VCE Legal Studies Question Thread

[vashappenin]

Does anyone have an accurate list of what the different task words mean?

[mdotwillo]

Does anyone have a quality binding precedent up their sleeve?

I'm too scared to use Grant v. AKM / Donoghue v. Stevenson given how contentious the whole thing is with the privy council, UK and AUS court hierarchy being united (in some circumstances) and what not.

What I was thinking of saying (if the question requires me to) is that Grant v. AKM is binding on inferior courts in the Victorian hierarchy (where the material facts are similar)  ever since 1986 (passing of the Australia Act)...

Any ideas? Any input will be much appreciated (Megan preferably)

[meganrobyn]

Does anyone have a quality binding precedent up their sleeve?

I'm too scared to use Grant v. AKM / Donoghue v. Stevenson given how contentious the whole thing is with the privy council, UK and AUS court hierarchy being united (in some circumstances) and what not.

What I was thinking of saying (if the question requires me to) is that Grant v. AKM is binding on inferior courts in the Victorian hierarchy (where the material facts are similar)  ever since 1986 (passing of the Australia Act)...

Any ideas? Any input will be much appreciated (Megan preferably)

Ha!

Yeah, it *shouldn't* be contentious, because Aus and UK were part of the same hierarchy for state cases until 1986... but I know what you mean that there are some misunderstandings floating around out there.

If you want to be 100% safe, I think use Grant for Vic cases with similar material facts and don't even mention the Australia Acts - because they're irrelevant to that scenario anyway, given Grant WAS an Australian case.

[AbominableMowman]

Are we always required to fill in the lines when doing VCAA papers? because I've noticed that the amount of lines given per question are sometimes inconsistent (e.g. in the same paper, a question worth 6 marks is given 18 lines, but in another question worth the same amount of marks is given more than 25 lines)

[michak]

Are we always required to fill in the lines when doing VCAA papers? because I've noticed that the amount of lines given per question are sometimes inconsistent (e.g. in the same paper, a question worth 6 marks is given 18 lines, but in another question worth the same amount of marks is given more than 25 lines)

nah don't worry about the lines considering some people write really small and others big. as long as you have written everything you think you need to you will be fine!

[Colokid]

how many recent or recommended changes to the legal system do we need to know? also do we need to know what private members bills are?

[akeergar]

cheers tcstudent, Flor

[tcstudent]

how many recent or recommended changes to the legal system do we need to know? also do we need to know what private members bills are?

okay, you need to know

recent or recommended changes for the adversarial system. Eg-give the judge a greater investigative role

recent or recommended changes for the jury system. Eg- replace ordinary jurors with either specialist jurors or judges

recent or recommended changes courts for criminal procedure, establishment of the koori court in the county court, NOT THE MAGISTRATES COURT LOL

recent or recommended changes for civil procedure- INCREASED USE OF ALTERNATIVE DISPUTE RESOLUTION

no you do not need to know private member bills, if you are unsure of what may or may not be on the exam, read the study design.

[Colokid]

okay, you need to know

recent or recommended changes for the adversarial system. Eg-give the judge a greater investigative role

recent or recommended changes for the jury system. Eg- replace ordinary jurors with either specialist jurors or judges

recent or recommended changes courts for criminal procedure, establishment of the koori court in the county court, NOT THE MAGISTRATES COURT LOL

recent or recommended changes for civil procedure- INCREASED USE OF ALTERNATIVE DISPUTE RESOLUTION

no you do not need to know private member bills, if you are unsure of what may or may not be on the exam, read the study design.

thanks

[vashappenin]

When asked to discuss/explain a civil/criminal pre-trial procedure to use in a case (or something along those lines), do we discuss the broad topic, eg. pleadings, discoveries, or discuss specific examples of them, such as writs, interrogatories, etc.? My teacher said ALWAYS discuss specific types and mention that they are a type of pleading, etc. but I just wanted to confirm because I instinctively think of discussing the broader topic of pleadings, etc. How do we go about these questions?

Maybe someone can help me by telling me how you'd answer this: Explain the civil pre-trial procedures that would occur before this case goes to trial (6 marks)

[vashappenin]

Also, I did a question: Explain the operation of the doctrine of precedent [8 marks] and this is what I talked about:
- Para 1: Define/explain what DoP actually means
- Para 2: Explain Stare decisis
- Para 3: Explain Binding precedent
- Para 4: Explain persuasive precedent
- Para 5: Judge can avoid or develop new precedent through methods including reversing, overruling, distinguishing or disapproving (RODD). Then go on to explain any one, e.g. reversing, in detail.

My teacher gave me a 7 and said to develop the 5th para more by talking about other aspects of RODD in detail, such as distinguishing.. What i wanted to know is whenever talking about RODD do we need to discuss every aspect in detail or is it ok to list them and then discuss only a few in detail? If we only discuss a few, how many? I'm talking about for questions such as this one where you don't only focus on RODD but still need to include it  in some detail, or if we discuss RODD as a weakness of the doctrine of precedent. Because talking about all 4 takes up too much space so I generally list them all and then talk about 1 in detail.

Thanks!

[akeergar]

I'm talking about for questions such as this one where you don't only focus on RODD but still need to include it  in some detail, or if we discuss RODD as a weakness of the doctrine of precedent. Because talking about all 4 takes up too much space so I generally list them all and then talk about 1 in detail.

Thanks!

I lost marks on my SAC for doing the same thing so just to be safe I always give just a brief 1/2 sentence  explaining the key points of each method.

Thats what I think but I'm not 100% sure, see what others think..

[vashappenin]

And one more question! When asked which court will hear something, do we state the court only or whether it's a civil or criminal as well? My teacher said if I didn't state the division: civil/criminal I'd get no marks from vcaa...

[werdna]

And one more question! When asked which court will hear something, do we state the court only or whether it's a civil or criminal as well? My teacher said if I didn't state the division: civil/criminal I'd get no marks from vcaa...

Your teacher is sorta right, it's always good to be more precise, but I doubt you'd get NO marks from VCAA...

Usually the question will have a bit of context to it. Eg. armed robbery, murder etc. So when writing up your answer, it doesn't hurt to relate back to the case/example/question and mention civil/criminal to be more precise.

[tcstudent]

Hello, i always suck at writing these questions, im unsure to state strengths/weaknesses of each or do something else

Question: Describe how courts and parliament make law. discuss two difference between the law making processes of courts and parliament-10 marks vcaa 2003 or 2004

can i get a breakdown of what to include into this question.