June 06, 2020, 01:21:23 pm

### AuthorTopic: VCE Legal Studies Question Thread  (Read 329285 times) Tweet Share

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#### dingaling

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##### Re: VCE Legal Studies Question Thread
« Reply #2430 on: March 10, 2019, 04:59:02 pm »
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Hey guys!
I have a sac for U3AOS1 coming up soon and I was working my way through the revision question in teh J&O book. I'm having a bit of trouble with Q6:
To what extent is there a right to trial by jury in Victoria? Justify your answer. [5 marks]
Does anyone know roughly what the mark breakdown for this question is or what the key points I should write about are?

Thankyou

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##### Re: VCE Legal Studies Question Thread
« Reply #2431 on: March 11, 2019, 10:32:52 pm »
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Hey so, for this type of answer this is how my teacher would mark it.
1 mark - describe who has the right to a trial by jury
1 mark - opinion
1 mark - two strengths of this (justification)
1 mark - two weaknesses (justification)
1 mark - depth which can be a related case, additional strengths and weaknesses or the definition of a jury

hope this helps

#### dingaling

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##### Re: VCE Legal Studies Question Thread
« Reply #2432 on: March 13, 2019, 01:26:38 pm »
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Hey so, for this type of answer this is how my teacher would mark it.
1 mark - describe who has the right to a trial by jury
1 mark - opinion
1 mark - two strengths of this (justification)
1 mark - two weaknesses (justification)
1 mark - depth which can be a related case, additional strengths and weaknesses or the definition of a jury

hope this helps

Thankyou so much!

#### aspiringantelope

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##### Re: VCE Legal Studies Question Thread
« Reply #2433 on: April 07, 2019, 02:10:01 pm »
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Note sure if this belongs here, but
What is the difference between a Republic and Australia's constitutional monarchy?
Found a point somewhere else where
A. Appointed by the PM as is done for the Governor General or

B. Popularly elected.

Is this all? And true? And which one is which?

Sorry, not sure if this is the correct thread lol

#### Jimmmy

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##### Re: VCE Legal Studies Question Thread
« Reply #2434 on: April 07, 2019, 02:17:48 pm »
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Note sure if this belongs here, but
What is the difference between a Republic and Australia's constitutional monarchy?
Found a point somewhere else where
A. Appointed by the PM as is done for the Governor General or

B. Popularly elected.

Is this all? And true? And which one is which?

Sorry, not sure if this is the correct thread lol
Haven't learnt it in Legal specifically, but I'll give it a crack. As far as I know, Constitutional Monarchies are lead by the Queen, whereas Republics aren't. For point A: yes the GG does it, and doesn't in a Republic.
2018 - 2019 (VCE): English Language, Maths Methods, Legal Studies, Global Politics, Business Management (2018), Philosophy
2020 - 2024: Bachelor of Laws (Honours)/Bachelor of Commerce @ Monash University

#### aspiringantelope

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##### Re: VCE Legal Studies Question Thread
« Reply #2435 on: April 07, 2019, 02:25:49 pm »
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Haven't learnt it in Legal specifically, but I'll give it a crack. As far as I know, Constitutional Monarchies are lead by the Queen, whereas Republics aren't. For point A: yes the GG does it, and doesn't in a Republic.
Ok thank you!
Just wasn't really sure where to post this question about government. xD

#### meganrobyn

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##### Re: VCE Legal Studies Question Thread
« Reply #2436 on: April 10, 2019, 05:59:09 am »
+1
Note sure if this belongs here, but
What is the difference between a Republic and Australia's constitutional monarchy?
Found a point somewhere else where
A. Appointed by the PM as is done for the Governor General or

B. Popularly elected.

Is this all? And true? And which one is which?

Sorry, not sure if this is the correct thread lol

A monarchy has a hereditary head of state, whereas a republic has a democratically chosen head of state (eg through election, with the people voting). A constitutional monarchy is a monarchy, where the monarch (head of state) has its power limited by a constitution.

I don't really understand the second part, sorry. Who is it that you're saying is appointed by the PM? The hypothetical Australian head of state in a republic? There are a number of ways a non-hereditary head of state could be chosen: one is direct election, another is appointment by the legislature or executive government.
[Update: full for 2018.] I give Legal lectures through CPAP, and am an author for the CPAP 'Legal Fundamentals' textbook and the Legal 3/4 Study Guide.
Available for private tutoring in English and Legal Studies.
Experience in Legal 3/4 assessing; author of Legal textbook; degrees in Law and English; VCE teaching experience in Legal Studies and English. Legal Studies [50] English [50] way back when.
Good luck!

#### aspiringantelope

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##### Re: VCE Legal Studies Question Thread
« Reply #2437 on: April 13, 2019, 05:12:51 pm »
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Sorry, wondering again:
Would happen to the Constitution if Australia becomes a republic?
Like I know republic is when people vote representatives to go in parliament but I'm not sure if the constitution still applies?

And also does anyone know why the 1999 Referendum did not succeed? [Reasons behind not getting a majority]

Thanks!

#### meganrobyn

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##### Re: VCE Legal Studies Question Thread
« Reply #2438 on: April 14, 2019, 07:55:12 am »
+1
Sorry, wondering again:
Would happen to the Constitution if Australia becomes a republic?
Like I know republic is when people vote representatives to go in parliament but I'm not sure if the constitution still applies?

And also does anyone know why the 1999 Referendum did not succeed? [Reasons behind not getting a majority]

Thanks!

The Constitution would have to be amended in order for us to become a republic. The vast majority of it would remain the same, though.

In terms of failure, there are a bunch of reasons. One big one is that the most popular form of republic wasn't put to the people for the vote; a less popular option for choosing the 'president' was.
[Update: full for 2018.] I give Legal lectures through CPAP, and am an author for the CPAP 'Legal Fundamentals' textbook and the Legal 3/4 Study Guide.
Available for private tutoring in English and Legal Studies.
Experience in Legal 3/4 assessing; author of Legal textbook; degrees in Law and English; VCE teaching experience in Legal Studies and English. Legal Studies [50] English [50] way back when.
Good luck!

#### aspiringantelope

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##### Re: VCE Legal Studies Question Thread
« Reply #2439 on: April 14, 2019, 10:41:11 am »
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The Constitution would have to be amended in order for us to become a republic. The vast majority of it would remain the same, though.

In terms of failure, there are a bunch of reasons. One big one is that the most popular form of republic wasn't put to the people for the vote; a less popular option for choosing the 'president' was.
Thank you!

#### aspiringantelope

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##### Re: VCE Legal Studies Question Thread
« Reply #2440 on: April 23, 2019, 08:53:53 pm »
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Last one!
I do not get what this means - Section 107 of the constitution, can someone please rewrite this in like a flowing sentence that can be understood for younger people? Thanks
Every power of the Parliament of a Colony which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be.

#### DoctorTwo

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##### Re: VCE Legal Studies Question Thread
« Reply #2441 on: April 24, 2019, 01:51:39 am »
+2
Last one!
I do not get what this means - Section 107 of the constitution, can someone please rewrite this in like a flowing sentence that can be understood for younger people? Thanks
Every power of the Parliament of a Colony which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be.
Every power (power here means literal law-making power) of each state parliament will continue to be a power of each state parliament, unless that power is given to the Commonwealth parliament. Basically, the states keep all the powers they had before federation unless those powers are given only to the Commonwealth parliament. If they are given only to the Commonwealth parliament, then the states don’t have law-making power in that area anymore. It took me more than a few reads to get it but the title of the section was a huge hint ‘Saving of Power of State Parliaments’.

#### aspiringantelope

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##### Re: VCE Legal Studies Question Thread
« Reply #2442 on: April 24, 2019, 09:33:54 pm »
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Every power (power here means literal law-making power) of each state parliament will continue to be a power of each state parliament, unless that power is given to the Commonwealth parliament. Basically, the states keep all the powers they had before federation unless those powers are given only to the Commonwealth parliament. If they are given only to the Commonwealth parliament, then the states don’t have law-making power in that area anymore. It took me more than a few reads to get it but the title of the section was a huge hint ‘Saving of Power of State Parliaments’.
Thank you SO MUCH!!! :]
« Last Edit: April 24, 2019, 09:36:18 pm by aspiringantelope »

#### An_Ha

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##### Re: VCE Legal Studies Question Thread
« Reply #2443 on: April 27, 2019, 12:47:24 pm »
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Do you know what the role of common law and statute law in developing the law in relation to the offence of assault??

#### jemima.allpress

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##### Re: VCE Legal Studies Question Thread
« Reply #2444 on: May 09, 2019, 11:31:05 pm »
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A practice question I have been given...

Imagine that you own a business with a turnover of more than $200,000 a year for the previous financial year. You operate your business from a small site in a busy street. You have heard that the local council has granted a planning permit for a multi-dwelling building valued at over$5,000,000 across the road from you. You and several others objected to the granting of the permit, but the council granted the permit anyway. You have decided that you want the decision to grant the permit reviewed by VCAT.

Discuss the extent to which you will be able to access VCAT to resolve this issue.  6 marks

I'm just a bit stuck because although VCAT have a review jurisdiction, would this case be too complex?
:-)