VCE Legal Studies Question Thread

[meganrobyn]

Thank youuu!

Also: What's the diff between a point of law, a question of fact and a question of law?? Strictly speaking, is that a part of the study design/assessable?

Everything that Glasses said, but adding the following illustration: a point of fact is about the facts of the case, which means, what happened or didn't happen based on the evidence shown, and the sentencing appropriate to the facts once they are determined (and sentencing hearings can have a slightly wider range of evidence produced in them). So, for instance, if you wanted to argue that the evidence didn't support a guilty verdict, that would be a point/question of fact; but, if you wanted to argue that a piece of evidence should have been inadmissible because of the rules of evidence (ie them being misapplied in the case), that would be a point/question of law.

[Glasses]

Everything that Glasses said, but adding the following illustration: a point of fact is about the facts of the case, which means, what happened or didn't happen based on the evidence shown, and the sentencing appropriate to the facts once they are determined (and sentencing hearings can have a slightly wider range of evidence produced in them). So, for instance, if you wanted to argue that the evidence didn't support a guilty verdict, that would be a point/question of fact; but, if you wanted to argue that a piece of evidence should have been inadmissible because of the rules of evidence (ie them being misapplied in the case), that would be a point/question of law.

This is a rather odd question, but when explaining an the grounds for appeal, would you say "appeal on..." or "appeal against..."

[meganrobyn]

This is a rather odd question, but when explaining an the grounds for appeal, would you say "appeal on..." or "appeal against..."

Not a weird question! An interesting one. I have to think of what I say! Like when someone asks you how to spell something and you sometimes have to write it down.

I think I probably divide it into statements about the specific problem (against), versus statements about the general principle (on). So, I would say, "An appeal against the length of the sentence," but "An appeal on the application of <law> to sentencing." More often than not, it is phrased as a verb, though: eg "Appealing the <blah>."

[Glasses]

Not a weird question! An interesting one. I have to think of what I say! Like when someone asks you how to spell something and you sometimes have to write it down.

I think I probably divide it into statements about the specific problem (against), versus statements about the general principle (on). So, I would say, "An appeal against the length of the sentence," but "An appeal on the application of <law> to sentencing." More often than not, it is phrased as a verb, though: eg "Appealing the <blah>."

Awesome thank you!!

[HopefulLawStudent]

Hiiii.

Describe the appellate jurisdiction of Victorian Courts. [5 marks]

Is that where I literally go and list where appeals would go? e.g. For criminal, magistrates to county on a convictions and sentence basis. and just literally list all of it for both criminal and civil or would I just cover the appellate jurisdiction of courts more generally by making points like:

Appeals go up the court hierarchy.
No appellate civil or criminal jurisdiction for Mag's.
No appellate civil jurisdiction for County.
For criminal, can appeal on a point of law, conviction or sentence basis.
For civil, can appeal on a point of law, question of fact or damages basis.

[meganrobyn]

Hiiii.

Is that where I literally go and list where appeals would go? e.g. For criminal, magistrates to county on a convictions and sentence basis. and just literally list all of it for both criminal and civil or would I just cover the appellate jurisdiction of courts more generally by making points like:

Appeals go up the court hierarchy.
No appellate civil or criminal jurisdiction for Mag's.
No appellate civil jurisdiction for County.
For criminal, can appeal on a point of law, conviction or sentence basis.
For civil, can appeal on a point of law, question of fact or damages basis.

Because of the open phrasing of the question I would open with one general statement encompassing the hierarchy and law/fact ideas, then go through each court saying what appeals it can hear.

[Lauradf36]

Question on international crime/human rights: are people smuggling & human trafficking the same thing? Or could you use similar evidence if they are different?

[HopefulLawStudent]

Because of the open phrasing of the question I would open with one general statement encompassing the hierarchy and law/fact ideas, then go through each court saying what appeals it can hear.

But wouldn't that be like a lot of work? Esp for 5 marks?

1) Will VCAA questions ever be *that* ambiguous?
2) How many marks do you think I'd have gotten if I'd just covered the points I'd listed there in an exam setting?
3) How do we know that making general statements encompassing the hierarchy,etc wouldn't have been enough for full marks? Like is it the fact that it was worth 5 marks? I always seem to have this problem where I never know how much information is too much and how much information is not enough...

PS: Thank you for your help!

[meganrobyn]

But wouldn't that be like a lot of work? Esp for 5 marks?

1) Will VCAA questions ever be *that* ambiguous?
2) How many marks do you think I'd have gotten if I'd just covered the points I'd listed there in an exam setting?
3) How do we know that making general statements encompassing the hierarchy,etc wouldn't have been enough for full marks? Like is it the fact that it was worth 5 marks? I always seem to have this problem where I never know how much information is too much and how much information is not enough...

PS: Thank you for your help!

Keep in mind that 5 marks is over half a page of writing, and about 7-8 minutes of writing; you could definitely write it all in that time/space. However, I still think it's a really unlikely exam question. I mean, look at the history of VCAA questions: it's not on the list.

A general statement would absolutely in no way be enough for full marks, though. One mark is about 2-5 lines of writing (average maybe 3 lines) if you look at the time allocation crossed with the marking scheme crossed and the line allocation. Also, look at the history of exam questions - do you get very vague, general definition questions, ever, for more than 1-2 marks? And even 2 marks is stretching it without an example or some illustrative detail.

For what you wrote, I personally would give you 2 marks max. You haven't said what the CC crim AJ is, and haven't mentioned the SC or COA at all.

[HopefulLawStudent]

Keep in mind that 5 marks is over half a page of writing, and about 7-8 minutes of writing; you could definitely write it all in that time/space. However, I still think it's a really unlikely exam question. I mean, look at the history of VCAA questions: it's not on the list.

A general statement would absolutely in no way be enough for full marks, though. One mark is about 2-5 lines of writing (average maybe 3 lines) if you look at the time allocation crossed with the marking scheme crossed and the line allocation. Also, look at the history of exam questions - do you get very vague, general definition questions, ever, for more than 1-2 marks? And even 2 marks is stretching it without an example or some illustrative detail.

For what you wrote, I personally would give you 2 marks max. You haven't said what the CC crim AJ is, and haven't mentioned the SC or COA at all.

Huh. Okay.

So 5 marks is like half a page of writing. Gotcha. Thank you.

[clarke54321]

Hi everyone,

When is a good time to start revising?

During the last holidays I went over unit 3 and did an exam, however I'm worried about not having enough time to revise at the end of the term. Does anyone have some advice?

Thank-you

[meganrobyn]

Hi everyone,

When is a good time to start revising?

During the last holidays I went over unit 3 and did an exam, however I'm worried about not having enough time to revise at the end of the term. Does anyone have some advice?

Thank-you

Back when you finished Unit 3

I recommend revising one AOS a week, reading over notes, doing a few questions; then next holidays you start proper practice exams and actually have the ability to complete them properly because you don't need to relearn anything.

[Glasses]

Question on international crime/human rights: are people smuggling & human trafficking the same thing? Or could you use similar evidence if they are different?

I'm assuming you're completing, and this is related to HSC Legal Studies, so you might have more luck getting an answer in the HSC Legal sub-forum (Legal Studies)

That being said, I would assume that people smuggling relates to illegal migration/smuggling people across borders; whilst human trafficking is more so about slavery, the ownership and trading of human persons, forced marriage and that sort of thing.
(But I want to emphasise that I'm not sure, and that this is just a bit of an estimation).

[Lauradf36]

I'm assuming you're completing, and this is related to HSC Legal Studies, so you might have more luck getting an answer in the HSC Legal sub-forum (Legal Studies)

That being said, I would assume that people smuggling relates to illegal migration/smuggling people across borders; whilst human trafficking is more so about slavery, the ownership and trading of human persons, forced marriage and that sort of thing.
(But I want to emphasise that I'm not sure, and that this is just a bit of an estimation).

Oh, didn't know it was separate! Thanks anyway

[Dem16]

Can someone please help me with this question......
'Committal hearings are complicated and serve no useful purpose.' Discuss the extent to which you agree or disagree with this statement.
Although i disagree with this statement, what is some evidence that would agree with it?