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March 29, 2024, 11:45:14 pm

Author Topic: VCE Legal Studies Question Thread  (Read 596510 times)  Share 

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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #1530 on: April 21, 2015, 09:41:37 pm »
0
Ok, I will be nit-picky - because what better thing to do at 12:42 LOL

1. I think you should explain how exclusive powers operate.

You should make it clear that a power is assumed to be concurrent unless a specific section forbids the state from exercising, and hence make it an exclusive power. You kind of say this but it's not very clear.


And if you wanted to be super-picky ;) you would note that this is only one way in which exclusive powers are constructed (concurrent + restriction); ss52 and 90 have expressly exclusive powers, and some are found to be exclusive through interpretation only.

I wouldn't say that exclusive powers are found in s51 because it's a bit misleading: s51 is by default concurrent.
[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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Alter

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Re: VCE Legal Studies Question Thread
« Reply #1531 on: April 22, 2015, 07:08:08 pm »
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How would the marks be allocated for a question like this?
I'd probably say 2 marks each per one of the the three different types of powers (1 for explaining what it is, another 1 for example), adding up the 6 overall. You'd also need to actually distinguish between each of them (what's different) in order to ensure these makes are earned because of the wording of the question.

Edit @ below: It's impossible to distinguish them without explaining what they are...
« Last Edit: April 25, 2015, 06:38:08 pm by Alter »
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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #1532 on: April 25, 2015, 06:11:48 pm »
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I'd probably say 2 marks each per one of the the three different types of powers (1 for explaining what it is, another 1 for example), adding up the 6 overall. You'd also need to actually distinguish between each of them (what's different) in order to ensure these makes are earned because of the wording of the question.

Since the task word is essentially 'distinguish', you wouldn't be getting marks allocated to the definitions per se - the marks would be based around the differences identified, with obviously the quality of your detail (from the definitions) being taken into account. The exact mark allocation here is a bit subjective; I'd say a portion of it would definitely be global.
[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!

The Brightest Witch

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Re: VCE Legal Studies Question Thread
« Reply #1533 on: May 01, 2015, 06:18:25 pm »
+1
How would you answer "Are the law making powers of the Commonwealth parliament more effectively (gotta conclude one is better) changed by referendum or by the states referring (these are the 2 things we have to talk about) their powers to the Commonwealth? Justify (I'd say most marks come from here) your answer." (6 marks)

I'd choose the States referring their power, then kind of do a quick evaluation of each, where I'd go strength-weakness-strength for States, and conclude that it would be effective, and strength-weakness-weakness for referendums and conclude that it'd be less effective.

That's like a 'point' for each mark, each point directly contributing to justifying my conclusion which directly answers the question :)
« Last Edit: May 01, 2015, 06:21:08 pm by The Brightest Witch »
VCE: English, Health, Legal, Psych, Further, Chem
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Guys I only doubled with Arts because I couldn't let go of Psych and wanted to keep doing it as a major at least, but I took International Studies on a whim after the info session just because I needed a minor, and I love it so much! It's 3:29am and I had to share this, I think I'm majoring in it bye.

iClinton

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Re: VCE Legal Studies Question Thread
« Reply #1534 on: May 04, 2015, 12:52:08 am »
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Is entrenched bill of right and entrenched right the same thing ?

The Brightest Witch

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Re: VCE Legal Studies Question Thread
« Reply #1535 on: May 04, 2015, 04:57:15 pm »
+2
Is entrenched bill of right and entrenched right the same thing ?

A bill of rights is basically a list of rights, while a right is just a right by itself, so that's the difference between them. Either can be entrenched, so a bill of rights is an entrenched list of rights (like the US), while an entrenched right is just like a single right that is entrenched (like the 5 that we have in the Constitution).

With the word entrenched as well, when something is entrenched, it technically means that it's made so it's really hard to amend (like the rights in our Constitution obviously). BUT, in Legal, heaps of teachers use it loosely to also just mean the same as embedded. I haven't come across specific trouble with that, but I remember being confused about it in the beginning, so thought I'd mention it here (one of my Legal notes said that rights can be entrenched into statues, and that the Constitution was an example of this, and a teacher told me that it means yes, rights can be entrenched into other statutes as well, and that was where the confusion about the meaning started. I ended up decided it was too confusing, and I could always get away with never knowing how I'm meant to use it by being vague in my answers, haha).
VCE: English, Health, Legal, Psych, Further, Chem
2015: Arts/Law @ Monash

Guys I only doubled with Arts because I couldn't let go of Psych and wanted to keep doing it as a major at least, but I took International Studies on a whim after the info session just because I needed a minor, and I love it so much! It's 3:29am and I had to share this, I think I'm majoring in it bye.

clarke54321

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Re: VCE Legal Studies Question Thread
« Reply #1536 on: May 04, 2015, 06:27:25 pm »
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Can someone please help with answering this:

How do Victoria's sentencing laws balance the rights of serious offenders with the need to protect the lives of all citizens?
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iClinton

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Re: VCE Legal Studies Question Thread
« Reply #1537 on: May 06, 2015, 08:44:04 pm »
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Can someone please help with answering this:

How do Victoria's sentencing laws balance the rights of serious offenders with the need to protect the lives of all citizens?
Thanks so much

Also need an answer to this question ASAP:
For enforcement of rights in Australia, does Australia have two approaches or three ?
Currently doing U3O2 SAC tomorrow, and doing Australia + South Africa
South Africa has the interpretive approach
And i KNOW that Australia has Watchdog and complaints based approach but not sure about intepretive

clarke54321

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Re: VCE Legal Studies Question Thread
« Reply #1538 on: June 20, 2015, 01:59:41 pm »
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On what grounds would parliament create a statute to override an existing precedent?
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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #1539 on: June 20, 2015, 07:03:44 pm »
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On what grounds would parliament create a statute to override an existing precedent?

Honestly, just if they didn't like the precedent enough! Especially if they could score some political points by overriding it. Look at the Rape in Marriage case, and what Howard was trying to do with the definition of 'man' and 'woman' for the purposes of marriage after the Kevin and Jennifer case.
[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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The Brightest Witch

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Re: VCE Legal Studies Question Thread
« Reply #1540 on: June 20, 2015, 08:32:15 pm »
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Honestly, just if they didn't like the precedent enough! Especially if they could score some political points by overriding it. Look at the Rape in Marriage case, and what Howard was trying to do with the definition of 'man' and 'woman' for the purposes of marriage after the Kevin and Jennifer case.

Pretty much. I've never seen a question like this, but if it surprised me in a SAC/exam and I wanted to have some solid points, then depending on the marks and which one I felt like I could quickly explain that that, I'd go with:

1. the precedent leads to an unjust outcome
2. the precedent does not reflect the values of the people
3. the precedent is outdated.

Kevin and Jennifer fits into 2, and something like that case with owners being responsible for their cattle would fit into 2 :)
VCE: English, Health, Legal, Psych, Further, Chem
2015: Arts/Law @ Monash

Guys I only doubled with Arts because I couldn't let go of Psych and wanted to keep doing it as a major at least, but I took International Studies on a whim after the info session just because I needed a minor, and I love it so much! It's 3:29am and I had to share this, I think I'm majoring in it bye.

The Brightest Witch

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Re: VCE Legal Studies Question Thread
« Reply #1541 on: June 20, 2015, 08:36:36 pm »
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For enforcement of rights in Australia, does Australia have two approaches or three ?
Currently doing U3O2 SAC tomorrow, and doing Australia + South Africa
South Africa has the interpretive approach
And i KNOW that Australia has Watchdog and complaints based approach but not sure about intepretive

Don't know if you still need this clarified, but my teacher always told us that Australia didn't have watchdog, only interpretive and complaints-based, which makes sense if you think about the whole case having to come before the High Court for them to interpret Constitution thing.

I'd ask your teacher if you think that's wrong so you know for the exam, but my technique when it comes to really unclear things is to avoid talking about them if I can, which you could do carefully in huge questions like comparing to SA :)
VCE: English, Health, Legal, Psych, Further, Chem
2015: Arts/Law @ Monash

Guys I only doubled with Arts because I couldn't let go of Psych and wanted to keep doing it as a major at least, but I took International Studies on a whim after the info session just because I needed a minor, and I love it so much! It's 3:29am and I had to share this, I think I'm majoring in it bye.

clarke54321

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Re: VCE Legal Studies Question Thread
« Reply #1542 on: June 20, 2015, 09:17:52 pm »
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Pretty much. I've never seen a question like this, but if it surprised me in a SAC/exam and I wanted to have some solid points, then depending on the marks and which one I felt like I could quickly explain that that, I'd go with:

1. the precedent leads to an unjust outcome
2. the precedent does not reflect the values of the people
3. the precedent is outdated.

Kevin and Jennifer fits into 2, and something like that case with owners being responsible for their cattle would fit into 2 :)

Thanks very much
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iClinton

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Re: VCE Legal Studies Question Thread
« Reply #1543 on: June 20, 2015, 10:25:45 pm »
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Quick Question -
The courts can hear all types of cases, both criminal and civil. They are not limited by any legislation which specifies the types of disputes that can be heard.

That is directly from my textbook.
But arent there Acts to set out the jurisdiction of courts so isnt that statement above false ?

meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #1544 on: June 22, 2015, 01:08:51 pm »
+1
Thanks so much

Also need an answer to this question ASAP:
For enforcement of rights in Australia, does Australia have two approaches or three ?
Currently doing U3O2 SAC tomorrow, and doing Australia + South Africa
South Africa has the interpretive approach
And i KNOW that Australia has Watchdog and complaints based approach but not sure about intepretive

If you're talking about constitutional rights (the ones on the Study Design) then we just have a complaints-based approach. We don't require courts to interpret other legislation in line with constitutional rights, and we don't have a watchdog bringing constitutional questions on behalf of society.
[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!