Legal Studies is a really awesome subject for a wealth of reasons. It gets you up to date with the current socio-political and legal happenings of Australia and the world. It informs you about your inherent rights as a human and Australian citizen. Perhaps most importantly of all, it develops your ability to formulate and re-enforce an argument. This is an absolutely vital trait for almost all avenues of future employment. Being able to stand your ground and argue a point is a fantastic addition to your skill set. That said, Legal Studies is a tough subject. Although the content may not be realistically difficult to understand, like it might be for the sciences, there is a heap to remember. Developing an argument Is tough. There are lots of Legal Studies mistakes that many students make, perhaps without even realising it. These mistakes can very realistically be the difference between a Band 5 and a Band 6, an 89 and a 90. Here are 7 Legal studies mistakes that students make, from a state ranker who learnt the hard way.
1: Not Watching the News
One of the first pieces of homework I ever received for Legal Studies in the HSC perplexed me at first. Watch the news, pick a legal issue, write a paragraph. Why the hell was this relevant? Who cares, no writing essays for me. A little confused, I obliged. I wrote something about the Thomas Kelly King Hit Trial, which from memory had just finished.
I used this case in every Crime essay in an exam situation, including half yearlies, Trials and the HSC.
Not being up to date with current events is one of the biggest Legal Studies mistakes you can make, but also the easiest to fix. Spending 10 minutes watching the news does absolute wonders, because it arms you with contemporary, relevant case studies to include in your responses. A case study from the last few months is an extremely impressive inclusion for any essay. It shows that you are committed to providing your own examples and engaging with the issue, it adds a further element of sophistication to your writing.
I even read the news on the morning of my Legal Studies exam. I found an article that was either, forgive my poor memory, on the Russia/Ukraine dispute, or discussion of a new sanction against North Korea by NATO. I used it in my essay that day. It doesn’t get more contemporary than that.
This is a super easy Legal studies mistake to fix. Watch the news, read the paper, be aware of your surroundings. Start a list of links, jot down dot points to include in your notes. You’ll never run out of case studies again.
2: Putting Content in the Wrong Essay
There being so many essays to write in the Legal Studies exam, it can be hard to know what goes where. Putting irrelevant content in your response is a common Legal Studies mistake. There Is lots of crossover in the syllabus. Common culprits include:
Mixing up Responses to International Crime and Responses to Human Rights (this is a huge one)
Mixing up Young Offenders and the Care and Protection of Children
Mixing up World Order and Human Rights and International Crime
It is vital to know your syllabus inside and out, and make sure you include the right stuff in the right spots. While a discussion of the effectiveness of the ICESCR is great, it is not appropriate for an essay on transnational crime, and will only waste valuable time. Don’t make that mistake.
3: (The Biggest of all Legal Studies Mistakes) Not Developing an Argument
This is, without a doubt, the most important thing to get right to achieve in Legal Studies.
As I mentioned earlier, Legal Studies is about making an argument. Making your judgement about the topic in question. Analysing the issues. A huge and super common Legal Studies mistake is what I like to call (I like to coin my own terms), content vomiting.
You must not simply regurgitate everything you know about a topic in an essay. The marker does not care about the details of how the jury system works, or the exact steps to the enforcement of an international treaty as domestic law, or a list of all the human rights in the UDHR.
They want analysis and judgement of the legal frameworks in place in our society. How effective is the jury system? Does it protect the rights of offenders, victims and society? How efficient is the three-step ratification process we employ as a dualist legal system? How enforceable is the UDHR?
Notice that all of these adjectives imply that you are making a judgement and developing an analysis. You are analysing the legal system and saying, is it good? Is it bad? Is it somewhere in between? What role does everything play?
The biggest Legal studies mistake is not making these judgements and/or analysis, and thus, not developing a central argument effectively. It is impossible to achieve at the highest level in Legal without mastering this skill. If you want my tips for putting together an effective argument in Legal Studies, check out this resource!
4: Not Referencing Laws/Cases Correctly
This Legal Studies mistake is a little smaller, very easy to fix, but it makes a big difference as to how the marker views your work. You must be referencing your cases, media articles and laws in the appropriate manner:
Domestic laws such as the Criminal Code (Trafficking in Persons) Amendment Act 2005 (Cth.) are an effective mechanism for the enforcement of human rights.
The case of R v Singh (2012), and corresponding media coverage (EG – “This headline is totally a placeholder.” (Sydney Morning Herald, February 31st 2099) demonstrates the extremely divisive nature of the partial defence of provocation.
Referencing laws appropriately is an easy way to convince the marker you know your stuff. It raises the level of sophistication of your writing. And it is not that hard. Note that, from my experience, you can be a little more lenient with your media article references than what I was above. Just be sure to include where the article came from.
5: Doing the Exam in Order
As far as Legal Studies mistakes go, this is another really easy one to fix. You have a lot to do in 3 hours. Multiple choice, short answer, and 3 essays. That’s a hell of a lot of writing.
I highly recommend doing the Multiple Choice in the middle of your exam, to give your hand a break from all the writing in the other sections. You can be writing, potentially, around 3500-4000 words in 3 hours. Multiple choice is the perfect chance to refresh, recharge, and shake the cramp out of your hand ready for Round 2. The order besides this is more of a personal preference. I did short answers, crime essay, multiple choice, and then the electives J
6: Making Essays Personal
I feel it important to mention this Legal Studies mistake after talking about making your judgement. While you want to give your personal, unique analysis on the issues, you do not want to make it personal.
Let’s face it, we write about some pretty divisive and hard hitting subjects in Legal. Young offenders, refugees, domestic violence, same-sex relationships, the list goes on.
A Legal Studies essay is not the time to voice your personal opinions on these issues. It is the time for objective analysis of the effectiveness of the frameworks. By all means, your essay can reflect your personal opinion, but don’t preach it.
An essay arguing that legal procedures for the recognition of same sex relationships are lagging behind contemporary social views, backed up by evidence, totally cool! An essay going on a rampage against public figures and legal frameworks, with no evidence to back it up, has drifted into personal territory and will stand out like a sore thumb.
Be objective. Back up all your arguments. Analyse the frameworks based on the evidence.
7: Not Responding to the Verb
And finally, something I struggled with quite a bit. Be familiar with the requirements of the key verbs used by BOSTES, and be sure to address them in the right way. For example, if an essay asks you to assess, you must craft your argument around an evaluation of the mechanisms you are being asked to discuss. Miss it, and you miss the point of the question.
Since most essay questions will require either analysis or assessment, the way you write the essay won’t be drastically changed. However, verbs can manifest in the short answer section and lead to a big Legal Studies mistake. Writing too much for the low mark questions.
You do not need to write a page for a 2-mark question. Hell, if it is an identify question, use dot points! It took me ages to get the hang of writing only enough to answer the question, but it is a vital skill to make the best use of your time in the exam. Follow the guidelines for the space, and use it efficiently. Don’t fill an explain question with descriptions. Equally, don’t waste time explaining things in a describe question.
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These are 7 common Legal Studies mistakes. If you have any questions, feel free to stop by our Legal Studies Threads! We have Q+A threads, essay marking, and heaps of awesome resources to help you achieve at your best!
