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November 23, 2019, 07:24:06 am

Author Topic: VCE Legal Studies Question Thread  (Read 287278 times)  Share 

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eeps

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Re: VCE Legal Studies Question Thread
« Reply #615 on: August 14, 2011, 05:25:54 pm »
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Should I know the exact strengths and weaknesses of the inquisitorial system? Most of these are alluded to in the major features of the inquisitorial system and the comparison between the two types of systems, but should I know the exact ones? In the Justice & Outcomes book it is under 'going further' but in the Key Concepts it is part of the chapter, so I'm not sure if I need to know it. Thanks :)

You don't have to know the strengths and weaknesses of the Inquisitorial system, just the elements/ features of it. However, what you do need to know is features in the inquisitorial that could be applied into the Adversary system, to further improve it and why.

To add to what cltf said, you would more likely be asked to compare the two systems of trial; showing the differing contrasts between the two systems (i.e. their specific features). In other words, a comparative analysis. For example, how the role of the judge differs in each system of trial. What I've attached may help you.

nacho

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Re: VCE Legal Studies Question Thread
« Reply #616 on: August 15, 2011, 03:50:39 pm »
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do we need to know all the specialist court divisions of the magistrates' court?

is knowing one sufficient? It isn't explicilty mentioned in the study design that we need to know the divisions, it just says jurisdictions of the magistrates' court, so im a little confused.

i'd take the time to learn them, but the word 'koori' really annoys me.

also, do we only need to know jurisdictions of state courts, or do we need to know about the high court as well?
« Last Edit: August 15, 2011, 03:53:33 pm by nacho »
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eeps

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Re: VCE Legal Studies Question Thread
« Reply #617 on: August 15, 2011, 05:19:44 pm »
+1
do we need to know all the specialist court divisions of the magistrates' court?

is knowing one sufficient? It isn't explicilty mentioned in the study design that we need to know the divisions, it just says jurisdictions of the magistrates' court, so im a little confused.

i'd take the time to learn them, but the word 'koori' really annoys me.

also, do we only need to know jurisdictions of state courts, or do we need to know about the high court as well?

Yes. Know at least one specialist court of the Magistrates' Court. Also on this point, note; the Family and Children's Court are technically NOT specialist courts of the Magistrates' Court. I lost marks for writing this on my SAC. They are just specialist courts. To be sure, the Drug and Koori Court are definitively specialist courts of the Magistrates' Court. To your second question, yes I would assume so. Though to be safe, learn the jurisdiction of the High Court. However unlikely, it may still be asked on a SAC or the exam.

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Re: VCE Legal Studies Question Thread
« Reply #618 on: August 17, 2011, 05:31:12 pm »
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What are some strengths and weaknesses of a pre-trial/trial procedures that help fair trial?

nacho

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Re: VCE Legal Studies Question Thread
« Reply #619 on: August 17, 2011, 07:42:04 pm »
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1. in what way are the burden of proof and the standard of proof essential elements of the adversary system? really dont get how to answer this..
2. why are the rules of evidence necessary for the adversary system to operate?
3. Why are some types of evidence privileged?
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eeps

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Re: VCE Legal Studies Question Thread
« Reply #620 on: August 17, 2011, 08:06:23 pm »
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1. in what way are the burden of proof and the standard of proof essential elements of the adversary system? really dont get how to answer this..
2. why are the rules of evidence necessary for the adversary system to operate?
3. Why are some types of evidence privileged?

1. It ensures a fair and unbiased hearing, where the accused is innocent until proven guilty. It provides a level/platform for which the prosecution has to prove the accused committed the crime(s) beyond all reasonable doubt (I'm assuming this is talking about criminal procedure).
2. It ensures a fair and unbiased hearing for the accused; that the accused can only be tried for what he/she has been charged with, not what has happened in the past. Generally hearsay evidence is not admissible for this reason, and propensity evidence can generally only be heard after the accused has been found guilty, when sentencing. This is a key element of an effective legal system; that individuals are given a fair and unbiased hearing.
3. Not exactly sure. Possibly, because it may assist the judge (and or jury) to reach a decision.

werdna

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Re: VCE Legal Studies Question Thread
« Reply #621 on: August 17, 2011, 08:20:43 pm »
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Though to be safe, learn the jurisdiction of the High Court. However unlikely, it may still be asked on a SAC or the exam.

Hmm.. I don't think this would be necessary - if something's not on the study design, you can just read over it as it won't be examinable through any SACs or exams.
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eeps

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Re: VCE Legal Studies Question Thread
« Reply #622 on: August 17, 2011, 08:50:02 pm »
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Though to be safe, learn the jurisdiction of the High Court. However unlikely, it may still be asked on a SAC or the exam.

Hmm.. I don't think this would be necessary - if something's not on the study design, you can just read over it as it won't be examinable through any SACs or exams.

Not so sure about SACs. I remember having a question relating to the High Court on a SAC. I don't think my school exactly follows the study design to "the letter of the law" per se, since we've had a number of questions on SACs which otherwise the study design didn't mention in that specific AOS. May be dependent on the school I presume. In any case, my take on Legal Studies is to cover anything, because you can never be 100% sure with the sorts of questions VCAA can put on the exam.

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Re: VCE Legal Studies Question Thread
« Reply #623 on: August 18, 2011, 08:53:20 pm »
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im confused this year design on the inquisitorial trial, instead of the same features like the adversary, it has reliance on a legal code, rules to exclude exvidence etc. as the main features, do i need to know role of the parties, burdon of proof aswell ?? and my book has no strengths and weaknesses of the inquisitorial, does that mean we dont need to know?

hotdog169

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Re: VCE Legal Studies Question Thread
« Reply #624 on: August 18, 2011, 08:54:36 pm »
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oh and do we need to know another country's inquisitorial system like Germany?

nacho

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Re: VCE Legal Studies Question Thread
« Reply #625 on: August 18, 2011, 08:57:55 pm »
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oh and do we need to know another country's inquisitorial system like Germany?
im fairly sure the inquisitorial system is basically an idea/way of doing something, so it doesnt change from country to country. think of it like, democracy. In australia we have to vote our leaders, and democracy in america, we also have to vote our leaders. basically same jiff with inquis
i did although finish the chapter/coursework on adversary vs inquis, and no other countries were mentioned anyway
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Re: VCE Legal Studies Question Thread
« Reply #626 on: August 18, 2011, 08:59:54 pm »
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alright cheers, im using making and breaking the law and it contains Germany's trial and teacher said i needed to know it :S, maybe its just for the SAC. What about the key features and strengths and weaknesses? what are they in your book and is there any strength and weaknesses?

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Re: VCE Legal Studies Question Thread
« Reply #627 on: August 18, 2011, 09:06:30 pm »
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alright cheers, im using making and breaking the law and it contains Germany's trial and teacher said i needed to know it :S, maybe its just for the SAC. What about the key features and strengths and weaknesses? what are they in your book and is there any strength and weaknesses?
I use justice and outcomes, although i just had a quick read of your book.
it's the same as any othe inquisitorial system, they've just used Germany as an example.
For instance, you will not get a question saying 'what is the difference between the inquisitorial system in Germany, and in France'.
What you may be asked is, "evaluate the inquisitorial system, used in Germany, against the adversarial system of trial, used in australia'' or "does australia ever use the inquisitorial system of trial?'' - to which your answer is, "yes, the coroner's court is an example of this...."

edit: This is actually a two part question;
a) does anyone else despise justice and outcomes?
b) would you recommend me an alternate textbook   ;D?

- How are committal proceedings usually conducted?
- Describe two possible outcomes from a committal mention hearing.
« Last Edit: August 23, 2011, 06:19:32 pm by nacho »
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eeps

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Re: VCE Legal Studies Question Thread
« Reply #628 on: August 23, 2011, 09:43:23 pm »
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edit: This is actually a two part question;
a) does anyone else despise justice and outcomes?
b) would you recommend me an alternate textbook   ;D?

A) At least it's better than the 'Key Concepts' textbook in my opinion. The only thing I *despise* perhaps is that sometimes it goes into too much detail in certain parts - which isn't on the course.
B) I would try the 'Making and Breaking the Law' textbook for detailed info relating to AOS 2 (Unit 4).

I answered your other two questions on FB message.

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Re: VCE Legal Studies Question Thread
« Reply #629 on: August 27, 2011, 02:04:31 am »
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Anyone studying for Aos2 yet? If so, got any smart study tips for studying the FAT evaluation (fairness, access, timely) for CRIMINAL, CIVIL and ADVERSARY besides rote learning it to death? Because I feel really sorry for my brain.