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November 18, 2019, 12:14:04 pm

Author Topic: VCE Legal Studies Question Thread  (Read 286281 times)  Share 

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unfamila

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Re: VCE Legal Studies Question Thread
« Reply #930 on: July 06, 2013, 07:07:00 pm »
0
Hi guys, quick question from Justice and Outcomes textbook. (ch6 Resolution bodies and methods)
Here it is: the question gives us an example: (Q10c, pg335 6.6)
"Kristen (plaintiff) recently sued Lorraine and Barry (defendant) for negligence and was successful. The court awarded Kristen $10,000 in damages. Lorraine and Barry (D)  were not happy with the decision and want to change the decision."
In which court would the appeal be heard??

This question is really confusing for me.
Firstly, would Kristen's case be heard originally in the Magistrates Court?  I thought you couldn't appeal a Magistrates' Court's (civil jurisdiction)'s decision? How would Lorraine and Barry appeal- what court would it go to? Certainly not the County Court?
The defendant cannot appeal the decision unless they are arguing that the law was incorrectly applied, or the wrong law was applied. -on point of law.
I think it's a trick question but I may be wrong

vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #931 on: July 06, 2013, 07:30:06 pm »
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For the role of VCAT as being cost-effective, do we need to know any actual numerical costs for filing claims or just that they provide a low-cost method of resolving disputes?

« Last Edit: July 06, 2013, 10:01:16 pm by vashappenin »
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vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #932 on: July 06, 2013, 10:01:54 pm »
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Also, are mediation, arbitration and conciliation still referred to as ADR or what? My teacher told us to refrain from classifying them as ADR, but just describe them as different methods of dispute resolution.. Isn't it the same thing though? I'm confused :\ How do we talk about them and describe them??

And what exactly do we need to know about each method? I'm soo lost!
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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #933 on: July 06, 2013, 10:38:08 pm »
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Hi guys, quick question from Justice and Outcomes textbook. (ch6 Resolution bodies and methods)
Here it is: the question gives us an example: (Q10c, pg335 6.6)
"Kristen (plaintiff) recently sued Lorraine and Barry (defendant) for negligence and was successful. The court awarded Kristen $10,000 in damages. Lorraine and Barry (D)  were not happy with the decision and want to change the decision."
In which court would the appeal be heard??

This question is really confusing for me.
Firstly, would Kristen's case be heard originally in the Magistrates Court?  I thought you couldn't appeal a Magistrates' Court's (civil jurisdiction)'s decision? How would Lorraine and Barry appeal- what court would it go to? Certainly not the County Court?

As already stated if the dispute was heard in the Mag's.

If it had complex law or evidence it could have been heard in the County or even Supreme Court, though - in which case the appeal would be heard by the Court of Appeal.
[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!

meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #934 on: July 06, 2013, 10:39:02 pm »
+1
For the role of VCAT as being cost-effective, do we need to know any actual numerical costs for filing claims or just that they provide a low-cost method of resolving disputes?

EVERYONE says "faster, cheaper, less formal". You need some kind of detail or evidence, but the exact choice of it is up to you.
[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.
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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #935 on: July 06, 2013, 10:43:10 pm »
+1
Also, are mediation, arbitration and conciliation still referred to as ADR or what? My teacher told us to refrain from classifying them as ADR, but just describe them as different methods of dispute resolution.. Isn't it the same thing though? I'm confused :\ How do we talk about them and describe them??

And what exactly do we need to know about each method? I'm soo lost!

Yes, the term 'ADR' retired a number of years ago. Originally it meant 'alternative to courts'... but now that courts use all four methods of dispute resolution, that doesn't make much sense... :/ So now all four are just 'methods'! If you like you can say "non-judicial methods" if you really need to separate out med, con and arb for some reason.

But you shouldn't be lumping them all together, anyway, so think of it as just a range of choices available for civil disputes.

Know things such as:

- The role of the third party.
- How the outcome is reached.
- When the outcome will be binding.
- Roughly how it's used in courts and VCAT.
- When the method will be compulsory to attend.
- How formal or adversarial it is.
Etc...
[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!

vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #936 on: July 06, 2013, 10:52:28 pm »
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Yes, the term 'ADR' retired a number of years ago. Originally it meant 'alternative to courts'... but now that courts use all four methods of dispute resolution, that doesn't make much sense... :/ So now all four are just 'methods'! If you like you can say "non-judicial methods" if you really need to separate out med, con and arb for some reason.

But you shouldn't be lumping them all together, anyway, so think of it as just a range of choices available for civil disputes.

Know things such as:

- The role of the third party.
- How the outcome is reached.
- When the outcome will be binding.
- Roughly how it's used in courts and VCAT.
- When the method will be compulsory to attend.
- How formal or adversarial it is.
Etc...
Thanks so much! Do we need to know the exact process of each method or not? And how many examples of bodies using each method do we need to know??
2013: English, Maths Methods, Further Maths, Legal Studies, HHD, Psychology
2014-present: Bachelor of Laws @ Monash University

Tutoring VCE English, Psych, Legal Studies and HHD in 2016! Tutoring via Skype too. PM me if you're interested :)

meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #937 on: July 06, 2013, 11:21:16 pm »
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*******************
With respect, Megan I did not really understand your reply, Sorry for wasting your time: but can a decision by a Magistrates' Court (hearing civil cases) ever be appealed?
I think I know the problem in the question.. I assumed too much? the question said the damages awarded NOT VALUE OF CLAIM was $10,000 so it did not necessarily originated in the Magistrates' Court?
In any case that question was quite tricky because it assumed that the student knew that the case did not originate in the Mag's and since it only asked for the appellate court which would be Court of Appeal regardless of it originating in Supreme/County Court, the question would be solved. Do you agree?
 Haha wasn't prepared for a tricky question in the Justice and Outcome textbook considering all questions are quite straightforward!

We don't know where the case originated - it could have started in any one of the Mag's, County or Supreme. Most likely is the Mag's, in which case a point of law appeal can go to the Supreme.

If, however, it started in the County or Supreme Courts the appeal could be point of fact OR point of law, and would go to the Court of Appeal. County and Supreme have unlimited jurisdiction. As in, from zero to infinity.

I don't think it's a great question.
[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!

meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #938 on: July 06, 2013, 11:22:38 pm »
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Thanks so much! Do we need to know the exact process of each method or not? And how many examples of bodies using each method do we need to know??

Nah :) Just a general idea.

And same for the second - just a general idea of how it's used by courts and VCAT.
[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!

vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #939 on: July 07, 2013, 06:12:36 pm »
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Hey I know I asked this before, but I'm still confused :S
What exactly do we need to know re: civil and criminal cases and in how much detail??
Thanks!
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tcstudent

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Re: VCE Legal Studies Question Thread
« Reply #940 on: July 07, 2013, 09:29:03 pm »
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heyy guys, im on holidays yaaay, if anyone is familiar with that really helpful guy in the BM section that has all AOS study prac sac's. i was just wondering does anyone here have prac sacs for unit 3 all outcomes for legal that i can have as im trying to revise over unit 3 on my holidays, cheers guys.

vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #941 on: July 15, 2013, 08:32:48 pm »
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Do these questions apply to the current study design for Unit 4 AOS1?
- Sophie is having problems with a property that she owns. Sophie has been advised to make an application to the Victorian Civil and Administrative Tribunal – Residential Tenancies List in order to resolve these problems.
Outline the jurisdiction of the Victorian Civil and Administrative Tribunal – Residential Tenancies List. Explain two advantages of tribunals in resolving disputes. [6 marks] -->Are we supposed to know about the jurisdiction of VCAT or is that from the past study design?

- The following extract is from a newspaper article. It contains errors.
Today is the start of Brendan’s civil action against Henry in the Supreme Court. Brendan is claiming $3000 for breach of contract. Henry, the plaintiff, is strongly denying any liability. In court Brendan must prove his case beyond reasonable doubt to the judge.
Identify two errors in the above extract and provide the correct definition, process or procedure.

- Bruce, aged 18, has been charged with breaking into a house and stealing a plasma television. He has decided to plead not guilty to the charge and have it heard in the Magistrates Court.
His friend, Danni, tells him that:
  a. Bruce could have this case tried in another court if he wanted to; and
  b. if Bruce is convicted in the Magistratesí Court, there is more than one possible appeal available to him.
Do you agree with Danniís advice? Give reasons for your answer.

- Do we need to know examples of pre-trial proceedings and remedies awarded?

Thanks! :)

EDIT: added more questions
« Last Edit: July 15, 2013, 08:55:06 pm by vashappenin »
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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #942 on: July 15, 2013, 09:37:55 pm »
+1
Do these questions apply to the current study design for Unit 4 AOS1?
- Sophie is having problems with a property that she owns. Sophie has been advised to make an application to the Victorian Civil and Administrative Tribunal – Residential Tenancies List in order to resolve these problems.
Outline the jurisdiction of the Victorian Civil and Administrative Tribunal – Residential Tenancies List. Explain two advantages of tribunals in resolving disputes. [6 marks] -->Are we supposed to know about the jurisdiction of VCAT or is that from the past study design?

- The following extract is from a newspaper article. It contains errors.
Today is the start of Brendan’s civil action against Henry in the Supreme Court. Brendan is claiming $3000 for breach of contract. Henry, the plaintiff, is strongly denying any liability. In court Brendan must prove his case beyond reasonable doubt to the judge.
Identify two errors in the above extract and provide the correct definition, process or procedure.

- Bruce, aged 18, has been charged with breaking into a house and stealing a plasma television. He has decided to plead not guilty to the charge and have it heard in the Magistrates Court.
His friend, Danni, tells him that:
  a. Bruce could have this case tried in another court if he wanted to; and
  b. if Bruce is convicted in the Magistratesí Court, there is more than one possible appeal available to him.
Do you agree with Danniís advice? Give reasons for your answer.

- Do we need to know examples of pre-trial proceedings and remedies awarded?

Thanks! :)

EDIT: added more questions

No yes yes :)

The final question doesn't make sense to me, though. You need to know the procedures etc that are on the Study Design.
[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!

vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #943 on: July 15, 2013, 09:53:59 pm »
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Thanks! The last question was referring to a question in checkpoints where it says: "Describe the process of two pre-trial proceedings which may have occurred prior to this case coming to trial" and "Explain the remedy Maria was awarded"
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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #944 on: July 16, 2013, 12:02:08 am »
+1
Ohhh, okay. The procedures and remedies you need are listed in the SD.
[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!