HSC Legal Studies Question Thread

[TheFreeMarketeer]

Is it correct to argue that extraditions lack prima facie conflict the basis of "innocent until proven guilty"?

Or do they only propose to extradite because they already have a reasonable case against the accused?

I would've thought that prima facie would've been determined post-extradition where the crime actually took place.

Also, Question: Describe the role of the separation of powers in promoting and enforcing human rights in Australia (4)

[jamonwindeyer]

Is it correct to argue that extraditions lack prima facie conflict the basis of "innocent until proven guilty"?

Or do they only propose to extradite because they already have a reasonable case against the accused?

Hey! Extradition would ideally only occur if there was a charge to laid against the accused and there is a case against them - Though perhaps you can find a counter example, or a case when the accused was later found innocent? If you can find such a counter example, definitely use it, that would be a great argument to make

[jamonwindeyer]

Also, Question: Describe the role of the separation of powers in promoting and enforcing human rights in Australia (4)

You could, as part of your answer, simply say that the legislature creates laws (enacted by executive) that allow protection of human rights, and these laws are then applied by the judiciary. Further, it ensures actions of Legislature and Executive can be subject to judicial review, ensuring the rule of law can be upheld (thus protecting civil and political rights particularly)

[chelseam]

I don't do World Order but the UN has no binding impact on Australian lawmaking because of the notion of state sovereignty. Ultimately, the UN can influence with proposals, that Australia can either sign, or ratify, etc... but that's the extent of the UN's influence.

Thank you so much!!

[phebsh]

Heyy, regarding Family Law, the end of the syllabus requires us to learn 4 contemporary issues. For trials, should I focus on studying one of the issues, or is there a chance that the question will refer to one specific issue? Thanks!

[chelseam]

Heyy, regarding Family Law, the end of the syllabus requires us to learn 4 contemporary issues. For trials, should I focus on studying one of the issues, or is there a chance that the question will refer to one specific issue? Thanks!

Hey! Pretty sure (like 90% sure) they can specify so I think it's best to learn all!

[lucyjayne]

Heyy, regarding Family Law, the end of the syllabus requires us to learn 4 contemporary issues. For trials, should I focus on studying one of the issues, or is there a chance that the question will refer to one specific issue? Thanks!

Syllabus states that they must be studied unfortunately. 

[jamonwindeyer]

Heyy, regarding Family Law, the end of the syllabus requires us to learn 4 contemporary issues. For trials, should I focus on studying one of the issues, or is there a chance that the question will refer to one specific issue? Thanks!

And to add, highly likely you get one specified in the HSC (I actually don't think they will this year but they do it a lot so gotta be prepped for that likelihood )

[chelseam]

Hey! Just wondering if anyone knows the severity of punishments for manufacturing, supplying, possessing or using drugs, and why? I can't seem to find this explicitly outlined in any legislation so far but I remember seeing this in a MC question! Thank you

[rodero]

Hey! Just wondering if anyone knows the severity of punishments for manufacturing, supplying, possessing or using drugs, and why? I can't seem to find this explicitly outlined in any legislation so far but I remember seeing this in a MC question! Thank you

I don't know the specific legislation either. What exactly was the multiple choice question that asked for this? From what I know, the possession and use of drugs is mainly dealt with through rehab programs such as the Drug Court. However, the cultivation and supply of drugs is a much more serious offence - I would expect the punishment to be imprisonment? In terms of legislation, you could try the Crimes (Sentencing and Procedures) Act, but I can't guarantee anything

[chelseam]

I don't know the specific legislation either. What exactly was the multiple choice question that asked for this? From what I know, the possession and use of drugs is mainly dealt with through rehab programs such as the Drug Court. However, the cultivation and supply of drugs is a much more serious offence - I would expect the punishment to be imprisonment? In terms of legislation, you could try the Crimes (Sentencing and Procedures) Act, but I can't guarantee anything

Thank you so much!  I don't think I saved the question but if I do find it I'll definitely send it to you!

[chelseam]

I don't know the specific legislation either. What exactly was the multiple choice question that asked for this? From what I know, the possession and use of drugs is mainly dealt with through rehab programs such as the Drug Court. However, the cultivation and supply of drugs is a much more serious offence - I would expect the punishment to be imprisonment? In terms of legislation, you could try the Crimes (Sentencing and Procedures) Act, but I can't guarantee anything

So I think I found the Act for this! The Drug Court website mentions that an individual is not eligible if they're charged with certain offences that are punishable under Division 2 of the Drug Misuse and Trafficking Act 1985, and this includes possession, manufacture and cultivation 

[rodero]

So I think I found the Act for this! The Drug Court website mentions that an individual is not eligible if they're charged with certain offences that are punishable under Division 2 of the Drug Misuse and Trafficking Act 1985, and this includes possession, manufacture and cultivation 

That's great !

I just had a quick check on the Drug Misuse and Trafficking Act, and it seems about right. However, it seems strange that 'possession' would make a person ineligible for rehab in the Drug Court. Think about it... you would need to be in 'possession' of drugs in order to need drug rehab in the first place, right?

A quick skim over the act gave me a bit of an idea of what exactly 'possession' means. Under Division 2 of the act it says something about 'Traffickable quantity - possession taken to be for supply'. What i'd assume this means is if you possess a large amount of drugs, to the point where it's highly likely that you're distributing, then you wouldn't have access to the Drug Court. However, if you only possess small amounts, where it's clear you only intend to use drugs for personal use, you would probably be given rehab in the Drug Court.

Essentially, Division 2 of the act relates to 'indictable offences' only. So in essence, an individual is granted access to the Drug Court, except for cases where the person has commit an indictable offence (such as distribution, cultivation, possession in traffickable quantity)

[mattmuzz]

hello for my trial exam for legal our class has not finished all of world order and we have only done the first dot point which is the "nature of world order" and she said the essay question will be from this dot point. So what could be the essay question?

[paigek3]

hello for my trial exam for legal our class has not finished all of world order and we have only done the first dot point which is the "nature of world order" and she said the essay question will be from this dot point. So what could be the essay question?

It really could come from anything, it could even come from the learn to dot points such as "outline the evolving nature of world order" "describe the need for world order" "explain the implications of the nature of conflict on achieving world order" maybe plan how you would respond to these questions and just really memorise the context under each of the other dot points with examples for each so you're able to answer any question asked