VCE Legal Studies Question Thread

[clarke54321]

hey guys so the legal exam is in a few days and i just needed to clarify one thing.
textbooks say that it is the senates role to make laws. what does that mean? when making laws don't both houses bc it needs to pass both of them. haha just a little stuck

Hello!

Well yes, both houses work together to pass a law. Oftentimes, it will be the House of Representatives who'll initiate bills (given that government holds a majority here). A large part of the Senate's role in the law making process is to scrutinise, amend and review (though this can be limited for various reasons: voting on party lines, blocking bills for the sake of blocking if the opposition is dominant, etc).

If this isn't clear, please let me know

[pmmenotes]

Hey guys how do you do an analyse question? Im doing the 2013 paper and dont know how to approach it.
Question 12 (8 marks)
Using one successful referendum and one High Court case, analyse the impact of referendums and the High Court’s interpretation of the Commonwealth Constitution on the division of law-making powers.
 Thanks in advance!

[meganrobyn]

Analyse just means to make subjective arguments: big, small; good, bad; effective, ineffective; easy, hard; etc.

[lowkeyloco11]

Hi! Do we have know a case example eg abortion for the Victorian law reform commission ?

[accoleg]

Hi! Do we have know a case example eg abortion for the Victorian law reform commission ?

They won't expressly ask you for one, but given that contemporary examples are in the key skills for AOS 1 I think it'd definitely be beneficial, particularly if you get a 4+ mark question on the VLRC

[chantelle.salisbury]

may i just ask what vcaa means by 'recent examples'? within 5 years? more? less?

thankyou

[pmmenotes]

Within 5 years max

[chantelle.salisbury]

Within 5 years max

ok thankyou,...
and its it a necessity to be putting examples in the 10marker?

[cer0010]

Is the Commonwealth parliaments use of the Australian Bureau of Statistics for the same sex marriage survey a good example of parliament having resources?

[accoleg]

Quick point of clarification before tomorrow’s exam, whilst petitions are tabled in parliament by the relevant minister, is the relevant minister obliged to respond?

[clarke54321]

Quick point of clarification before tomorrow’s exam, whilst petitions are tabled in parliament by the relevant minister, is the relevant minister obliged to respond?

Hey!

Could you clarify what you mean in terms of "obliged to respond?" Do you mean are they compelled to present it before parliament?

[accoleg]

Hey!

Could you clarify what you mean in terms of "obliged to respond?" Do you mean are they compelled to present it before parliament?

According to my teach, obliged to respond, as in, obligated to send a reply to instigator of the petition

[clarke54321]

According to my teach, obliged to respond, as in, obligated to send a reply to instigator of the petition

Here is a good excerpt from the Parliament of Australia, which outlines the details of a petition and the dealings between the instigator and responsible member. https://www.aph.gov.au/Parliamentary_Business/Petitions/House_of_Representatives_Petitions

Although it's great to know, I wouldn't spend too much time obsessing over this fact. It is not critical to a discussion of petition proceedings, or an evaluation of it.

[badnboujee]

Hey! I’m slightly confused on what we must know for the last few study dot points including problems/difficulties faced by an individuals, recent changes and recommendations for change, elements of an effective legal system ?

[Ameliajanem]

Hey! I’m slightly confused on what we must know for the last few study dot points including problems/difficulties faced by an individuals, recent changes and recommendations for change, elements of an effective legal system ?

Basically - what are some difficulties faced by people when they try to access the legal system, and how do they relate to the 3 elements of an effective legal system (Fair and Unbiased Hearing, Effective Access to the Legal System and a Timely Resolution of Disputes) ? I have studied 3 problems and difficulties - the problems faced by Indigenous Australians that prevent them from achieving a fair and unbiased hearing eg racism, the cost of legal proceedings such as legal fees inhibiting effective access to the legal system and delays affecting a timely resolution of disputes. Following on from that, link each difficulty to a reform and recommendation for change that seeks to combat the problem (reforms having occured within the last 5 years MAX)

So for Indigenous Australians - the extension of the Koori Court to the County Court in 2013. A recommendation may be extending the Koori Court to the Supreme Court.
Cost of legal proceedings - Legal Aid changes in 2014 that aimed to allow the most vulnerable people in the Family Court to access legal representation at trials. A recommendation could be a public defenders scheme recommended by the VLRC.
Delays - The Jury Directions Act of 2013 that aimed to simplify judges directions to the jury to prevent delays. appeals and retrials. A recommendation could be the extension of court hours including breakfast courts, weekend courts and night courts, suggested by former Attorney General Rob Hulls.