VCE Legal Studies Question Thread

[tcstudent]

I was having a talk with a few others today and I'm confused about arbitration in the Mag. Court now. Could someone just clarify whether arbitration IS compulsory if the claims are under $10,000 dollars in the Mag. Court. I was under the impression that it was at the magistrates' discretion to refer parties to compulsory arbitration, and that it's just a general practice done in order to save time and resources.

Unsure if arbitration is compulsory, does not say it anywhere in my text book, maybe clarify with megan as she has studied law. however all i've been told to be known is that matters heard in the magistrates court under $10,000 is then referred to arbitration to resolve.

[AbominableMowman]

For questions such as 'Critically evaluate the effectiveness of (insert topic)', how many points (i.e. strengths and weaknesses) would we need for an 8 mark and a 10 mark question?
thanks in advance

[michak]

For questions such as 'Critically evaluate the effectiveness of (insert topic)', how many points (i.e. strengths and weaknesses) would we need for an 8 mark and a 10 mark question?
thanks in advance

For an 8 mark question it depends how the examiners mark the question. To be safe I would do 4 of each because they could mark it as one strength/weakness equals one marl. However if they marked the question globally - as in how the piece goes together and how it is writtern - if you have written substantially on only 3 each you could also get 8 marks.

10 mark questions are different. If you just jumped straight in and wrote 5 strengths and 5 weaknesses you would not get the whole 10 marks. Examiners first want to see your contention as such - especially if it asks do you agree. In every answer you would want a small intro with your contention and a short conclusion. this questions are also looked at globally.

Hope that helps

[akeergar]

Yup, look at it this way, you are firstly stating, how rights are protected in Australia, our rights are not only protected by Express rights? we have implied and structural protection too, therefore you include these, and then go on and state how our rights differ to another country such as Canada,

Eg: In Australia when legislation has infringed a party's rights, the legislation only ruled invalid and you cannot acquire compensation in the same case, however you are able to gain compensation by initiating another case intending on getting compensation<< weakness

On the other hand, In Canada, when an individual's rights have been infringed due to legislation, not only is the certain act ruled invalid, but the party/individual is able to gain compensation in the same case, thus saving cost, and time.

hope this is good, im going to bring up a crap excuse and say i havent studied for legal since last monday due to english and further maths. getting into it tonight till the exam.

Only thing is the time restraints dude, I definitely like the way you've linked comparison and evaluation and I think I could have done that more effectively (crafted it way better than me, so your feedback is appreciated.) 

Yup, look at it this way, you are firstly stating, how rights are protected in Australia, our rights are

hope this is good, im going to bring up a crap excuse and say i havent studied for legal since last monday due to english and further maths. getting into it tonight till the exam.

granted excuse I have the same!

- I think your evaluation could be a little stronger. You make comments regarding effectiveness, but your opinion is a bit wishy-washy and repeating the question (at the start and end). If you could come up with an *actual* opinion on how effective you think Australia's protection is and why - one that related to the sims and diffs you did - that would make it come together much better.

- Going slightly harder on the eval in the body of the answer would be good, too... but you don't need to go crazy

100% agree I should of and definitely can go a lot harder on the evaluation bit. Reading it back i was definitely weak and my opinion is 'wishy-washy and repeating the question' like you said. Thanks for the feedback!

I think this is fantastic. Okay, not perfect - but really well-written and with great content.

argh two sets of very different feedback, I don't know how to feel!

[akeergar]

You would absolutely get marks for what you've said, as well - but since it doesn't ask for an overview of how Australia's Constitution protects rights first, before the comparison, you don't need to cover all aspects of our protection. In other words, saying we have one feature doesn't imply that we don't also have others. Requiring every student to cover every aspect would just be unwieldy! A comparison just means you need at least one similarity and at least one difference - but they can be anything, really.

Good point, would definitely take to long, thats why I generally chose express rights because it is a good point of comparison with plenty of discussion pts. I think the examiners were on dope for that question because you cannot expect three pages for a 8 marks!

[meganrobyn]

Unsure if arbitration is compulsory, does not say it anywhere in my text book, maybe clarify with megan as she has studied law. however all i've been told to be known is that matters heard in the magistrates court under $10,000 is then referred to arbitration to resolve.

Oh, we didn't really learn too much procedural detail in law school! And you forget everything anyway I just check the legislation or rules like anyone! http://www.austlii.edu.au/au/legis/vic/consol_act/mca1989214/s102.html

The legislation says 'must refer' UNLESS certain exceptions are met.

[vashappenin]

Hey guys,
How've we been going with practice exams for legal? Are you guys doing more full exams under timed conditions, taking them casually or just doing practice questions and a few exams here and there as well? Have you done the 2011 and 2012 VCAA exams as well? If not, when are you planning to get them done? If you have already done them, are you going to re-do them before the exam or do other exams instead?
Hope everyone's other exams are going well too

Bump. Anyone???

[michak]

Bump. Anyone???

Just from what I did the day before the exam carve out 3 to 4 hours of your day to first do last years exam in 2 hours. Then thoroughly mark your work and see how vcaa wants your answers to be like. If you are unsure of anything post your questions on here.
Going over and analysing examiners report are really beneficial as they tell you exactly what you are looking for and questions generally appear again just worded differently.

Good luck

[TheWackyCheese]

Hey guys, just wondering how much we will have to know about the VCAT divisions/lists? It doesn't say anything on the study design about them but I just want to be sure so I don't end up revising them if I don't need to or not revising them when I should be.

[eeps]

Hey guys, just wondering how much we will have to know about the VCAT divisions/lists? It doesn't say anything on the study design about them but I just want to be sure so I don't end up revising them if I don't need to or not revising them when I should be.

I don't think you need to know them from memory? In the previous study design, you would have needed an understanding of the different lists. But since the introduction of the new study design (2011 onwards), I don't think you need to (don't take my word for it though - see what others have to say).

[tcstudent]

''Listen to this man, he knows what his talking about'' still got them twelve angry men quotes sparking brah.

anyhow

man above me is right, since the introduction of the new study design, they took out the vcat lists, thus you do not need to know about them, furthermore if it aint in the study design, they cannot test you true?

[akeergar]

When a question talks about 'recent changes or recommendations for change to the legal system', how recent are they talking? My book gives pretty dated  changes and I read on one of the vcaa reports that they don't want examples like 'Koori Court in the Magistrates Court'. So I was thinking I would just do some research on changes... is it necessary or should the examples in my book be sufficient?

Thanks guys

[tcstudent]

When a question talks about 'recent changes or recommendations for change to the legal system', how recent are they talking? My book gives pretty dated  changes and I read on one of the vcaa reports that they don't want examples like 'Koori Court in the Magistrates Court'. So I was thinking I would just do some research on changes... is it necessary or should the examples in my book be sufficient?

Thanks guys

Nope, cannot be using the juries act 2000 LOL, must be recent change or recommendations, such as the recent recommendations of judges to direct/advise parties to go to mediation or arbitration to resolve their dispute after a reporting of a couple millions in legal fee's being saved by going to these alternative resolution methods. i use the criminal procedures act 2009-2010, but their are newer ones, such as the establishment of the KOORI COURT IN THE COUNTY COURT, establishment of the drug court< think they created this for tony m*kbel

[TheWackyCheese]

Thanks tcstudents and eeps for the replies
Furthermore, maybe a thread should be started where people can contribute recent changes and recommendations to be used in the exam?

[Flor]

When a question talks about 'recent changes or recommendations for change to the legal system', how recent are they talking? My book gives pretty dated  changes and I read on one of the vcaa reports that they don't want examples like 'Koori Court in the Magistrates Court'. So I was thinking I would just do some research on changes... is it necessary or should the examples in my book be sufficient?

Thanks guys

I'm pretty sure recent changes and recommendations includes a time frame of 5 years. Don't go beyond this.