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Author Topic: VCE Legal Studies Question Thread  (Read 287294 times)  Share 

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M_BONG

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Re: VCE Legal Studies Question Thread
« Reply #1005 on: September 24, 2013, 01:42:41 pm »
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Are you guys planning on doing any practice exams these holidays or just revising and relaxing? I definitely wanna go over unit 3 again, but I don't know whether I should actually start practice exams yet or just wait until school starts, because I'll still have a good month left until the legal exam. So what are you guys doing/did you do?
Also, should I start with VCAA papers or other company papers?

Thanks!
hi! Legal is my only 3/4 so i am going to start revising now. In terms of practice papers, i am going to leave the 2011 and 2012 vcaa exam till 1-2 weeks before the exams. i dont think you should leave it to one month before the exam due to school already started etc.
Do other companies' papers if you can get your hands on them. I recommend QAT and Neap legal exams (if your school has them) -they are harder than the Vcaa exams.

vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #1006 on: September 24, 2013, 03:20:03 pm »
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Are VCTA and COMPAK papers good? Which papers are the most similar to the VCAA standard?
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 #1007 on: September 25, 2013, 12:32:27 am »
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Are VCTA and COMPAK papers good? Which papers are the most similar to the VCAA standard?

I try to write CPAP as much in line with VCAA as I can.
[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!

M_BONG

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Re: VCE Legal Studies Question Thread
« Reply #1008 on: September 28, 2013, 07:50:46 pm »
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For suggested reforms to the jury system, would I be marked incorrect by VCAA on the exam if I said "one suggested reform is to improve jury directions? Because the Vic. parliament has recently legislated on this issue (Jury Directions Bill 2012).

Is VCAA really tight with 'suggested reforms"? Ie. can suggested reforms be something that is already put in place? Would something like improving jury directions not be a "suggested reform" but instead, a "recent change"?



Thanks in advance!
 


« Last Edit: September 28, 2013, 07:53:56 pm by M_BONG »

DetteAmelie

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Re: VCE Legal Studies Question Thread
« Reply #1009 on: September 28, 2013, 09:13:22 pm »
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For suggested reforms to the jury system, would I be marked incorrect by VCAA on the exam if I said "one suggested reform is to improve jury directions? Because the Vic. parliament has recently legislated on this issue (Jury Directions Bill 2012).
It's really not a suggested reform, if it has been implemented. There is a difference between an actual reform and a suggested reform.
The study design states as a key knowledge 'reforms and alternatives to the jury system,' therefore, it doesn't make mention of whether the reform must be a suggested one, or on that has been implemented. In the end however, the wording on the exam is what counts. If a question did just say 'discuss one reform to the jury system,' I'd assume they would accept both an actual reform or a suggested reform (although I am not too sure). I'd wait to see what Megan has to say.

Just a quick reminder, don't forget to discuss the reform (briefly outline what it is) and look at how it improves and how it doesn't improve the jury system.


Is VCAA really tight with 'suggested reforms"? Ie. can suggested reforms be something that is already put in place? Would something like improving jury directions not be a "suggested reform" but instead, a "recent change"?

Thanks in advance!
 

Like I've just said, how can something be suggested if it has already been implemented?

tcstudent

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Re: VCE Legal Studies Question Thread
« Reply #1010 on: September 29, 2013, 01:55:40 pm »
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Hi all, for this questions, We talking strengths and weaknesses or telling the assessor the actual process??
1.bill
2. put to the people
3. double majority
4. royal assent

18.   The Commonwealth Constitution is too rigid and this makes it an ineffective mechanism for protecting human and democratic rights.
A.   Evaluate the process of changing the Constitution as outlined in Section 128.


cheers all.

DetteAmelie

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Re: VCE Legal Studies Question Thread
« Reply #1011 on: September 29, 2013, 03:00:29 pm »
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Hi all, for this questions, We talking strengths and weaknesses or telling the assessor the actual process??
1.bill
2. put to the people
4. royal assent

You must know the process, as it is outlined in the study design. I've yet to see a question asking you to evaluate the strengths and weaknesses of the legislative process, but you may be asked to evaluate the effectiveness of how parliament makes laws.

3. double majority
This requirement under section 128 relates to the referendum process, you need to know this. You will also need to know the process of a referendum in general.
I'm not quite sure I understand the direction of your question, however, in terms of what to answer, it will depend on the question. I don't think I ever seen a question that relates specifically to the strengths and weaknesses of the double majority provision. However, you may get a question which asks you to evaluate the effectiveness of a referendum changing the constitution or something along the lines of that, in which you would be required to discuss the double majority provision in your answer.


18.   The Commonwealth Constitution is too rigid and this makes it an ineffective mechanism for protecting human and democratic rights.
A.   Evaluate the process of changing the Constitution as outlined in Section 128.


cheers all.
Effectively this is a strengths and weaknesses question, as you're asked to 'evaluate.' I wouldn't bother explaining the entire process, I would use elements of the process and explore it in relation to its strength or weakness (if you get what I mean). Overall, yep, you'd be required to discuss the strengths and weaknesses of a referendum.  Also, that quotation seems slightly unrelated to the question that is being asked. Is that meant to be apart of this question?
« Last Edit: September 29, 2013, 03:03:51 pm by Floraison »

unfamila

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Re: VCE Legal Studies Question Thread
« Reply #1012 on: September 29, 2013, 03:30:33 pm »
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I think the quotation is relevant as they are saying that the referendum process is not effective in making changes to the constitution, which is true only 8/44 have been successful.

tcstudent

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Re: VCE Legal Studies Question Thread
« Reply #1013 on: September 29, 2013, 03:39:11 pm »
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Okay sorry i was had a bad structure,

Question----> The Commonwealth Constitution is too rigid and this makes it an ineffective mechanism for protecting human and democratic rights.

1. Evaluate the process of changing the Constitution as outlined in Section 128

for this question here is it asking me to state the strengths and weaknesses of a referendum process or is it asking me to outline the referendum process such as 1. passing of a bill and so on? sorry for the consuion


EDIt***

i have another question sorry,

Q1)Parliament as a lawmaker is more able than the courts to respond to the needs of society.
Discuss this statement and indicate the extent to which you agree or disagree.

unsure if htis relates to courts as a law maker AKA unit 3 AOS3 or is this unit 3 AOS1 parliament and the citizen?
cheers guys/girls
« Last Edit: September 29, 2013, 03:48:42 pm by tcstudent »

DetteAmelie

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Re: VCE Legal Studies Question Thread
« Reply #1014 on: September 29, 2013, 04:14:39 pm »
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I think the quotation is relevant as they are saying that the referendum process is not effective in making changes to the constitution, which is true only 8/44 have been successful.

That assertion makes no reference to the quotation at all. The quotation is not talking about its effectiveness to make changes. "The Commonwealth Constitution is too rigid and this makes it an ineffective mechanism for protecting human and democratic right" Yes, I can see how a referendum could be discussed since it's within our constitution, but in terms of protecting human and democratic rights -- I'm not too sure how that relates.
Wait, you could explain how referendums have been passed to protect the rights of groups of individuals, I guess and reference the 1967 (equal citizenship for Aboriginals) referendum. That would make much more sense actually.

Generally however, I'd expect something such as referencing the express rights and the structural protection of rights instead. Unless you could discuss the referendum in terms of structural protection of rights.  However, for the purpose of this question, I think that quotation is quite irrelevant.
Okay sorry i was had a bad structure,

Question----> The Commonwealth Constitution is too rigid and this makes it an ineffective mechanism for protecting human and democratic rights.

1. Evaluate the process of changing the Constitution as outlined in Section 128

for this question here is it asking me to state the strengths and weaknesses of a referendum process or is it asking me to outline the referendum process such as 1. passing of a bill and so on? sorry for the consuion

Ahh, that makes much more sense. This question is asking you 'evaluate' the process, therefore a discussion of the strengths and weaknesses is required. As a way of framing your answer, you could use the elements of the process as a basis for exploration of such strengths and weaknesses (i.e Double Majority requirement) Here's an example of how I'd do it:

Generally, section 128 provides an effective process for change to the constitution; however, it is also undermined by certain weaknesses which ultimately hinders its ability to do so.

One strength associated with the referendum process is its ability to ensure that smaller states are protected (i.e Tasmania) from being dominated by the more populated states (i.e NSW and Vic). If we only had a national vote to change the constitution, Victoria and New South Wales could act to together and override the wishes of other states and territories. The double majority provision under section 128 of the constitution requires a collective 'in favour/yes' vote from the majority of states (4/6 states) and an 'in favour/yes' vote from the majority of voters within Australia, in order to protect and safeguard the interests of the states. Despite this, the complexity of proposals and level of voter understanding can effectively mitigate the processes ability to amend the constitution. Referendums are generally complex and usually expressed in technical language. Lack of understanding of the process and the arguments being raised may lead to confusion and therefore voters will feel much more inclined to vote 'no' in order to maintain the existing state of affairs. This is reflected in the failure of the 1999 referendum for the establishment of a republic of Australia, where many voters cited the confusing language of the question as the reason for its failure.


Edit: Yikes, that's terrible English. Some sentences are a bit awkward.

Alright, not a great response, but hopefully that will give you an idea of how you might answer that question.
« Last Edit: September 29, 2013, 09:36:40 pm by Floraison »

DetteAmelie

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Re: VCE Legal Studies Question Thread
« Reply #1015 on: September 29, 2013, 04:42:23 pm »
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EDIt***

i have another question sorry,

Q1)Parliament as a lawmaker is more able than the courts to respond to the needs of society.
Discuss this statement and indicate the extent to which you agree or disagree.

unsure if htis relates to courts as a law maker AKA unit 3 AOS3 or is this unit 3 AOS1 parliament and the citizen?
cheers guys/girls


You must discuss all aspects of that quote, therefore a discussion of both the courts and parliament is required. Again, this is another strengths and weakness question.
Firstly, you need to decide to what extent you agree with this statement. I.e You could say that Parliament is more effective than the courts in responding to the needs of society and frame by answering with the strengths of Parliament against the weaknesses of the courts, etc.
« Last Edit: September 29, 2013, 04:47:48 pm by Floraison »

tcstudent

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Re: VCE Legal Studies Question Thread
« Reply #1016 on: September 29, 2013, 04:52:23 pm »
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Thanks man some great responses by you, but for what you said earlier  ''reference the 1969 (equal citizenship for Aboriginals) referendum'' is this supposed to be the 1967 referendum because im not familiar with this 1969 one unless i need to read some more articles which is not in my books lol.. Also i guess i stuffed up a couple of questions simply talking about the courts strengths and weaknesses as a law makers

i guess when they ask questions about parliament as a law maker and courts as a law maker this is in regards to saying something like

 a strength of parliament is that they have the abillity to legislate an entire topic, however due to drafting of legislation this may cause major delays, whereas the courts have the abillity to change the law quickly as they are not burdend by strict parliamentary process, and then a strength and weakness of parliament followed by a strength and weakness of courts.... i hope im on the right track.. someone please guide me haha

DetteAmelie

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Re: VCE Legal Studies Question Thread
« Reply #1017 on: September 29, 2013, 04:56:43 pm »
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Thanks man some great responses by you, but for what you said earlier  ''reference the 1969 (equal citizenship for Aboriginals) referendum'' is this supposed to be the 1967 referendum because im not familiar with this 1969 one unless i need to read some more articles which is not in my books lol.. Also i guess i stuffed up a couple of questions simply talking about the courts strengths and weaknesses as a law makers

That is correct! 1967, not 1969 (my mistake! ---fixed)


i guess when they ask questions about parliament as a law maker and courts as a law maker this is in regards to saying something like

 a strength of parliament is that they have the abillity to legislate an entire topic, however due to drafting of legislation this may cause major delays, whereas the courts have the abillity to change the law quickly as they are not burdend by strict parliamentary process, and then a strength and weakness of parliament followed by a strength and weakness of courts.... i hope im on the right track.. someone please guide me haha

The essence of what you're saying is correct, but you'd also need to explain and discuss the points you're making. For example: Legislating on an entire topic - you might want to divulge this concept further and maybe accompany it with an example. I.e issues relating to marriage and custody (among other things) have been amalgamated into the Family Law Act. You could also use the Crimes Act as another example.
Also, because you're discussing the extent to which you agree/disagree, you will need an opening sentence (introduction) and conclusion which outlines your stance and after each body paragraph you should aim to have a concluding sentence which directly references the stimulus. It could be something along the lines of "Therefore, it can be argued that both Parliament and courts can equally respond to the needs of society," again this will vary depending on the extent to which you agree/disagree with the quotation.

Good Job so far! It looks like you're on the right track.
« Last Edit: September 29, 2013, 05:18:08 pm by Floraison »

M_BONG

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Re: VCE Legal Studies Question Thread
« Reply #1018 on: September 29, 2013, 08:32:11 pm »
+2
Okay sorry i was had a bad structure,

Question----> The Commonwealth Constitution is too rigid and this makes it an ineffective mechanism for protecting human and democratic rights.

1. Evaluate the process of changing the Constitution as outlined in Section 128

for this question here is it asking me to state the strengths and weaknesses of a referendum process or is it asking me to outline the referendum process such as 1. passing of a bill and so on? sorry for the consuion


EDIt***

i have another question sorry,

Q1)Parliament as a lawmaker is more able than the courts to respond to the needs of society.
Discuss this statement and indicate the extent to which you agree or disagree.

unsure if htis relates to courts as a law maker AKA unit 3 AOS3 or is this unit 3 AOS1 parliament and the citizen?
cheers guys/girls
1. When you are asked to evaluate the process of referendum, you are expected to EVALUATE not EXPLAIN. Thus, you gain little or no marks from describing the whole referendum process.
Also, with evaluate, remember to include an opinion. Eg. I believe referenda are largely ineffective in protecting rights [link back to stimulus]
2. Your second question about the parliament question.
That is an example of a composite question. It is looking for you to mix the knowledge from AOS1 with AOS3. You need to look at the strengths and weaknesses of both parliament and comment on which of the two you believe is more effective in responding to the needs of society.

Also, one quick thing. 1967 referendum didn't give equal citizenship. It gave the Commonwealth powers to make laws with regards to Indigenous Australians and allowed them to include them in the Federal Census. Indigenous Australians were Australia citizens prior to this referendum.


* Oh and I don't know how to multi-quote because I am still (relatively) new here, but Floarison's example of how to answer your evaluate question is excellent and is what I think you should be doing with an evaluate question!



« Last Edit: September 29, 2013, 08:35:31 pm by M_BONG »

DetteAmelie

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Re: VCE Legal Studies Question Thread
« Reply #1019 on: September 29, 2013, 09:06:04 pm »
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Also, one quick thing. 1967 referendum didn't give equal citizenship. It gave the Commonwealth powers to make laws with regards to Indigenous Australians and allowed them to include them in the Federal Census. Indigenous Australians were Australia citizens prior to this referendum.

What you're saying is correct, but that's not what is being implied by the title. I'll try reword it to illustrate what I mean. It's entitled equal citizenship rights for aboriginals, meaning as citizens they were finally granted equal rights Remember section 51 (xxvi) deleted the clause excluding the Commonwealth Parliament from making laws on behalf of Aboriginals. The referendum ensured that the Commonwealth was able to now make laws that allowed Aboriginals to share the same rights as non-indigenous Australians  -- equality was therefore granted for indigenous citizens. Also the deletion of section 127 meant that they could now be counted in the census (just like non-indigenous Australians). So, yeah that's where the title comes from. But you're right, the referendum broadened the powers of the Commonwealth to make laws in Aboriginal affairs.

Does that make sense?

Also, with evaluate, remember to include an opinion. Eg. I believe referenda are largely ineffective in protecting rights [link back to stimulus]

I'm 99.99% sure with evaluate questions, inserting an opinion is irrelevant. They don't care about your opinion (as blunt as that sounds), but rather interested in your objective evaluation of whatever it is you are evaluating. Unless the question directly asks, "to what extent do you agree/disagree" or "in your opinion," then that's when you'd provide your own opinion (as you have done). However, since I'm not 100% sure, it would be wise to consult the examiners report and see what the VCAA has to say about this or you could wait until Megan or someone else can confirm this.
« Last Edit: September 29, 2013, 09:40:07 pm by Floraison »