VCE Legal Studies Question Thread

[meganrobyn]

can anyone help with how to structure or what to include in a 10marker conclusion. i have recently done quite a few and received 8 or that around abouts. with the feedback need to make conclusion stronger. i know it obviously depends on the q... but any hints, tips or tricks would be greatly appreciated

Write something that is one, single concise sentence long, *but* would sound like a legitimate answer if someone asked you the question in person. If someone would read the last sentence and say, "Mm, that's nice; but that tells me nothing"... it's probably not a great conclusion.

Sincerely, though, I don't trust your feedback: you don't get an 8/10 *only* because the concluding sentence wasn't strong enough. I'd go back and look at how I could make the entire answer stronger.

[chantelle.salisbury]

Write something that is one, single concise sentence long, *but* would sound like a legitimate answer if someone asked you the question in person. If someone would read the last sentence and say, "Mm, that's nice; but that tells me nothing"... it's probably not a great conclusion.

Sincerely, though, I don't trust your feedback: you don't get an 8/10 *only* because the concluding sentence wasn't strong enough. I'd go back and look at how I could make the entire answer stronger.

ok thankyou.. thats great! next time i will just read it allowed to myself to double check.
hmm... interesting. the teachers normally not too bad on feedback. and is a flipping harsh marker im def seeing how to improve on this

[meganrobyn]

8/10 isn't a harsh mark, though - it's actually a really good mark. Most people would be lucky to get an 8/10 on the exam! Last year the average was 4.4/10. But, yes, you don't get 8/10 just because the final sentence wasn't strong enough. Usually, really, the final sentence is irrelevant to the mark. It's possible to change your mark in the last sentence, but it's really difficult. So, just because they only mentioned the final sentence in the feedback... I'd still go back and improve the whole thing. Assume it's a little weak the whole way through.

[chantelle.salisbury]

8/10 isn't a harsh mark, though - it's actually a really good mark. Most people would be lucky to get an 8/10 on the exam! Last year the average was 4.4/10. But, yes, you don't get 8/10 just because the final sentence wasn't strong enough. Usually, really, the final sentence is irrelevant to the mark. It's possible to change your mark in the last sentence, but it's really difficult. So, just because they only mentioned the final sentence in the feedback... I'd still go back and improve the whole thing. Assume it's a little weak the whole way through.

Yup yup... i understand thanks heaps... i did another today and got 10! so thankyou for your help. now i just gotta keep it up

[cer0010]

Need help with a couple questions from past exams that I'm not sure I've answered properly. wrote these in exam conditions and have typed up without changing and wondering what mark I'd get. Looked at the reports but didn't help too much. Thanks in advance for any help!
2014.
Q12. Discuss the extent to which VCAT can overcome two weaknesses of civil pre-trial procedures
To some extent VCAT overcomes the costs and time of civil pre-trial procedures.

Firstly, one weakness of civil pre-trial procedures is that they are expensive. Due to the complexities in procedures like Discovery parties often will requier legal representation, which is very costly. This may also prohibit some people from exercising their rights due to not being able to attain representation.

VCAT somewhat overcomes this. To attend VCAT only a small fee is required which in 2011 was only $37 for a small claim. This means justice is much more accessible. However, VCAT fees have recently risen by 300% and some lists charge by the day, undermining this strength. Although true, as legal representation is not often required in VCAT, parties may still find it overcomes the weakness of civil pre-trial procedures being costly.

Secondly, another weakness of civil pre-trial procedures is that they increase the time of a case. During discover thousands of documents can be exchanged which may take up a lot of time. However they can lead to an out of court  settlement.

VCAT operates to avoid lengthy cases. VCAT suffers from few delays due to a focus on alternative dispute resolution methods like mediation. Hence the average case is resolved within 14 weeks of application. However, civil pre-trial procedures also occur in VCAT, and although they have the aim of reaching an out of court settlement, they uultimate depend on whether the parties can cooperate to reach a resolution.

Therefore by avoiding lengthy procedures VCAT somewhat overcomes the weakness of costs but time ultimately depends on the parties.

2015
1.C Explain one purpose of discovery
One purpose of discovery is to raise, discover, and determine questions of fact. During discover, parties can issue questions to each other known as interrogatories, allowing them to discover the other party's facts. Further, through discovery and production of documents all facts become known allowing parties to properly prepare for a trial and perhaps reach an out-of-court settlement..

[meganrobyn]

With your first answer, you have some errors with VCAT material. VCAT doesn't have faster resolution because of a focus on mediation - it uses less mediation than the courts. It has faster resolution because of shorter waiting times, highly specialised lists, extremely limited pre-hearing procedures, and much shorter (than the County or Supreme) actual hearings (partly because of the more inquisitorial nature and limited rules of evidence and procedure). Also, oral decisions rather than written, and generally decisions delivered immediately at the end of the hearing.

That links with the second error - pre-hearing procedures. Very limited, and not as focused in VCAT on reaching settlement (although some lists will have mediation options).

But, good structure on the answer. I'd just want a stronger opinion - you haven't really brought up 'depending on the parties' as an idea; the first time you mention it is in the conclusion. And what exactly does "somewhat" mean? And make sure your opinion covers both your weaknesses of PT.

With the second question, you've not isolated the purpose clearly - it's too diffuse. What do you mean by "raising" questions of fact? Is that the same as determining? And discovering? And how does settlement come under the same purpose? When it asks for *one* you need to make sure you very clearly have exactly one, and that you stick to that one.

Can't say what mark I'd personally give you without knowing the mark allocations, sorry.

[cer0010]

Are these answers better.
2014. Q12- out of 8
To a large extent VCAT overcomes the costs and delays associated with civil pre-trial procedures.

Firstly, one weakness of civil pre-trial procedures is that they are expensive. Due to the complexities in procedures like Discovery parties often will require legal representation, which is very costly. This may also prohibit some people from exercising their rights due to not being able to attain representation.
VCAT somewhat overcomes this. To attend VCAT only a small fee is required which in 2011 was only $37 for a small claim. This means justice is much more accessible. However, VCAT fees have recently risen by 300% and some lists charge by the day, undermining this strength. Although true, as legal representation is not often required in VCAT, it is still often cheaper than civil pre-trial procedures used in courts, and therefore largely overcomes this weakness.
Secondly, another weakness of civil pre-trial procedures is that they increase the time of a case. During discover thousands of documents can be exchanged which may take up a lot of time, and if an out-of -court agreement cannot be reached significant delays are likely to occur before the trial.

VCAT operates to avoid lengthy delays. It aims to provide quick dispute resolution and hence avoids strict rules of procedure and evidence like those in court civil pre-trial procedures. Cases are heard quickly and before 2011 over 80% of cases were resolved within 9 weeks of application.However, VCAT now takes on average 14 weeks to resolve a dispute. Nonetheless, this is still much quicker than in courts where thousands of civil cases are waiting to be heard in the Magistrate's Court and lengthy procedures occur before a case.

Therefore to a large extent VCAT overcomes the weaknesses of costs and delays that occur in  civil pre-trial procedures in the courts.




2015. Q1C- out of 3.
One purpose of discovery is to promote an out of court settlement. Interrogatories can be issued which allow parties to ask questions of each other, and the discovery and production of documents ensures both parties can gain all the relevant information. These processes allow issues of facts to be raised and determined, and new information may result in a party realising their claim or defence is weak, leading to an out of court settlement. This means parties can save the time and costs of a lengthy trial.

[meganrobyn]

The second answer is much better - it all links back, and I'd personally give you 3/3 now.

The first answer is not bad at all, but it's difficult to make answers on VCAT and courts stand out from the pack because everyone says so much the same thing. What do you mean by thousands of civil cases are waiting? Isn't that always going to be the case, because nothing is heard the day it is filed? And some delay before the hearing is necessary, so people can prepare their cases. Also, the Mag's doesn't have lengthy procedures - it has not too different from VCAT. I know I'm being picky, but it's 15 minutes of writing and *everyone* writes the same kind of answers for this topic, so (as before) it's just really hard to stand out.

[cer0010]

Should you mention statutory interpretation in questions regarding the Doctrine of Precedent?

[jasontran11]

Hey guys, could someone explain to me the difference between Structural Protection and Implied Rights? I'm confused because I know both indirectly protect people's rights.

[clarke54321]

Should you mention statutory interpretation in questions regarding the Doctrine of Precedent?

Hey!

I wouldn't say that it is necessary. Statutory interpretation is just one of the ways that a new principle of law is established (apart from a novel case arising). The bulk of your answer will be focussing on judges' ability to make law, the operation of the doctrine, flexibilities, confines, eg. Obviously this would not be the case if the question was specific to statutory interpretation (reasons/effects). Hope this helps 

Hey guys, could someone explain to me the difference between Structural Protection and Implied Rights? I'm confused because I know both indirectly protect people's rights.

Hey!

Well an implied right is quite literally inferred by the words in the Constitution. We only have one in Australia- Freedom of political communication. Thus, we have the right to freely express our concerns pertaining political and governmental matters. So to clarify: Implied rights are not explicitly stated in the Constitution.

So by contrast, structural protections are the systems, structures of mechanisms that are found directly in the Constitution (whose establishment indirectly protects rights). For example, section 7 and section 24 respectively state that Senators and members of the House of Representatives ought to be directly elected by the people. These are explicit. Further examples include the establishment of the High Court, Bicameral System, Representative Government and the Separation of Powers.

Hence, while implied are inexplicit, structural rights are explicit. Implied rights are, in a sense directly protecting Australians (but in a vague sense), while structural rights are indeed indirectly protecting Australians (for it is their overarching structure that promotes justice).

Hopefully this helps

[chantelle.salisbury]

just wondering if we include examples that are from overseas would this be acceptable in the exam?
for example the donough vs stevenson case for negligence law and when explaining nominal damages speak of taylor swifts' recent case.
its not necessary and i wasnt really planning on including these examples but just a tad curious

[chantelle.salisbury]

Hey guys, could someone explain to me the difference between Structural Protection and Implied Rights? I'm confused because I know both indirectly protect people's rights.

well just to add...
implied rights are intended by the constitution and or the founders of the constitution in 1901 but not necessarily clearly or explicitly stated in the constitution.

whereas, as clarke said, structural protections are protected by the structure and systems of the legal system set up in the constitution, which allow for check and balances of power within the legal system. through separation of powers, responsible and representative gov etc.

[Glasses]

just wondering if we include examples that are from overseas would this be acceptable in the exam?
for example the donough vs stevenson case for negligence law and when explaining nominal damages speak of taylor swifts' recent case.
its not necessary and i wasnt really planning on including these examples but just a tad curious

Hi there!
You can definitely use Donoghue v Stevenson as an example, as Australia's Legal System stems from the UK System - and also (and especially) because many principles of law derived from cases (case/common law) are still applied in Australia - including Donoghue v Stevenson.

Regarding Taylor Swift's recent case - that would be a good example of nominal damages; however, I definitely think you'd be better off using an Australian example.

Best of luck!

[madic]

Would it be okay to use examples of HC interpretation when discussing statutory interpretation? (Unit 3 AOS3, that is)
I just find myself wanting to use something like Brislan to describe the need for statutory interpretation.
Should I just be using non-Constitutional interpretation for this AOS though?