions specifically on Canada
Title: Re: VCE Legal Studies Question Thread
Post by: alkj2poivauu3q5oi on April 21, 2013, 03:53:52 pm
In the Tasmanian dam case the High Court was called on the interpret the words "external affairs" in S51(xxix) of the Constitution.

When referencing the Constitution sections, are we required to remember the (xxix) part or just the section S51?
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on April 21, 2013, 03:58:11 pm
In the Tasmanian dam case the High Court was called on the interpret the words "external affairs" in S51(xxix) of the Constitution.

When referencing the Constitution sections, are we required to remember the (xxix) part or just the section S51?

I think you have to remember the sub section no. because the "external affairs" power isn't just in s51; plus you have to be specific when mentioning it because there are many sub sections in S51 of the Constitution.
My teacher just said to remember the section that is interpreted because it's important to know why and the impact on that power. But always double check with your teacher :D
When's your AOS2 sac?
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 21, 2013, 04:05:49 pm
In the Tasmanian dam case the High Court was called on the interpret the words "external affairs" in S51(xxix) of the Constitution.

When referencing the Constitution sections, are we required to remember the (xxix) part or just the section S51?
Yes you really need to put in the subsections because as already stated there are many subsections in section 51. For example if you look t the aboriginal referendum this Oneida section 51 subsection xxvi
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on April 21, 2013, 04:17:17 pm
In the Tasmanian dam case the High Court was called on the interpret the words "external affairs" in S51(xxix) of the Constitution.

When referencing the Constitution sections, are we required to remember the (xxix) part or just the section S51?
My teacher says its not necessary to remember specific subsections (for the sacs, although this may depend upon your teacher), but it is probably good to remember it because you'll need it for the exam.
Title: Re: VCE Legal Studies Question Thread
Post by: redlynk on April 21, 2013, 04:32:47 pm
my legal  studies teacher has required us to know two other countries constitution for our next sac which two would be the easy examples  to remember?
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 21, 2013, 04:43:22 pm
my legal  studies teacher has required us to know two other countries constitution for our next sac which two would be the easy examples  to remember?



Ummm why two countries? You only need to know one in detail.
Aren't you doing it class or is your teacher making you do all the work? - which is a bit unfair

My teacher says its not necessary to remember specific subsections (for the sacs, although this may depend upon your teacher), but it is probably good to remember it because you'll need it for the exam.

Its also kinda one of those things where markers can potential separate you from someone who has put the subsections in, just shows a greater depth of knowledge.
If you know them put them in.
Title: Re: VCE Legal Studies Question Thread
Post by: alkj2poivauu3q5oi on April 21, 2013, 04:49:20 pm
I think you have to remember the sub section no. because the "external affairs" power isn't just in s51; plus you have to be specific when mentioning it because there are many sub sections in S51 of the Constitution.
My teacher just said to remember the section that is interpreted because it's important to know why and the impact on that power. But always double check with your teacher :D
When's your AOS2 sac?

Alright thanks. I guess I'll remember them to err on the side of caution. My SAC is on Tuesday and my teacher has been away since the end of last term  :-\
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on April 21, 2013, 04:52:13 pm
My SAC is on Tuesday and my teacher has been away since the end of last term  :-\
Good Luck on your sac! Is it on the constitution only?
Title: Re: VCE Legal Studies Question Thread
Post by: alkj2poivauu3q5oi on April 21, 2013, 05:28:59 pm
Good Luck on your sac! Is it on the constitution only?

Yep, we're leaving the Protection of Rights for the next SAC.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on April 21, 2013, 05:52:40 pm
Alright thanks. I guess I'll remember them to err on the side of caution. My SAC is on Tuesday and my teacher has been away since the end of last term  :-\

Oh, that sucks. I hope you do well, though.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 21, 2013, 06:21:59 pm
Sections and subsections (apart from ss109 and 128) aren't required for the exam. SACs: teacher rules.

Every bit of detail you have that is relevant and used effectively adds to your answer, but you get no bonus marks or credit for having sections or subsections. Focus on good analysis first - this is the bit most people miss, concentrating on dates, facts and numbers.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 21, 2013, 06:30:32 pm
^ Well i always got told it was important for the exam, and my teacher is an examiner. oh well
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on April 21, 2013, 06:32:46 pm
^ Well i always got told it was important for the exam, and my teacher is an examiner. oh well

Yeah, same. My teacher is very pedantic about details, but I guess subsections aren't that hard to remember.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on April 21, 2013, 06:39:48 pm
Yeah, same. My teacher is very pedantic about details, but I guess subsections aren't that hard to remember.
I always get mixed up with S51 xxxi and S51 xxix LOL
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on April 21, 2013, 06:44:18 pm
I always get mixed up with S51 xxxi and S51 xxix LOL

Really? It's ingrained in my brain that ix is 9 so I remember it without fail. As for the others, my teacher says that it's not that much of a problem if you write out the number instead of the roman numeral. I don't know if it applies for the exam as well but I guess it wouldn't really be detrimental if you've answered the question properly.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on April 21, 2013, 06:56:46 pm
Really? It's ingrained in my brain that ix is 9 so I remember it without fail. As for the others, my teacher says that it's not that much of a problem if you write out the number instead of the roman numeral. I don't know if it applies for the exam as well but I guess it wouldn't really be detrimental if you've answered the question properly.
According to my teacher, we would get penalized for putting in the subsection, then getting it wrong, so I'd rather not put in the subsection in the first place. :P
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on April 21, 2013, 07:11:21 pm
According to my teacher, we would get penalized for putting in the subsection, then getting it wrong, so I'd rather not put in the subsection in the first place. :P

Fair enough, haha.
Title: Re: VCE Legal Studies Question Thread
Post by: alkj2poivauu3q5oi on April 21, 2013, 08:13:26 pm
Does anybody know how the High Court "acts as a guardian of the Constitution"?

It seems pretty vague from what I've read - influencing the day-to-day application of the Constitution and ensuring that it remains to the Australian people. Would this just be a long winded way of saying they refer to the Constitution in cases that come before them?
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 21, 2013, 08:17:11 pm
Does anybody know how the High Court "acts as a guardian of the Constitution"?

It seems pretty vague from what I've read - influencing the day-to-day application of the Constitution and ensuring that it remains to the Australian people. Would this just be a long winded way of saying they refer to the Constitution in cases that come before them?

Yeah kinda. Well yes they are the guardian because they protect society from the tyranny of parliament. This is because they can declare any piece of legislation ultra vires if it contradicts with the constitution, thus limiting parliament power.
However they aren't the best of guardians because they can't do this whenever they like, this can only be done if an inividual or group willingly questions the piece of legislation to the high court, which is very expensive and very time consuming, thus there could be legislation out their that contradicts the constitution but no one has questioned it :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 22, 2013, 10:01:17 am
According to my teacher, we would get penalized for putting in the subsection, then getting it wrong, so I'd rather not put in the subsection in the first place. :P

Not true. Don't worry about it. (Obviously don't go to the other extreme of chucking in a whole lot of random guess material, either, though!)
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on April 22, 2013, 04:29:35 pm
OHMYGOD!! I received my AOS2 SAC1a results back and I'm so stoked. Can't believe I full marked it.
Thanks to everyone on this board :D
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 22, 2013, 05:07:21 pm
OHMYGOD!! I received my AOS2 SAC1a results back and I'm so stoked. Can't believe I full marked it.
Thanks to everyone on this board :D

Congrats dude :) very well done

Now worries happy to help

Keep asking questions guys :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 22, 2013, 07:17:43 pm
Just a question, did the brislan and tasmanian dam cases result in a shift from residual powers to concurrent power or exclusive power?

OHMYGOD!! I received my AOS2 SAC1a results back and I'm so stoked. Can't believe I full marked it.
Thanks to everyone on this board :D
Whoa, congratulations!! :D
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 22, 2013, 07:31:58 pm
Just a question, did the brislan and tasmanian dam cases result in a shift from residual powers to concurrent power or exclusive power?
Whoa, congratulations!! :D


I had been told it was concurrent power. This is the reasoning:
- Electricity, water and dams was a residual power
- Commonwealth though could legislate there because it was a international heritage site and under external affairs could pass law to uphold international treaties it had signed
- Thus now they can both make law in this


However I do know of others that say its exclusive, but I don't agree and neither did my teacher who is an examiner.

Pretty sure its concurrent
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 22, 2013, 07:44:52 pm
I had been told it was concurrent power. This is the reasoning:
- Electricity, water and dams was a residual power
- Commonwealth though could legislate there because it was a international heritage site and under external affairs could pass law to uphold international treaties it had signed
- Thus now they can both make law in this


However I do know of others that say its exclusive, but I don't agree and neither did my teacher who is an examiner.

Pretty sure its concurrent

Yeah that's what I'm thinking too. How about Brislan?
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 22, 2013, 07:47:16 pm
Also, Why has it been necessary for the High Court to interpret the Constitution?
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on April 22, 2013, 07:54:11 pm
Re; concurrent/exclusive -- from memory, this is one of the most ambiguous things in the course. I can't even answer the question with confidence, but I remember being marked down by my teacher for this in a SAC, but then earning myself a mark by debating it, quite heatedly,  from 3pm-3.40pm. I can't remember what I said and what he said, though.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 22, 2013, 08:01:45 pm
Yeah that's what I'm thinking too. How about Brislan?

Brislan becomes a concurrent power. Originally it was thought to be a residual but the high court found that it comes under other forms of communication in section 51(v).

Also, Why has it been necessary for the High Court to interpret the Constitution?

One reason is to ensure that the parliament of the day is making laws that it isn't allowed to. No point having a constitution that stops them from doing something if it isnt enforced.
Another reason is to keep up with the times, for example the Brislan case. section 51(v) only mentions telegraphic, telephonic and postal and other like services, so know they need to interepret what other like services are currently available today but not back then. \
Another reason is also to determine if there are any other implie rights in the constitution.


Aaand thats all i can think of off the top of my head at the moment :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 23, 2013, 07:01:23 pm
Hey how would i go about answering these? I don't need a full answer, just maybe what I should be including to get the required marks?

1. In Australia, methods and processes exist to enable a change to the division of law-making powers between Commonwealth and State Parliaments.
Identify one method of changing constitutional power and analyse its impact on the division of law-making powers. [5 marks]

For the analyse bit of this question I thought you just analysed the strengths and weaknesses of this method in relation to it's impact on the division of law-making powers. Is this correct or not?)

2. ‘It is very difficult to change the way law-making powers are divided between the State and Commonwealth Parliaments.’
Discuss the above statement and indicate the extent to which you agree with it, giving reasons for your answer. Include in your answer an explanation of how law-making powers are divided between State and Commonwealth Parliaments by the Commonwealth Constitution. [10 marks]

For this question I just talked about one way that lawmaking powers are divided, but for some reason I didn't mention the other two. My teacher said I had to mention all three.. Is that correct?)

3. “Australia’s approach to the constitutional protection of democratic and human rights is different from, and not as effective as, the approach adopted in the United Kingdom, the United States of America, Canada, New Zealand and South Africa”.
Compare Australia’s approach to the constitutional protection of democratic and human rights with the approach adopted in one of the countries listed above. In your answer, evaluate how effective the Commonwealth of Australia’s Constitution is in protecting democratic and human rights. [8 marks]

For this question I just talked about a similarity/difference between Australia and canada and whether this was a strength or weakness on Australia's behalf. I did this for 4 different things, since the question was out of 8. Is that all I do or should I also mention whether or not australia is more/less effective and why at the beginning or end??


Sorry for all the question! My sac is tomorrow and I'm just trying to clarify some doubts.
Thanks

Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 23, 2013, 07:13:57 pm
Hey how would i go about answering these? I don't need a full answer, just maybe what I should be including to get the required marks?

1. In Australia, methods and processes exist to enable a change to the division of law-making powers between Commonwealth and State Parliaments.
Identify one method of changing constitutional power and analyse its impact on the division of law-making powers. [5 marks]

For the analyse bit of this question I thought you just analysed the strengths and weaknesses of this method in relation to it's impact on the division of law-making powers. Is this correct or not?)

2. ‘It is very difficult to change the way law-making powers are divided between the State and Commonwealth Parliaments.’
Discuss the above statement and indicate the extent to which you agree with it, giving reasons for your answer. Include in your answer an explanation of how law-making powers are divided between State and Commonwealth Parliaments by the Commonwealth Constitution. [10 marks]

For this question I just talked about one way that lawmaking powers are divided, but for some reason I didn't mention the other two. My teacher said I had to mention all three.. Is that correct?)

3. “Australia’s approach to the constitutional protection of democratic and human rights is different from, and not as effective as, the approach adopted in the United Kingdom, the United States of America, Canada, New Zealand and South Africa”.
Compare Australia’s approach to the constitutional protection of democratic and human rights with the approach adopted in one of the countries listed above. In your answer, evaluate how effective the Commonwealth of Australia’s Constitution is in protecting democratic and human rights. [8 marks]

For this question I just talked about a similarity/difference between Australia and canada and whether this was a strength or weakness on Australia's behalf. I did this for 4 different things, since the question was out of 8. Is that all I do or should I also mention whether or not australia is more/less effective and why at the beginning or end??


Sorry for all the question! My sac is tomorrow and I'm just trying to clarify some doubts.
Thanks





1. Yeah this is right. So a strength of that method would be good at changing powers but a weaknesses of the method will be not so good.
Forx example one strength of using referendums to change law-making powers is that through the double majority provision it ensures only those changes that are made have the confidence and overwhelming support of the majoiryt of people in the majority of states, ensuring parliament can't give themselves power when they wish. However a weakness is that the earliest this can be done is 2 months after it being annouced because of the strict and rigid formula that must be upheld, which can be bad if a quick change is needed.

2. Done this question before and how I go about it is by saying that it depends what method is used to change division of law-making powers. Then go on about the strengths and weaknesses of each method. As it is 10 marks you have to mention all 3 and how the powers are dividied, remember for a 10 mark question you are looking at at least 3 full pages of writing.

3. Careful with this question because the are actually 2 different parts to it.
The first part says to compare the two approches so for 4 marks i would mention maybe 2 similiarities and 2 differences.
The second part says to evaluare so this here is when you look at the strengths and weaknesses of aus compared to canada and give an overall statement.


Does this make sense?
Good luck for you, let me know how you go :)
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on April 27, 2013, 08:53:05 pm
When answering HC impact questions, how much detail should I put into the facts of the case?
Or should i just go straight to the impact, eg- in the Franklin Dams case the cwth's powers were greatly expanded, and so forth.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on April 27, 2013, 08:57:21 pm
When answering HC impact questions, how much detail should I put into the facts of the case?
Or should i just go straight to the impact, eg- in the Franklin Dams case the cwth's powers were greatly expanded, and so forth.

I think it's important to be concise and not put in unnecessary info. For example, know the Act that was passed, why there was an argument between the Cth and the Tasmanian government, the section interpreted, the finding and finally the impact. It's also important to say the effect on the powers. Actually, just shoot us a paragraph and we'll see if you need to put more info or cut it down.
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on April 27, 2013, 09:22:47 pm
It'd depend how many marks were allocated. I would allocate a minority of the marks to the facts of the case. And just be wary you don't allocate marks to 'show off' things, which are great, but aren't necessary to earn you marks.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 27, 2013, 10:59:29 pm
When answering HC impact questions, how much detail should I put into the facts of the case?
Or should i just go straight to the impact, eg- in the Franklin Dams case the cwth's powers were greatly expanded, and so forth.

You should always have 2 maybe 3 lines depending on the wording of the question.
If you find yourself writing a paragraph just on the facts, you are going to far.

and also don't jump straight into the impact because most times there is at least 1 mark for the facts and the link of the facts to the impact.
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on April 28, 2013, 07:13:52 pm
Thanks guys.
Just another question, this sac is 50 marks and goes for 100 minutes, any tips for time management?
Should i plan out the 8 mark Questions?
TY in advance
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on April 28, 2013, 07:16:46 pm
You've got two minutes a mark, you'll be fine :P
Simply, don't write more than you need to per question, stick to a general 'two minutes or less' time limit per mark... If you start to exceed this time limit by too much, you're probably getting emotionally invested in making sure your answer for that particular question is perfect, whereas you should rationally move on to maximise your marks.
I never planned my evaluations because it was always
Strength-Wkn
Str-Wkn
Str-Wkn
Str-Wkn

No need to play when you do the same thing every time ;)
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 28, 2013, 07:19:53 pm
Thanks guys.
Just another question, this sac is 50 marks and goes for 100 minutes, any tips for time management?
Should i plan out the 8 mark Questions?
TY in advance


First of all dont make mistake others do (applies for all sacs and exams), you dont have to do the sac in order. Do questions you know for sure first.
Yes plan out the question just to make sure you answer everything but dont spend like more than 30 seconds on this a minute tops.
You should be alright because that means you have 2 minutes for one mark.
Some teachers are very picky in terms of stating the correct sections of constitution and acts of parliament so be careful of that.
Make you sure understand what each action word means eg. describe, evaluate, explain ......

Apart from that should be good

Good luck and let as know how you go :)

edit: damn beaten
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 06, 2013, 11:40:41 am
I am puzzled by this question: How can judges make law?
Title: Re: VCE Legal Studies Question Thread
Post by: hjm2 on May 06, 2013, 12:12:26 pm
I am puzzled by this question: How can judges make law?
Precedent and statutory interpretation. Exchange the word "judges" for "courts" if that helps :)
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on May 06, 2013, 12:17:20 pm
I am puzzled by this question: How can judges make law?
(I'll focus conceptually on giving you some clarity and not on giving you an ace answer of how judges make law)
Firstly, by their interpretation of the law. This one might be a little bit "Ohhhh, but are they realllllllly MAKING law, or just interpreting it?" - I think both in theory and practice the judges are making the law. As it suggests, this is where there is already a statute, and in the judge's interpretation of the words (or perhaps even the intentions) of the parliamentary law-makers can create a 'new' law. My very favourite case example is the 'studded belt case' or Deing V Tarola. Police charged a man in a McDonald's (totally irrelevant, I just think it's funny that it happened in Macca's) who was wearing a studded belt with spikes coming off it that could probably do some damage. The legislation at the time defined 'weapon' as something that could do harm, which provided a very broad interpretation of what a weapon was. The court ruled that a weapon should be defined by the user's intention to use the item as a weapon. So the law effectively changed through the court's decision. If the law is changed, it is fitting that we can refer to the first law as Law A, and the second law as Law B. If we accept that two different laws have come from the one statute, we must ask the question "but who made the second law?" The answer has to be courts.
**If you aren't convinced there were two laws after the decision, consider a builder with a hammer on his belt walking back to a building site. Under Law A, he could possibly be charged with a weapon. Under Law B, he wouldn't be, because his intentions are not to bash someone's knees in, rather hammer some nails back on the building site.

Judge's also make laws through their decision on cases in which there is no relevant legislation. This is done through their reasons for their decisions. (What follows is heavily based off of a real world case, however I don't know the details etc so we'll just talk hypothetically) -> When camera phones came out, there were obviously no laws surrounding the immoral use of mobile phones. Let's say someone took an 'upskirt' photo using their mobile of a woman walking down the street, and the woman took the man/woman who took the photo to court. Without a relevant law to decide on, the judge is effectively made redundant, right? Wrong! Because a judge can make a law here and say "Nah, upskirting is pretty dog, I'm going to say the plaintiff wins, here is the reason for my decision". If parliament then doesn't recognise the need for legislative law and it happens again, the next court can go "oh, it seems a previous court has already made a law surrounding cases like this. The provided a reason for their decision. I agree/am forced to agree with that judge. The plaintiff wins". This is a very layman's introduction to the doctrine of precedent.

So: Through interpreting statutes. Through making decisions in cases where there is no relevant statute.
Does that fix your conundrum?
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on May 06, 2013, 04:56:15 pm
Good luck and let as know how you go :)
Had my sac today and finished on 5 minutes early, allowing to re-read my answers.
BTW if anyone wants a practice sac on the constitution PM me. Thank you for your help guys
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 06, 2013, 06:33:37 pm
Oh, okay so pretty much interpretation of the law and creation of precedent?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 06, 2013, 10:31:31 pm
Oh, okay so pretty much interpretation of the law and creation of precedent?

Not really. The definitions they develop when interpreting legislation create precedent, AND the new rules they develop (such as negligence) when there is no legislation also create precedent.

Precedent just means court-made law: it covers both.

(Brenden, you're awesome.)
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on May 07, 2013, 04:36:12 am
(http://jeninesilos.writeforacause.org/wp-content/uploads/2012/10/cute-meme1.jpg)
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 08, 2013, 09:19:05 pm
how would i go about answering this question:
Explain the importance of judges and courts in law making (5 marks)?
To me the whole question seems kinda vague, do I explain the entire process in detail, including precendents, cases, etc. or do I just explain in general terms..
Title: Re: VCE Legal Studies Question Thread
Post by: michak on May 08, 2013, 09:55:00 pm
how would i go about answering this question:
Explain the importance of judges and courts in law making (5 marks)?
To me the whole question seems kinda vague, do I explain the entire process in detail, including precendents, cases, etc. or do I just explain in general terms..

This question is asking about how do judges make law, and is it really important.
From my interpretation this is how i would break down the question:

I think the first part is worth 2 marks about why it is important for judges to make law, thus explaining how important they are.
State two maybe three of either legislation wording changes over time, legislation may be ambigious, developments in technology not covered by law and there are others. Also maybe chuck in one example.

Then I think for 3 marks you would explain how important the way they make law is. Thus explaining how they make law through precedents and statutory interpretation. Also because its asking about their importance I would also mention things they can do that parliament doesnt really eg. make very specific laws, once they have a case it is a quick process, dont have to have consultations with public etc.


Tbh there is probably many ways you could answer this question and that would be mine, hope that helps some what :)
Title: Re: VCE Legal Studies Question Thread
Post by: staceyanne1 on May 13, 2013, 10:46:40 pm
Hi, i'm in year 11 taking my first 3/4 subject so I'm not sure how study scores work.
 

What would I have to get on upcoming SACS and the end of year exam in order to get a 45 in legal studies considering that I have gotten 92% on SAC1, and then I bummed out and got an 82% on SAC2?

Any help would be appreciated

Title: Re: VCE Legal Studies Question Thread
Post by: michak on May 13, 2013, 10:55:17 pm
Hi, i'm in year 11 taking my first 3/4 subject so I'm not sure how study scores work.
 

What would I have to get on upcoming SACS and the end of year exam in order to get a 45 in legal studies considering that I have gotten 92% on SAC1, and then I bummed out and got an 82% on SAC2?

Any help would be appreciated



Hey, welcome

As you will read your rank counts more, however when you want 45 + you dont want to lose too many marks.
Those are good marks dont worry too much about it as sacs may go up if you are in a strong cohort.

For legal you need to do well on the exam. You need a high A (1 mark off a A+) at least to have a chance at.

I got A+ in my sacs overall for unit 3 and unit 4 and an A on the exam - i stuffed up the exam, 1 mark off an A+.

I ended with 42.

Just do the best you can :)
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 15, 2013, 03:43:15 pm
For the question on ways to avoid precedents, would we need to know a case for each one, e.g. a case for overruling, etc.? Also in how much detail do  we need to know the AON risk services Australia Ltd. v Australian National University case?

This question is asking about how do judges make law, and is it really important.
From my interpretation this is how i would break down the question:

I think the first part is worth 2 marks about why it is important for judges to make law, thus explaining how important they are.
State two maybe three of either legislation wording changes over time, legislation may be ambigious, developments in technology not covered by law and there are others. Also maybe chuck in one example.

Then I think for 3 marks you would explain how important the way they make law is. Thus explaining how they make law through precedents and statutory interpretation. Also because its asking about their importance I would also mention things they can do that parliament doesnt really eg. make very specific laws, once they have a case it is a quick process, dont have to have consultations with public etc.


Tbh there is probably many ways you could answer this question and that would be mine, hope that helps some what :)
Also thanks for this answer i completely forgot about it.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on May 15, 2013, 03:49:58 pm
For the question on ways to avoid precedents, would we need to know a case for each one, e.g. a case for overruling, etc.? Also in how much detail do  we need to know the AON risk services Australia Ltd. v Australian National University case?
Also thanks for this answer i completely forgot about it.

In the study design it says you need to know 1 referendum and 2 high court cases - they are the only cases you actually need to know. Everything else is optional. However you should know the Roach case and 1 maybe 2 cases for implied right. So to answer your question only if you think it wil help you to explain the answer.

Also I have never heard of that case so cant comment :P
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 15, 2013, 04:10:59 pm
What's an A+ grade for Legal? 95 and above?
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 15, 2013, 04:43:14 pm
What's an A+ grade for Legal? 95 and above?
I think it depends on the year, last year for
GA1 (Unit 3 Sacs) it was 93-100
GA2 (Unit 4 Sacs) it was 94-100
GA3 (Exam) it was 121-140 (out of 140) which translates to about 86% i think.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on May 15, 2013, 07:00:39 pm
What's an A+ grade for Legal? 95 and above?

I think abominablemowman last year it was 122/140. The thing with legal is that it very rarely changes much from this number may go up or down 1 but thats about it.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 15, 2013, 08:05:04 pm
I think it depends on the year, last year for
GA1 (Unit 3 Sacs) it was 93-100
GA2 (Unit 4 Sacs) it was 94-100
GA3 (Exam) it was 121-140 (out of 140) which translates to about 86% i think.

Thanks for the replies. I'm glad that I'm faring well in this subject. Woo. Almost had a heart attack.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 15, 2013, 10:10:38 pm
So I have a SAC tomorrow and I'm really confused about this one part..
My teacher says that we have to use Mabo and Wik as an example for a question on doctrine of precedent (because it's the most recent), but I don't understand how Mabo set a precedent for Wik..
This whole Native title and Pastoral Leases thing confuses me.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 15, 2013, 11:19:19 pm
So I have a SAC tomorrow and I'm really confused about this one part..
My teacher says that we have to use Mabo and Wik as an example for a question on doctrine of precedent (because it's the most recent), but I don't understand how Mabo set a precedent for Wik..
This whole Native title and Pastoral Leases thing confuses me.

Before Mabo the law was that people could own property by purchasing the 'Torrens Title' (a piece of paper registered with the government) to it. This law was made by parliament, thus contained in legislation.

The reason why the current parliament has the authority to decide who owns the land in Australia and who doesn't (and what you have to do to own it) is because when the British settled Australia they treated it as unoccupied land and thus free for the taking. This 'unoccupied land' bit is known as the principle of 'terra nullius'.

In the Mabo case the High Court decided that there was *another* way people could own land, in addition to the Torrens Title legislation: this was through showing they owned it (by living on it) since before the British arrived, and had not stopped living on it since (as a community). They called this 'Native Title' and created it as a *court-made law* that existed as well as the parliament-made law.

In order to do this they overturned the assumption of 'terra nullius' and decided Australia WAS occupied at British settlement. They changed it from 'taking land belonging to no-one' to 'conquering land belonging to someone' - and, therefore, any part of the land that had not properly been "conquered" still belonged to the same people who owned it before.

The precedent was therefore essentially the concept of native title.

The Wik case relied on this precedent, and then asked that the High Court clarify more specifically when native title ownership could be recognised and when it couldn't in situations where it appeared to clash with statutory ownership/use. Without having the precedent of native title to rely on in the first place, there would be no clash with statutory ownership/use and thus no reason for the case :)

Honestly, though - it's like a 1 mark example you can use in a few instances but don't HAVE to use anywhere. Don't stress about the little details.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 16, 2013, 11:58:05 am
Before Mabo the law was that people could own property by purchasing the 'Torrens Title' (a piece of paper registered with the government) to it. This law was made by parliament, thus contained in legislation.

The reason why the current parliament has the authority to decide who owns the land in Australia and who doesn't (and what you have to do to own it) is because when the British settled Australia they treated it as unoccupied land and thus free for the taking. This 'unoccupied land' bit is known as the principle of 'terra nullius'.

In the Mabo case the High Court decided that there was *another* way people could own land, in addition to the Torrens Title legislation: this was through showing they owned it (by living on it) since before the British arrived, and had not stopped living on it since (as a community). They called this 'Native Title' and created it as a *court-made law* that existed as well as the parliament-made law.

In order to do this they overturned the assumption of 'terra nullius' and decided Australia WAS occupied at British settlement. They changed it from 'taking land belonging to no-one' to 'conquering land belonging to someone' - and, therefore, any part of the land that had not properly been "conquered" still belonged to the same people who owned it before.

The precedent was therefore essentially the concept of native title.

The Wik case relied on this precedent, and then asked that the High Court clarify more specifically when native title ownership could be recognised and when it couldn't in situations where it appeared to clash with statutory ownership/use. Without having the precedent of native title to rely on in the first place, there would be no clash with statutory ownership/use and thus no reason for the case :)

Honestly, though - it's like a 1 mark example you can use in a few instances but don't HAVE to use anywhere. Don't stress about the little details.
Thank YOUUU :D
My teacher said that we had to remember mabo and wik for the SAC :(
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 16, 2013, 05:31:51 pm
Hey just received my part b of my Constitution SAC and I lost marks on this question:

"Define referral of powers. Discuss how the referral of powers is limited in altering the division of law-making powers between the State and the Commonwealth Parliaments."  4 marks.

I defined referral of powers and a mark but I was quite lost as to what the other 3 marks were for.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on May 16, 2013, 06:06:07 pm
Hey just received my part b of my Constitution SAC and I lost marks on this question:

"Define referral of powers. Discuss how the referral of powers is limited in altering the division of law-making powers between the State and the Commonwealth Parliaments."  4 marks.

I defined referral of powers and a mark but I was quite lost as to what the other 3 marks were for.

The other 3 marks would have been for answering the second part of the question - "discuss how the referral of powers is limited in altering the division of law-making powers between states and commonwealth"

You could have said:
- It is up to the states to first give the commonwealth their power, even if another state does they don't have to
-It is also limited if only a few of the states do it, this then possibly results in varying laws just as if the states still had the power, only really works well if all states refer power
-States are very sceptical and dont want to limit their power at all and have the commonwealth control another aspect of law making thus very reluctant to give them away.

Also your teacher may have had 2 marks allocated for the definition. :)
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 16, 2013, 06:36:42 pm
The other 3 marks would have been for answering the second part of the question - "discuss how the referral of powers is limited in altering the division of law-making powers between states and commonwealth"

You could have said:
- It is up to the states to first give the commonwealth their power, even if another state does they don't have to
-It is also limited if only a few of the states do it, this then possibly results in varying laws just as if the states still had the power, only really works well if all states refer power
-States are very sceptical and dont want to limit their power at all and have the commonwealth control another aspect of law making thus very reluctant to give them away.

Also your teacher may have had 2 marks allocated for the definition. :)

Oh. okay. That's very clear. I don't know why I wrote something different  on the SAC when I knew this. :/
Thanks for answering :)
Title: Re: VCE Legal Studies Question Thread
Post by: michak on May 16, 2013, 07:08:19 pm
Oh. okay. That's very clear. I don't know why I wrote something different  on the SAC when I knew this. :/
Thanks for answering :)

No worries
Dont worry too much about it, hopefuly you got everything else right.

Better to make the mistake now so you will defs remember for the exam :)
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 16, 2013, 08:27:36 pm
No worries
Dont worry too much about it, hopefuly you got everything else right.

Better to make the mistake now so you will defs remember for the exam :)

Thanks. :) That's a good point. I'll definitely know not to write something stupid.
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on May 16, 2013, 09:44:11 pm
hey i received 45/50 for AOS2 :-\\
I lost a mark on a 8 mark question about comparing countries- i think I said something wrong about the president.
And another mark on this question "To what extent is s.109 a restriction on the states" 5 marks- I defined it, explained how it restricted, used an example-first uniform tax case- but only received 3 marks.
And i lost half marks for lack of depth.
However the highest score was only 46/50
Title: Re: VCE Legal Studies Question Thread
Post by: michak on May 16, 2013, 10:00:05 pm
hey i received 45/50 for AOS2 :-\\
I lost a mark on a 8 mark question about comparing countries- i think I said something wrong about the president.
And another mark on this question "To what extent is s.109 a restriction on the states" 5 marks- I defined it, explained how it restricted, used an example-first uniform tax case- but only received 3 marks.
And i lost half marks for lack of depth.
However the highest score was only 46/50


Hey that is still a really good mark dont sweat on it :)

if i was you i would go and see your teacher and ask what you needed to add to the questions you got wrong.
And that s.109 question was from last years exam and a lot of people didnt do too well.


Just make sure you figure out what went wrong. Did you just not know the information or did you have trouble explaining your answer?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 17, 2013, 02:53:28 pm
hey i received 45/50 for AOS2 :-\\
I lost a mark on a 8 mark question about comparing countries- i think I said something wrong about the president.
And another mark on this question "To what extent is s.109 a restriction on the states" 5 marks- I defined it, explained how it restricted, used an example-first uniform tax case- but only received 3 marks.
And i lost half marks for lack of depth.
However the highest score was only 46/50

Just wondering - in what context did you mention the president? I assume this was the comparison of approaches to rights protection...
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on May 18, 2013, 10:49:31 am
Hey are we required to know the methods used by judges for statutory interpretation? e.g extrinsic and intrinsic methods, purposive and legislative approach, etc? It's not explicitly stated in the study design, so I'm not too sure.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 18, 2013, 11:00:42 am
Hey are we required to know the methods used by judges for statutory interpretation? e.g extrinsic and intrinsic methods, purposive and legislative approach, etc? It's not explicitly stated in the study design, so I'm not too sure.
We had to learn it for our SAC, so I'm assuming its required.. although not too sure. We had to learn everything about statutory interpretation, reasons, methods, etc
Title: Re: VCE Legal Studies Question Thread
Post by: michak on May 18, 2013, 11:12:58 am
Hey are we required to know the methods used by judges for statutory interpretation? e.g extrinsic and intrinsic methods, purposive and legislative approach, etc? It's not explicitly stated in the study design, so I'm not too sure.

As it isn't specifically stated this means you wont get a question directly asking it eg. what are extrinsic materials. This is for the exam your sac maybe different.
However in them you may get a question in which these methods may help you explain your answer, so yes I would still know them. Saying that though I cant remember a VCAA question where I used these methods, but better than sorry and anyway they arent to hard to remember.
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on May 18, 2013, 05:42:16 pm
Just wondering - in what context did you mention the president? I assume this was the comparison of approaches to rights protection...
Yeah how USA doesn't have responsible government.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 19, 2013, 09:39:29 pm
Yeah how USA doesn't have responsible government.

Ohh, makes sense. Just two quick things: the USA doesn't have responsible government but they still do have accountability measures, so just double-check the point you're making re rights protection; and the focus is on the approach taken (eg the existence of structural protections in general) rather than individual rights or protections, so again just double-check to make sure you're not comparing the specific protections themselves :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on May 25, 2013, 08:25:13 pm
Hey! What are all the things we need to talk about when asked to discuss the ability of courts as lawmakers?
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 25, 2013, 08:53:12 pm
Hey! What are all the things we need to talk about when asked to discuss the ability of courts as lawmakers?

I think you can talk about when they are able to make laws and when they are not able to make laws. Depending on the question, you might want to say that courts don't just make or change laws without the need to.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 25, 2013, 08:53:48 pm
Hey! What are all the things we need to talk about when asked to discuss the ability of courts as lawmakers?
Is effectiveness the same as ability? If so then you'd have to talk about the various strengths and weaknesses of courts such as
- Courts can change the law quickly, but are only able to make laws if a case is brought to them by a person with standing.
-Judges are not elected, therefore they are not subject to political pressures; However, this may mean that judges do not necessarily represent the views and values of the people.
-Courts make laws ex post facto
-Precedents create predictability and certainty in lawmaking through courts but sometimes courts may have to follow outdated precedents.
-Courts can interpret the words of an act of parliament, to provide a more just result; However, courts cannot change the wording of statute

And of course in much more detail depending on the type of question, number of marks etc. In my SAC there was a question that said 'critically evaluate the effectiveness of courts as lawmakers' and was worth 8 marks. We were required to discuss the strengths and weaknesses in detail. (I dont know if effectiveness and ability are the same thing 0_o)
Title: Re: VCE Legal Studies Question Thread
Post by: michak on May 25, 2013, 10:55:58 pm
Is effectiveness the same as ability? If so then you'd have to talk about the various strengths and weaknesses of courts such as
- Courts can change the law quickly, but are only able to make laws if a case is brought to them by a person with standing.
-Judges are not elected, therefore they are not subject to political pressures; However, this may mean that judges do not necessarily represent the views and values of the people.
-Courts make laws ex post facto
-Precedents create predictability and certainty in lawmaking through courts but sometimes courts may have to follow outdated precedents.
-Courts can interpret the words of an act of parliament, to provide a more just result; However, courts cannot change the wording of statute

And of course in much more detail depending on the type of question, number of marks etc. In my SAC there was a question that said 'critically evaluate the effectiveness of courts as lawmakers' and was worth 8 marks. We were required to discuss the strengths and weaknesses in detail. (I dont know if effectiveness and ability are the same thing 0_o)

Yeah ability if effectiveness. Its pretty much asking can courts make law? yes or no. And because it isn't an evaluate/critically evaluate question you aren't required to give the weakness of a strength.

Also I wouldn't say that courts can make/change laws quickly especially when they are compared to parliament, they can potential do it in a day.
Another point you can see is yes they have the ability to make law but this is a very specific and narrow area of law as they can only make law related to the case; cant make wide sweeping changes.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 26, 2013, 04:21:40 pm
Hey! What are all the things we need to talk about when asked to discuss the ability of courts as lawmakers?

'Discuss' means much the same as evaluate, analyse, etc, so have a look at both sides of the argument.

Effectiveness in terms of courts means both their ability to make law AND their desirability as law-makers - so those two components really opens it up.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on May 27, 2013, 04:32:36 pm
Ok so this is what I think are the typical questions for the DPs of aos3. My SAC is tomorrow, so I guess this is good revision for me. If there's anything I missed out on, or included that shouldn't have been, correct me!

• the ability of judges and courts to make law
      -  comment on the judge's ability to make law WHAT DO I TALK ABOUT HERE? :s is it just the 2 ways courts can make law and limitations on this ability?
      -  how are judges limited in their ability to make law?
      -  explain the process of lawmaking by courts (2 ways and elaborate on them)
      -  discuss the ability of courts to change the law

• doctrine of precedent
      - critically evaluate the process of doctrine of precedent; when mentioning RODD, do I always have to define them all?

• statutory interpretation
      - explain reasons for statutory interpretation
      - what are some effects of statutory interpretation?

• parliament and the courts
      - explain the relationship between parliament and the courts in lawmaking
      - critically evaluate courts as lawmakers

is there anything I missed out on that I could potentially be asked?
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 27, 2013, 05:53:41 pm
Quote
WHAT DO I TALK ABOUT HERE? :s is it just the 2 ways courts can make law and limitations on this ability?
Yes. But you can also be asked whether judges should or shouldn't make law. Eg. Courts should not be able to change law. Here, you're meant to use the info just for a normal question but you have to have a contention or a judgement where you can say that although judges can change laws, they do not do it as often as Parliament because their main role is dispute resolution.

Quote
when mentioning RODD, do I always have to define them all?
Yes, I think you have to if it is a "critically evaluate" question because you have to explain how judges can be flexible. However, one must note that disapproving doesn't really offer flexibility.

Okay, here are some potential questions:
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on May 27, 2013, 06:09:46 pm
Yes. But you can also be asked whether judges should or shouldn't make law. Eg. Courts should not be able to change law. Here, you're meant to use the info just for a normal question but you have to have a contention or a judgement where you can say that although judges can change laws, they do not do it as often as Parliament because their main role is dispute resolution.
Yes, I think you have to if it is a "critically evaluate" question because you have to explain how judges can be flexible. However, one must note that disapproving doesn't really offer flexibility.

Okay, here are some potential questions:
  • To what extent are judges bound to follow binding precedent in similar fact situations? Justify your answer.
  • The courts should not be allowed to make laws - Kate, Brunswick. Justify your answer whether the courts should or should not be able to make laws.
  • Explain a judge's role in regards to statutory interpretation. Why do judges have to interpret statutes? In your explanation, explain the effects of statutory interpretation with the use of an illustrative example.

Ok thanks! For whether they should or shouldnt make laws do you just evaluate courts as lawmakers?
And for your second suggested question, is that also kind of an evaluation of them with your opinion stated as well?
What do you talk about yo explain a judges role in regards to statutory interpretation
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 27, 2013, 06:24:13 pm
Ok thanks! For whether they should or shouldnt make laws do you just evaluate courts as lawmakers?
And for your second suggested question, is that also kind of an evaluation of them with your opinion stated as well?
What do you talk about yo explain a judges role in regards to statutory interpretation

1. This was a question on a previous VCAA exam and I'm pretty sure you can definitely attack that way. But what I meant in the question was to discuss the instances where judges CAN make law and the LIMITATIONS that they have, and then have a little judgement/opinion to say that judges don't always make laws. In attacking it your way, I think you can also say that the courts as law-makers are good lawmakers but that they should work in conjunction with Parliament as Parl has expertise and that because of the court's limitations, they cannot make or change laws as quickly as Parl can.
2. Yes.
3. It's asking why sometimes judges have to interpret the meaning of an Act.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on May 27, 2013, 06:58:10 pm
Ok thankyou! A lot of this stuff is really confusing for me, especially in terms to what to talk about for different types of questions :S
Title: Re: VCE Legal Studies Question Thread
Post by: awesomejames on May 29, 2013, 12:03:13 pm
Does anyone know the name of the case heard in the supreme court in the 1980's when they created a new law (precedent) in regards to the use of IVF technology because the case had no law existed in that area yet.
 The facts of the case were
•   An American couple came to Melbourne and got onto the IVF program. A number of the woman’s eggs were fertilised with her husband’s sperm and frozen for later use. The couple returned to the U.S and were both killed in an air crash.
•   A dispute arose over what should happen to the frozen fertilized eggs.
•   The decision of the Supreme Court of Victoria in this case created a new law (a precedent), because before this case no law existed in this area.
•   The Victorian Parliament had not made any laws to regulate IVF technology, nor had any court anywhere in the world been called upon to settle a similar dispute involving this new form of reproductive technology; so there were no precedents, binding or persuasive, that the Supreme Court could refer to.

Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 29, 2013, 03:04:08 pm
Does anyone know the name of the case heard in the supreme court in the 1980's when they created a new law (precedent) in regards to the use of IVF technology because the case had no law existed in that area yet.

Is it the York v. Jones (1989) case?

On another note, just finished my Legal SAC today and we had FOUR questions, but most were extended answers though. I think I did well. :)
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 29, 2013, 05:29:50 pm
On another note, just finished my Legal SAC today and we had FOUR questions, but most were extended answers though. I think I did well. :)
My sac had four questions too although some of them were split into two.. I got 24/25 BUT I LOST HALF MARKS :(
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 29, 2013, 06:15:35 pm
My sac had four questions too although some of them were split into two.. I got 24/25 BUT I LOST HALF MARKS :(

Whoa. Teachers still do half marks? :P
Congrats on the score.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 30, 2013, 09:12:26 am
Whoa. Teachers still do half marks? :P
Congrats on the score.
There were two one mark questions on two cases.. I think it was the trigwell case and another one.. I didn't exactly know what to write for the questions so i left them till the end and ended up outlining the whole case for each question (like 8 lines worth of writing), and i lost  half marks for each question.
Thanks, but i could've done better LOL
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on May 30, 2013, 06:12:40 pm
Sorry if this is irrelevant to the thread, but when you guys create questions from each chapter, do you get them from past exams on the vcaa or ask your teacher to create some for you, im on chapter 4 of the legal studies book which is the role of the courts as law makers. im really wondering if you guys have any questions you use, that you could post here that would assist me with chapter 4 please.
thanks
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 30, 2013, 06:25:18 pm
Sorry if this is irrelevant to the thread, but when you guys create questions from each chapter, do you get them from past exams on the vcaa or ask your teacher to create some for you, im on chapter 4 of the legal studies book which is the role of the courts as law makers. im really wondering if you guys have any questions you use, that you could post here that would assist me with chapter 4 please.
thanks
https://www.dropbox.com/sh/11s46o44vlk0t02/S4-d-KZKFQ
Here's some of my practice questions and other stuff on Outcome 3.. :)
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 30, 2013, 07:03:20 pm
There were two one mark questions on two cases.. I think it was the trigwell case and another one.. I didn't exactly know what to write for the questions so i left them till the end and ended up outlining the whole case for each question (like 8 lines worth of writing), and i lost  half marks for each question.
Thanks, but i could've done better LOL

Nah, it was an impressive score. Have you already started Unit 4?

Quote
Sorry if this is irrelevant to the thread, but when you guys create questions from each chapter, do you get them from past exams on the vcaa or ask your teacher to create some for you, im on chapter 4 of the legal studies book which is the role of the courts as law makers. im really wondering if you guys have any questions you use, that you could post here that would assist me with chapter 4 please.
thanks
Hey there! Most of the questions that I get are either from Legal Notes(the study guide), the textbook and VCAA. And sometimes I make my own.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 30, 2013, 07:51:32 pm
Nah, it was an impressive score. Have you already started Unit 4?
We have Unit 3 trial exams so we've just been doing Unit 3 revision.. but I believe we're starting next week. Are you guys still doing outcome 3 :O
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on May 30, 2013, 08:50:19 pm
thanks for that assistance, ive decided to try and start doing practice questions on this area of study early instead of constantly summarising areas. im really tied of being 3 marks away from 100% and i  really want this one to be a 100% sac that is coming up in 2 weeks haha
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 30, 2013, 08:54:37 pm
thanks for that assistance, ive decided to try and start doing practice questions on this area of study early instead of constantly summarising areas. im really tied of being 3 marks away from 100% and i  really want this one to be a 100% sac that is coming up in 2 weeks haha
Good luck!!
I've found that its better to do notes early on and start summarising stuff and then start doing more practice questions as the SAC gets closer.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 30, 2013, 08:55:20 pm
We have Unit 3 trial exams so we've just been doing Unit 3 revision.. but I believe we're starting next week. Are you guys still doing outcome 3 :O

No, actually we've started KK1 and 2 (Key knowledge - refer to study guide) of Unit 4. We're actually going to have a Unit 3 test soon but it doesn't account for anything but pure revision.

Quote
thanks for that assistance, ive decided to try and start doing practice questions on this area of study early instead of constantly summarising areas. im really tied of being 3 marks away from 100% and i  really want this one to be a 100% sac that is coming up in 2 weeks haha

Yes, I think one should always spend more time on practising questions than perfecting their notes. But 3 marks away from 100% is still great effort :) I'm aiming to get 100 and maintain that score for the rest of this Unit. Oh, and our teacher gave us a chocolate and a bookmark for finishing Unit 3. She's really sweet.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 30, 2013, 09:09:19 pm
No, actually we've started KK1 and 2 (Key knowledge - refer to study guide) of Unit 4. We're actually going to have a Unit 3 test soon but it doesn't account for anything but pure revision.  Oh, and our teacher gave us a chocolate and a bookmark for finishing Unit 3. She's really sweet.
I hope we start Unit 4 soon, we've just been doing revision just for practice..
LOL yeah our teacher gives us lollies too but she's pretty mean when she marks SACs 
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 31, 2013, 02:42:16 pm
I hope we start Unit 4 soon, we've just been doing revision just for practice..
LOL yeah our teacher gives us lollies too but she's pretty mean when she marks SACs

Haha, at least you'll be well versed for Unit 3. Unit 4 seems very small.
I guess that's how she compensates for it.
Title: Re: VCE Legal Studies Question Thread
Post by: awesomejames on May 31, 2013, 05:37:50 pm
Is it the York v. Jones (1989) case?

On another note, just finished my Legal SAC today and we had FOUR questions, but most were extended answers though. I think I did well. :)

I don't think it is that case. Apparently it was in the early 80's.
Anyone else?
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on June 02, 2013, 04:08:49 pm
Hi guys :)
My unit 3 internal exam is coming up in a few days, so what do you think I should be doing to prepare? I've done a tonne of practice exam questions prior to each SAC and i need to refresh my memory on my notes and relevant examples, etc. Do you think i should just go over my notes and all my responses and  feedback from the practice exam questions or should I try and do some more questions??

Thanks! :)
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on June 02, 2013, 05:17:17 pm
Hi guys :)
My unit 3 internal exam is coming up in a few days, so what do you think I should be doing to prepare? I've done a tonne of practice exam questions prior to each SAC and i need to refresh my memory on my notes and relevant examples, etc. Do you think i should just go over my notes and all my responses and  feedback from the practice exam questions or should I try and do some more questions??

Thanks! :)

I think you should just have a quick flick through your notes and then combine a questions list in an unordered set, with some questions focusing on or linking to another topic in the Unit. VCAA has good questions and your textbook or study guide might have them too. Good luck!
Title: Re: VCE Legal Studies Question Thread
Post by: staceyanne1 on June 02, 2013, 06:23:24 pm
HI GUYS,

i urgently need help as I have a SAC coming up and I don't know how to answer this question.

Evaluate the extent to which the doctrine of precedent allows the courts to change law. (8 marks)

If somebody could help me lay it out or give me any help it would be greatly appreciated
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on June 02, 2013, 07:21:29 pm
HI GUYS,

i urgently need help as I have a SAC coming up and I don't know how to answer this question.

Evaluate the extent to which the doctrine of precedent allows the courts to change law. (8 marks)

If somebody could help me lay it out or give me any help it would be greatly appreciated

Evaluate = analyse
the extent = to what extent

If you rephrase it, "To what extent can the courts change law through the doctrine of precedent?", it's easier to tackle. I believe this question refers to the flexibility methods of judges and how they can reverse, overrule and distinguish precedents. However, you MUST must mention that there are limitations in the courts being able to change law because of their position in the hierarchy.

So, from now on, anything with 'to what extent' or anything with that word, as well as evaluate/discuss/analyse, means that you must show both sides of the coin. In some cases, you may deliver an opinion but it is not necessarily needed.
Good luck!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on June 03, 2013, 10:07:31 am
Hi guys :)
My unit 3 internal exam is coming up in a few days, so what do you think I should be doing to prepare? I've done a tonne of practice exam questions prior to each SAC and i need to refresh my memory on my notes and relevant examples, etc. Do you think i should just go over my notes and all my responses and  feedback from the practice exam questions or should I try and do some more questions??

Thanks! :)

I would say focus on the areas or topic(s) which you find the hardest. There isn't really any point going over content which you are confident with (and hence, know well). Good luck!
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on June 03, 2013, 10:11:13 am
Do you think I should be doing new questions or should I just read through my responses to all the practice exam questions that I've already done?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on June 03, 2013, 01:33:50 pm
Do you think I should be doing new questions or should I just read through my responses to all the practice exam questions that I've already done?

That's really up to you. Doing more questions doesn't always equate to achieving a better mark (quality over quantity). If the questions you've already done cover a broad range of topics, perhaps go over those questions and refine your responses (i.e. try to improve them).
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on June 03, 2013, 05:16:37 pm
Do you think I should be doing new questions or should I just read through my responses to all the practice exam questions that I've already done?

I just want to add that whilst you can read your responses to questions, you should always always practise questions more than reading them. Or practise the question again to see if you actually remember how to tackle it.


On a separate note, does anyone have a good way of remembering the civil original and appellate and criminal original and appellate jurisdictions of the courts?
Title: Re: VCE Legal Studies Question Thread
Post by: Firemurphy on June 03, 2013, 09:16:25 pm
Could anyone tell me if there is a difference between critically evaluate and evaluate.
When I asked my teacher, he said that critically evaluate means to focus slightly more on the weaknesses (ie. be critical when evaluating). Is that true, and do we need to be negative about the topic? Eg. if the topic was critically evaluate the roles of courts, do we have to say the courts are weak simply because it is critically evaluate?
in simple words, does critically evaluate means to show strength and weakness but come to an evaluation on why the topic is weak?
Title: Re: VCE Legal Studies Question Thread
Post by: michak on June 03, 2013, 09:36:32 pm
Could anyone tell me if there is a difference between critically evaluate and evaluate.
When I asked my teacher, he said that critically evaluate means to focus slightly more on the weaknesses (ie. be critical when evaluating). Is that true, and do we need to be negative about the topic? Eg. if the topic was critically evaluate the roles of courts, do we have to say the courts are weak simply because it is critically evaluate?
in simple words, does critically evaluate means to show strength and weakness but come to an evaluation on why the topic is weak?


I was told to treat them both the same. So if it said critically evaluate parliament as law makers you would give one strength of parliament but then its corresponding weakness. Eg. parliament can make laws very quickly, including wide sweeping changes as all steps of a passage of bill can be done in one day if need be in certain circumstances (terriorist laws) however parliament only sits for very few days of the year (cant remember how many) so change can be slow.
Just remember that they need to match up. I think in evaluate they don't need to correspond but I would get into the habit of it anyway.

Also a trick that VCAA (and my teacher loved) was to say critically evaluate 2 weaknesses of parliament, so you would say the weakness first then its strength - got me all the time because most people would state a strength first before a weakness. :)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on June 03, 2013, 09:44:24 pm
Could anyone tell me if there is a difference between critically evaluate and evaluate.
When I asked my teacher, he said that critically evaluate means to focus slightly more on the weaknesses (ie. be critical when evaluating). Is that true, and do we need to be negative about the topic? Eg. if the topic was critically evaluate the roles of courts, do we have to say the courts are weak simply because it is critically evaluate?
in simple words, does critically evaluate means to show strength and weakness but come to an evaluation on why the topic is weak?

For me, when I did Legal Studies back in 2011 - the way I approached 'critically evaluate' and 'evaluate' was that 'critically evaluate' meant I had to show corresponding strengths and weaknesses to the question, whereas my points for a simple 'evaluate' question didn't need to be corresponding. That said, in any given 'evaluate' question (whether critically evaluate or not), I would try to describe corresponding points because it shows to your teacher or marker the relationship between your points (and makes your answer flow better). I wouldn't think you need to come up with an evaluation on why the topic is 'weak'. I would simply say something along the lines of: "Despite the weaknesses of the courts, overall it is..." etc.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on June 04, 2013, 04:25:52 pm
Could anyone tell me if there is a difference between critically evaluate and evaluate.
When I asked my teacher, he said that critically evaluate means to focus slightly more on the weaknesses (ie. be critical when evaluating). Is that true, and do we need to be negative about the topic? Eg. if the topic was critically evaluate the roles of courts, do we have to say the courts are weak simply because it is critically evaluate?
in simple words, does critically evaluate means to show strength and weakness but come to an evaluation on why the topic is weak?

My teacher advises me to treat them the same. Basically she said that critically evaluate and evaluate mean to show both sides of the argument. So if they say to critically evaluate two weaknesses of the jury system, you would also have to mention the strengths. In some cases, you are required to give a judgement but this depends on the question.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on June 25, 2013, 02:29:14 pm
I just want to ask, in terms of remembering the dispute resolution methods, do we need to know when they are used by VCAT and the courts?
Title: Re: VCE Legal Studies Question Thread
Post by: Dejan on June 25, 2013, 03:20:58 pm
I just want to ask, in terms of remembering the dispute resolution methods, do we need to know when they are used by VCAT and the courts?
No that wouldn't be necessary
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on June 25, 2013, 04:39:43 pm
I just want to ask, in terms of remembering the dispute resolution methods, do we need to know when they are used by VCAT and the courts?

You need to know that all four are used by both avenues/venues (each place having its own rules and programs etc) - but beyond that the detail on it is primarily information that you can choose to use in your comparisons and evaluations. It also helps with your problems and changes to the legal system in Outcome 2, particularly as many programs are quite recent :)
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on June 25, 2013, 05:40:31 pm
Alrighty, thank you both! :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 02, 2013, 04:43:42 pm
Hey what exactly do we need to know about criminal cases and civil disputes?? Do we just need to be able to distinguish between both and know examples, or is it everything including things such as parties to the case, jury, aim, etc. (i.e. everything in the table which has popped up in A+ notes and the Justice and Outcomes Textbook??)
Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 03, 2013, 10:34:23 am
Hey what exactly do we need to know about criminal cases and civil disputes?? Do we just need to be able to distinguish between both and know examples, or is it everything including things such as parties to the case, jury, aim, etc. (i.e. everything in the table which has popped up in A+ notes and the Justice and Outcomes Textbook??)
Thanks!

Yeah, in 3/4 Legal the difference between criminal and civil disputes is mainly how you classify all the *other* info you need to know! But it's still important; people frequently forget civil jurisdiction when asked for both, or mix up their criminal and civil proceedings. Also, if a hypothetical scenario is given to you, you need to be able to see whether it is a criminal or civil one and answer accordingly.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 03, 2013, 10:40:57 am
Yeah, in 3/4 Legal the difference between criminal and civil disputes is mainly how you classify all the *other* info you need to know! But it's still important; people frequently forget civil jurisdiction when asked for both, or mix up their criminal and civil proceedings. Also, if a hypothetical scenario is given to you, you need to be able to see whether it is a criminal or civil one and answer accordingly.
So we just need to know the general difference between the two, or are other things- such as aim, person bringing and defending the action (e.g. defendant, accused, plaintiff, prosecution), consequences of the action, pre-trial procedures, verdict and resolution processes- all meant to be known as well??
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on July 03, 2013, 12:05:20 pm
Do we have to know in detail about all the specialist divisions and their corresponding jurisdictions, e.g. the koori court, drug court, etc.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 03, 2013, 04:53:56 pm
Do we have to know in detail about all the specialist divisions and their corresponding jurisdictions, e.g. the koori court, drug court, etc.

None!
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on July 03, 2013, 05:51:32 pm
None!
like none at all 0_o? Extra marks if specialist courts are mentioned?
But there is a possibility that there might be something on SACs right.
Title: Re: VCE Legal Studies Question Thread
Post by: Dejan on July 03, 2013, 05:55:00 pm
I remember having a Koori Court question on my SAC, but it wouldn't necessary to know everything about the specialist courts
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 03, 2013, 06:01:46 pm
like none at all 0_o? Extra marks if specialist courts are mentioned?
But there is a possibility that there might be something on SACs right.

None. No extra marks.

If they were established within the last 5 years you might use them for the final sub-topic on the course about recent reforms... but apart from that. Nup.

SACs are a bit at the discretion of the teacher. Technically they should follow the Study Design, but they may consider some 'optional' information something they are teaching you for detail or elaboration - or they may have plans to use it in a later sub-topic such as reforms.
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on July 06, 2013, 07:07:00 pm
Hi guys, quick question from Justice and Outcomes textbook. (ch6 Resolution bodies and methods)
Here it is: the question gives us an example: (Q10c, pg335 6.6)
"Kristen (plaintiff) recently sued Lorraine and Barry (defendant) for negligence and was successful. The court awarded Kristen $10,000 in damages. Lorraine and Barry (D)  were not happy with the decision and want to change the decision."
In which court would the appeal be heard??

This question is really confusing for me.
Firstly, would Kristen's case be heard originally in the Magistrates Court?  I thought you couldn't appeal a Magistrates' Court's (civil jurisdiction)'s decision? How would Lorraine and Barry appeal- what court would it go to? Certainly not the County Court?
The defendant cannot appeal the decision unless they are arguing that the law was incorrectly applied, or the wrong law was applied. -on point of law.
I think it's a trick question but I may be wrong
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 06, 2013, 07:30:06 pm
For the role of VCAT as being cost-effective, do we need to know any actual numerical costs for filing claims or just that they provide a low-cost method of resolving disputes?

Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 06, 2013, 10:01:54 pm
Also, are mediation, arbitration and conciliation still referred to as ADR or what? My teacher told us to refrain from classifying them as ADR, but just describe them as different methods of dispute resolution.. Isn't it the same thing though? I'm confused :\ How do we talk about them and describe them??

And what exactly do we need to know about each method? I'm soo lost!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 06, 2013, 10:38:08 pm
Hi guys, quick question from Justice and Outcomes textbook. (ch6 Resolution bodies and methods)
Here it is: the question gives us an example: (Q10c, pg335 6.6)
"Kristen (plaintiff) recently sued Lorraine and Barry (defendant) for negligence and was successful. The court awarded Kristen $10,000 in damages. Lorraine and Barry (D)  were not happy with the decision and want to change the decision."
In which court would the appeal be heard??

This question is really confusing for me.
Firstly, would Kristen's case be heard originally in the Magistrates Court?  I thought you couldn't appeal a Magistrates' Court's (civil jurisdiction)'s decision? How would Lorraine and Barry appeal- what court would it go to? Certainly not the County Court?

As already stated if the dispute was heard in the Mag's.

If it had complex law or evidence it could have been heard in the County or even Supreme Court, though - in which case the appeal would be heard by the Court of Appeal.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 06, 2013, 10:39:02 pm
For the role of VCAT as being cost-effective, do we need to know any actual numerical costs for filing claims or just that they provide a low-cost method of resolving disputes?

EVERYONE says "faster, cheaper, less formal". You need some kind of detail or evidence, but the exact choice of it is up to you.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 06, 2013, 10:43:10 pm
Also, are mediation, arbitration and conciliation still referred to as ADR or what? My teacher told us to refrain from classifying them as ADR, but just describe them as different methods of dispute resolution.. Isn't it the same thing though? I'm confused :\ How do we talk about them and describe them??

And what exactly do we need to know about each method? I'm soo lost!

Yes, the term 'ADR' retired a number of years ago. Originally it meant 'alternative to courts'... but now that courts use all four methods of dispute resolution, that doesn't make much sense... :/ So now all four are just 'methods'! If you like you can say "non-judicial methods" if you really need to separate out med, con and arb for some reason.

But you shouldn't be lumping them all together, anyway, so think of it as just a range of choices available for civil disputes.

Know things such as:

- The role of the third party.
- How the outcome is reached.
- When the outcome will be binding.
- Roughly how it's used in courts and VCAT.
- When the method will be compulsory to attend.
- How formal or adversarial it is.
Etc...
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 06, 2013, 10:52:28 pm
Yes, the term 'ADR' retired a number of years ago. Originally it meant 'alternative to courts'... but now that courts use all four methods of dispute resolution, that doesn't make much sense... :/ So now all four are just 'methods'! If you like you can say "non-judicial methods" if you really need to separate out med, con and arb for some reason.

But you shouldn't be lumping them all together, anyway, so think of it as just a range of choices available for civil disputes.

Know things such as:

- The role of the third party.
- How the outcome is reached.
- When the outcome will be binding.
- Roughly how it's used in courts and VCAT.
- When the method will be compulsory to attend.
- How formal or adversarial it is.
Etc...
Thanks so much! Do we need to know the exact process of each method or not? And how many examples of bodies using each method do we need to know??
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 06, 2013, 11:21:16 pm

*******************
With respect, Megan I did not really understand your reply, Sorry for wasting your time: but can a decision by a Magistrates' Court (hearing civil cases) ever be appealed?
I think I know the problem in the question.. I assumed too much? the question said the damages awarded NOT VALUE OF CLAIM was $10,000 so it did not necessarily originated in the Magistrates' Court?
In any case that question was quite tricky because it assumed that the student knew that the case did not originate in the Mag's and since it only asked for the appellate court which would be Court of Appeal regardless of it originating in Supreme/County Court, the question would be solved. Do you agree?
 Haha wasn't prepared for a tricky question in the Justice and Outcome textbook considering all questions are quite straightforward!

We don't know where the case originated - it could have started in any one of the Mag's, County or Supreme. Most likely is the Mag's, in which case a point of law appeal can go to the Supreme.

If, however, it started in the County or Supreme Courts the appeal could be point of fact OR point of law, and would go to the Court of Appeal. County and Supreme have unlimited jurisdiction. As in, from zero to infinity.

I don't think it's a great question.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 06, 2013, 11:22:38 pm
Thanks so much! Do we need to know the exact process of each method or not? And how many examples of bodies using each method do we need to know??

Nah :) Just a general idea.

And same for the second - just a general idea of how it's used by courts and VCAT.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 07, 2013, 06:12:36 pm
Hey I know I asked this before, but I'm still confused :S
What exactly do we need to know re: civil and criminal cases and in how much detail??
Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on July 07, 2013, 09:29:03 pm
heyy guys, im on holidays yaaay, if anyone is familiar with that really helpful guy in the BM section that has all AOS study prac sac's. i was just wondering does anyone here have prac sacs for unit 3 all outcomes for legal that i can have as im trying to revise over unit 3 on my holidays, cheers guys.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 15, 2013, 08:32:48 pm
Do these questions apply to the current study design for Unit 4 AOS1?
- Sophie is having problems with a property that she owns. Sophie has been advised to make an application to the Victorian Civil and Administrative Tribunal – Residential Tenancies List in order to resolve these problems.
Outline the jurisdiction of the Victorian Civil and Administrative Tribunal – Residential Tenancies List. Explain two advantages of tribunals in resolving disputes. [6 marks] -->Are we supposed to know about the jurisdiction of VCAT or is that from the past study design?

- The following extract is from a newspaper article. It contains errors.
Today is the start of Brendan’s civil action against Henry in the Supreme Court. Brendan is claiming $3000 for breach of contract. Henry, the plaintiff, is strongly denying any liability. In court Brendan must prove his case beyond reasonable doubt to the judge.
Identify two errors in the above extract and provide the correct definition, process or procedure.

- Bruce, aged 18, has been charged with breaking into a house and stealing a plasma television. He has decided to plead not guilty to the charge and have it heard in the Magistrates Court.
His friend, Danni, tells him that:
  a. Bruce could have this case tried in another court if he wanted to; and
  b. if Bruce is convicted in the Magistratesí Court, there is more than one possible appeal available to him.
Do you agree with Danniís advice? Give reasons for your answer.

- Do we need to know examples of pre-trial proceedings and remedies awarded?

Thanks! :)

EDIT: added more questions
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 15, 2013, 09:37:55 pm
Do these questions apply to the current study design for Unit 4 AOS1?
- Sophie is having problems with a property that she owns. Sophie has been advised to make an application to the Victorian Civil and Administrative Tribunal – Residential Tenancies List in order to resolve these problems.
Outline the jurisdiction of the Victorian Civil and Administrative Tribunal – Residential Tenancies List. Explain two advantages of tribunals in resolving disputes. [6 marks] -->Are we supposed to know about the jurisdiction of VCAT or is that from the past study design?

- The following extract is from a newspaper article. It contains errors.
Today is the start of Brendan’s civil action against Henry in the Supreme Court. Brendan is claiming $3000 for breach of contract. Henry, the plaintiff, is strongly denying any liability. In court Brendan must prove his case beyond reasonable doubt to the judge.
Identify two errors in the above extract and provide the correct definition, process or procedure.

- Bruce, aged 18, has been charged with breaking into a house and stealing a plasma television. He has decided to plead not guilty to the charge and have it heard in the Magistrates Court.
His friend, Danni, tells him that:
  a. Bruce could have this case tried in another court if he wanted to; and
  b. if Bruce is convicted in the Magistratesí Court, there is more than one possible appeal available to him.
Do you agree with Danniís advice? Give reasons for your answer.

- Do we need to know examples of pre-trial proceedings and remedies awarded?

Thanks! :)

EDIT: added more questions

No yes yes :)

The final question doesn't make sense to me, though. You need to know the procedures etc that are on the Study Design.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 15, 2013, 09:53:59 pm
Thanks! The last question was referring to a question in checkpoints where it says: "Describe the process of two pre-trial proceedings which may have occurred prior to this case coming to trial" and "Explain the remedy Maria was awarded"
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 16, 2013, 12:02:08 am
Ohhh, okay. The procedures and remedies you need are listed in the SD.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 16, 2013, 09:13:11 pm
Hey! If asked to outline the criminal/civil jurisdiction of a court, do we mention both original and appellate? Likewise, if asked to outline the original/appellate jurisdiction of a court, do we mention both criminal and civil? And if asked either of these questions in relation to the Supreme Court, if the division is not specified, do we answer the question in relation to the Trial Division AND the Court of Appeal or is it implying the Trial Division only?

Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on July 16, 2013, 09:44:14 pm
Hey! If asked to outline the criminal/civil jurisdiction of a court, do we mention both original and appellate? Likewise, if asked to outline the original/appellate jurisdiction of a court, do we mention both criminal and civil? And if asked either of these questions in relation to the Supreme Court, if the division is not specified, do we answer the question in relation to the Trial Division AND the Court of Appeal or is it implying the Trial Division only?

Thanks :)
What I've been told is
Yes, Yes, Yes both.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 16, 2013, 10:57:05 pm
Just do TD unless you look at the mark allocation and go, "what the hell???"

Mind you, look at the exam and they've been more specific about divisions in recent years. Possibly to avoid this confusion.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 17, 2013, 09:14:07 pm
Ok thanks!
This question: The Marital Status Act 2009 has just been passed by the Victorian Parliament. If the constitutional validity of the Marital Status Act 2009 was challenged, identify the court that would hear this matter. Outline one aspect of its appellate jurisdiction. [2 marks]
It relates to the High Court, but we don't need to know about that for this AOS do we?
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 17, 2013, 09:42:36 pm
Ok thanks! Just clarifying :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 17, 2013, 10:23:32 pm
I've been asking so many questions lately! Sorry haha! :S It's because my SAC is around the corner and I wanna make sure I've effectively covered every question that could possibly crop up :)

Explain the main role of VCAT within the Victorian legal system. [4 marks]
It says main role, so what do we say? Because it's four marks, can we just briefly discuss low costs, timely resolution, accessible and informal, and quality and expertise or is it something else? Because I feel like these are 4 separate roles rather than one main role.. Or I might be missing the point.. And when asked this question, should we just start off by giving definition of VCAT before actually getting into the role?

Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on July 18, 2013, 04:43:42 pm
How would one structure the questions below:

1. Evaluate the methods of the dispute resolution. Provide an answer to support judicial determination. (8 marks)

2. Evaluate how the courts and VCAT operate and decide which is more effective. In your answer include two strengths and weaknesses of each dispute resolution. (10 marks)

Thanks for  your help.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 20, 2013, 03:35:21 pm
When answering questions relating to the jurisdiction of a court, what's the best way to structure it?
a. Criminal jurisdiction
     - original
     - appellate
    Civil jurisdiction
     - original
     - appellate

OR

b. Original jurisdiction
    - criminal
    - civil
    Appellate jurisdiction
    - criminal
    - civil

or do you guys do it even more different than this? What would be the best way?
Title: Re: VCE Legal Studies Question Thread
Post by: Dejan on July 20, 2013, 03:39:59 pm
When answering questions relating to the jurisdiction of a court, what's the best way to structure it?
a. Criminal jurisdiction
     - original
     - appellate
    Civil jurisdiction
     - original
     - appellate

OR

b. Original jurisdiction
    - criminal
    - civil
    Appellate jurisdiction
    - criminal
    - civil

or do you guys do it even more different than this? What would be the best way?
That would be the best way, I got full marks when I structured my answer like in the above
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 20, 2013, 03:48:40 pm
wait a or b?
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on July 20, 2013, 04:13:05 pm
When answering questions relating to the jurisdiction of a court, what's the best way to structure it?
a. Criminal jurisdiction
     - original
     - appellate
    Civil jurisdiction
     - original
     - appellate

OR

b. Original jurisdiction
    - criminal
    - civil
    Appellate jurisdiction
    - criminal
    - civil

or do you guys do it even more different than this? What would be the best way?

Honestly for jurisdiction questions I don't think structure really matters - I think having the content right is much more important. The assessor is unlikely to take any marks off if you have all the  jurisdiction of a court. Structure is probably more important in essays. Personally I would do Option "b" but "a" is just as good.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 21, 2013, 10:29:43 pm
Stephanie operates a small company and last year she sued Zed Company. She believed that because Zed Company had broken a contract she had with them, she would lose $180 000. Stephanie won the case but said afterwards that she found the whole process of going to court very unsatisfactory.
a.   In which court is it most likely that this case would have been heard? [1 mark]

The answer is County Court, but why isn't it the Supreme Court too, since both courts can hear civil cases of unlimited amounts?

b.   Describe another method of dispute resolution that could have been used to resolve this case. Explain two reasons why Stephanie might have found this other method more satisfactory. [6 Marks]

It says the answer is mediation, but why? I don't get why it isn't conciliation or arbitration, but it's mediation instead... :\

Please help me out!
Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 22, 2013, 09:33:19 am
How many strengths/weaknesses should we try to know for dispute resolution methods and the way courts and VCAT resolve disputes?
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on July 22, 2013, 10:00:34 am
How would one structure the questions below:

1. Evaluate the methods of the dispute resolution. Provide an answer to support judicial determination. (8 marks)

2. Evaluate how the courts and VCAT operate and decide which is more effective. In your answer include two strengths and weaknesses of each dispute resolution. (10 marks)

Thanks for  your help.

REPOST because question was not answered.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 22, 2013, 11:42:48 am
Um. Part a) probably needs clarification... But I was told that in general, the Supreme Court hears the more serious civil disputes - so when in doubt, choose the County Court because the question asks "most likely".

Part b) Conciliation and arbitration are definitely acceptable. The answer of mediation was probably only intended as a sample answer...

I agree :)

And, with (a), there's nothing to indicate that the dispute was particularly serious or complex, so County would be most likely.

Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 22, 2013, 11:48:29 am
REPOST because question was not answered.

Well, the second part of the first question doesn't make sense. I can't see that being on the exam. With the rest of the first question, evaluate just means strengths and weaknesses with an opinion - so, do that for the four methods, saying which one you think is best (or all equal, just for different disputes etc).

With the second question, it kind of says how to structure it in the question itself. Examine two strengths and two weaknesses of court, and two strengths and two weaknesses of VCAT. That's not a lot of content for 10 marks, though, so they have to be realllly good ones.

Note: With that second question, I assume the words "avenue for" are missing at the end between "weaknesses of each" and "dispute resolution" (in other words, "weaknesses of each avenue for dispute resolution") - because courts are VCAT are avenues. If they threw the word 'methods' in the second sentence it would change the question a LOT.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on July 22, 2013, 06:06:54 pm
Well, the second part of the first question doesn't make sense. I can't see that being on the exam. With the rest of the first question, evaluate just means strengths and weaknesses with an opinion - so, do that for the four methods, saying which one you think is best (or all equal, just for different disputes etc).

With the second question, it kind of says how to structure it in the question itself. Examine two strengths and two weaknesses of court, and two strengths and two weaknesses of VCAT. That's not a lot of content for 10 marks, though, so they have to be realllly good ones.

Note: With that second question, I assume the words "avenue for" are missing at the end between "weaknesses of each" and "dispute resolution" (in other words, "weaknesses of each avenue for dispute resolution") - because courts are VCAT are avenues. If they threw the word 'methods' in the second sentence it would change the question a LOT.

Thanks. These were questions from our SAC. There was a case scenario and it asked to support judicial determination as a method that the person should use. I hope that makes sense.
Thank you for replying!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 22, 2013, 09:49:11 pm
Thanks. These were questions from our SAC. There was a case scenario and it asked to support judicial determination as a method that the person should use. I hope that makes sense.
Thank you for replying!

That's okay. Honestly, they would stump me a bit if I got them. Not in terms of content, because the content's not hard - just in terms of what the question was asking.

With the first question, if you're evaluating all four methods, that is arguing for and against all four. So presenting arguments in favour of JD doesn't seem to easily mesh with that - is it in addition to evaluating JD as one of the methods, or something else...

With the second, I don't know how you've get a 10-marker out of two strengths and two weaknesses each. That sounds like a good 8-marker, but I would be really stretching it to get 10.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on July 25, 2013, 10:19:48 pm
Hi guys.
Quick questions on Dispute Resolutions.
1. Which court will have the jurisdiction to hear the following cases:
- Assault.
- Causing injury
- Theft
Assault: Pretty sure this depends on the type of assault, weather its an summary offence or not. For example common assault and aggravated assault are summary offences so they will definitely be be heard in the Magistrates' Court. However rape and indecent assault are considered indictable offences so they will most likely be heard in the County Court.
Causing Injury: This is also similar, there are many types and they can either be indictable or summary offences depending on the case.
Theft: is always an indictable offence (But it could be heard summarily in the Magistrate's Court if it is deemed appropriate)
So it will all depend on what specific type of case it is.

See: http://www.austlii.edu.au/au/legis/vic/consol_act/soa1966189/ for a list of summary offences in Victoria
See: http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/ for a list of indictable offences in Victoria

Just to clarify: VCAT decisions cannot be appealed (on a point of fact, damages or even the decision)?, unless it is on a point of law?
Ie. You cannot appeal the damages awarded to the other party or the fact that they have won the case, unless it is related to a law?
That would generally be a weakness because VCAT has limited avenues of appeal meaning that if parties are unhappy with decisions or if they think the decision is wrong they cannot appeal unless it is on a point of law. This may mean that mistakes could be made and they won't be rectified.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 25, 2013, 10:31:34 pm
Hi guys.
Quick questions on Dispute Resolutions.

1. Which court will have the jurisdiction to hear the following cases:
- Assault.
- Causing injury
- Theft
 
I know both the County Court and Magistrates' Court has jurisdiction to hear these, but which court would you write if a question asks you to name one court. I initially wrote County Court for all three because I thought that is the most likely court, but the Magistrates' Court has the jurisdiction to hear these cases as well.... dilemma :s

2. Just to clarify: VCAT decisions cannot be appealed (on a point of fact, damages or even the decision)?, unless it is on a point of law?
Ie. You cannot appeal the damages awarded to the other party or the fact that they have won the case, unless it is related to a law?


Thanks in advance!

EDIT:
Just quickly: when stating the appellate criminal jurisdiction of a court (say, the County Court) do you have to specify that the appeal does not have to be on sentence?
Ie. "An appeal from the Magistrates' Court on conviction and/or SANCTION (not just sentence)"

or is it "sentence" accepted because can't fines/community correction orders be appealed?

I know I am getting a bit pedantic here, but my teacher uses these small details to differentiate the cohort in SACs.

1. As already answered regarding assault and injury. Regarding theft, it depends on the value of the theft. From memory it's about $25,000 or so in the MC and more $$$ is above (except for theft of motor vehicles, where the MC limit is higher). Or is it $40,000 in the MC...? Meh, you get my drift.

2. Yep, that's correct re VCAT. Sounds unfair, but it's paying less for a faster resolution by executive order. You can argue it as a strength and a weakness.

3. I'd say 'sentence' - mainly because that's what was in the Assessor's Report most recently, so you have something authoritative to point to if there's ever a difference of opinion.
Title: Re: VCE Legal Studies Question Thread
Post by: Colokid on July 28, 2013, 07:25:19 pm

1. no adr methods are only for civil cases, criminal cases go straight to court.
2.yes arbitration is confidential, not open to the public like the courts, and yes this would be a strength of arbitration
3. yeah i am sure you can, but make sure at the start of your answer/essay, write - Alternative dispute resolution methods, and then you can use the abbreviation from then on in the answer
4. no only civil cases can be appealed to the Court of Appeal on a question of fact.
criminal cases can only be appealed on points of law, conviction or sanction to the court of appeal.

hope this helps
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 29, 2013, 12:51:47 pm
Hi guys.

A few questions on the Dispute Resolution topic.

1. Is it true that mediation can be used in criminal disputes; arbitration and conciliation only civil?
So if a question asked you to distinguish between, say, mediation and arbitration would you say mediation is suitable for both criminal and civil whilst arbitration is only suitable for civil?

The reason how I got the idea that mediation is also for criminal disputes is because of restorative justice? The book mentions this, that mediation is part of post-trial victim-offender resotration?

2. Is arbitration confidential? I was struggling to find differences between judicial determination and arbitration. So would you say one strength of arbitration is that it is confidential?

3. When you are trying to refer to mediation, conciliation and arbitration as a collective, can you abbreivate them as ADR. I remember my teacher saying that they don't use the abbrievation ADR anymore?

4. Can criminal cases be appealed to the Court of Appeal on a question of fact?
In the book, the appellate criminal jurisdiction of the Court of Appeal does not include appeals on question of fact. But for civil appellate jurisdiction, questions of fact is mentioned.
Clarification please?

Thanks.

1. Restorative justice and victim/offender mediation only resolve personal issues - not legal ones. Med, con and arb are only for civil disputes in terms of legal outcomes.

2. Arbitration is only confidential when conducted through the courts. All hearings in VCAT presided over by the President or a Vice-President are conducted using arbitration, and these are open to the public. If you're struggling for differences, think also that JD is adversarial whereas arbitration is conducted inquisitorially; arbitration has limited appeal avenues; judicial officers are legally-qualified, independent members of the judiciary, whereas arbitrators are employed on contract by the executive; JD has strict rules of evidence and procedure whereas arbitration has flexible...etc :)

3. Nope, don't use 'ADR'. It doesn't make sense anymore since all methods are used by courts, so they're not 'alternatives' to court anymore. Use "non-judicial" if you really need to group them.

4. Conviction and sentence are essentially questions of fact, so don't worry. A question of fact appeal is essentially querying a fact of the case rather than an interpretation or application of law - as in, the facts of the case do not support a conviction, or do not support the sanction that was given.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on August 09, 2013, 09:46:01 am
Hi
I need help understanding the committal hearings. Please explain.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 09, 2013, 02:42:00 pm
Hi
I need help understanding the committal hearings. Please explain.

From memory, committal hearings are a criminal pre-trial procedure to determine whether there is sufficient evidence for a judge and/or jury to reach a decision (i.e. prima facie). If there is deemed to be sufficient evidence, the case will go to trial in either the County or Supreme court.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on August 09, 2013, 02:50:58 pm
From memory, committal hearings are a criminal pre-trial procedure to determine whether there is sufficient evidence for a judge and/or jury to reach a decision (i.e. prima facie). If there is deemed to be sufficient evidence, the case will go to trial in either the County or Supreme court.

Would I need to know the committal proceedings or just know the purpose of committal hearings? Thanks for your reply.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 09, 2013, 04:29:13 pm
Would I need to know the committal proceedings or just know the purpose of committal hearings? Thanks for your reply.

Both. I've seen questions in the past where it has asked to evaluate one or two criminal pre-trial procedures, aside from committal hearings. I would learn two or three criminal and civil pre-trial procedures; be able to explain them in depth but also be able to evaluate them (i.e. the effectiveness of a pre-trial procedure).
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 09, 2013, 07:36:18 pm
Would I need to know the committal proceedings or just know the purpose of committal hearings? Thanks for your reply.

You need to know the content/definition of committals for *about* 2 marks (although 3 marks prep in your notes would be safer), plus 1-2 marks on the purpose. The primary purpose is to see if there is sufficient evidence to support the possibility of a conviction in a higher court (and therefore justify the time, expense and stress of trial), however there are other secondary ones.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 10, 2013, 03:03:12 pm
I am really confused.

What are committal proceedings?

I know they are definitely not committal hearings.

Oh, um - they're the same thing. <awkward>

;)

Seriously, for your purposes, there's no difference. You could write an entire essay on committals, but all you need is roughly a 2-mark explanation and 1-2 marks on purposes. Then perhaps a few strengths and weaknesses.

But - don't use 'prima facie'. Use 'evidence of sufficient weight to support a conviction at trial'.
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on August 12, 2013, 06:33:38 pm
hi all, im on outcome 2 now and my sac is next week, just wondering if anyone has practice questions they may be able to send or post here as it will really help prepare me for the SAC, couple pages back a guy sent me a link to a dropbox which had unit 3 work on it but not unit 4 dammn.

thank you
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on August 13, 2013, 05:07:21 pm
Are we required to know strengths and weaknesses of the inquisitorial system of trial or not??
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on August 13, 2013, 05:50:53 pm
Also:
- what exactly do we need to know  for each: bail, remand and committal hearings?
- what exactly do we need to know for the 3 selected criminal sanctions?

Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on August 13, 2013, 07:40:13 pm
Are we required to know strengths and weaknesses of the inquisitorial system of trial or not??
The study design doesn't specifically say to know the strengths and weaknesses of the inquisitorial system, but I believe there have been past questions on the exams which ask to compare and contrast the inquisitorial system with the adversarial system. You might not need to put the strengths and weaknesses for this question (just compare each aspect such as role of judge, role of parties,etc.). I think its better to know the strengths and weaknesses generally of both systems though simply because you have more to compare when it comes to doing the actual questions (since its usually a long question).
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 14, 2013, 10:13:45 am
Hi guys- quick question on civil proceedings:
If a defendant is served with a writ by the plaintiff, do they HAVE to defend their case through the courts? Are they obligated to file a Notice of Appearance? What if they want to settle outside of court, what document is involved there?

Also, is a letter of demand always necessary?
Can a plaintiff file a writ straight away without a letter of demand?

Thanks!

If the plaintiff doesn't send a fair letter of demand, or the defendant rejects a fair one, the court will usually reduce or increase the damages awarded in consequence.

If you get served with a writ you can contact the plaintiff to try to achieve a settlement; if that is successful, they will withdraw their claim. But it's up to them. If you don't respond and they don't withdraw, you basically lose by default.
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on August 19, 2013, 11:35:04 pm
Hey guys,

This question's probably already been asked but I just did to clarify (for myself and anyone who needs clarification)

Are we required to:
a) know the jurisdictions of specified specialist courts
b) know the jurisdictions of specified VCAT list
c) know any other criminal pre-trial procedures aside from committal, bail and remand (I was disappointed they took out the police/individual powers stuff, was looking forward to it)
or are these completely removed from the study design?

oh and coming off what M_BONG said... how much detail do we need to know about committal hearings?

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on August 20, 2013, 02:26:51 pm
a. No
b. No
c. I think Directions Hearing as well but you might have to check on that with your teacher.

d. The purpose of committal hearings and the two methods - hand up brief and the contested committal
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on August 26, 2013, 09:30:58 pm
a. No
b. No
c. I think Directions Hearing as well but you might have to check on that with your teacher.

d. The purpose of committal hearings and the two methods - hand up brief and the contested committal

cheers!
Title: Re: VCE Legal Studies Question Thread
Post by: arshavin23 on August 31, 2013, 02:37:06 pm
Does anyone know if we have to evaluate the operation and features of the adversary system with the inquisitorial system? Or is it just to compare the two?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 01, 2013, 12:37:23 am
Does anyone know if we have to evaluate the operation and features of the adversary system with the inquisitorial system? Or is it just to compare the two?

Evaluate, as well :)
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on September 06, 2013, 09:58:38 pm
How do challenges influence the composition of a jury?<----3 marks

bit unsure, but i would say challenges affect the composition of a jury as the defendant has the ability to challenge those empanelled as he/she may believe they may be less sympathetic towards the defendant because of her gender or age 
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on September 07, 2013, 09:23:03 am
How do challenges influence the composition of a jury?<----3 marks

bit unsure, but i would say challenges affect the composition of a jury as the defendant has the ability to challenge those empanelled as he/she may believe they may be less sympathetic towards the defendant because of her gender or age

You could say that challenges mean that the views of the community may not be fully represented because of possible jurors being challenged, therefore resulting in an unfair and unbiased trial. Challenges may also mean that the verdict of the trial may be compromised because of the challenges used by the prosecution which may employ possible jurors that may not be sympathetic or do not understand the circumstances of the defendant, therefore resulting again in an unjust trial.

Ultimately you could say that through these challenges, only a portion of community values may be represented because of the possible challenges that may occur which may prejudice the defendant.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 07, 2013, 04:14:54 pm
How do challenges influence the composition of a jury?<----3 marks

bit unsure, but i would say challenges affect the composition of a jury as the defendant has the ability to challenge those empanelled as he/she may believe they may be less sympathetic towards the defendant because of her gender or age

I think this one's just a content question rather than an evaluate one. Peremptory challenges are... and they can remove people from the final jury by... While challenges for cause are... and they can remove people from the jury by...

Based on the implied task word, I feel it's a fairly straightforward 'explain'.
Title: Re: VCE Legal Studies Question Thread
Post by: awesomejames on September 17, 2013, 06:30:36 pm
Is there any difference between possible reforms to the adversary system and recent recommendations for change in the legal system?


Also, are youth justice centre orders not considered to be sanctions?
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 17, 2013, 06:42:59 pm
Is there any difference between possible reforms to the adversary system and recent recommendations for change in the legal system?


Also, are youth justice centre orders not considered to be sanctions?
If you want to get precise, possible reforms means there is no specific time frame (ie. it can happen anytime in the future). whilst recent recommendations means it has been suggested recently.
Also, a question that asks you about possible reforms to the adversary system means you have to talk about the adversary system only; "legal system" means you can talk about adversary system, criminal and civil procedures and juries.

Youth justice centre orders are considered sanctions. Sanctions are punishments They are, however, more catered towards rehabilitation rather than punishment.
Title: Re: VCE Legal Studies Question Thread
Post by: awesomejames on September 17, 2013, 06:49:59 pm
If you want to get precise, possible reforms means there is no specific time frame (ie. it can happen anytime in the future). whilst recent recommendations means it has been suggested recently.
Also, a question that asks you about possible reforms to the adversary system means you have to talk about the adversary system only; "legal system" means you can talk about adversary system, criminal and civil procedures and juries.

Youth justice centre orders are considered sanctions. Sanctions are punishments They are, however, more catered towards rehabilitation rather than punishment.

Cheers!!
In regards to recent recommendations would you be incorrect if you answer "allow for judges to have a wider and more advanced role in the adversary system".  Since its is a possible reform.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 17, 2013, 09:09:39 pm
Cheers!!
In regards to recent recommendations would you be incorrect if you answer "allow for judges to have a wider and more advanced role in the adversary system".  Since its is a possible reform.
If I was answering this question on a SAC (ie. asking for recent recommendations), i would find an article (google or textbook) where someone has suggested recently that judges should be given wider role; quote it in the SAC.. Eg. "President of Sentencing Advisory Concil Arie Freiberg has said that...", to give evidence that it is a recent recommendation so that your teacher can't take off marks. Idk how your teachers are but my teachers are really tight with those things.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 17, 2013, 10:49:44 pm
I completely agree with the advice to find some kind of authority for the recommendation.

Just a note on the terminology, though - 'recent' doesn't go with 'recommendation'. The 'recent' changes are the ones that have already been implemented, while the 'recommendations' are the ones that haven't.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 18, 2013, 03:47:56 pm
can anyone explain to me why 2012 vcaa exam q1a is "royal assent" not "proclaimation". isnt proclamation when the act is published in the Gazette? the stimulus clearly states that "act of parliament assented to..." implying it has been given royal assent and is being proclaimed and the notice appearsd in the Gazette.


the 2012 exam is here for your convenience (in answering my question):

http://www.vcaa.vic.edu.au/Documents/exams/legalstudies/2012/2012legal-w.pdf
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 18, 2013, 04:30:31 pm
can anyone explain to me why 2012 vcaa exam q1a is "royal assent" not "proclaimation". isnt proclamation when the act is published in the Gazette? the stimulus clearly states that "act of parliament assented to..." implying it has been given royal assent and is being proclaimed and the notice appearsd in the Gazette.


the 2012 exam is here for your convenience (in answering my question):

http://www.vcaa.vic.edu.au/Documents/exams/legalstudies/2012/2012legal-w.pdf

Well, the question asks you to outline the stage that's mentioned within the extract. Royal assent is mentioned, therefore the answer is royal assent.

Edit: Yes, you're right that the stimulus is definitely implying that it is proclamation, but the actual notice itself isn't important in answering the question, they're asking for the stage that has been referred to within the notice.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 18, 2013, 04:43:39 pm
Well, the question asks you to outline the stage that's mentioned within the extract. Royal assent is mentioned, therefore the answer is royal assent.

Edit: Yes, you're right that the stimulus is definitely implying that it is proclamation, but the actual notice itself isn't important in answering the question, they're asking for the stage that has been referred to within the notice.

Wow. This question is so stupid - we have always been told to "never disregard stimulus material". Now this question tells us not to take it into account? O_o
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 18, 2013, 05:29:00 pm
Wow. This question is so stupid - we have always been told to "never disregard stimulus material". Now this question tells us not to take it into account? O_o
The stimulus is important, but it really comes down to the wording of the question.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 18, 2013, 08:50:47 pm
Thanks for the reply. Another quick question, is the High Court interpretation of the Constitution considered statutory interpretation? Is the Constitution considered a piece of 'statute'?

Eg. If you wanted to say statutory interpretation creates precedents, can you then use the HC's interpretation of the "external affairs" section as an example as statutory interpretation?
*EDIT: Also, what is the difference between "reforms" and "changes". There is none is there?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 19, 2013, 12:34:12 pm
Thanks for the reply. Another quick question, is the High Court interpretation of the Constitution considered statutory interpretation? Is the Constitution considered a piece of 'statute'?

Eg. If you wanted to say statutory interpretation creates precedents, can you then use the HC's interpretation of the "external affairs" section as an example as statutory interpretation?
*EDIT: Also, what is the difference between "reforms" and "changes". There is none is there?

Yep, the Constitution is absolutely a statute - just, of the UK.

No difference whatsoever :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 19, 2013, 12:38:39 pm
Wow. This question is so stupid - we have always been told to "never disregard stimulus material". Now this question tells us not to take it into account? O_o

Just to clarify, you don't ignore the stimulus. Proclamation is specifically where the *date of commencement* is published (usually in the Gazette)... but EVERYTHING the GG does is published in the Gazette, so you can't assume that Gazette equals Proclamation. The key is, there's no date of commencement here.

Also, it does say which stage is "referred to" - and assent is the only one referenced.
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 20, 2013, 02:56:31 am
Just to clarify, you don't ignore the stimulus. Proclamation is specifically where the *date of commencement* is published (usually in the Gazette)... but EVERYTHING the GG does is published in the Gazette, so you can't assume that Gazette equals Proclamation. The key is, there's no date of commencement here.

Also, it does say which stage is "referred to" - and assent is the only one referenced.

But proclamation can occur without the specification of a commencement date, and if this does occur the act will generally come into effect 28 days after Royal Assent had been given to the bill.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 20, 2013, 02:36:47 pm
But proclamation can occur without the specification of a commencement date, and if this does occur the act will generally come into effect 28 days after Royal Assent had been given to the bill.

We're getting into technicalities you don't need... but! Acts have been challenged on the grounds of proclamation being overlooked (there was one this year... off the top of my head... what was it???), but also - to the best of my knowledge - 'proclamation' refers to the publication of the commencement date. So, therefore, if no date is published and the act comes into force by default after the period of time stated in the acts interpretation legislation (usually 28 days), *technically* that wouldn't be proclamation... that sounds right, doesn't it? Commencement isn't exactly the same as proclamation. Proclamation is publication of commencement.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on September 20, 2013, 03:04:58 pm
Megan, how did you get a 50 in Legal? How did you revise for it? Do you have any tips or tricks? :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 20, 2013, 03:19:14 pm
Okay, it really was YEARS ago, and I'm actually not a great person to model oneself on. I have a good memory for detail so I've never needed to revise particularly, and I write very very quickly so I usually have time to put extra in and cover all bases. These are not things that apply to most people, and I realise I am simply very lucky in terms of what examination-style assessment measures. But, honestly, that's still kind of how I work it when I personally sit exams.

A lot of what I advise my students and in my lectures etc therefore comes from observing, teaching different students, tutoring, marking papers, etc. There are general skills that need to be developed - such as memory, structure, expression, analysis, etc - but the rest depends on the individual, including how much work they need to put in. Sorry I don't have anything more straightforward!
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 22, 2013, 11:12:23 am
sorry megan, just to clarify: if there is no date given, we assume that the proclamation stage is skipped?

ie. are dates essential for proclamation?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 22, 2013, 09:24:20 pm
sorry megan, just to clarify: if there is no date given, we assume that the proclamation stage is skipped?

ie. are dates essential for proclamation?

It's hard to guess exactly how it would be assessed in the Chief Assessor's marking guide, but to be safe if I were answering it I would basically just combine proclamation and commencement in the one stage - not worrying too much about the technical differences.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on September 24, 2013, 12:12:02 pm
Are you guys planning on doing any practice exams these holidays or just revising and relaxing? I definitely wanna go over unit 3 again, but I don't know whether I should actually start practice exams yet or just wait until school starts, because I'll still have a good month left until the legal exam. So what are you guys doing/did you do?
Also, should I start with VCAA papers or other company papers?

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 24, 2013, 01:42:41 pm
Are you guys planning on doing any practice exams these holidays or just revising and relaxing? I definitely wanna go over unit 3 again, but I don't know whether I should actually start practice exams yet or just wait until school starts, because I'll still have a good month left until the legal exam. So what are you guys doing/did you do?
Also, should I start with VCAA papers or other company papers?

Thanks!
hi! Legal is my only 3/4 so i am going to start revising now. In terms of practice papers, i am going to leave the 2011 and 2012 vcaa exam till 1-2 weeks before the exams. i dont think you should leave it to one month before the exam due to school already started etc.
Do other companies' papers if you can get your hands on them. I recommend QAT and Neap legal exams (if your school has them) -they are harder than the Vcaa exams.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on September 24, 2013, 03:20:03 pm
Are VCTA and COMPAK papers good? Which papers are the most similar to the VCAA standard?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 25, 2013, 12:32:27 am
Are VCTA and COMPAK papers good? Which papers are the most similar to the VCAA standard?

I try to write CPAP as much in line with VCAA as I can.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 28, 2013, 07:50:46 pm
For suggested reforms to the jury system, would I be marked incorrect by VCAA on the exam if I said "one suggested reform is to improve jury directions? Because the Vic. parliament has recently legislated on this issue (Jury Directions Bill 2012).

Is VCAA really tight with 'suggested reforms"? Ie. can suggested reforms be something that is already put in place? Would something like improving jury directions not be a "suggested reform" but instead, a "recent change"?



Thanks in advance!
 


Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 28, 2013, 09:13:22 pm
For suggested reforms to the jury system, would I be marked incorrect by VCAA on the exam if I said "one suggested reform is to improve jury directions? Because the Vic. parliament has recently legislated on this issue (Jury Directions Bill 2012).
It's really not a suggested reform, if it has been implemented. There is a difference between an actual reform and a suggested reform.
The study design states as a key knowledge 'reforms and alternatives to the jury system,' therefore, it doesn't make mention of whether the reform must be a suggested one, or on that has been implemented. In the end however, the wording on the exam is what counts. If a question did just say 'discuss one reform to the jury system,' I'd assume they would accept both an actual reform or a suggested reform (although I am not too sure). I'd wait to see what Megan has to say.

Just a quick reminder, don't forget to discuss the reform (briefly outline what it is) and look at how it improves and how it doesn't improve the jury system.


Is VCAA really tight with 'suggested reforms"? Ie. can suggested reforms be something that is already put in place? Would something like improving jury directions not be a "suggested reform" but instead, a "recent change"?

Thanks in advance!
 

Like I've just said, how can something be suggested if it has already been implemented?
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on September 29, 2013, 01:55:40 pm
Hi all, for this questions, We talking strengths and weaknesses or telling the assessor the actual process??
1.bill
2. put to the people
3. double majority
4. royal assent

18.   The Commonwealth Constitution is too rigid and this makes it an ineffective mechanism for protecting human and democratic rights.’
A.   Evaluate the process of changing the Constitution as outlined in Section 128.


cheers all.
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 29, 2013, 03:00:29 pm
Hi all, for this questions, We talking strengths and weaknesses or telling the assessor the actual process??
1.bill
2. put to the people
4. royal assent

You must know the process, as it is outlined in the study design. I've yet to see a question asking you to evaluate the strengths and weaknesses of the legislative process, but you may be asked to evaluate the effectiveness of how parliament makes laws.

3. double majority
This requirement under section 128 relates to the referendum process, you need to know this. You will also need to know the process of a referendum in general.
I'm not quite sure I understand the direction of your question, however, in terms of what to answer, it will depend on the question. I don't think I ever seen a question that relates specifically to the strengths and weaknesses of the double majority provision. However, you may get a question which asks you to evaluate the effectiveness of a referendum changing the constitution or something along the lines of that, in which you would be required to discuss the double majority provision in your answer.


18.   The Commonwealth Constitution is too rigid and this makes it an ineffective mechanism for protecting human and democratic rights.’
A.   Evaluate the process of changing the Constitution as outlined in Section 128.


cheers all.
Effectively this is a strengths and weaknesses question, as you're asked to 'evaluate.' I wouldn't bother explaining the entire process, I would use elements of the process and explore it in relation to its strength or weakness (if you get what I mean). Overall, yep, you'd be required to discuss the strengths and weaknesses of a referendum.  Also, that quotation seems slightly unrelated to the question that is being asked. Is that meant to be apart of this question?
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on September 29, 2013, 03:30:33 pm
I think the quotation is relevant as they are saying that the referendum process is not effective in making changes to the constitution, which is true only 8/44 have been successful.
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on September 29, 2013, 03:39:11 pm
Okay sorry i was had a bad structure,

Question----> The Commonwealth Constitution is too rigid and this makes it an ineffective mechanism for protecting human and democratic rights.’

1. Evaluate the process of changing the Constitution as outlined in Section 128

for this question here is it asking me to state the strengths and weaknesses of a referendum process or is it asking me to outline the referendum process such as 1. passing of a bill and so on? sorry for the consuion


EDIt***

i have another question sorry,

Q1)Parliament as a lawmaker is more able than the courts to respond to the needs of society.’
Discuss this statement and indicate the extent to which you agree or disagree.

unsure if htis relates to courts as a law maker AKA unit 3 AOS3 or is this unit 3 AOS1 parliament and the citizen?
cheers guys/girls
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 29, 2013, 04:14:39 pm
I think the quotation is relevant as they are saying that the referendum process is not effective in making changes to the constitution, which is true only 8/44 have been successful.

That assertion makes no reference to the quotation at all. The quotation is not talking about its effectiveness to make changes. "The Commonwealth Constitution is too rigid and this makes it an ineffective mechanism for protecting human and democratic right" Yes, I can see how a referendum could be discussed since it's within our constitution, but in terms of protecting human and democratic rights -- I'm not too sure how that relates.
Wait, you could explain how referendums have been passed to protect the rights of groups of individuals, I guess and reference the 1967 (equal citizenship for Aboriginals) referendum. That would make much more sense actually.

Generally however, I'd expect something such as referencing the express rights and the structural protection of rights instead. Unless you could discuss the referendum in terms of structural protection of rights.  However, for the purpose of this question, I think that quotation is quite irrelevant.
Okay sorry i was had a bad structure,

Question----> The Commonwealth Constitution is too rigid and this makes it an ineffective mechanism for protecting human and democratic rights.’

1. Evaluate the process of changing the Constitution as outlined in Section 128

for this question here is it asking me to state the strengths and weaknesses of a referendum process or is it asking me to outline the referendum process such as 1. passing of a bill and so on? sorry for the consuion

Ahh, that makes much more sense. This question is asking you 'evaluate' the process, therefore a discussion of the strengths and weaknesses is required. As a way of framing your answer, you could use the elements of the process as a basis for exploration of such strengths and weaknesses (i.e Double Majority requirement) Here's an example of how I'd do it:

Generally, section 128 provides an effective process for change to the constitution; however, it is also undermined by certain weaknesses which ultimately hinders its ability to do so.

One strength associated with the referendum process is its ability to ensure that smaller states are protected (i.e Tasmania) from being dominated by the more populated states (i.e NSW and Vic). If we only had a national vote to change the constitution, Victoria and New South Wales could act to together and override the wishes of other states and territories. The double majority provision under section 128 of the constitution requires a collective 'in favour/yes' vote from the majority of states (4/6 states) and an 'in favour/yes' vote from the majority of voters within Australia, in order to protect and safeguard the interests of the states. Despite this, the complexity of proposals and level of voter understanding can effectively mitigate the processes ability to amend the constitution. Referendums are generally complex and usually expressed in technical language. Lack of understanding of the process and the arguments being raised may lead to confusion and therefore voters will feel much more inclined to vote 'no' in order to maintain the existing state of affairs. This is reflected in the failure of the 1999 referendum for the establishment of a republic of Australia, where many voters cited the confusing language of the question as the reason for its failure.


Edit: Yikes, that's terrible English. Some sentences are a bit awkward.

Alright, not a great response, but hopefully that will give you an idea of how you might answer that question.
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 29, 2013, 04:42:23 pm
EDIt***

i have another question sorry,

Q1)Parliament as a lawmaker is more able than the courts to respond to the needs of society.’
Discuss this statement and indicate the extent to which you agree or disagree.

unsure if htis relates to courts as a law maker AKA unit 3 AOS3 or is this unit 3 AOS1 parliament and the citizen?
cheers guys/girls


You must discuss all aspects of that quote, therefore a discussion of both the courts and parliament is required. Again, this is another strengths and weakness question.
Firstly, you need to decide to what extent you agree with this statement. I.e You could say that Parliament is more effective than the courts in responding to the needs of society and frame by answering with the strengths of Parliament against the weaknesses of the courts, etc.
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on September 29, 2013, 04:52:23 pm
Thanks man some great responses by you, but for what you said earlier  ''reference the 1969 (equal citizenship for Aboriginals) referendum'' is this supposed to be the 1967 referendum because im not familiar with this 1969 one unless i need to read some more articles which is not in my books lol.. Also i guess i stuffed up a couple of questions simply talking about the courts strengths and weaknesses as a law makers

i guess when they ask questions about parliament as a law maker and courts as a law maker this is in regards to saying something like

 a strength of parliament is that they have the abillity to legislate an entire topic, however due to drafting of legislation this may cause major delays, whereas the courts have the abillity to change the law quickly as they are not burdend by strict parliamentary process, and then a strength and weakness of parliament followed by a strength and weakness of courts.... i hope im on the right track.. someone please guide me haha
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 29, 2013, 04:56:43 pm
Thanks man some great responses by you, but for what you said earlier  ''reference the 1969 (equal citizenship for Aboriginals) referendum'' is this supposed to be the 1967 referendum because im not familiar with this 1969 one unless i need to read some more articles which is not in my books lol.. Also i guess i stuffed up a couple of questions simply talking about the courts strengths and weaknesses as a law makers

That is correct! 1967, not 1969 (my mistake! ---fixed)


i guess when they ask questions about parliament as a law maker and courts as a law maker this is in regards to saying something like

 a strength of parliament is that they have the abillity to legislate an entire topic, however due to drafting of legislation this may cause major delays, whereas the courts have the abillity to change the law quickly as they are not burdend by strict parliamentary process, and then a strength and weakness of parliament followed by a strength and weakness of courts.... i hope im on the right track.. someone please guide me haha

The essence of what you're saying is correct, but you'd also need to explain and discuss the points you're making. For example: Legislating on an entire topic - you might want to divulge this concept further and maybe accompany it with an example. I.e issues relating to marriage and custody (among other things) have been amalgamated into the Family Law Act. You could also use the Crimes Act as another example.
Also, because you're discussing the extent to which you agree/disagree, you will need an opening sentence (introduction) and conclusion which outlines your stance and after each body paragraph you should aim to have a concluding sentence which directly references the stimulus. It could be something along the lines of "Therefore, it can be argued that both Parliament and courts can equally respond to the needs of society," again this will vary depending on the extent to which you agree/disagree with the quotation.

Good Job so far! It looks like you're on the right track.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 29, 2013, 08:32:11 pm
Okay sorry i was had a bad structure,

Question----> The Commonwealth Constitution is too rigid and this makes it an ineffective mechanism for protecting human and democratic rights.’

1. Evaluate the process of changing the Constitution as outlined in Section 128

for this question here is it asking me to state the strengths and weaknesses of a referendum process or is it asking me to outline the referendum process such as 1. passing of a bill and so on? sorry for the consuion


EDIt***

i have another question sorry,

Q1)Parliament as a lawmaker is more able than the courts to respond to the needs of society.’
Discuss this statement and indicate the extent to which you agree or disagree.

unsure if htis relates to courts as a law maker AKA unit 3 AOS3 or is this unit 3 AOS1 parliament and the citizen?
cheers guys/girls
1. When you are asked to evaluate the process of referendum, you are expected to EVALUATE not EXPLAIN. Thus, you gain little or no marks from describing the whole referendum process.
Also, with evaluate, remember to include an opinion. Eg. I believe referenda are largely ineffective in protecting rights [link back to stimulus]
2. Your second question about the parliament question.
That is an example of a composite question. It is looking for you to mix the knowledge from AOS1 with AOS3. You need to look at the strengths and weaknesses of both parliament and comment on which of the two you believe is more effective in responding to the needs of society.

Also, one quick thing. 1967 referendum didn't give equal citizenship. It gave the Commonwealth powers to make laws with regards to Indigenous Australians and allowed them to include them in the Federal Census. Indigenous Australians were Australia citizens prior to this referendum.


* Oh and I don't know how to multi-quote because I am still (relatively) new here, but Floarison's example of how to answer your evaluate question is excellent and is what I think you should be doing with an evaluate question!



Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 29, 2013, 09:06:04 pm
Also, one quick thing. 1967 referendum didn't give equal citizenship. It gave the Commonwealth powers to make laws with regards to Indigenous Australians and allowed them to include them in the Federal Census. Indigenous Australians were Australia citizens prior to this referendum.

What you're saying is correct, but that's not what is being implied by the title. I'll try reword it to illustrate what I mean. It's entitled equal citizenship rights for aboriginals, meaning as citizens they were finally granted equal rights Remember section 51 (xxvi) deleted the clause excluding the Commonwealth Parliament from making laws on behalf of Aboriginals. The referendum ensured that the Commonwealth was able to now make laws that allowed Aboriginals to share the same rights as non-indigenous Australians  -- equality was therefore granted for indigenous citizens. Also the deletion of section 127 meant that they could now be counted in the census (just like non-indigenous Australians). So, yeah that's where the title comes from. But you're right, the referendum broadened the powers of the Commonwealth to make laws in Aboriginal affairs.

Does that make sense?

Also, with evaluate, remember to include an opinion. Eg. I believe referenda are largely ineffective in protecting rights [link back to stimulus]

I'm 99.99% sure with evaluate questions, inserting an opinion is irrelevant. They don't care about your opinion (as blunt as that sounds), but rather interested in your objective evaluation of whatever it is you are evaluating. Unless the question directly asks, "to what extent do you agree/disagree" or "in your opinion," then that's when you'd provide your own opinion (as you have done). However, since I'm not 100% sure, it would be wise to consult the examiners report and see what the VCAA has to say about this or you could wait until Megan or someone else can confirm this.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 29, 2013, 09:39:25 pm
What you're saying is correct, but that's not what is being implied by the title. I'll try reword it to illustrate what I mean. It's entitled equal citizenship rights for aboriginals, meaning as citizens they were finally granted equal rights Remember section 51 (xxvi) deleted the clause excluding the Commonwealth Parliament from making laws on behalf of Aboriginals. The referendum ensured that the Commonwealth was able to now make laws that allowed Aboriginals to share the same rights as non-indigenous Australians  -- equality was therefore granted for indigenous citizens. Also the deletion of section 127 meant that they could now be counted in the census (just like non-indigenous Australians). So, yeah that's where the title comes from. But you're right, the referendum broadened the powers of the Commonwealth to make laws in Aboriginal affairs.

Does that make sense?

I'm 99.99% with evaluate questions, inserting an opinion is irrelevant. They don't care about your opinion (as blunt as that sounds), but rather interested in your objective evaluation of whatever it is you are evaluating. Unless the question directly asks, "to what extent do you agree/disagree" or "in your opinion," then that's when you'd provide your own opinion (as you have done). However, since I'm not 100% sure, it would be wise to consult the examiners report and see what the VCAA has to say about this or you could wait until Megan or someone else can confirm this.
Yeah that Indigenous point is a minor one. My fault, they were given equal citizenship; What I MEANT to say/make clear was that they weren't given citizenship in that referendum as that it possibly a confusion.
With evaluate, you have to have an opinion and express it in the answer. I am 100%on that. As in, you have to make a judgment on whether you agree or disagree-regardless of whether the question asked you to or not. Being objective is really bad in evaluating questions. I am pretty sure you automatically get marks deducted if you don't have a clear opinion or stance in higher-order evaluate, analyse etc. questions because you haven't truly evaluated (weigh up s + w)-  Being objective can't do that .
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 29, 2013, 10:01:01 pm
With evaluate, you have to give your opinion. As in, you have to make a judgment on whether you agree or disagree. Regardless of whether the question asked to or not. Being objective is bad in evaluating questions. I am pretty sure you automatically get marks deducted if you don't have a clear opinion or stance in higher-order evaluate, analyse etc. questions because you haven't truly evaluated.

Marks deducted? Or do you mean you won't get awarded marks?
Alright, I wasn't entirely sure anyways I was under the impression that 'evaluate' only required you to discuss the strengths and weaknesses in terms of the question, without the need of an opinion. But there you go. :)
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 29, 2013, 10:08:20 pm
Marks deducted? Or do you mean you won't get awarded marks?
Alright, I wasn't entirely sure anyways I was under the impression that 'evaluate' only required you to discuss the strengths and weaknesses in terms of the question, without the need of an opinion. But there you go. :)
Marks awarded*. Thanks for picking that crucial point up.
Yeah I only learned that opinion thing about evaluating things a few weeks back - lucky it was before not after the exam! :P
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 29, 2013, 10:34:01 pm
1. When you are asked to evaluate the process of referendum, you are expected to EVALUATE not EXPLAIN. Thus, you gain little or no marks from describing the whole referendum process.

Entirely agree. And then parts of the process might naturally come out during that evaluation.

Also, with evaluate, remember to include an opinion. Eg. I believe referenda are largely ineffective in protecting rights [link back to stimulus]

Yep, entirely agree.

2. Your second question about the parliament question.
That is an example of a composite question. It is looking for you to mix the knowledge from AOS1 with AOS3. You need to look at the strengths and weaknesses of both parliament and comment on which of the two you believe is more effective in responding to the needs of society.

Also agree!

Also, one quick thing. 1967 referendum didn't give equal citizenship. It gave the Commonwealth powers to make laws with regards to Indigenous Australians and allowed them to include them in the Federal Census. Indigenous Australians were Australia citizens prior to this referendum.

Also agree :) Aboriginal people had been citizens since 1949, and all the change to s51 did was allow the Commonwealth to make uniform national laws regarding the Aboriginal race. They could use this power to grant rights, but also to take away rights if they wanted (like some people argue the NT intervention laws do).


Lastly, just regarding the question about referenda and rights: the referendum process is very relevant to rights because it is the only way in which express rights can be removed, modified (in terms of their wording, not their interpretation) or new ones added. The process is also the only way to alter the sections on which implied rights (and even structural protections) are based. It therefore makes the people the ultimate arbiters of their own rights - but if referenda are difficult to pass, the rights are difficult to update, too. Hence, rigid.

Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 29, 2013, 10:42:57 pm
For suggested reforms to the jury system, would I be marked incorrect by VCAA on the exam if I said "one suggested reform is to improve jury directions? Because the Vic. parliament has recently legislated on this issue (Jury Directions Bill 2012).

Is VCAA really tight with 'suggested reforms"? Ie. can suggested reforms be something that is already put in place? Would something like improving jury directions not be a "suggested reform" but instead, a "recent change"?


Sorry, Murph - assented to on 13 March, so a 'recent change'.

On the bright side, the SD doesn't specify recent or recommended for your jury reforms, so having one or two of each is really just playing it safe :)
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 29, 2013, 10:44:22 pm
Sorry, Murph - assented to on 13 March, so a 'recent change'.

On the bright side, the SD doesn't specify recent or recommended for your jury reforms, so having one or two of each is really just playing it safe :)
Haha thanks, I was worried that wouldn't be answered!
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on September 30, 2013, 07:13:47 pm
Awesome discussion guys, thanks for the help. btw this question was a past exam question from 2004 or 05 i think so out of the old study design thus may confusion ppl, i did a trial exam from tssm last week with questions from the 2004 legal studies exam, wtf?
Title: Re: VCE Legal Studies Question Thread
Post by: kevinnguyen on October 03, 2013, 11:04:02 am
I need help in this question. - Thanks

Raymond has been found gulity of culpable driving and was sentenced to 150 hours of Community service

Identity one pre-trial procedure Raymond would have gone through before his Trial.
Assess the ability of this pretrial procedure?
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on October 03, 2013, 12:31:12 pm
Hey guys,

This is more a general question...
So I found that when I'm responding to 10 mark questions each point I make tends to be too detailed and I feel like I write too much. I'm the kind of person who gets carried away when answering 10 mark questions so to stop myself from spending too much time on it in the exam, what is the recommended number of points you should make in a 10 mark question (sorry I know it varies depending if a question has multiple parts)?

If somebody could show me a concise but still detailed 10 mark response that would get in the upper range that would be soooo helpful.
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 03, 2013, 12:40:15 pm
I need help in this question. - Thanks

Raymond has been found gulity of culpable driving and was sentenced to 150 hours of Community service

Identity one pre-trial procedure Raymond would have gone through before his Trial.
Assess the ability of this pretrial procedure?

I would talk about a bail hearing but you could also talk about a committal hearing depending
'Raymond would have gone through a bail hearing to determine if he would be granted bail or held in custody on remand. (this would probably be fine if its just one mark for identifying it)

Then is it assess the ability to uphold the elements of a fair trial?
'Bail hearings uphold the presumption of innocence by potentially releasing a person until they are proven guilty. They help ensure a fair trial as the defendant is treated innocent until it is proven otherwise in court. However the rights of the defendant need to be carefully weighed against the rights of the community. The community needs to be protected from further harm due to the behaviour of the accused'

Is the question 4 marks?
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on October 03, 2013, 12:52:17 pm
Hey guys,

This is more a general question...
So I found that when I'm responding to 10 mark questions each point I make tends to be too detailed and I feel like I write too much. I'm the kind of person who gets carried away when answering 10 mark questions so to stop myself from spending too much time on it in the exam, what is the recommended number of points you should make in a 10 mark question (sorry I know it varies depending if a question has multiple parts)?

If somebody could show me a concise but still detailed 10 mark response that would get in the upper range that would be soooo helpful.



For 10 mark questions, I do this

Agree/disagree with the statement, E.g AN individual has recently said the jury system is outdated and plays no part in the effectiveness of the legal system, therefore introduce the piece with an
agree/disagree, now uno u have one more for stating your stance, therefore the other 9 marks comes from identifying a strength of the jury system then a weakness of a jury system

it should be 4 strengths followed by 4 weaknesses, equallying 8 marks if identified and explain,then lastly finish with a conclusion such as the jury systems strengths far outweight the weaknesses therefore provides an effective legal system, blah blah blah. which results in one mark too, so therefore you have achieved 10 marks for the questions if properly structued as stated above, hope this helps. if not there are many more people here that will help.
Title: Re: VCE Legal Studies Question Thread
Post by: arshavin23 on October 03, 2013, 01:11:37 pm
Hey guys, anyone know if we need to know an Example of a failed referendum for the exam?
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on October 03, 2013, 01:14:15 pm

it should be 4 strengths followed by 4 weaknesses, equallying 8 marks if identified and explain,then lastly finish with a conclusion such as the jury systems strengths far outweight the weaknesses therefore provides an effective legal system, blah blah blah. which results in one mark too, so therefore you have achieved 10 marks for the questions if properly structued as stated above, hope this helps. if not there are many more people here that will help.

Okay, you know thanks for the help, I think I'll do 4 point with a corresponding weakness/disadvantage/alternative/comparison.. I'll try it out see how i go.

I need help in this question. - Thanks

Interestingly enough I came across a similar question as you. It was on one of the exams and I remember it being two marks (at least part two was).

In your question I think it might have been the word ‘ability’ that thru you off, it’s quite strange and vague in this context. Instead I would look at it as ‘effectiveness’ of your chosen pre-trial procedure. Much like Hannah I would say a strength and weakness.

Eg.  Remand is an effective criminal pre-trial procedure as it protects the community by removing from society, and holding in custody, those accused who are believed to likely cause harm or abscond. However, if Raymond was held on remand, it denied him the presumption of innocence and removed his ability to prepare his defence thus limiting his ability to receive a fair trial.
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on October 03, 2013, 01:18:59 pm
Hey guys, anyone know if we need to know an Example of a failed referendum for the exam?

Pretty sure study design wants an example of a successful referendum, it didn't say anything about a failed referendum. Maybe just know the stats (I think 8/44 have been successful) that shows more powerfully the ineffectiveness of a referendum then one example 
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on October 03, 2013, 01:45:09 pm
Hey guys,

This is more a general question...
So I found that when I'm responding to 10 mark questions each point I make tends to be too detailed and I feel like I write too much. I'm the kind of person who gets carried away when answering 10 mark questions so to stop myself from spending too much time on it in the exam, what is the recommended number of points you should make in a 10 mark question (sorry I know it varies depending if a question has multiple parts)?

If somebody could show me a concise but still detailed 10 mark response that would get in the upper range that would be soooo helpful.
I could send you a 10 marker that I just completed yesterday on a practice paper; if you want.
But generally things to look out for:
1. Task words: generally 10 markers require you to evaluate. S+W and opinion.
2. Actually responding to the whole question. Ie. don't focus on one part only. Respond to quotes, stimulus etc. Everything in the question
3. When a 10 marker has "effectiveness" in it, always refer to FAT if it is on adversary, jury or pre-trial procedures.
4. The number of strengths + weaknesses is not formulaic. But use your common sense. I always aim for 3 s + w. (4 might be too much, but I focus on detail so you might be different).
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on October 03, 2013, 01:47:11 pm
Hey guys, anyone know if we need to know an Example of a failed referendum for the exam?
Doubt you need to know this but the easiest example is the 1999 Republic Referendum. Costed $67 million to hold. Lack of bipartisan support (John Howard was against it; led to confusing or complex info. placed on the ballot sheet). Referendum was unsuccesful and expensive.
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on October 03, 2013, 01:54:11 pm
I could send you a 10 marker that I just completed yesterday on a practice paper; if you want.
But generally things to look out for:
1. Task words: generally 10 markers require you to evaluate. S+W and opinion.
2. Actually responding to the whole question. Ie. don't focus on one part only. Respond to quotes, stimulus etc. Everything in the question
3. When a 10 marker has "effectiveness" in it, always refer to FAT if it is on adversary, jury or pre-trial procedures.
4. The number of strengths + weaknesses is not formulaic. But use your common sense. I always aim for 3 s + w. (4 might be too much, but I focus on detail so you might be different).

yeah please do.
I'm a detail person myself, that's my issue. I can do two great points then not have time for a third.
Really helpful tips,
Cheers.
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on October 03, 2013, 03:10:54 pm
Hi, Just wondering for the magistrates courts im comparing cost, just wondering not that it states it on the study design, but just to strengthen my argument, what is the starting fee in the magistrates court, i think it was a $150, in comparison to VCAT which is $36.20, is it possible to get a confirmation on this please. thank you
Title: Re: VCE Legal Studies Question Thread
Post by: San on October 03, 2013, 04:38:13 pm
Raymond has been found guilty of culpable driving and was sentenced to 150 hours of community service
Describe the explain the purpose of this procedure
Assess the ability of this pre-trail procedure in achieving its purpose

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

I am missing the 2 part of  Assess the ability of this pre-trail procedure in achieving its purpose. i dont know, how to answer it? please help
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on October 03, 2013, 06:06:56 pm
Raymond has been found guilty of culpable driving and was sentenced to 150 hours of community service
Describe the explain the purpose of this procedure
Assess the ability of this pre-trail procedure in achieving its purpose

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

I am missing the 2 part of  Assess the ability of this pre-trail procedure in achieving its purpose. i dont know, how to answer it? please help
The question seems to be phrased very weirdly, but I'm gonna assume you mean bail. Assess the ability of the pre trial procedure in achieving its purpose basically means you explain to what extent bail achieves its purpose. You've already answered some of this question in the first part.

So for bail you could write:
Bail is an pre-trial procedure which achieves its purpose because it protects the rights of the accused by assuming the accused is innocent until proven guilty, and hence providing a fair and unbiased hearing. However, under exceptional circumstances (e.g. when the accused is being charged with murder or treason), bail may be refused and this may hinder the ability of bail to achieve its purpose. Overall, bail is able to achieve its purpose effectively, because bail is only refused in exceptional circumstances.
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 03, 2013, 06:10:44 pm
in addition

Bail is successful in achieving its purpose of upholding the presumption of innocence and treating the accused equally until they are proven guilty be releasing accused people. However another purpose of bail and remand is to protect the community from dangerous defendants. Remand is successful in doing so but bail may fail to protect the community by incorrectly determining an accused person to not be dangerous.
But as abominableMowman said bail hearings are generally effective in contributing to a fair and unbiased trial
Title: Re: VCE Legal Studies Question Thread
Post by: San on October 03, 2013, 06:12:33 pm
thank you
 
Can you help me with this one

One element of an effective legal system is the entitlement to a fair and unbiased hearing. Select one aspect of criminal procedure to illustrate
How this aspect helps achieve this element.
How this aspect can limit achievement of this element
Describe a possible solution to this problem (using examples of recent and/ recommendations for change).
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 03, 2013, 06:19:28 pm
yeah please do.
I'm a detail person myself, that's my issue. I can do two great points then not have time for a third.
Really helpful tips,
Cheers.

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

Also, the 10-marker usually runs about three pages of writing. Two sections is way too few for this volume of writing. Think of one point being about 3-5 lines of writing, then multiply out. When you get to the end of the fourth line, finish the point you're doing and move on.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 03, 2013, 06:20:23 pm
Hey guys, anyone know if we need to know an Example of a failed referendum for the exam?

Not as a required case study - but they can really help when illustrating factors influencing the success/failure of a referendum.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on October 03, 2013, 06:22:17 pm
thank you
 
Can you help me with this one

One element of an effective legal system is the entitlement to a fair and unbiased hearing. Select one aspect of criminal procedure to illustrate
How this aspect helps achieve this element.
How this aspect can limit achievement of this element
Describe a possible solution to this problem (using examples of recent and/ recommendations for change).
basically what i wrote above but add in a bit of stuff about fair and unbiased hearings

Bail contributes to the achievement of a fair and unbiased hearing because it protects the rights of the accused to be deemed innocent until proven guilty. However, if bail is refused, it does not provide the element of a fair and unbiased hearing because the rights of the accused are not protected. A possible reform to the system of bail is that the necessity to provide a deposit of money (or other security) could be removed, because some people may not be able to afford to pay for bail and this would enhance the ability of bail to achieve a fair and unbiased hearing.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 03, 2013, 06:24:45 pm
Hi, Just wondering for the magistrates courts im comparing cost, just wondering not that it states it on the study design, but just to strengthen my argument, what is the starting fee in the magistrates court, i think it was a $150, in comparison to VCAT which is $36.20, is it possible to get a confirmation on this please. thank you

Just the filing fee without any ongoing fees included? As of the 29 September 2012 it was $475.80 for a claim under $40,000 - up to $2140.00 for a claim over $70,000.
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on October 03, 2013, 07:14:45 pm
JEASOUS CRIST fee's have gone up, for small claims my atarnotes study guide indicates for small claims of vcat is $36.20 and $150 starting fee of the magistrates court.
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 03, 2013, 08:08:16 pm
yup fees have gone up heaps recently! especially in VCAT but its a recent reform we can talk about - it hinders access to the legal system
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on October 03, 2013, 08:15:54 pm
yup fees have gone up heaps recently! especially in VCAT but its a recent reform we can talk about - it hinders access to the legal system
But it still way lower than courts, so it would still be improving access (to some extent), would it not? 
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 03, 2013, 08:27:08 pm
But it still way lower than courts, so it would still be improving access (to some extent), would it not? 

Yeah the overall concept and process of VCAT improves access but the actual reform of increasing administrative fees etc means it has taken a step backward in helping people that really would struggle financially(in my own opinion anyway). Perhaps the increase means some people who would have been able to afford to take their claim to VCAT before, cant now.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on October 03, 2013, 09:15:52 pm
Yeah the overall concept and process of VCAT improves access but the actual reform of increasing administrative fees etc means it has taken a step backward in helping people that really would struggle financially(in my own opinion anyway). Perhaps the increase means some people who would have been able to afford to take their claim to VCAT before, cant now.
Hmm.. I don't think the administration rises have been steep. Probably a few dollars, to adjust for inflation and such. (eg. $30 - $37.90 for Small claims?)  So I wouldn't go and write VCAT is more expensive now on an exam, due to rise in administrative costs.  Plus remember court costs  rise as well, so in terms of a Court v VCAT comparison, I don't think rise in admin fees is that convincing.
 Perhaps the VCAT has become more legalistic. They now hear some large disputes, such as land disputes (eg. Environment Planning list) which can have claims totaling up to millions of dollars. So legal representation is now allowed or required in some lists. Perhaps the need for legal rep (and costs) have risen?
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on October 03, 2013, 09:17:30 pm
How do you explain the role of the VLRC in relation to recent changes designed to enhance the effective operation of the legal system?
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 03, 2013, 10:35:19 pm
Hmm.. I don't think the administration rises have been steep. Probably a few dollars, to adjust for inflation and such. (eg. $30 - $37.90 for Small claims?)  So I wouldn't go and write VCAT is more expensive now on an exam, due to rise in administrative costs.  Plus remember court costs  rise as well, so in terms of a Court v VCAT comparison, I don't think rise in admin fees is that convincing.
 Perhaps the VCAT has become more legalistic. They now hear some large disputes, such as land disputes (eg. Environment Planning list) which can have claims totaling up to millions of dollars. So legal representation is now allowed or required in some lists. Perhaps the need for legal rep (and costs) have risen?

I probably wouldn't no, but they have risen under a new government scheme (it was something to do with taxation i think). Many changes have yet to be implemented though but many were introduced in March this year. For example mediation has always been free except for legal rep. but now it can incur fees of up to $300 a day, people claiming faulty goods against service providers now have to pay $160 which used to be around $37 i think and complex cases will have fees of about $1800 after the first day.
You wouldn't talk about this on a question asking about VCAT though.You could talk about it in a question asking for a recent reform to an aspect of the legal system and how it has impacted on the elements of an effective legal system.
Title: Re: VCE Legal Studies Question Thread
Post by: San on October 04, 2013, 11:32:29 am
Juries are used both in criminal and civil trials in Victoria. Any person can be selected to be on the jury. It is the best system of justice used in Victoria.

a) what is the role of jury in a civil trial? how does this differ from their roles in a criminal trial (2marks)
b) Explain the two factors that affect the composition of juries
c) Do you agree with statement above? Give reasons for your response (4) marks
d) One element of an legal system is the timely resolution of disputes. Select one aspect of the jury to illustrate
how this aspect helps to achieve this element
how this aspect can limit the achievement of this element (2+2) marks
e) Describe an alternative to the jury system. Evaluate the alternative using one strength and one weakness

a.)   What is the role of the jury in a civil trial? How does this differ from their role in a criminal trial? The role of the jury in a civil trial is to decide question of fact, whether the defendant is liable and possible remedy, such as the amount of damages. Juries will reach a majority verdict of 5/6 on the balance of probabilities. The role of the jury in a criminal trial is different as the jury decides on question of fact but they play no role in imposing sanctions. Juries in a criminal trial will reach a unanimous verdict within 6 hours or for some indictable offences, be given the opportunity to deliver a majority of 11/12. The jury will determine whether the prosecution have proven their case beyond all reasonable doubt. 
b.)   Explain the TWO factors that affect the composition of juries.
c.)   Do you agree with the statement above? Give reasons for your response.
The jury system is an integral part of our legal system. I agree with the statement above as it is seen as the foundation of the system, it is necessary in order for effective operation of trial in Victoria. Its unique features that act as fact-finders are seen as both reliable and representative.

The Jury contributes to a fair and unbiased hearing in a number of ways. Crucially, they are a randomly selected impartial body of 6 or 12 laypersons that have skills in their main role as triers of fact. Juries are said to true cross-sections of the community and therefore reach a true and fair verdict, acting as buffers, particularly in criminal trials, between the prosecution and the individual. Juries vigorously test the evidence and accusations, acting as safeguard to uphold the standard of beyond all reasonable doubt. The fact that they are 12 ordinary people with no bias for either party ensures that a fair and true verdict results.

In addition, the jury is seen to provide limited access to mechanisms for dispute resolution. As jurors are compulsory for criminal trials in the County and Supreme Courts for pleas of not guilty, defendants have equal access in determining the actual composition of a trial through peremptory challenges and challenges for cause. As a result, public access to the legal system’s trial process allows suitable individuals to participate in the administration of justice. By accessing the trial process, jurors not only hear and determine cases but also increase the public’s knowledge of the law and increase community confidence that the trial process is transparent.

Furthermore, the use of a jury in Victoria allows the decision-making to be spread over more shoulders, rather than being placed solely in the hands of a judge. For example, if 12 people decide that a person is guilty, it is more likely to be correct than a decision made only by a single person. Consequently, people are more likely to feel confident in the decision made.

On the whole, the jury system is generally successful in representing the community’s views and values in court. They aid in creating a fair and unbiased hearing and giving the community further access and involvement in the legal system. It also spreads the responsibility of making a decision over more shoulders providing a more confident decision in the eyes of the community. As this is the case, the jury fulfils their role of reaching a true verdict, which ensures an effective legal system.
d.)   One element of an effective legal system is the timely resolution of disputes. Select ONE aspect of the jury system to illustrate:
-   How this aspect helps to achieve this element.
-   How this aspect can limit the achievement of this element
e.)   Describe an alternative to the jury system. Evaluate the alternative using one strength and one weakness. An alternative to the jury system is trial by judge. It is true that a judge’s expertise and experience in the legal field is not fully utilized in the current system. They would be able to appropriately apply the law to the situation and reach a true verdict. There would be less chance that jurors would not understand any technical evidence and furthermore, trial by judge would reduce both costs and time. However, this alternative would end the notion of trial by peers, whereby community involvement would no longer exist in the trial process. The verdict would rest with an individual rather than a range of laypeople that represent the current community’s views and values.
Can anyone read over it, to see if i covered that information right please

Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on October 04, 2013, 04:32:51 pm
Hey guys
I was looking through the VCAA sample exam for legal and there was a question: Describe the role of the Victorian Civil and Administrative Tribunal (VCAT).
I can do that, but it was worth two marks, so I don't know how I'd answer it to satisfy two marks without writing waaay too much.. How would you answer this question to satisfy two marks?
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 04, 2013, 04:50:47 pm

Hey guys
I was looking through the VCAA sample exam for legal and there was a question: Describe the role of the Victorian Civil and Administrative Tribunal (VCAT).
I can do that, but it was worth two marks, so I don't know how I'd answer it to satisfy two marks without writing waaay too much.. How would you answer this question to satisfy two marks?

VCAT was established as an avenue of dispute resolution that is easily accessible to people in the community, using informal processes that are easy to understand.  It aims to provide low-cost proceedings and timely resolution of disputes, as well as experts in particular fields of law, such as anti-discrimination.

This got me full 2 marks on a sac. You could even add something like 'other than the courts' in the first sentence
 :)
Title: Re: VCE Legal Studies Question Thread
Post by: San on October 05, 2013, 10:46:12 am
Please help me with this question
Juries are used both in criminal and civil trials in Victoria. Any person can be selected to be on the jury. It is the best system of justice used in Victoria.

a) what is the role of jury in a civil trial? how does this differ from their roles in a criminal trial (2marks)
b) Explain the two factors that affect the composition of juries
c) Do you agree with statement above? Give reasons for your response (4) marks
d) One element of an legal system is the timely resolution of disputes. Select one aspect of the jury to illustrate
how this aspect helps to achieve this element
how this aspect can limit the achievement of this element (2+2) marks
e) Describe an alternative to the jury system. Evaluate the alternative using one strength and one weakness
Title: Re: VCE Legal Studies Question Thread
Post by: San on October 05, 2013, 12:58:18 pm
How does the purpose of criminal sanctions differ from the purpose of civil remedies?
Title: Re: VCE Legal Studies Question Thread
Post by: mattbrown19 on October 05, 2013, 01:08:16 pm
How does the purpose of criminal sanctions differ from the purpose of civil remedies?
In basic terms;
Criminal= punish, deter, denunciate, rehabilitate, protect.
Civil= force someone to do something; or prohibit them from doing something (ie. injunctions)
-to restore plaintiff to position he was in before the act or omission (compensatory damages)
- to punish individuals (punitive) etc.
so there are similitaries (eg to punish) and a lot of differences.
Title: Re: VCE Legal Studies Question Thread
Post by: San on October 05, 2013, 01:15:57 pm
can you please answering more clearly; i get what you mean by listing all that
Title: Re: VCE Legal Studies Question Thread
Post by: kevinnguyen on October 05, 2013, 02:39:32 pm
what is role of jury in civil trial? how does thos differ from their role in crimnal trial?
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on October 05, 2013, 03:47:01 pm
Do we actually need to know the role of the commonwealth parliament as part of the key knowledge: the structure of the Victorian and Commonwealth parliament and the roles played by the Crown and the Houses of Parliament in lawmaking?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on October 05, 2013, 03:58:26 pm
what is role of jury in civil trial? how does thos differ from their role in crimnal trial?

The main difference is that in a civil case, the jury (along with the judge), has the ability to determine the remedy such as damages. Whereas, in a criminal trial, it is up to the magistrate or judge (if in a higher court) to determine the criminal sanction - the jury just gives the verdict "guilty" or "not guilty".

Do we actually need to know the role of the commonwealth parliament as part of the key knowledge: the structure of the Victorian and Commonwealth parliament and the roles played by the Crown and the Houses of Parliament in lawmaking?

I think so. If you go back through past VCAA exams, they tend to ask the structure of parliament (can be either Cwth or Vic.)/role of Crown etc. as the first question. They are easy marks in my view. Worth knowing just in case it comes up.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on October 05, 2013, 04:02:18 pm
Yeah structure i'll definitely learn! But i mean the actual ROLE because in my notes I have some roles listed, but nowhere in that dotpoint does it mention the role if the CW  parliament- only the crown and the upper and lower house so Idk..
Edit: I think I just answered my own question...

Oh, and post no. 555!  ;D
Title: Re: VCE Legal Studies Question Thread
Post by: mattbrown19 on October 05, 2013, 04:13:48 pm
Yeah structure i'll definitely learn! But i mean the actual ROLE because in my notes I have some roles listed, but nowhere in that dotpoint does it mention the role if the CW  parliament- only the crown and the upper and lower house so Idk..
i dont think they wll ask for roles of clth parliament (they never have). they might ask the roles of a house of cwlth parliament. But, to be on the safe side, the role of cwlth parliament is to:
-determine which party forms federal govt
-to legislate on areas of cwlth powers (concurrent and exclusive)
-to control cwlth expenditure
-provide a forum for debate etc.
- delegate fundings to state govts.

as you can see, the roles of the cwlth parliament in general is similar to roles of the houses of parliament so youre not learning new content or anything.
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 05, 2013, 04:30:10 pm
Yeah structure i'll definitely learn! But i mean the actual ROLE because in my notes I have some roles listed, but nowhere in that dotpoint does it mention the role if the CW  parliament- only the crown and the upper and lower house so Idk..
Edit: I think I just answered my own question...

Oh, and post no. 555!  ;D

I would learn a role of the lower house and a role of the lower house. I have seen a few 2013 exams that ask for one role of each house of parliament (it doesn't matter for which of state or commonwealth - they are basically the same) and a role of the crown.

for example (the ones i am learning)
lower house - to provide representative government by the method of determining government
upper house - to act as a house of review
the crown - to give royal assent
Title: Re: VCE Legal Studies Question Thread
Post by: San on October 05, 2013, 04:37:00 pm
a.)   One element of an effective legal system is having effective access to the legal system. Select ONE aspect of civil procedures to illustrate:
-   How this aspect helps to achieve this element
-   How this aspect can limit the achievement of this element
-   Describe a possible solution to this problem (using examples of recent and/or recommendations for change).
 
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 05, 2013, 05:07:23 pm
a.)   One element of an effective legal system is having effective access to the legal system. Select ONE aspect of civil procedures to illustrate:
-   How this aspect helps to achieve this element
-   How this aspect can limit the achievement of this element
-   Describe a possible solution to this problem (using examples of recent and/or recommendations for change).
 

You could talk about need for legal representation
It helps litigants understand court processes and the rules of evidence etc. This is especially helpful in pre trial procedures which are very complicated and difficult to understand.
They can be very expensive which may mean parties do not pursue legal action in the first place or their financial recourses may be exhausted during pre trial procedures before the matter even reaches court.
The increased use of ADR methods of dispute resolution and tribunals such as VCAT has helped with this somewhat as there is much less need for LR meaning people who are unable to afford it can still access the legal system.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on October 05, 2013, 05:32:45 pm
a.)   One element of an effective legal system is having effective access to the legal system. Select ONE aspect of civil procedures to illustrate:
-   How this aspect helps to achieve this element
-   How this aspect can limit the achievement of this element
-   Describe a possible solution to this problem (using examples of recent and/or recommendations for change).

San, with respect, you need to do some work by yourself. you cant just copy and paste questions hoping people here will do your homework for you.
Title: Re: VCE Legal Studies Question Thread
Post by: San on October 06, 2013, 11:07:13 am
How does the purpose of criminal sanctions differ from the purpose of civil remedies?
The purpose of civil remedies is to restore the plaintiff to the position they were in before the harm occurred. The purpose of criminal sanctions differs from civil remedies as it aims to punish, deter, rehabilitate, denunciate and to protect the community from the offender.

Is this enough for 1 mark ?
Title: Re: VCE Legal Studies Question Thread
Post by: Lasercookie on October 06, 2013, 11:29:25 am
San, with respect, you need to do some work by yourself. you cant just copy and paste questions hoping people here will do your homework for you.
I agree with this. It doesn't really matter if it's questions being asked for homework, for revision from practice exams or just for the sake of learning. There's plenty of people that are more than happy to answer questions on the site, but asking a question should in most cases consist of more than just copying and pasting question.

It really is helpful to see what working you've figured out so far and outlining what part of the question you're actually having trouble with or are concerned about. It looks like you've done that in your post just above mine, so that's good.

That usually ends up in more fruitful discussion too. The person asking the question gets a more direct answer to the problem they were having e.g. you'll avoid problems like this
can you please answering more clearly; i get what you mean by listing all that
as well as the discussion will probably end up being a bit deeper than just Question. Answer. Question. Question. Answer. which frankly isn't as interesting as actually engaging the subject matter.
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on October 06, 2013, 12:20:27 pm
How does the purpose of criminal sanctions differ from the purpose of civil remedies?
The purpose of civil remedies is to restore the plaintiff to the position they were in before the harm occurred. The purpose of criminal sanctions differs from civil remedies as it aims to punish, deter, rehabilitate, denunciate and to protect the community from the offender.

Is this enough for 1 mark ?

Purpose of Civil remedies:
Restore individual back to original position - that is, before the breach had occurred. (i.e Specific compensatory damages)
Rectify situation caused by the person who is found to be in the wrong. (i.e Injunction)

Although this is not the main aim of civil remedies, some remedies such as Exemplary Damages actually aim to punish the individual in the wrong and in effect, deter individuals from engaging in a similar civil wrong. So, if this was me answering this question, I wouldn't say that punishment and deterrence is a difference. Instead, I'd insert a sentence such as "Similarly to criminal sanctions, civil remedies aim to also punish and deter, although to differing degrees" or something like that. That sentence isn't a very good example, but I'm just trying to illustrate what I mean.

Other than that, your answer looks fine.

Just a thing with the structure of your answer, maybe it would be more effective to start off with a sentence that states how they're similar (my above example, or something of the like), then follow it up by saying something like "however, the purpose civil remedies and criminal sanctions differ, as the former aims to [insert difference] whereas the latter aims to [insert difference]" I don't know if this is an ideal way of structuring your answer, but to me it seems much more effective than just stating what the purpose is of civil remedies without any recognition of how it differs from criminal sanctions.

Hmm, well you have used the word differ to differentiate the purposes....actually, you'd probably get the marks with that structure anyways.
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on October 08, 2013, 09:08:35 am
‘Critically evaluate the effectiveness of the jury system in contributing to an effective legal system” 10 Marks.

Does this question require you to evaluate the strengths and weakness of the jury system (that is, identifying 5 strengths and 5 corresponding weaknesses to gain full marks)?

OR

Does this question require you to evaluate the strengths and weaknesses of the jury system in achieving fair and unbiased hearings, timely resolution and effective access to justice (one way in doing this would be to have the 3 elements as you topic sentences and evaluate at least two strengths that contribute to the element and two corresponding weaknesses that hinder the ability to achieve that element)

Because I believe the latter is the approach needed to gain full marks and this is what I did in my legal SAC yet my teacher believes that the simply listing of 5 strengths and 5 weaknesses is what is needed to gain full marks. The fact that I did not provide a total of 10 points meant that my teacher only gave me a 6/10. If I can get your opinions on whether I am right to think my teacher is incompetent or whether I actually didn’t correctly interpret the question that would be very helpful as I am currently very pissed off. Cheers guys.
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 08, 2013, 09:50:36 am
‘Critically evaluate the effectiveness of the jury system in contributing to an effective legal system” 10 Marks.

Does this question require you to evaluate the strengths and weakness of the jury system (that is, identifying 5 strengths and 5 corresponding weaknesses to gain full marks)?

OR

Does this question require you to evaluate the strengths and weaknesses of the jury system in achieving fair and unbiased hearings, timely resolution and effective access to justice (one way in doing this would be to have the 3 elements as you topic sentences and evaluate at least two strengths that contribute to the element and two corresponding weaknesses that hinder the ability to achieve that element)

Because I believe the latter is the approach needed to gain full marks and this is what I did in my legal SAC yet my teacher believes that the simply listing of 5 strengths and 5 weaknesses is what is needed to gain full marks. The fact that I did not provide a total of 10 points meant that my teacher only gave me a 6/10. If I can get your opinions on whether I am right to think my teacher is incompetent or whether I actually didn’t correctly interpret the question that would be very helpful as I am currently very pissed off. Cheers guys.


critically evaluate means that you have to just go very deep into either 5 strengths or 5 weaknesses. I would do strengths as it asks how it contributes to an effective legal system - and yes this means fairness access and timelines you were right for the SAC. critically evaluate means you must talk about a strength for example and then say if there is anything that is detrimental to this (so a weakness more or less) but then argue it back to the strength outweighing it (or the weakness outweighing the strength if you want). But in this case they should all relate to FAT somehow as it is what the question is asking.

Sorry that was a really bad explanation
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 08, 2013, 10:53:11 am
‘Critically evaluate the effectiveness of the jury system in contributing to an effective legal system” 10 Marks.

Does this question require you to evaluate the strengths and weakness of the jury system (that is, identifying 5 strengths and 5 corresponding weaknesses to gain full marks)?

OR

Does this question require you to evaluate the strengths and weaknesses of the jury system in achieving fair and unbiased hearings, timely resolution and effective access to justice (one way in doing this would be to have the 3 elements as you topic sentences and evaluate at least two strengths that contribute to the element and two corresponding weaknesses that hinder the ability to achieve that element)

Because I believe the latter is the approach needed to gain full marks and this is what I did in my legal SAC yet my teacher believes that the simply listing of 5 strengths and 5 weaknesses is what is needed to gain full marks. The fact that I did not provide a total of 10 points meant that my teacher only gave me a 6/10. If I can get your opinions on whether I am right to think my teacher is incompetent or whether I actually didn’t correctly interpret the question that would be very helpful as I am currently very pissed off. Cheers guys.

Both and neither at exactly the same time.

'Evaluate' means you need to look at both sides of juries (the strengths and the weaknesses) and weigh them against each other. You don't have to have equal numbers of each and you don't need to match every single strength and weakness together, but you *do* need both sides and weighing up to some extent. You also need to be arguing an opinion.

As for the 'effective legal system' component of the question: that means you need to weave at least one element into your overall evaluation. You can do it by structuring it into sections like you did, or you can just refer to one or more elements in your general evaluation. Either is fine. It doesn't say "the three elements of", though, so you actually don't need all three explicitly done.

Lastly, you really need to make at least ten points - preferably slightly more. When you read the best answers students give, it's usually three pages (or more!) of great arguments, detail and examples slipped in, one after the other, bang bang bang. And when you count up the number of individual points they made, there's well over ten. That's what you're competing with.
Title: Re: VCE Legal Studies Question Thread
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