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June 18, 2019, 12:56:00 pm

Author Topic: HSC Legal Studies Question Thread  (Read 204782 times)  Share 

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jamonwindeyer

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Re: 90 in Legal Studies: Ask me anything!
« Reply #30 on: March 06, 2016, 01:08:02 pm »
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How do I go about responding to the human rights short answer question? For example, "How are is ONE human right best protected in Australia..."

Cheers

Hey chuckiecheese! Awesome question, and quite a broad one, I'll answer it the best way I can and feel free to follow up with me if it's confusing  ;D

So, your Trial and HSC Exam (and any others will be similar) will have 15 marks of Human Rights Short Answer Questions. So, you won't get just one, you will get a variety of questions.

The questions worth lower marks are a little easier, because the questions are quite narrow. For example: Identify two non-governmental organisations that assist with the promotion of human rights. They have a very specific focus and thus are a little easier to answer, since you are directed.

The more difficult questions (and the ones you are probably more concerned about) are the more open ended questions. For example, your question, How is ONE human right best protected in Australia. These are tricky because you aren't given a direct path to go down, you more or less form your own ideas. And this is tough.

My advice for these sorts of question is to respond with a PEEL/MATES paragraph, just like you would use in the body of your essay.

Start with a topic sentence, addressing the question and giving your judgement (if it is necessary, and often, it is nice to blend one in anyway). In the case of your question, you'll obviously identify which area you are addressing. Follow it up with an amplification statement giving a little more info.

Human rights, such as the right to freedom of movement, although enshrined in international law, are most effectively handled by domestic jurisdictions. Indeed, in Australia, the right to freedom of movement is most effectively protected by domestic legislation and judicial decisions.

Follow this up with your actual response to the question, supported by examples. How is the human right protected in Australia? Be sure to include laws and cases at bare minimum, and even media/reports if you can. You could write sentences like:

The Criminal Code (Trafficking in Persons Offences) Amendment Act 2005 (Cth), enables offences which infringe on this fundamental right to be prosecuted at the federal level. Such has occurred in cases such as R v Ho et al (2012), where state superior courts have successfully applied domestic legislation to handle people trafficking offences.

Once you have exhausted your evidence (or run out of room), simply conclude with something like:

Thus, it is clear that domestic legislation, judicial decisions, and other legal mechanisms prove vital to the protection of human rights such as the right to freedom of movement.

This PEEL approach is systematic, and guarantees a well structured response. Just be careful to address the question, and also to address the specific verb. I always throw in a little evaluation, but be sure that if you need to evaluate, you evaluate. If you only need to describe, just describe. Make the separation between high order response (analyse, synthesise, evaluate, explain) and low order response (identify, list, describe). It will save you lots of time  :D

16ebond

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Re: 90 in Legal Studies: Ask me anything!
« Reply #31 on: March 07, 2016, 06:55:01 pm »
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Hey
So I was just wondering how I would write an essay on this question?

Evaluate the effectiveness of the criminal justice system in dealing with young offenders in respect the two issues.

Thanks so much

Em  :)

elysepopplewell

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Re: 90 in Legal Studies: Ask me anything!
« Reply #32 on: March 07, 2016, 07:37:47 pm »
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Hey
So I was just wondering how I would write an essay on this question?

Evaluate the effectiveness of the criminal justice system in dealing with young offenders in respect the two issues.

Thanks so much

Em  :)

Hey Em!
There are sooo many ways that you can answer this. I would take a scaffold like this and work with it:

Introduction:
-Sentence addressing the question. INCLUDING your evaluation.
-Sentence describing a brief history of Y.O and the importance of the CJS responding to them.
-The main legislation that you will be referring to.
-The main issues that you will discuss.

Body paragraphs should be broken up into the issues to be discussed.
Try these issues: The age of Criminal Responsibility, the diversionary programs available, the rights of young children when questioned or detained or the Children's Court.

The paragraph structure might be like this:

-Introduction of the issue being discussed and statement on the effectiveness.
-Describe the features of the issue.
-Provide evidence for or against.
-Use cases, definitely mention legislation. (Cases for Y.O. are hard to come across, so don't hold back from using statistics in their place)
-Continually evaluate the effectiveness.

If you are referring to the Age of Criminal Responsibility, look into where Australia stands against other countries and what the UN suggests.

Because there are few cases available for your discussion, make sure you load your response with media and statistics :)
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Henandez

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Re: 90 in Legal Studies: Ask me anything!
« Reply #33 on: March 10, 2016, 10:05:30 pm »
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‘Juries should not be given the responsibility of deciding complicated criminal cases. That's the essay question and we are to write 600 to 1000 words about our viewpoint and stand, and I am really not sure where to start could you please help!...(Jean-Pierre)

jamonwindeyer

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Re: 90 in Legal Studies: Ask me anything!
« Reply #34 on: March 10, 2016, 11:29:03 pm »
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‘Juries should not be given the responsibility of deciding complicated criminal cases. That's the essay question and we are to write 600 to 1000 words about our viewpoint and stand, and I am really not sure where to start could you please help!...(Jean-Pierre)

Hey Hernandez! A loaded question there, and quite common at the moment, quite a few students have this question popping up.

So, in English, this question is asking you to evaluate the effectiveness of juries in the criminal trial system. Are they good, are they bad, are they ugly, and why you think this is the case. Specifically, it is alluding to the fact that, although juries are given the responsibility of determining the verdict in a criminal trial, they possess little to no actual legal knowledge. This has been a source for contention for ages, and the argument is basically:

Juries represent contemporary communal values and so will assist in achieving just outcomes for modern societies.

versus

The lack of legal knowledge possessed by jurors may lead to wrongful convictions/acquittals and thus prevent the passage of justice.

You need to decide where you stand on this before doing anything else. Some reading can help.

To start, try doing a bit of research. Read into the 'Juries' part of your textbook, google some legislation, keep an eye peeled for media articles and cases to back up your argument. Then, based on your research, you need to form what is called a Thesis. I have a whole bunch of tips on this!

That would be the best way to start. Come up with a cool Thesis argument (hopefully some of my tips in that linked post can help you), and research laws, cases, reports, media articles, anything you can to back it up  ;D

Beata.Lobo

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Re: Legal Studies Question Thread
« Reply #35 on: March 18, 2016, 05:18:26 pm »
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Hi Elyse,

I was wondering how do you incorporate LCMS (Legislation, Case Law, Media Reports and Statistics) into legal studies essays?

Thank you.

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #36 on: March 18, 2016, 10:05:56 pm »
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Hi Elyse,

I was wondering how do you incorporate LCMS (Legislation, Case Law, Media Reports and Statistics) into legal studies essays?

Thank you.

Hey Beata.Lobo! There is really no easy answer to that question. I think it totally depends on the essay your are writing.

Basically, you should use LCMS (my version is LCMTR, Laws, Cases, Media, Treaties, Reports, but same thing)[/b] to prove the points you make in your essay. Some examples:

==========
The three-tier warning system contained within the Young Offender's Act 1997 (NSW) is an effective mechanism for achieving justice for young offenders, as the legal system has clearly adapted a more rehabilitative approach to juvenile crime.

The partial defence of provocation is often criticised as neglecting retribution for victims, perhaps exemplified most acutely by the case of R v Signh (2012). A charge of manslaughter by way of provocation lead to a prison term of just 6 years, viewed by many as grossly inadequate given the serious nature of the "ferocious attack" ('Six Years for Killing Sparks Law Review', SMH 2012).
==========

What you'll see here is that the laws/cases/media are just a natural part of the argument. I want to talk about how the legal system encourages rehabilitation, and my example is the law. I want to talk about how some defences take away the rights of the victim to retribution, and the example is the case (and I use the media article to show public opinion).

In general:

- Laws/Treaties are effective to show the legal response to an issue.
- Cases are effective to show how laws are interpreted in contemporary scenarios. Sure, the laws are effective in theory, but are they being applied correctly by judiciaries?
- Media Articles are effective to show public opinion
- Reports/Statistics are good to support any points and show depth of knowledge. They are a nice way to build sophistication of your argument.

I hope this little run down helps! I personally had heaps of trouble putting media into my essays, then someone explained to me the idea that media articles represent public opinion, and I was all set. I hope something here creates that "Eureka" moment for you  ;D

zeinabalaouie

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Re: Legal Studies Question Thread
« Reply #37 on: March 20, 2016, 09:32:43 am »
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I have to write an essay on police discretion, I understand the meaning of discretion within the legal system and the concepts of it, but one thing I can't seem to find is the legislation that gives police such powers!! do you have any idea which legislation goves police the right to discretion????

elysepopplewell

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Re: Legal Studies Question Thread
« Reply #38 on: March 20, 2016, 10:29:31 am »
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I have to write an essay on police discretion, I understand the meaning of discretion within the legal system and the concepts of it, but one thing I can't seem to find is the legislation that gives police such powers!! do you have any idea which legislation goves police the right to discretion????

Hey there! Very interesting essay question, quite specific that they would make it particularly about police discretion. The legislation that you are looking for is LEPRA 2002 - Law Enforcement (Powers and Responsibilities) Act 2002. Discretion is implied throughout the act, but you can use this break down here: http://www.austlii.edu.au/au/legis/nsw/consol_act/leara2002451/ to have a close look. Have a look at Part 4 specifically - without using the word discretion directly, this specifically gives Law Enforcement the ability to make judgements without a warrant for the greater good. Hopefully this helps! :)
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Nicki

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Re: Legal Studies Question Thread
« Reply #39 on: March 20, 2016, 09:19:53 pm »
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Hi!

this might be a stupid question but i have a legal studies test on human rights, just multiple choice and short answer, but i was just wondering what do you reckon is the most effective way to remember the content?? I'm using the legal book from atar notes (which is amazing) along with my class notes and just reading and saying the content out loud, i am starting to remember stuff but just for trials and hsc what do you recommend to ensure i know most of it so i don't get stuck at a question?

thank you  :)
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jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #40 on: March 21, 2016, 02:22:16 pm »
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Hi!

this might be a stupid question but i have a legal studies test on human rights, just multiple choice and short answer, but i was just wondering what do you reckon is the most effective way to remember the content?? I'm using the legal book from atar notes (which is amazing) along with my class notes and just reading and saying the content out loud, i am starting to remember stuff but just for trials and hsc what do you recommend to ensure i know most of it so i don't get stuck at a question?

thank you  :)

Hey Nicki! There are no stupid questions  :D

Okay, so the test you are doing has no essay, meaning primarily it is testing content knowledge! So how do you get all of that content in your head? I am glad to hear that you are loving the ATAR Notes Legal Notes, because it is a great start.

To memorise the content, and specifically to your question, to make sure you have memorised all of it,  my best advice would be to use the syllabus. It is literally a list of everything you could possibly be asked!

What I would do is sit down with the syllabus, and write out a dot point. Then, I would literally brainstorm as much content as I could remember in black pen. Just dot points, no sentences or anything like that. Literally content splurge onto the page. Once you've done everything you can, go back to your summary/ATAR Notes Book/class notes, and add everything you had forgotten in a different colour. The stuff in a different colour is what you still need to memorise, and you can do this in a variety of ways. Flash cards, posters, summary sheets, recordings, practice questions, etc etc.

Once you know what you need to memorise, it really comes down to how you learn. Visual? Use a poster. Aural? Record yourself saying the laws and listen to it. Whatever style you are, do lots of practice!

Everybody is different when it comes to the best way to study, but everyone works from the same syllabus. Make sure you use that syllabus as your check list  ;D


eggsalad

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Re: Legal Studies Question Thread
« Reply #41 on: March 25, 2016, 04:53:52 pm »
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hi there, i know this is a bit of a silly question but my textbook was talking about ratification as 'the process of a state formally approving a treaty, making it legally binding'.
i thought ratification was creating provisions of international treaties etc. into binding domestic law?
it was in regards to monist and dualist systems, and it says 'This means [a dualist society] that signing a treaty does not make it enforceable in Australian law', but then then later said, 'Australia ratified the Rome Statute in 2002' and then talks about how it doesn't mean that it is included as domestic law until legislation is passed it enact it?

it later defines 'incorporation' as the process by which a country enacts a treaty into domestic law?

i'm a little confused with how the two (ratification + incorporation) actually work, and if ratification is the process of actually making international shenanigans into domestic law, or if it's just a government being like 'yeah this is a real groovy treaty, we dig it'?
subjects + aims : sor I, 47 / his. ext., 45 / society + culture, 99 / legal, 94 / ancient, 94 / english adv., 90 / vis. arts, 97
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jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #42 on: March 25, 2016, 06:48:06 pm »
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hi there, i know this is a bit of a silly question but my textbook was talking about ratification as 'the process of a state formally approving a treaty, making it legally binding'.
i thought ratification was creating provisions of international treaties etc. into binding domestic law?
it was in regards to monist and dualist systems, and it says 'This means [a dualist society] that signing a treaty does not make it enforceable in Australian law', but then then later said, 'Australia ratified the Rome Statute in 2002' and then talks about how it doesn't mean that it is included as domestic law until legislation is passed it enact it?

it later defines 'incorporation' as the process by which a country enacts a treaty into domestic law?

i'm a little confused with how the two (ratification + incorporation) actually work, and if ratification is the process of actually making international shenanigans into domestic law, or if it's just a government being like 'yeah this is a real groovy treaty, we dig it'?

Hey egg salad! I remember this majorly confused  me back in Year 12, it doesn't really make much sense does it!

For a dualist system, yes, ratification is pretty much a very formal and legal way of saying, "Yeah this is a real groovy treaty, we dig it."

There are three stages. Signing is done exclusively by the foreign representative at the meeting, or convention, or whatever. Ratification is then done back home by the states internal procedures. Ratification represents an official confirmation by the state that they intend to abide by the treaty. Then, incorporation is where the domestic laws are actually brought into effect (EG - The International Criminal Court Act 2002 (Cth) is the incorporation of the Rome Statute into Australian domestic law).

So you are spot on the money, ratification is pretty much useless for a dualist system, it is just lip service. For a monist legal system, however, ratification automatically means incorporation. The treaty is automatically domestically enforceable in that case  ;D

I hope this helps!

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #43 on: March 25, 2016, 06:49:07 pm »
+1
Yeah this is a real groovy treaty, we dig it

PS - This absolutely made my night!  ;D

eggsalad

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Re: Legal Studies Question Thread
« Reply #44 on: March 25, 2016, 08:51:00 pm »
+1
I remember this majorly confused  me back in Year 12, it doesn't really make much sense does it!
holy moly thank you so much, i'm so glad im not the only person in the world that was totally lost by it

PS - This absolutely made my night!  ;D
and thank u i try  8)
subjects + aims : sor I, 47 / his. ext., 45 / society + culture, 99 / legal, 94 / ancient, 94 / english adv., 90 / vis. arts, 97
ahgahahahahausjaha