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August 18, 2019, 10:34:07 am

Author Topic: Legal Studies Exam Multis  (Read 881 times)  Share 

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steveb013

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Legal Studies Exam Multis
« on: October 22, 2018, 03:02:04 pm »
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Some tough questions in there..

What are your thoughts on Q15:

The Australian Government provides a report to a United Nations Committee under the ICESCR. What is this an example of?

A) Exercising state sovereignty
B) Cooperating with a non-governmental organisation
C) Complying with an order from an international tribunal
D) Recognising the power of an independent statutory authority?

Answer: D?

Also I thought the hardest Question was 18:

Which of the following best describes the relationship between the CTP in NSW and the UDHR?

A) The CTP is consistent with the principles of the UDHR
B) The CTP is required by the Australian Government to comply with the UDHR
C) The UDHR is incorporated into the laws that determine the CTP
D) The UDHR provides a remedy to a convicted person who considers their conviction unfair

Torn between A and C..


charlottemchenry

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Re: Legal Studies Exam Multis
« Reply #1 on: October 22, 2018, 03:25:46 pm »
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15 I was tossing up between a and c, I first did c but think I changed to a.

18 I was also tosssing up a and.c but went c.
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joannelovescake

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Re: Legal Studies Exam Multis
« Reply #2 on: October 22, 2018, 03:47:33 pm »
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15 - a, the 'independent statutory authority' threw me off, so went with state sovereignty
 
18 - c

how do you remember the questions!! lol
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amelia20181

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Re: Legal Studies Exam Multis
« Reply #3 on: October 22, 2018, 05:53:03 pm »
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What did you put for Q1

Razeen25

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Re: Legal Studies Exam Multis
« Reply #4 on: October 22, 2018, 06:20:03 pm »
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15 - a, the 'independent statutory authority' threw me off, so went with state sovereignty
 
18 - c

how do you remember the questions!! lol

Same I went for state sovereignty in question 15 but ugh idek now. Multiple choice defs seems to have been a weak point for me rip
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ayylmao2600

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Re: Legal Studies Exam Multis
« Reply #5 on: October 22, 2018, 06:31:56 pm »
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Some tough questions in there..

What are your thoughts on Q15:

The Australian Government provides a report to a United Nations Committee under the ICESCR. What is this an example of?

A) Exercising state sovereignty
B) Cooperating with a non-governmental organisation
C) Complying with an order from an international tribunal
D) Recognising the power of an independent statutory authority?

Answer: D?

Also I thought the hardest Question was 18:

Which of the following best describes the relationship between the CTP in NSW and the UDHR?

A) The CTP is consistent with the principles of the UDHR
B) The CTP is required by the Australian Government to comply with the UDHR
C) The UDHR is incorporated into the laws that determine the CTP
D) The UDHR provides a remedy to a convicted person who considers their conviction unfair

Torn between A and C..

It could be A or D for Q15. Most likely D, although I put A. Im pretty sure any body established by any international treaty is considered a 'statutory body' under the Legal syllabus - and so that could make D a very likely correct answer.

For Q18, I put D...probably wrong. I didn't think it was A because I felt that there were inconsistencies between the CTP and the UDHR, and not C because I don't think the UDHR determined the laws that establish the processes of the CTP. So I put D because I thought if any accused was convicted wrongly (like in contradiction to the UDHR) then they could remedy it by complaining to any UN committee. But my thinking is probably flawed, but I also think this question is too ambiguous.

steveb013

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Re: Legal Studies Exam Multis
« Reply #6 on: October 22, 2018, 06:43:36 pm »
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The ICESCR Committee IS a statutory authority, so I'm fairly confident 15 is D.

As for 18, it could be any of them!

jamonwindeyer

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Re: Legal Studies Exam Multis
« Reply #7 on: October 22, 2018, 06:51:47 pm »
+1
Iím rolling with A for 18!

- People unhappy with convictions have an appeals process, which has nothing directly to do with the UDHR, so D is out.
- No Australian Laws are directly required to adhere to the UDHR, so B is out.
- C seems off, the UDHR isnít incorporated (references directly) in any Australian law, to my knowledge

Really weird question!

joannelovescake

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Re: Legal Studies Exam Multis
« Reply #8 on: October 22, 2018, 07:08:03 pm »
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The ICESCR Committee IS a statutory authority, so I'm fairly confident 15 is D.

As for 18, it could be any of them!

yes, however, the 'power' of it is debatable :/ HR MP was tricky
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joannelovescake

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Re: Legal Studies Exam Multis
« Reply #9 on: October 22, 2018, 07:29:45 pm »
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Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.
 
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. -- procedural fairness

Article 11.
 
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. -- Crimes (Sentencing) Act 1999 ?


So 15 could really be either A or C...
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brownie2829

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Re: Legal Studies Exam Multis
« Reply #10 on: October 23, 2018, 12:13:42 am »
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What did everyone put for the driver with high BAC that ended up being imprisoned? Wasn't total convinced of either summary or indictable

Lilabear123

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Re: Legal Studies Exam Multis
« Reply #11 on: October 23, 2018, 01:06:07 am »
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What did everyone put for the driver with high BAC that ended up being imprisoned? Wasn't total convinced of either summary or indictable

I'm fairly certain it's summary, as costs up to $10,000 are under the jurisdiction of the Local Court (summarily = no jury)

FutureLawStudent

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Re: Legal Studies Exam Multis
« Reply #12 on: October 23, 2018, 08:01:16 am »
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I'm fairly certain it's summary, as costs up to $10,000 are under the jurisdiction of the Local Court (summarily = no jury)
What did everyone put for the driver with high BAC that ended up being imprisoned? Wasn't total convinced of either summary or indictable
The money was a distractor, and had nothing to do with it, as it wasn't a civil case (nor a criminal damage offence?). Drink driving is a strict liability offence, and thus is a summary offence.

Lilabear123

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Re: Legal Studies Exam Multis
« Reply #13 on: October 23, 2018, 10:03:04 am »
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The money was a distractor, and had nothing to do with it, as it wasn't a civil case (nor a criminal damage offence?). Drink driving is a strict liability offence, and thus is a summary offence.

I don't think the money didn't have anything to do with it:

In the local court, civil cases are dispute about money or property, such as:
loan agreements
unpaid bills
damages from a motor vehicle accident
services paid for and not provided
property not returned
The NSW Local Court deals with civil disputes for claims up to $100,000.

The local court has two divisions to determine civil cases; the Small Claims Division hears claims up to $10,000 and the General Division hears claims over $10,000 (up to $100,000).

splimestudios

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Re: Legal Studies Exam Multis
« Reply #14 on: October 23, 2018, 11:02:01 am »
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I don't think the money didn't have anything to do with it:

In the local court, civil cases are dispute about money or property, such as:
loan agreements
unpaid bills
damages from a motor vehicle accident
services paid for and not provided
property not returned
The NSW Local Court deals with civil disputes for claims up to $100,000.

The local court has two divisions to determine civil cases; the Small Claims Division hears claims up to $10,000 and the General Division hears claims over $10,000 (up to $100,000).

I think the question asked for what charge he was CONVICTED of, so I think in that sense you may be right but I think the question did direct you to look at the criminal aspect of it - not the civil side. Now as for it being summary or indictable I'm not entirely sure - I eventually chose summary because I remembered hearing somewhere about how summary offences are up to two years and the question mentioned how he was imprisoned for two years. Looking around online, I think it is summary; http://www.lenzlegal.com.au/how-we-can-help/criminal-offences-lawyer-sydney/summary-offences/ as apparently "traffic offences" are finalised in the local court.