VCE Legal Studies Question Thread

[HopefulLawStudent]

Hello...
Can someone pls help me on this question...off the 2014 exam
Discuss the extent to which the High Court can change the Commonwealth Constitution. (5 marks)
Thanks

What exactly are you stuck on?

My answer for that Q:

To some extent, the High Court can change the Commonwealth Constitution.

They are unable to actually change the Constitution, rather, their role is to interpret and add meaning to the Constitution. A referenda is the only means by which the Constitution may actually be changed.

Moreover, their ability to change the Commonwealth Constitution is limited to circumstances when a case has been brought to them; they cannot, of their own volition, change their interpretation of the Constitution. The need for a party to be willing to bring a case to the High Court may undermine their ability to ‘change’ their interpretation of the Constitution.

The High Court is not obliged to uphold their previous interpretations of the Constitution; they are free to amend their interpretation of the Constitution and effectively ‘change’ it as new cases arise. In this way, the High Court is free to change its interpretation of the Constitution which it has done in several instances, such as the Roach case where the High Court interpreted the Constitution and concluded that there was no implied right to vote therein.

Hence, the High Court can change the Commonwealth Constitution only to some extent.

[ncm123]

With questions that ask for "recent changes or recommendations for change to enhance the effective operation of the legal system" are you allowed to use recommended changes to the jury system (e.g. reduce peremptory challenges) or to the adversarial system (e.g. increased use of written evidence). I don't have many recommended changes up my sleeve. Also, does anyone know of any good recent changes to use in the exam, all I have is the expansion of Koori Court into County Court and recent changes at VCAT in terms of fees (are these acceptable)? All the best for exams

[SexGodDosia]

With questions that ask for "recent changes or recommendations for change to enhance the effective operation of the legal system" are you allowed to use recommended changes to the jury system (e.g. reduce peremptory challenges) or to the adversarial system (e.g. increased use of written evidence). I don't have many recommended changes up my sleeve. Also, does anyone know of any good recent changes to use in the exam, all I have is the expansion of Koori Court into County Court and recent changes at VCAT in terms of fees (are these acceptable)? All the best for exams

Our teacher told us to stick away from the jury entirely when talking about this, personally i use

"One of the recent changes was to enhance the effective access of the legal system. Due to 43% of all county court
indictable offences being sexually related, legal aid made a unit called the Specialist sex offences unit also known as the
SSOU. Its job is to increase the fairness to individuals who have fallen victim too sexually related crimes so they have fair representation on trial. Further it free'd up legal aid for other users. this enhances the effective operation as more people can now use legal aid and be represented appropriately."

*2mark question 

[meganrobyn]

Our teacher told us to stick away from the jury entirely when talking about this, personally i use

"One of the recent changes was to enhance the effective access of the legal system. Due to 43% of all county court
indictable offences being sexually related, legal aid made a unit called the Specialist sex offences unit also known as the
SSOU. Its job is to increase the fairness to individuals who have fallen victim too sexually related crimes so they have fair representation on trial. Further it free'd up legal aid for other users. this enhances the effective operation as more people can now use legal aid and be represented appropriately."

*2mark question

Hi - sorry, I just have a few concerns with this.

Firstly, it's unclear whether you're talking about a Legal Aid scheme, a County Court list, or the division of the DPP. You speak of people "falling victim to" sex crimes, but Legal Aid gives legal advice to defendants - and they're perpetrators, not victims. I'm aware of an 'SSOU', but that's a specialist division inside the DPP: the prosecution.

If the specialist prosecution is the thing you mean, I'm concerned it might be too narrow a change, but - more importantly - it's been around since 2007 so it's too old anyway.

Also, beware making bold statements such as legal aid being freed up for other people. Because money for schemes still comes out of the budget - unless there's a special extra funding or endowment. So it's using money, not freeing up money.

[SexGodDosia]

Hi - sorry, I just have a few concerns with this.

Firstly, it's unclear whether you're talking about a Legal Aid scheme, a County Court list, or the division of the DPP. You speak of people "falling victim to" sex crimes, but Legal Aid gives legal advice to defendants - and they're perpetrators, not victims. I'm aware of an 'SSOU', but that's a specialist division inside the DPP: the prosecution.

If the specialist prosecution is the thing you mean, I'm concerned it might be too narrow a change, but - more importantly - it's been around since 2007 so it's too old anyway.

Also, beware making bold statements such as legal aid being freed up for other people. Because money for schemes still comes out of the budget - unless there's a special extra funding or endowment. So it's using money, not freeing up money.

Thanks for alerting me to this, it got 2/2 in sacs marked by 2 teachers who were both examiners from the legal exam so i assumed it wouldve been ok, ill have to check with them too get another recent change.

I think the argument is for it would be *not taking into account 2007 which makes reasoning it in vain haha

1. SSOU created/ through division of the OPP after sex victims were not getting fair representation
  with the aim to "prepare all indictable sexual offence prosecutions in the western region of Victoria." and "give greater support to witnesses and victims"
2. Now victims of sexual crimes can now get legal advice and help prosecuting their case
3. This then lowers the strain on legal aid as previously 43% of all county court indictable offence victims now do not use their service and allows perpetrators and victims of other crimes to have a greater chance of getting access to legal aid 
4. SSOU funded through the OPP
5. This allows more people to use their service(legal aid) as legal aid has the same funding with less people to help (330 million, $7.5/ capita)
6. Allows for effective access as people who could previously not use legal aid due to the high volumes of people now have access to these services.

[meganrobyn]

Thanks for alerting me to this, it got 2/2 in sacs marked by 2 teachers who were both examiners from the legal exam so i assumed it wouldve been ok, ill have to check with them too get another recent change.

I think the argument is for it would be *not taking into account 2007 which makes reasoning it in vain haha

1. SSOU created/ through division of the OPP after sex victims were not getting fair representation
  with the aim to "prepare all indictable sexual offence prosecutions in the western region of Victoria." and "give greater support to witnesses and victims"
2. Now victims of sexual crimes can now get legal advice and help prosecuting their case
3. This then lowers the strain on legal aid as previously 43% of all county court indictable offence victims now do not use their service and allows perpetrators and victims of other crimes to have a greater chance of getting access to legal aid 
4. SSOU funded through the OPP
5. This allows more people to use their service(legal aid) as legal aid has the same funding with less people to help (330 million, $7.5/ capita)
6. Allows for effective access as people who could previously not use legal aid due to the high volumes of people now have access to these services.

Honestly, I'm quite surprised they gave those marks.

Also, are those notes a transcription of the notes you were given? Because, again, they're confusing Legal Aid with the DPP, and also seem to be talking about victims as though they are the ones having to bring the criminal matter to prosecution. And my point about funding still remains - the funding for this is entirely separate from Legal Aid, and I don't see how the two are related.

But, at the end of the day, it's still too old.

Anyway, you don't need to ask them for new ones. Literally every Legal 3/4 textbook will have a whole range to choose from. You do need more than one, too.

[SexGodDosia]

Honestly, I'm quite surprised they gave those marks.

Also, are those notes a transcription of the notes you were given? Because, again, they're confusing Legal Aid with the DPP, and also seem to be talking about victims as though they are the ones having to bring the criminal matter to prosecution. And my point about funding still remains - the funding for this is entirely separate from Legal Aid, and I don't see how the two are related.

But, at the end of the day, it's still too old.

Anyway, you don't need to ask them for new ones. Literally every Legal 3/4 textbook will have a whole range to choose from. You do need more than one, too.

Ok thanks , ye they were the notes essentially, i added in the statistics.

Any chance you could give light on if we need to know " a recommendation for the adversarial system that isn't already being used in the inquisitorial system."?

[phurell]

Hello, i need help with going about answering these two Questions based on Unit 3.

1) How can judges in a higher court avoid applying an existing precedent to a case before the court? (3 marks)

&

2) Identify three factors that may limit the capacity of the courts to develop new legal principles. (3 marks)


Thank you 

[meganrobyn]

Ok thanks , ye they were the notes essentially, i added in the statistics.

Any chance you could give light on if we need to know " a recommendation for the adversarial system that isn't already being used in the inquisitorial system."?

The Study Design doesn't specify either way - it literally just says "possible reforms" - so I'd be quite surprised if the exam-setter interpreted the wording to include that. I mean, I have just as much input into the exam questions as you do, so I can't say definitively, but it would be weird if the wording of the SD was taken like that, I think.

[SexGodDosia]

The Study Design doesn't specify either way - it literally just says "possible reforms" - so I'd be quite surprised if the exam-setter interpreted the wording to include that. I mean, I have just as much input into the exam questions as you do, so I can't say definitively, but it would be weird if the wording of the SD was taken like that, I think.

Ok thanks

This is for anyone, due to their only being 12 questions on the exam this year, what is the likely implication? Will their be more evaluative questions with
higher mark allocation ?

[meganrobyn]

Hello, i need help with going about answering these two Questions based on Unit 3.

1) How can judges in a higher court avoid applying an existing precedent to a case before the court? (3 marks)

&

2) Identify three factors that may limit the capacity of the courts to develop new legal principles. (3 marks)


Thank you 

You should answer them in as much detail as you can and then ask for feedback

[meganrobyn]

Ok thanks

This is for anyone, due to their only being 12 questions on the exam this year, what is the likely implication? Will their be more evaluative questions with
higher mark allocation ?

Nah, that's misleading because it doesn't include sub-questions! Yes, there could be only 12 questions... or there could be 50 (hyperbole) if you count all the sub-questions.

[phurell]

You should answer them in as much detail as you can and then ask for feedback

the issue is i don't really understand the questions in the first place or where to find the specific content

[meganrobyn]

the issue is i don't really understand the questions in the first place or where to find the specific content

Then you need to practise that before the exam. I don't mean to be harsh with that - I mean that these aren't too different from many SAC and exam questions you've already seen or had in class, so someone here giving the answer to these won't help the base problem of being able to work through questions. I feel like both of the questions are worded in a fairly straightforward way, so you definitely can understand what they're asking. They also both have enough in them for you to go through each AOS and match that wording with the right AOS and content area. So then it's just identifying whether you understand that content - because, if you do, it should apply in a fairly straightforward way to the questions. If you understand the content, then it's just not slowing down and logically working out the question and needing to practise that; if you don't understand the content, then the priority is getting help to talk about that with someone who does understand it ASAP. Sorry - this is just the only approach that's actually going to make a difference on the exam, and there's not long to go.

[phurell]

Then you need to practise that before the exam. I don't mean to be harsh with that - I mean that these aren't too different from many SAC and exam questions you've already seen or had in class, so someone here giving the answer to these won't help the base problem of being able to work through questions. I feel like both of the questions are worded in a fairly straightforward way, so you definitely can understand what they're asking. They also both have enough in them for you to go through each AOS and match that wording with the right AOS and content area. So then it's just identifying whether you understand that content - because, if you do, it should apply in a fairly straightforward way to the questions. If you understand the content, then it's just not slowing down and logically working out the question and needing to practise that; if you don't understand the content, then the priority is getting help to talk about that with someone who does understand it ASAP. Sorry - this is just the only approach that's actually going to make a difference on the exam, and there's not long to go.

thanks for the response megan! you're not sounding harsh. i'm doing quite well with completing and understanding other exam/sac questions. These specific ones are the ones i just don't seem to get, and i'm guessing it's my lack of content knowledge in that specific area (or maybe i've missed it in my revision?) which is why i'm asking for someone elses answer. I also can't seem to find it within the textbook causing me to panic a-bit.. so i posted here because i believe it'll help me (mainly for the first question, the other one i have an idea of what to write after going through my notes)