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#### JasonH168

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##### Legal Study 3/4 Question
« on: January 09, 2018, 08:16:28 pm »
0

Hey guys, I was wondering if you could please help me with this question: " Identify a range of community values not enshrined in law".

It was easy to come up with community values enshrined in law, but the opposite one I got stuck...

#### Glasses

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##### Re: Legal Study 3/4 Question
« Reply #1 on: January 09, 2018, 08:54:15 pm »
+3

Hey guys, I was wondering if you could please help me with this question: " Identify a range of community values not enshrined in law".

It was easy to come up with community values enshrined in law, but the opposite one I got stuck...

Hi there!
Welcome to the forums!

That's definitely a bit of a tricky question, as different people will have different ideas of what a community value is. However, a couple of community values/beliefs I can think of (which aren't completely enshrined in law) are:
- Looking after one's family; e.g. there is no legal obligation to provide financial assistance or do jobs for family members.
- Caring for the elderly; e.g. there is no legal obligation to help the elderly cross the road.
- Honouring veterans; e.g. there is no legal obligation to take part in a minute silence on ANZAC or Remembrance Day.
- Loyalty to one's partner; e.g. adultery is not illegal.

* I'll also note that arguably some of these values are enshrined in law, but perhaps not completely.

Hope this helps!
2015 - 2016 (VCE): Psychology, Religion & Society, Legal Studies, Business Management, Literature and English
2017 - Present: Bachelor of Laws (Honours)/Arts (Criminology & Psychology) @ Monash University

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#### MissSmiley

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##### Re: Legal Study 3/4 Question
« Reply #2 on: January 09, 2018, 08:57:26 pm »
+2

Hey guys, I was wondering if you could please help me with this question: " Identify a range of community values not enshrined in law".

It was easy to come up with community values enshrined in law, but the opposite one I got stuck...

Hi there!
Firstly, could I just ask if this is a VCE Legal Studies question? If it is, wow! Never came across this one!
It's certainly a tricky question, right?!!

But I think you could say these points:
- The last execution in Australia was carried out in 1967, after which courts stopped utilising it and parliaments wrote it out of legislation. However opinion polls for the next three decades showed continued public support for capital punishment. (This statement was on an article published in 2014, so you can imagine, the "opinion poll results" would be an ongoing issue (of how perhaps everyone wants capital punishment)
It'll be worthwhile researching these stats, and then I'm sure you have some capital punishment arguments for and against which you can use to strengthen your reponse

- Some of the changes being demanded by victims' rights advocates include stopping alleged perpetrators of family violence being able to question their victims in court proceedings, and more funding for support services.
"We are heartened to see the terms of reference reflect serious issues we see in our work at the family courts — including safety concerns, family violence and protection of vulnerable witnesses," said Women's Legal Services Victoria acting chief executive Helen Matthews.
"We hope that cost-cuttings do not dominate the review, but rather that access to justice and the safety of women and children in the family law system are prioritised."
The Law Council of Australia welcomed the review, but warned inadequate funding was always a major problem.
btw, the review was conducted by the Australian Law Reform Commission and it was a review of the family law system.
All this was mentioned in an article on 27th September 2017 (ABC), so I think this is pretty recent, in terms of when law reforms were carried out! But I'm willing to research more about law reforms!!

I know these are only a couple of points, but it's better than nothing! I think as the year progresses, when you look at the news carefully, we'll come to know the underlying flaws in our system!
Plus, it's kinda hard to really be picky about improvements in our law! Because day by day, reforms are aiming to improve Australian law!
Additionally, keep an eye on the news every day!
A fresh e.g. of Borce Ristevski! Why did he not choose to press charges over prison attack? Whilst the right for inmates to receive safe treatment in prisons is a right stated by the Victorian Charter or Human Rights and Responsibilities (and not a community value that you've asked for,) it'll be interesting to research more into this case and really unpack Ristevski's reasoning. Is it because there is a fault in our legal system for the rights of inmates / offenders?

I hope this helps! and Good Luck!

2017 : Further Maths [38]
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2019 - 2023 : Bachelor of Laws (Honours) and Bachelor of Arts at Monash University

#### Glasses

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##### Re: Legal Study 3/4 Question
« Reply #5 on: January 10, 2018, 05:58:38 pm »
+2

1.Identify the sources and types of law in Victoria. I wrote sources of law being statue law and common law, and types of law being civil law and criminal law. Would this be right? or is it sources of law being the parliaments, and types of law being statute and common?

2. A question asked me to identify 3 rules each for the crimes against person, crime aginast property, as well as indictable offence and summary offence, what would i cover for that? Thanks so muchhhh

Question 1:
What you've got seems good; although there are probably a couple of ways to approach that question. Regarding the sources of law, one source is Parliament (which creates statute law/legislation) and the other source is the Courts (which create common law). Criminal law and civil law are certainly types of law - however, you could also argue that statute law and common law are types of law; so to be safe, I'd recommend incorporating both criminal/civil law and common/statue law into your answer (as well as where common and statute law come from).

EDIT: Just had another look at the study design and for Unit 1 AOS 1, statute law and common law are referred to as sources of law, and criminal law and civil law as types of law - therefore, I'd be referring to them as such in your answer

Question 2:
Again, this question is a bit ambiguous - as it is unclear how students should go about answering the question (e.g. whether indictable and summary offences should be used as the 'rules' regarding offences against the person and offences against property, or whether these are separate categories to provide examples of also). Fortunately, you shouldn't receive anything this unclear in a VCAA exam. Nevertheless, given the way the question is written, I'd recommend answering the question by providing:
3 examples of crimes against the person, 3 examples of crimes against property, 3 examples of indictable offences and 3 examples of summary offences.

Hope this helps!
« Last Edit: January 10, 2018, 07:41:45 pm by Glasses »
2015 - 2016 (VCE): Psychology, Religion & Society, Legal Studies, Business Management, Literature and English
2017 - Present: Bachelor of Laws (Honours)/Arts (Criminology & Psychology) @ Monash University

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#### JasonH168

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##### Re: Legal Study 3/4 Question
« Reply #6 on: January 10, 2018, 07:15:38 pm »
0
Thanks!

But as to the rules of crime against property and person, it is quite unclear but I think they are asking the elements required to prove these crimes. I have written 3 rules( amoun they asked) for crime against person, but what would the rules be for crime against property, i.e. the elements that needs to be proved?

Question 1:
What you've got seems good; although there are probably a couple of ways to approach that question. Regarding the sources of law, one source is Parliament (which creates statute law/legislation) and the other source is the Courts (which create common law). Criminal law and civil law are certainly types of law - however, you could also argue that statute law and common law are types of law; so to be safe, I'd recommend incorporating both criminal/civil law and common/statue law into your answer (as well as where common and statute law come from).

Question 2:
Again, this question is a bit ambiguous - as it is unclear how students should go about answering the question (e.g. whether indictable and summary offences should be used as the 'rules' regarding offences against the person and offences against property, or whether these are separate categories to provide examples of also). Fortunately, you shouldn't receive anything this unclear in a VCAA exam. Nevertheless, given the way the question is written, I'd recommend answering the question by providing:
3 examples of crimes against the person, 3 examples of crimes against property, 3 examples of indictable offences and 3 examples of summary offences.

Hope this helps!

What you have written isnt confusing-dont be sorry hahaa

But yea, its exactly asking " identify 3 rules for crimes against property" ,so i guess its like the elements required to prove it, but again, i ain't sure of the elements....

p.s.: what do you think of the new study design, like the principles of justice?

Great to see you inventing your own questions!

1. Yes, you're right.
Sources of law = state constitutions, federal and state statutes, common law, case law and administrative law
types of law = civil, criminal, etc (but these two are the umbrella terms)
And interesting to think about what Parliament is, really! We say it's the supreme law maker so in a way but it wouldn't be a source of law.
BUT, Acts passed by Parliament and other legislature and delaration of legal rules by a higher authority (like Parliament) would be a source of law. Because then when courts refer to these "sources" (Acts passed by parliament), then they can carry out statutory interpretation!

2. I don't quite understand what you mean by "rules" of the crimes, etc that you've mentioned... could you post maybe the exact wording of the question?
It it is really 'rules,' then I think it's asking what factors would be necessary to prove these crimes? Or another interpretation of 'rules' would be how sentencing should be conducted for these crimes?
Sorry if I've confused you, but if you could clarify "rules," then it'll make it so much easier!

Moderator edit: Double post merge (Glasses)
« Last Edit: January 10, 2018, 07:35:03 pm by Glasses »