VCE Legal Studies Question Thread

[M_BONG]

I just found the biggest gap in my knowlege to be in regards to civil pre-trial procedures. I'm trying to fill it but finding that even though there's only like 3 we have to remember, each one (especially pleadings) go into tedious detail about the documents and all the stages involved. Don't get me wrong I want to understand each process properly but I'm finding it's just too much  info, any help?

If you want to be a top student you just have to know them!

But study design only specifies pleadings, discovery and directions hearing stage. So I highly doubt the exam is going to ask "define a writ" etc. So if you're struggling, I would suggest learning one pre-trial procedure from each of those three stages so you can use them as example. You don't need to know every single document in civil pre-trial procedure.


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EDIT

I have two questions.
Identify errors in the following scenario

"Mary is suing her employer for $35,000 for breach of contract. Her case is to be heard in the County Court etc.." TSSM 2013.

According to the solution, one error is the case will not be heard in the County Court. I was always taught by my teacher that County Court has unlimited jurisdiction (ie. $0.05 to unlimited NOT $100,000 and beyond. Thus, a case with value of $35,000 should be able to be heard at the County Crt?. Clarification please?\


Also, if a question asks you to "Discuss how the aims of criminal sanction are achieved through imprisonment" (worth 5 marks)
Do you have to go through all five aims of sanctions (ie. deter, protect, punish etc.) and go through how imprisonment helps achieve all five aims? Or can you choose only two or three and focus on them? Basically in questions where the number of points are not specified, would you explain in detail more or would you list all the points you know about the feature, without much explanation?

[akeergar]

If you want to be a top student you just have to know them!

ahha yeah I guess your right

[meganrobyn]

ahha yeah I guess your right

But be smart about it - look at the marks they usually allocate. Usually it's 1-2 marks for content and 1 mark for purpose.

[meganrobyn]

Identify errors in the following scenario

"Mary is suing her employer for $35,000 for breach of contract. Her case is to be heard in the County Court etc.." TSSM 2013.

According to the solution, one error is the case will not be heard in the County Court. I was always taught by my teacher that County Court has unlimited jurisdiction (ie. $0.05 to unlimited NOT $100,000 and beyond. Thus, a case with value of $35,000 should be able to be heard at the County Crt?. Clarification please?\


Also, if a question asks you to "Discuss how the aims of criminal sanction are achieved through imprisonment" (worth 5 marks)
Do you have to go through all five aims of sanctions (ie. deter, protect, punish etc.) and go through how imprisonment helps achieve all five aims? Or can you choose only two or three and focus on them? Basically in questions where the number of points are not specified, would you explain in detail more or would you list all the points you know about the feature, without much explanation?

In my opinion it wouldn't technically be *wrong* - but it would be most likely to be heard in the MC. So you could use "most likely" as the error.

With those open-ended questions, be guided by the mark allocation. 5 marks is HUGE for that - I'd be more happy with 3 marks. But for 5 marks I'd do all five, personally.

[akeergar]

I have endless ways in which civil pre-trial procedures hinder effective access to justice but I can't think of many ways that they prompt access to justice....

I tried to get creative and all I came up with was that by informing the parties of all relevant information and giving them reasonable time to prepare their case, civil pre-trial procedures ensure that the parties feel confident that all meaningful steps have been taken to give both parties the opportunity to have control over the proceedings of their case. In consequence, allowing the parties to be informed, confident and in control prompts greater access to justice.....
 

[akeergar]

But be smart about it

Yeah i noticed that a lot of the exam questions focus more on purpose and effectiveness than actual procedure or the nuances of each stage.

[meganrobyn]

I have endless ways in which civil pre-trial procedures hinder effective access to justice but I can't think of many ways that they prompt access to justice....

I tried to get creative and all I came up with was that by informing the parties of all relevant information and giving them reasonable time to prepare their case, civil pre-trial procedures ensure that the parties feel confident that all meaningful steps have been taken to give both parties the opportunity to have control over the proceedings of their case. In consequence, allowing the parties to be informed, confident and in control prompts greater access to justice.....
 

How is that creative? Sounds totally legit to me Prepare for trial; prepare a timetable; prepare cross-examination and rebuttal evidence; possibly settle based on the strength of the opposition; settle some issues pre-trial. All sounds fine!

[akeergar]

How is that creative? Sounds totally legit to me

wait so it's okay 

[90+FTW]

I'm aiming for the 40s. I've worked so hard on it this year, I'd be disappointed in myself if I didn't achieve the goal.

[vashappenin]

When doing 8-10 mark questions do you always need to have an introduction? especially with 'evaluate' questions.. e.g. Evaluate the way courts and VCAT operate to resolve disputes [8 marks]. Can I just go straight into evaluating or should I have some sort of introduction? I will have some sort of conclusion at the end though, just wondering about an introduction as well..

[M_BONG]

When doing 8-10 mark questions do you always need to have an introduction? especially with 'evaluate' questions.. e.g. Evaluate the way courts and VCAT operate to resolve disputes [8 marks]. Can I just go straight into evaluating or should I have some sort of introduction? I will have some sort of conclusion at the end though, just wondering about an introduction as well..

it's up to you.

but i always start with intro; topic sentence (with opinion) which is 2-3 sentences only.
then body paragraphs, then short conclusion.

some teachers will take marks off for no clear opinion at the start, though.

[LucySanderson6]

Does anyone know where we can get trial exam papers other than from vcaa and engage education? Thanks

[M_BONG]

Does anyone know where we can get trial exam papers other than from vcaa and engage education? Thanks

your school library or your teacher are the only places i can think of, to obtain them legally.

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i have a question. When discussing factors influencing composition of juries, do we treat "excused, disqualified and inelgiible as one single factor , or three separate factors? also, are peremptory and challenge for cause considered legitimate factors, as per the VCAA study design?

[jeanweasley]

i have a question. When discussing factors influencing composition of juries, do we treat "excused, disqualified and inelgiible as one single factor , or three separate factors? also, are peremptory and challenge for cause considered legitimate factors, as per the VCAA study design?

Yes, for the first part of your question as far as I'm concerned. For the second part, I don't know what you mean by 'legitimate factors' but I'm pretty sure that you need to know them and that, yes, when empanelling the jury, that challenges for a cause and preremptory challenges can occur during this stage.

[maturegambino]

how do examiners treat extended response answers that say, for instance, the jury system is outdated and should be abolished?

do they frown upon negative opinions towards the legal system, and prefer either positive or neutral opinions?