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July 07, 2020, 03:23:54 am

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anonymous 774

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1 week left
« on: November 04, 2014, 06:43:45 pm »
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Hi guys,
any last minute revision advice for the week before the legal exam?
Study tips/questions/exam predictions etc. all welcome.
Good luck!

M_BONG

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Re: 1 week left
« Reply #1 on: November 04, 2014, 07:05:51 pm »
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Hi guys,
any last minute revision advice for the week before the legal exam?
Study tips/questions/exam predictions etc. all welcome.
Good luck!
Bahaha ok I will give you some last minute tips.

Have you studied RODD? That wasn't on last year's exam and I was really mad cuz that screwed everyone over in 2012. Like not just know what they are: know the intricacies on how they work. Do you know your court hierarchies (original, appellate jurisdiction) and doctrine of precedent? They weren't tested at all last year and big chance they will this year because they are generally the tougher parts of the Legal Studies course.

Also, do you know relationship between parliament and courts? Again, parliament was only in one 3 mark question last year and I was really mad. Also, the three rights (implied, structural, express) weren't explicitly tested last year - only a comparison with another country - big chance they will ask you to talk about a High court case there. 

So yeah, my tip (not sure how accurate it is but for Legal, I recond it is), look at 2013 exam and see what they tested and cover things they didn't test. Of course, they can re-test things from last year, but chances are: they won't. 2013 was generally an easy exam and everything was done to a good standard, unlike 2012.I think this works well with Legal - people may disagree, but that's how I see it. Enough procrastination for me now, good luck!
« Last Edit: November 04, 2014, 07:10:52 pm by Zezima. »

aqple

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Re: 1 week left
« Reply #2 on: November 04, 2014, 07:11:29 pm »
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^ Agreed.
Some other topics that are due to appear on the exam include the progress of the bill, the VLRC and the doctrine of precedent in general.
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samholman343

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Re: 1 week left
« Reply #3 on: November 05, 2014, 09:10:27 am »
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So yeah, my tip (not sure how accurate it is but for Legal, I recond it is), look at 2013 exam and see what they tested and cover things they didn't test. Of course, they can re-test things from last year, but chances are: they won't. 2013 was generally an easy exam and everything was done to a good standard, unlike 2012.I think this works well with Legal - people may disagree, but that's how I see it. Enough procrastination for me now, good luck!

Does that mean that we look at what they tested in 2012 and look at what was in that exam but not in 2013 which could be included in 2014 or is that too soon for those questions/type to be re-tested? Because if that's the case you can apply this too all different subjects in terms of looking at last years exam and studying whats not on it.

AmericanBeauty

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Re: 1 week left
« Reply #4 on: November 07, 2014, 01:43:05 pm »
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Does overruling abrogate a persuasive precedent?

tonymontana

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Re: 1 week left
« Reply #5 on: November 07, 2014, 05:28:03 pm »
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Abrogation refers to making law defunct, if precedent is persuasive it is not law (as only binding precedent forms common law) so it cannot be abrogated

meganrobyn

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Re: 1 week left
« Reply #6 on: November 07, 2014, 05:57:37 pm »
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Not quite. ALL precedent is law - it's just law that must be applied in some situations, and doesn't have to be applied in some other situations. Logically, the one precedent will be binding in one case but persuasive in another (and totally irrelevant in another).

Overruling (as with every other method of departure) can only be done with a persuasive precedent, because otherwise the judge would have to follow it and wouldn't be able to depart. You can almost think of RODD as reasons *why* a particular precedent is persuasive.

Overruling is one of the methods of departure that DOES 'get rid of' the original precedent - like it never existed. But we don't call it 'abrogate', because that word is generally saved for when parliament does it with legislation. We say something like 'invalidate' instead.

With all those caveats aside, the short answer to what you're basically wanting to know is: yes.
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Good luck!

metalfingers

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Re: 1 week left
« Reply #7 on: November 08, 2014, 10:03:45 pm »
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what does everyone think the 'strengths/weaknesses of ___ evaluate blah blah blah' question/s will be on this year?