VCE Legal Studies Question Thread

[Mikaylahutchins]

Do we need to know each stage of pleadings or just pleadings as a whole?
I know the general purpose of pleadings as well as the writ and statement of claim, is that enough?

[AmericanBeauty]

Do we need to know each stage of pleadings or just pleadings as a whole?
I know the general purpose of pleadings as well as the writ and statement of claim, is that enough?

I'm starting on that (starting study now)

You have to know Pleadings, including the writ, statement of claim, statement of defence and something else i cant remember.

[AmericanBeauty]

Do we need to know each stage of pleadings or just pleadings as a whole?
I know the general purpose of pleadings as well as the writ and statement of claim, is that enough?

I'm starting on that (starting study now)

You have to know Pleadings, including the writ, statement of claim, statement of defence and notice of appearance.

[meganrobyn]

Do we need to know each stage of pleadings or just pleadings as a whole?
I know the general purpose of pleadings as well as the writ and statement of claim, is that enough?

Honestly, it's difficult to know for sure because the Study Design doesn't specify, and it's been years since pleadings has been on the exam (ie longer than the current SD and Chief Assessor) so we can't look to a recent Report for guidance.

I think it's safer to know basically what each of the stages is. Not enough so you could literally represent someone in a civil lawsuit, but enough so you could say what each is for.

[Shanae1997]

Would anyone be able to tell me if I am able to still refer to the Koori County Court as a recent change to improve the effectiveness of the legal system as it was recently expanded to the Melbourne magistrates court in 2013?

Also is it okay to use the example of abolishing suspended sentences as a recent change to enhance fairness?

[aqple]

Does anyone know if marks can be lost for not having paragraphs? I tend to avoid using paragraph breaks because I don't want to take up writing space (and have to write in the extra space), with the exception of the 8 and 10 mark questions of course!

[connie990]

Does anyone know if marks can be lost for not having paragraphs? I tend to avoid using paragraph breaks because I don't want to take up writing space (and have to write in the extra space), with the exception of the 8 and 10 mark questions of course!

I think by having paragraphs it just makes your answer easier to read, making it easier for the examiner to find where the marks are at. But yeah I'm not really sure, I would like to know this answer too.

[findingthetruth]

Does anyone know if marks can be lost for not having paragraphs? I tend to avoid using paragraph breaks because I don't want to take up writing space (and have to write in the extra space), with the exception of the 8 and 10 mark questions of course!

Have the best of both.  Write paragraphs with indents.

[meganrobyn]

Would anyone be able to tell me if I am able to still refer to the Koori County Court as a recent change to improve the effectiveness of the legal system as it was recently expanded to the Melbourne magistrates court in 2013?

Also is it okay to use the example of abolishing suspended sentences as a recent change to enhance fairness?

Koori County Court is too old. Why not just use the expansion of the Koori Court?

Also, I think that the suspended sentences change is an example of a change to a specific law more than a change to the legal system as a whole, in terms of its operation. Try not to be too narrow.

[meganrobyn]

Does anyone know if marks can be lost for not having paragraphs? I tend to avoid using paragraph breaks because I don't want to take up writing space (and have to write in the extra space), with the exception of the 8 and 10 mark questions of course!

You don't "lose marks" per se - Legal doesn't negatively mark: it gives marks rather than takes them off. But paragraphs are one good way to organise your material and make it easier to read. Doesn't mean you need to leave a whole line, though - indents are good. And there are other ways, such as signposting new sections with your wording. Just make it user-friendly and you should be on the right track.

[Politics]

I'm a little bit confused on a point, any help would be appreciated

The 2013 examination report states
" many argued that mediation and conciliation are ‘not legally binding’, without making the point that in most (if
not all) situations, the parties will normally sign an agreement, upon an outcome being reached, which binds them to
what they have agreed on (and that could be enforced in court if not complied with)"

However, in my textbook it says that although they signed agreements and they can be used in court, they are not ACTUALLY legally binding
and my teacher seconded this, can anyone clarify this?

[meganrobyn]

I guess in part it depends on how you're thinking of 'legally binding'. A private contract isn't legally binding in exactly the same way that a court order is, because you need to sue the other party for breach of contract and then actually prove in court that they did breach; then, even if you win, the court won't necessarily order the other party to simply fulfill the contract. Sometimes different orders are made. Court judgments are less fraught and ambiguous than this - contracts are still 'legally binding', though: just in a different way.

If the non-judicial resolution is conducted through a court pre-trial or pre-judgment process (eg mediation ordered at a directions hearing), however, a court order will be generally drawn up confirming that settlement. As in, the judge can authorise the agreement.

So, yeah, non-judicial resolution is almost always enforceable against the other party. Trust the Chief Assessor

[connie990]

Can someone please tell me if it's worth knowing the structure of VCAT? Because the study design does specifically say the 'role of VCAT'...

Thanks 

[drmockingbird]

Can someone please tell me if it's worth knowing the structure of VCAT? Because the study design does specifically say the 'role of VCAT'...

Thanks 

I haven't read the study design recently enough and I can't remember it from last year, but if it's assessable, you should have a decent knowledge of it. Check the study design to see if it ever mentions this.

obv don't spend too much time on this if it is in there though, I can't remember it ever being assessed

[meganrobyn]

Can someone please tell me if it's worth knowing the structure of VCAT? Because the study design does specifically say the 'role of VCAT'...

Thanks 

The SD doesn't explicitly say the 'structure' of VCAT, but - basics of the structure are important in understanding the appeal avenues and the use of methods of dispute resolution (amongst other things). Therefore, insofar as the structure relates to these kinds of things, I think a general understanding is good to have.