Hi Elyse! I was wondering for your HSC exams did you memorise paragraphs on each dotpoint under sections with case studies, articles and statistics? If not, how did you prepare yourself for the extended response questions?
Hey Elyse!
It was recommended for me to refer to less biased sources such as the ABC. However, my references may become saturated. Would it be better to just have a wide variety?
Thanks, Cat :)
Ha! Your question makes me happy because I was advised similarly. So basically, you may realise when you read certain publications that their have an agenda they are pushing. Exhibit A .
Now, who each publication wants to be prime minister doesn't really affect us as legal students. What we do care about it is finding legal truths. We want to see: Human rights breaches with Offshore Detention, for example. The ABC provides GREAT resources for legal studies. Really good stuff. SBS has some awesome specials too.
For case studies/crime related stuff, you will find each news company will give similar resources. So by all means, use a variety but pick your favourite articles, not your favourite publications for this part.
It only comes to the more political stuff like human rights or world order when the publication that you refer to counts. The Telegraph won't give you the same report as what the Herald does when you're talking about how the government is dealing with terrorism, asylum seekers, wars, etc. You need to pick and choose your sources here. For this part, I find that the Herald provides better information, just like the ABC.
In an exam, you wouldn't be marked down for referencing a certain publication or having all of your media articles come from the one publication. I can safely say I never referenced the Telegraph once but I referenced ABC, SMH and SBS constantly.
So your question is super valuable. For the stuff that is topical in the news, it's all very controversial, you might have to have a good look for some legal truths when you take away all of the propaganda!
For the recent crimes, cases, etc, you should be able to find things unbiased fairly easily :)
Also, don't forget that what you've already begun doing is analysing the media. The media is a non-legal response and you will be asked to talk about this in nearly all of your topics. So this is awesome! Remember, most/every media publication has an agenda of their own.
As a legal student, you're just here to pick the good stuff from the crappy stuff :P
Hi Elyse!
This question might be a bit subjective since the answer would differ for everybody but how long (roughly) do you think summary notes should be? At what point do you think it would become too much?
Thank you!
Hello! I don't understand why "Environmental Rights" are universal.
Any help would be much appreciated! :)
Thank you x
Hi Elyse! How does the law encourage cooperation to achieve justice for parties involved in relationship breakdown?
Hey I would love some advice.
I still have 12 units and It has been recommended that I drop 2 units and have 10 units.
I am contemplating dropping PE or Legal. I love legal but have never done well in the subject. I absolutely hate PE and it is boring but seem to do better in it then PE, so I am very conflicted. Any advice would be awesome :) Thanks...x
Hello! I don't understand why "Environmental Rights" are universal.
Any help would be much appreciated! :)
Thank you x
Hey guys... I want to say thank you, I really appreciate the help you have given me through this online tutoring, the feed back is great and you are all so kind :)
I'm having trouble with the past 2015 HSC Crime extended response question , "How effective are domestic and international measures in dealing with International Crime?"
A few pointers would be much appreciated.
Thanks guys :) x
Hi!
I'm currently trying to do an assessment on the limitations of free speech, both domestic and international responses. If you had any legal and non-legal information to help me with an overview it would be great!
Thanks in advance :)
HEY!
I have my half yearly exams coming up and we were told that the essay will be on young offenders.
I picked this question and I am not quite sure how to approach it...
Assess the effectiveness of the criminal justice system when dealing with young offenders
Any help will be much appreciated
THANK YOU :)
THANK YOU :)
Hey guys!
I was just wondering if you had any tips for becoming more effective at finding cases online?? For example I was looking the other day for an example of a case that involved mitigating factors and it took me forever to find one (and I feel like it shouldn't be such a hard thing!). Any advice about that would be amazing!!!! :)
How do I go about responding to the human rights short answer question? For example, "How are is ONE human right best protected in Australia..."
Cheers
Hey
So I was just wondering how I would write an essay on this question?
Evaluate the effectiveness of the criminal justice system in dealing with young offenders in respect the two issues.
Thanks so much
Em :)
‘Juries should not be given the responsibility of deciding complicated criminal cases. That's the essay question and we are to write 600 to 1000 words about our viewpoint and stand, and I am really not sure where to start could you please help!...(Jean-Pierre)
Hi Elyse,
I was wondering how do you incorporate LCMS (Legislation, Case Law, Media Reports and Statistics) into legal studies essays?
Thank you.
I have to write an essay on police discretion, I understand the meaning of discretion within the legal system and the concepts of it, but one thing I can't seem to find is the legislation that gives police such powers!! do you have any idea which legislation goves police the right to discretion????
Hi!
this might be a stupid question but i have a legal studies test on human rights, just multiple choice and short answer, but i was just wondering what do you reckon is the most effective way to remember the content?? I'm using the legal book from atar notes (which is amazing) along with my class notes and just reading and saying the content out loud, i am starting to remember stuff but just for trials and hsc what do you recommend to ensure i know most of it so i don't get stuck at a question?
thank you :)
hi there, i know this is a bit of a silly question but my textbook was talking about ratification as 'the process of a state formally approving a treaty, making it legally binding'.
i thought ratification was creating provisions of international treaties etc. into binding domestic law?
it was in regards to monist and dualist systems, and it says 'This means [a dualist society] that signing a treaty does not make it enforceable in Australian law', but then then later said, 'Australia ratified the Rome Statute in 2002' and then talks about how it doesn't mean that it is included as domestic law until legislation is passed it enact it?
it later defines 'incorporation' as the process by which a country enacts a treaty into domestic law?
i'm a little confused with how the two (ratification + incorporation) actually work, and if ratification is the process of actually making international shenanigans into domestic law, or if it's just a government being like 'yeah this is a real groovy treaty, we dig it'?
Yeah this is a real groovy treaty, we dig it
I remember this majorly confused me back in Year 12, it doesn't really make much sense does it!holy moly thank you so much, i'm so glad im not the only person in the world that was totally lost by it
PS - This absolutely made my night! ;Dand thank u i try 8)
Hey! Just a question regarding essays -
When you talk about a question, let say for example "Assess the effectiveness of the Criminal Investigation Process in achieving justice" - Would you break up your paragraphs into conceptual ideas or just each body paragraph targeting a specific syllabus point? For example. talking about only police powers in the first paragraph, and then only bail and remand in the next, etc etc. Or just blending everything in together and structuring it like that?
Sorry if its a bit... confusing :-\
Hey thank you!! Yeah I do get what you mean thanks :) I've also got a few more question though.. Sorry if I'm asking too much.
For Crime, I'm unsure of how I would answer questions that use the theme "law reform" and "discretion" - as I feel as if I wouldn't have much to talk about. Maybe for law reform, I could talk about the amendments of LERPA and Bail Act? And for discretion I could talk about aggravating/mitigating circumstances, mandatory sentencing, and maybe some LEPRA in there too! But will it be enough?
And one more question, for Human Rights - I'm confused how how separation of powers and division of powers helps promote and enforce human rights in Australia! Thank you :)
Hey Memeking! You can never ask too much (though we probably can't sit exams for you) ;)
For your Crime questions, you are pretty much spot on the money!! Law Reform is surprisingly broad, but I know what you mean about there not being TOO much to discuss. Perhaps you could try blending it with another theme, for example, exploring how law reform has improved the achievement of justice/balancing of rights in the criminal justice system. This would, question permitting, allow you to talk about a few other things to round out your response. There is lots to discuss though, pick any part of the syllabus and explain how a change (this could be changes to procedure rather than legislative changes too) has improved the effectiveness of that response/area. Juries, LEPRA, Sentencing, Young Offenders, Bail, lots of things you could include ;D For discretion, I would be talking about those exact things, maybe even including something on young offenders specifically? It doesn't seem like much, but add some detail and some good case studies and you'd be surprised how long it can be! But all in all, for those questions you are right on track ;D
The separation of powers doctrine, essentially, maintains the rule of law in Australian society. What this does is prevents arbitrary abuse of power by the executive, thus ensuring that the judiciaries and legislature will prevent any potential human rights infringements by the executive. Case in point, North Korea's executive is unchecked, there is no separation of powers, and this is a contributing factor to the multitude of human rights atrocities in that country.
Division of powers is a little different, and not quite as essential. The only thing I would suggest as important here is the fact that the division of powers gives the Commonwealth Foreign Affairs as an exclusive power. This allows them to ratify and enact international HR documents/treaties and impose them on the states, rather than each state doing this individually. This maintains a consistent domestic response to Human Rights Issues ;D
I hope this helps!!
Hi, For my legal assessment we have to write an essay to this question
Evaluate the effectiveness of legal and non legal measures, both domestic and international, in achieving justice to address the issue of human trafficking and slavery
This is my plan on the paragraphs:
Paragraph one - Legal International Measures (325 words)
Paragraph two - Domestic Legal Response (325)
Paragraph three - International Non Legal Response (352 Words)
Paragraph four - Non legal Domestic Measures (325 words)
I am not quite sure how to start it :(
Any help would be great!! :)
Hey there!
I'm really confused about how to go to answer this essay question on family:
With reference to contemporary issues concerning families, to what extent has the law responded to problems arising within family relationships?
As the first part comes from the third part of the syllabus and the second part of the question comes from the second part of the syllabus (wording wise). It seems that the 'problems arising within family relationships' is the most important part, so I've written my essay based around that and thought to sprinkle 'contemporary issues concerning families' in. But I found this to be super difficult since the problems and issues don't seem to have much to do with each other. So I was just wondering have I misinterpreted the question and/or does 'contemporary issues concerning families' mean I can talk about that broadly (i.e. not just what the syllabus sets out.)
Does that make sense?? I am just super confused!
Thanks!
Ok, this is going to be a really, really stupid question. Very stupid. But: I still (after a year and a half) don't get the difference between the division and separation of powers. I now the Legal Studies presentation at the beginning of the year in Sydney with Elyse briefly touched on it, but I still don't really comprehend it.
Sorry...
Ok, this is going to be a really, really stupid question. Very stupid. But: I still (after a year and a half) don't get the difference between the division and separation of powers. I now the Legal Studies presentation at the beginning of the year in Sydney with Elyse briefly touched on it, but I still don't really comprehend it.
Sorry...
Ok, this is going to be a really, really stupid question. Very stupid. But: I still (after a year and a half) don't get the difference between the division and separation of powers. I now the Legal Studies presentation at the beginning of the year in Sydney with Elyse briefly touched on it, but I still don't really comprehend it.
Sorry...
hello :D
I was wondering if could have some help in how to approach an essay that requires
'Assessing the effectiveness of common law and the similarities and differences between statute and common law'
In particular I have trouble in writing the thesis of the essay in the introduction
What I currently have ... :'(
'Common law is defined as law that has been developed on the basis of preceding ruling by judges. Statutory laws are written laws passed by legislature and government of a country and those which have been accepted by the society. These similarities and differences between statue and common law reflect the evident effectiveness of common law.'
I was also wondering what kind of strong evidence would be good to incorporate into the essay to support my assessment of the effectiveness of common law. I'm overall quite confused on how to structure this essay that requires assessing the effectiveness of common law and how statue and common law is different yet similar :/
Thank you in advance :D
Hi guys! I'm a year 11 student doing LS, and my results from my half yearly haven't been as good as I'd hoped. My question is: how much time do you think I should invest into studying every day or week, and what do you think is the most effective way of studying? Also, this question isn't aimed specifically towards LS, but I'm really struggling with motivating myself- do you have any advice? Thank you!!
hiya!!!
Hopefully this is fine in this thread... ;D
I've recently received an assignment and would prefer some help going about it. It consists of 2 small answers and one long response. I was wondering how to best go about the structure for each question and some extensive family law cases to base my responses on. The three questions are:
1) Outline the role of the Family Court in Australia's legal system
2) Identify and Describe ONE case that has been heard in the Family Court of Australia
3) Evaluate the effectiveness of the Family Court of Australia in achieving justice for family members. Make reference to case selected in question 2 and other family law issues.
The total amount of words is meant to be 2000. I was thinking personally 1(300), 2(500) and 3(1200) or is that over doing it?
Thank you!
hiya!!!
Hopefully this is fine in this thread... ;D
I've recently received an assignment and would prefer some help going about it. It consists of 2 small answers and one long response. I was wondering how to best go about the structure for each question and some extensive family law cases to base my responses on. The three questions are:
1) Outline the role of the Family Court in Australia's legal system
2) Identify and Describe ONE case that has been heard in the Family Court of Australia
3) Evaluate the effectiveness of the Family Court of Australia in achieving justice for family members. Make reference to case selected in question 2 and other family law issues.
The total amount of words is meant to be 2000. I was thinking personally 1(300), 2(500) and 3(1200) or is that over doing it?
Thank you!
In my last Legal Studies exam I didn't do the best that I could have (this is a very big understatement, I did not do well) and so whenever I think of Legal Studies I feel a bit traumatized (?), for lack of a better word.
Previously I did pretty well but right now whenever I think of my upcoming LS Trial I just feel like the same thing is gonna happen again and I'm not sure how to avoid it (my trial is coming up in a weeks time) so does anyone have some advice that could help me move on?
Just a quick question- What area of the syllabus do you think this year's family law questions will be on? I understand it is impossible to predict the essay question however your thoughts on possible questions would be appreciated! ;)
Thank you so much for the reply!!! ;D ;D
I really appreciate the advice, I can't emphasis it enough, I definitely feel a lot better now! THANK YOU!!
How do you structure a world order essay? There's so many aspects and issues to deal with, I don't know where to start
Hi Elyse,
I was just wondering if you had any advice on helping me catch up on a lot of missed work. I have been off school for nearly a term and have obviously been bombarded with work upon my return- especially in legal studies. Any tips on ways to zero in on the most crucial points would be great :)
Thanks, Tianna
Hi Elyse,Jamon's helped out a bunch already, but I suggest focusing on:
I was just wondering if you had any advice on helping me catch up on a lot of missed work. I have been off school for nearly a term and have obviously been bombarded with work upon my return- especially in legal studies. Any tips on ways to zero in on the most crucial points would be great :)
Thanks, Tianna
Hiya! Im back.... with some need for help. Ahaha
Ive completed A and B part of my assignment... just looking for some feedback of where you think i might be able to improve. Im gonna list them in a spoiler so it doesnt clog the post up!
All the help would truly be appreciated! Thanks :3
Hey there itswags98! Happy to give some feedback on those quick responses ;D
First Question:SpoilerA) Outline the role of the Family Court in Australia’s Legal System
The role of the Family Court of Australia is to deal with complex family law matters such as parenting cases which involve multiple parties, allegations of abuse, child welfare agencies and complex financial matters such as the division of property. The Family Court of Australia and the Federal Circuit Court of Australia cover all family law cases from every state except Western Australia. The main purpose of these courts is to provide dispute resolution methods in the form of counselling, mediation and conciliation to help individuals settle their differences and to create an agreement over different issues such as maintenance, property division and the care of children. When a judgement is being made, the best interests of children will be put first and foremost.
I think this works effectively as an outline! It covers the main points very well and definitely gives most relevant details. The only thing I'd perhaps add is that it was established by the Family Law Act 1975, but besides that, no big omissions that I can see ;D
Second Question:SpoilerB) Identify and Describe ONE Case that has been heard in the Family Court of Australia.
Case: Re Mark (2003) 31 Fam LR 162
Mark is a one year old child conceived by Mr. X and Mr. Y through a commercial surrogacy arrangement in the United States. The surrogate mother, Mrs. S carried an agreement that she will carry an embryo created from a donor egg harvested from an anonymous donor and sperm retrieved from Mr. X and then the embryo transferred to her womb by an IVF physician with no desire to have any parental responsibility to the child born from the surrogate agreement and that Mr. X and Mr. Y shall be the parents of any child born pursuant to the surrogate agreement. When Mark was born on the 31 May 2002, Mr. X was listed as the child’s genetic father on the birth certificate. On 10 June 2002 Mr. X and Mr. Y returned with Mark to their home in Melbourne and Mark was registered as an Australian Citizen on the 27th of June 2002. On 11 November 2002, Mr. X and Mr. Y applied to the family court for parental responsibility of Mark. The family court granted Mr. X and Mr. Y shared parental responsibility through a consent order with the Judge, Justice Brown stating that Section 65C of the Family Law Act 1975 provides that either or both of the child’s parents, the child, him or herself, a grandparent of a child, or any other person concerned with the care, welfare and development of the child may apply for a parenting order. Because the male homosexual couple had the ‘best interests’ of Mark at heart and because S.69R of the Family Law Act 1975 states that whomever is listed on the birth certificate is assumed to be a parent, Mr. X and Mr. Y were granted parental responsibility and the birth mother, Mrs. S did not contest the application.
Again, I think this works well! The case has been identified and you delve into the main details quite well, you could perhaps even make the description of the case details a little more succinct? Then, do some extra stuff with the judgement itself, go into a bit more detail about why this judgement was made. Was there a precedent? If not, has this now set a precedent for other cases?
On the whole though I think both questions are well answered!! They are both fairly low-order questions, and you've not gone overboard with either of them, just given what the question requires, very effective and efficient ;D great work!! :)
Hi Elyse,
I was just wondering if you had any advice on helping me catch up on a lot of missed work. I have been off school for nearly a term and have obviously been bombarded with work upon my return- especially in legal studies. Any tips on ways to zero in on the most crucial points would be great :)
Thanks, Tianna
How does one do well in a subject like Legal studies where a lot of the content is rote learn?
Hey conic! It totally is up to you to find a study method that works well for memorising content. Study notes are great (we have lots of free ones obviously, but you can also do things like make flash cards, record yourself saying the notes, there are lots of things you can do to make the content stick! You should also read this article I wrote on some creative ways to study for the subject.
You should also keep in mind that content knowledge isn't the only thing necessary for Legal Studies success; you also need essay writing skills, strong arguments, and critical opinion. You should devote some study time to those things as well, and the best method is practice, practice practice!
So i have a Legal Studies assignment and it has to do with Human Right but we haven't started the topic and its an assignment we have to do over the holidays but I'm having trouble with some of the questions so could you help me out?
1. Describe a contemporary domestic or international human right issue, and outline TWO human rights that are breach regarding the issue - 5 marks. They provided us with options, you had to choose one, I chose chose asylum seekers but treatment of refugees was also a separate option and you can't talk about one without the other, I wanted to relate it to Australia's detention centers on Nauru etc so which issue would better suit that?
My other problem is how do I describe the issue of asylum seekers, what do I say? Would saying that 'asylum seekers are an issue as they pose security risks to Australia but their detaining breaches their human rights' be right?
2. a - Compare the domestic and international responses - 5 marks
I wanted to compare the domestic legal and non-legal response with the international non-legal/legal responses, would that be right and with comparing I would just describe what the domestic responses are and how they are similar or different to the international responses, yes?
b - Evaluate the effectiveness of the non-legal and legal responses in promoting and enforcing human rights - 10 marks
In this part i'm just saying 'the responses are effective because they acknowledge and enforce human rights and they are ineffective because they breach human rights etc.' right?
I would absolutely appreciate if you could tell me if i'm on the right path and if i'm not could you give me some direction, maybe what you would do , thank you so much!!
hey!
I was wondering if someone could clarify what Elyse meant today in the legal lecture when she said Australia wasn't bound by CROC? I found this link https://www.humanrights.gov.au/publications/australias-commitment-childrens-rights-and-reporting-un that seems to imply that Australia is bound by CROC and it kind of threw me
thank you!!
Hi Elyse, we are now fast approaching trials and i have noticed that the legal studies multiple choice in past papers are all very tricky. i was just wondering when you answer multiple choice do you have a process in answering them?
Thanks
Hi,
In regards to the Janine Balding case, why does society know the identities of those who were convicted; since they were children/minors (Blessington - 14, Elliot - 16).
Why were the case citations not given pseudonyms (e.g. R v LMW)? Especially since Children (Criminal Proceedings) Act 1987 (Cwlth), was in place before the act was committed (1988) and before the trial (1990).
Thank you!! :D
Hi,
In regards to the Janine Balding case, why does society know the identities of those who were convicted; since they were children/minors (Blessington - 14, Elliot - 16).
Why were the case citations not given pseudonyms (e.g. R v LMW)? Especially since Children (Criminal Proceedings) Act 1987 (Cwlth), was in place before the act was committed (1988) and before the trial (1990).
Thank you!! :D
Hi there, I was wondering how I should go about studying for my legal trials. We have been given 2 possible essay questions in regards to crime.
1) Assess the role of law reform in achieving justice in the criminal justice system.
And
2) Discuss the extent to which the law reflects moral and ethical standards in the criminal justice system.
My trial is on the 1st of August so I have about 2 and a half weeks to prepare. As well as preparing for other trials.
Would it be best to write two essays and memorise them?
Thanks
Thanks heaps for your advice :) I'll go ahead with the essay plans then. Would I be able to post my essay plans for marking?
Family Law
Would anyone have LCMs(legislation, case law and media) on family law?
thanks
Please explain the term double jeopardy
In legal studies, would it be a great idea to go out of syllabus?Please either rephrase this question, or, if you know you've asked the question exactly as intended, try to consider the answer for yourself and see if you can reach the answer through reasoning based on your current level of knowledge. The latter approach can actually be a great way of learning in VCE/HSC and is crucial in university learning as well.
In legal studies, would it be a great idea to go out of syllabus? (i.e. for some dotpoints not addressed in the syllabus, would it be beneficial to your knowledge, even though it won't be assessed in exams)
In legal studies, would it be a great idea to go out of syllabus? (i.e. for some dotpoints not addressed in the syllabus, would it be beneficial to your knowledge, even though it won't be assessed in exams)Definitely not. It may make your life more difficult and stressful.
Hi again, in class we were just discussing Dennis Ferguson and my teacher cannot find the law that stated that serial sex offenders can be evicted from public housing. She knows it happened around 2009, could you help us out?
Hi, could you please explain the Smiths v Fields (2012) in Family Law and its significance?
Hi Elyse :)
I'm in a middle of understanding the "Themes and Challenges" which is really important according to my teacher.
The topics are Crime, Human Rights, Consumers and Family Law
I'm quite confused with most of them, especially the Crimes and Human Rights.. If you could explain them to me briefly that would be really helpful for my trials in Wk 5.
Thank you! :)
Hi, im preparing for my trials and in the syllabus the themes and challenges are generally the points of discussion for family questions ( following trend) however im stuck on how i would weave the syllabus points into these themes and challenges for example i was looking at past 2012 paper where it was discuss whether the courts deliver justice for families, what exactly would i talk about ? and for the rest of the themes and challenges how would i study them. Thanks, and sorry if this is a big ask
I've been compiling a table of cases & legislation etc for legal studies all year, but I had one for each dot point and now have realised that is far too many too remember! Would you recommend just having a few cases you know really well for each section of each syllabus? Also, I have heard the focus is a lot on contemporary cases, would cases from 2016 get more marks than cases from say, 2008? Thanks!
I've been compiling a table of cases & legislation etc for legal studies all year, but I had one for each dot point and now have realised that is far too many too remember! Would you recommend just having a few cases you know really well for each section of each syllabus? Also, I have heard the focus is a lot on contemporary cases, would cases from 2016 get more marks than cases from say, 2008? Thanks!
A warning is an official notice given to a young offender by an investigating officer, without any conditions attached. The warning is relatively informal – it can be given in any place but the officer must tell the offender the nature, purpose and effect of the warning. A warning cannot be given for an act of violence, a repeat offence or at the discretion of the investigating officer.
In this case are warning's recorded?
If less than 18 years old, then strip search can only be conducted if an independent responsible adult is present; no strip searches permitted for children under 10 years old
What does "strip searches" mean?
Hi Elyse :)
I'm in a middle of understanding the "Themes and Challenges" which is really important according to my teacher.
The topics are Crime, Human Rights, Consumers and Family Law
I'm quite confused with most of them, especially the Crimes and Human Rights.. If you could explain them to me briefly that would be really helpful for my trials in Wk 5.
Thank you! :)
Hi, im preparing for my trials and in the syllabus the themes and challenges are generally the points of discussion for family questions ( following trend) however im stuck on how i would weave the syllabus points into these themes and challenges for example i was looking at past 2012 paper where it was discuss whether the courts deliver justice for families, what exactly would i talk about ? and for the rest of the themes and challenges how would i study them. Thanks, and sorry if this is a big ask
Yep! According to Section 17 of the Young Offender's Act, the warning is recorded, but it is then destroyed when the person in question reaches the age of 21.
A strip search is a broad term encompassing searches for hidden objects that require removal of some or all of the suspects clothing :)
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 was wondering if anyone has any essay questions on the 1st part of consumer law as we have not covered the whole thing in class and our trials will be a question on the nature of consumer law
Thanks !
Hey,
These two issues are very easy to get mixed up.
Whilst they are similar; human trafficking is the commercial trade or trafficking in human beings for the purpose of some form of slavery, usually involving recruiting, transporting or obtaining a person by force, coercion or deceptive means. Whereas, people smuggling is the illegal transportation of people across borders, where people voluntarily pay a fee to the smuggler, then are usually free to continue on their own after arrival in the hope of starting a new life.
So really, the key differences is that people smuggling usually is a bit more voluntary that trafficking. Also in the rare occasions that they make it to their destination; those that are people smuggled are usually free to continue on their life; whereas those that are trafficked are exploited or forced into labour service.
Whether the evidence is applicable or not, depends entirely on what kind of evidence it is. For example people smuggling is prohibited under the Migration Act 1958 (Cwlth) whereas human trafficking is concerned with the Criminal Code Act 1995 (Cwlth).
Thanks so much! So would human trafficking still be considered a transnational crime? Or what cases/evidence would you suggest for people smuggling otherwise?If I may intervene, I would assume human trafficking is considered a transnational crime because it involves a crime crossing international borders.
Thanks so much! So would human trafficking still be considered a transnational crime? Or what cases/evidence would you suggest for people smuggling otherwise?
Hey,
For legal studies one of my options is consumers. I was struggling with an essay question on law reform as I wasn't sure how to structure it. Whether I talk about the ACL and about deceptive misealing advertising etc... and then go one to talk about the Spam act 2003. Or whether i dont talk about specific laws the entire essay but rather refer to the need for law reform etc..
Hey,
These two issues are very easy to get mixed up.
Whilst they are similar; human trafficking is the commercial trade or trafficking in human beings for the purpose of some form of slavery, usually involving recruiting, transporting or obtaining a person by force, coercion or deceptive means. Whereas, people smuggling is the illegal transportation of people across borders, where people voluntarily pay a fee to the smuggler, then are usually free to continue on their own after arrival in the hope of starting a new life.
So really, the key differences is that people smuggling usually is a bit more voluntary that trafficking. Also in the rare occasions that they make it to their destination; those that are people smuggled are usually free to continue on their life; whereas those that are trafficked are exploited or forced into labour service.
Whether the evidence is applicable or not, depends entirely on what kind of evidence it is. For example people smuggling is prohibited under the Migration Act 1958 (Cwlth) whereas human trafficking is concerned with the Criminal Code Act 1995 (Cwlth).
Thanks so much! So would human trafficking still be considered a transnational crime? Or what cases/evidence would you suggest for people smuggling otherwise?
Humans can be trafficked within borders - but the syllabus definitely focuses on the trafficking of humans between borders in the transnational crime section of the syllabus :)
Check out the case: R V Tang 2009
There's a lot of commentary about this case, and also commenting on human trafficking beyond the case as well!
Hi! Just wondering if anyone could give me any cases that establish the common law definition of motherhood? Thanks in advance.
Omg, yes I totally forgot that human trafficking can occur domestically. Sorry for that, it slipped my mind. Was too focused on the international aspect of it. Thanks for picking up on that :)
Hey Elyse,
Hope you are well :)
I found this Human Rights question in a past paper and I wasn't sure how I should answer it:
With Reference to examples, outline how common law protects human rights within Australia?
Do common law examples just mean to reference cases?
Thanks heaps :)
Hi Angie, I might be able to help here!
I just finished the 2014 CSSA legal trial and found the question I believe you're asking, is it Question 23 (5 Marks)?
In regards to examples i don't believe cases are completely necessary but you can use them to show an enaction of how common law protects rights.
We know that common law is judge-made law, so that encompasses things like procedural fairness and its stipulated right to a fair trial which I used in my answer. You could use a case here I suppose (I used R v. Wood (2008) and the retrial ordered by the judge due to juror misconduct) to display how common law can prevent the abuse of the human rights and the right to equality, especially before the law.
Hope this helps!
Hi was wondering if i could get help with understanding the difference between preferential and proportional voting system
Love the answer Essej! All of these would be excellent to include, I do disagree a tad though, a case would be essential here in my opinion, especially given that the question states 'with reference to examples.' Common law is precedent, set by prior cases, so including a case which forms part of this precedent would be a necessary inclusion, R v Wood (2008) being a fantastic one to use ;D
Thanks so much Essej and Jamon :)
Hey guys how would i prepare for the essays in my trials as in what should i remember etc i know i have to remember case law/media articles and legislation however since there is so much stuff to remember i feel overwhelmed and not sure what to do.
Thanks
Hi! I was wondering if you could please help me with this human rights question?
'Outline how human rights have changed and developed over time.' (4 marks)
What I'm thinking is focusing on a particular human rights like freedom from slavery then focus on the developments for that particular right with reference to international and domestic legislations. How much information and what crucial points would we need to incorporate for this question? :)
The Australian Human Rights Commission is a legal response (not non-legal) right?
Heya!!
Hope you remember me from last time! hehe. anyways. My original legal teacher has been replaced with a new teacher that in my opinion is a VERY harsh marker. i received 68% on the assessment task i submitted (still like 12%) above the next mark in class. My question is, should i push further to get more marks? Some of the feedback doesnt really make that much sense. For example, i was marked down for using a 2003 case for a DESCRIBE question as that it was apparently too 'old'. This did not require a judgement.
That said, im first ranked in the class ( by like 15%) is it worth it to pursue the extra marks? or should i just let it go?
Here's a quickie: is UNICEF a legal or non-legal response??
Hey Lauradf36! Bit of a tricky one, but I would say it is a non-legal response, it's work is primarily humanitarian relief and not focused on the adaptation, application or formulation of law, so, non-legal! ;D
Hi !
So i wanted to use the recent four corners footage of the juvenile detention centres (http://www.smh.com.au/federal-politics/political-news/legal-action-against-nt-government-to-be-stepped-up-following-four-corners-footage-20160726-gqe4sb.html) as a media article, but i'm not quite sure how to integrate it into my argument. Like do i talk about the ineffectiveness of the legal system (penalties for children) when dealing with young offenders?
Quick question, how would i study for the family unit and also how would i answer this question
Explain why the emphasis placed on the best needs of the child by family legislation is a reflection of the rule of law?
Rule of law means procedural fairness and no one is above the law to me but how does the emphasis placed on the best needs of the child a reflection of this ?
Hey guys was wondering if anyone had some notes on bail ( its reforms and such )
Thanks
How should I answer this question in order to ensure I get full marks (25 marks total)
Describe and evaluate the role of alternative dispute resolution methods in settling conflicts and encouraging cooperation in society
I know I must refer to mediation, arbitration, etc but what else would I need to refer to?
Thanks
Hi guys!
I was wondering whether you think it would be worth trying to construct arguments around the themes and challenges for the nature of crime? It seems to me that most of the multiple choice questions are drawn from this section, but not any essay questions!
Thanks :)
Hey BParker!! ;D the Nature of Crime is very much a dot point about establishing foundations, setting you up with some terminology, etc etc. It isn't the focus of any essay questions simply because:
a) Such an essay would be boring
b) There isn't enough there to discuss objectively, it would just be regurgitating facts
So it isn't worth it (in my opinion) to prepare anything for an essay in that area, you can essentially ignore it beyond the Multiple Choice section ;D is that what you meant by your question? If you are referring to the Themes and Challenges in general then this article might be worth a read!
Hi, I was just wondering what is the proper way to refer media articles in an essay? Do I write the whole title, the date and the publisher?
Hey cjrig!! Welcome to the forums ;D
You can vary a little bit, but in general you will want all of that information in some form, so for example:
Articles such as "This is a Newspaper" (Sydney Morning Herald, 2016) indicate that newspapers produce articles.
You can also cite quotes from media articles in this manner:
Chief Justice Bob Bobinson weighed in on the issue, saying "Yes, newspapers definitely write articles" (Sunday Telegraph, 2016).
I hope this helps! ;D
Thanks! Just got one more question.
So it would be okay if I use a quote without stating the title like you did in that Chief Justice quote? It would relieve some pressure as it can be a bit hard memorizing so many article titles!
Hi, could i just have a quick explanation of jus cogens in relation to international crime?
Hi, could i just have a quick explanation of jus cogens in relation to international crime?
Hi. At school we have to compare the US electoral system with Australia's
but I'm confused on how the preselection of candidates works for both countries?
Hi, i was just wondering what role did the extradition treaty play in the Bali Nine Case?
Thanks :)
Hi i was just wondering how you studied for the contemporary human rights issue? the issue i studied is human trafficking and while the textbooks have lots of information regarding the legal and non legal responses to the issue, the HSC questions dont typically ask for the effectiveness of these responses and i when i'm practicing past hsc questions i find that i don't have any information to answer the questions.
Hi Elyse:)
I have a last minute question to do with Family Law before trials!
When talking about the ineffectiveness of divorce, and you want to make a point/paragraph about the ineffectiveness of property division; what would you include and how would you refer to criteria?
Thank you so much
xx
Hi Elyse:)
I have a last minute question to do with Family Law before trials!
When talking about the ineffectiveness of divorce, and you want to make a point/paragraph about the ineffectiveness of property division; what would you include and how would you refer to criteria?
Thank you so much
xx
Hey guys, i was wondering what are the best ways to study for option topics?
Thanks
Hey guys, i was wondering what are the best ways to study for option topics?
Thanks
Hey
I was just thinking about the exam, and the section that most scares me is crime! it has the most marks in it, but i have no idea how to study for it. Do i need a law and case for every dot point? the trials Crime question has really scared me, and im just not sure how to make sure im ready for any crime question they throw at me. If they ask broader questions like Young offendes, international crime etc, but if they get really specific like they did in trials im lost.
any help would be greatly appreciated :)
Hey i thnk a while back Jamon wrote a post on how he reccomends studying for legal, can anyone link it for me!
Thankyou
Heya! Check out these here.
This is Jamon's guide on how to get a band 6 (involves study tips!).
Here is a guide to the course, which I think you'll find really useful for your question about crime scaring you!
Here is the guide for how to study.
Here are 7 legal mistakes to avoid!
Finally, here are the themes and challenges for crime and human rights, which will help a lot for your study and your notes!
Guys do you think excel legal studies is worth using?
Hi Legal Studies nerds!
I have a question that my Legal class has been discussing quite a lot recently, especially as the Olympics are on at the moment:
In a team sport/relay, if one member gets caught for doping, is the whole team then disqualified, or stripped of their medals if it's after the event?
Do you guys think that Australia is a safer place after the mandatory Howard buyback scheme (under the gun law reform)?
I can't really think of anything other than that it has reduced the amount of deaths and massacres in Australia. Also keeps kids safe from guns
Human rights Q - what rights are breached by the use of child soldiers? :/
I wanted to ask for the legal essay marking can reports be marked as well?
Hi Elyse:)where is the "themes and challenges" page?
Thank you for uploading the themes and challenges page. :)
What agruments can i make with the themes and challenges "law reform".
Also what cases and legislations can i include for law reform.
Thank again :)
Hi Elyse:)
Thank you for uploading the themes and challenges page :)
What agruments can i make with the themes and challenges "law reform".
Also what cases and legislations can i include for law reform.
Thank again :)
Hi Christian!
Law Reform is a very broad theme and challenge - applicable to all topics in our hsc course (depending on electives of course). I assume you're talking about crime however and it is very possible that a hsc question could specifically zone in on law reform; i would wager that this would be on one subheading though e.g. trial, investigation processes / young offenders.
Generally from what i've seen questions focus on evaluating the role of law reform or its effectiveness in achieving justice. Thus, you may wish to structure a response around reforms to certain aspects of the crime syllabus and how they achieve justice for the victim/offender/society. In most essays you will be required to make a judgement on how effective this reform is. A popular method to do this is to take both sides (as most good essays do) in condemning the nature of law reform as only responsive to certain events that violate human rights. Remember that the law is a reflection of societal values (linked with another theme and challenge) and therefore is contextually limited - you may need to refer to the circumstances surrounding reforms e.g. patriarchal values so the marker fully understands the purposes and influences upon such changes.
Some examples
R v. Skaf (2004) - this was on elyse's slides and resulted in reforms to aggravated sexual assault in company
R v. Loveridge (2013) - One punch law case that resulted in mandatory sentencing as set out in the Crimes Amendment (Assault/Intoxication) Act 2014
The various amendments to the Bail Act - the 2007 amendment regarding presumption against bail for domestic violence offenders (in response to the case of Trish Van Koeverden) and the 2013 Amendment (in response to the rise in terrorism) which created an unacceptable risk test to protect the societal right to safety.
Hope this helps ;D
Yeah I totally agree with what essej can written above. His response is actually very insightful coming from 1st place in legal studies.
Also I was going through the 2012 papers sample answers and for assessing the criminal trial process it noted "VIS can sway punishment outcomes." I've never heard of VIS and google didn't provide any answers, does anyone know what it is/regard it as important?
Can someone explain statutory and judicial guidelines? I looked it up and found heaps of confusing discussion over new reforms?
cheers x
Also I was going through the 2012 papers sample answers and for assessing the criminal trial process it noted "VIS can sway punishment outcomes." I've never heard of VIS and google didn't provide any answers, does anyone know what it is/regard it as important?
Also I was going through the 2012 papers sample answers and for assessing the criminal trial process it noted "VIS can sway punishment outcomes." I've never heard of VIS and google didn't provide any answers, does anyone know what it is/regard it as important?
Hey! Is this in regard to sentencing? ;D
If so, the answer is fairly straightforward. Statutory guidelines are sentencing guidelines contained within legislation such as the Crimes Act. For example, S18 of the Crimes Act 1900 (NSW):
Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.
The guideline specifically are in bold. These guidelines are binding on all jurisdictions, decisions made by judges in sentencing must abide by legislative/statutory guidelines.
Judicial guidelines instead come from decisions made by other judges (aka, precedent). Officially, this takes the form of guideline judgements, decisions made previously that are used as a guideline for subsequent decisions. However, it can also refer to precedent in a general sense.
Jake's link above has you set, for our purposes just know what a Victim Impact Statement, where it comes into play, and why it is relevant. It is a good piece of evidence for essays on balancing rights and/or sentencing ;D
Jake's right and he's linked to a really good guide for it all. Consider also looking at the law reform that has allowed victim's to provide their impact statement outside the court room or via CCTV footage (I believe that the R V Skaf case lead to this, or prompted this, and from memory there was another reform on VIS starting June or July 1st in 2015). Family of a homicide victim can also provide the impact statements sometimes. There's a lot of critiquing to the victim impact statements out there too, heaps of media critiques. For example, if a murder victim died but they have no family, they don't receive the benefit of the the victim impact statements - they mightn't even receive one at all, which creates an inequality in the system. There's also a critique that because the victim impact statements is delivered before sentencing, it may sway the sentencing to be more harsh because of how emotional it may be (as you suggested above).
For the reform which allows them to give the statement via technology, is the point to allow them to present it without having to see the accused? Also, in regards to evaluating restorative justice, I haven't found any solid research suggesting victims are pleased or that it decreases the risk of reoffending. Have I missed something?
I was wondering what would be some good cases to use that would support the advantages of the jury and some cases
that would support the disadvantages of the jury?
I was wondering what would be some good cases to use that would support the advantages of the jury and some cases
that would support the disadvantages of the jury?
Is this question asking for me to refer to the Martin Bryant case?
For question 1 is the answer a?
Also for 3 is the answer A or D?
Hi I was just wondering how many pieces of evidence (legislation, cases, media articles, reports etc.) would you recommend per option essay. Thanks :)
can we make up articles from SMH, because that's what I did in my trials but not sure if they realised
World order Q - can you use the acronym "R2P" for Responsibility To Protect after the first time, or is that too colloquial? (On another note, try handwriting "responsibilities" fast. See if it looks like English 😂)
do we have to know the history of the development of human rights
What does legal binding mean
If it's in the syllabus yes, if it's not in the syllabus then no
It is stated in the syllabus but do we need to know extensive detail about each development ?
im looking at my textbook and the notes that I received from a lecture and I want to ask
is equality between men and women under ICCPR or ICESCR ?
the textbook and the notes say different things
do we have to know the history of the development of human rights
im looking at my textbook and the notes that I received from a lecture and I want to ask
is equality between men and women under ICCPR or ICESCR ?
the textbook and the notes say different things
I guess the more the better
ohh thanks both
and also for a question that says “With reference to one contemporary human rights issue, explain the role of state sovereignty in enforcing human rights” can we just talk about domestic responses or does it have to be like any international state sovereignty?
im looking at my textbook and the notes that I received from a lecture and I want to ask
is equality between men and women under ICCPR or ICESCR ?
the textbook and the notes say different things
but in the textbook there's nothing about state sovereignty in the contemporary human rights issue of human trafficking ?? or is it part of international response?
yes please I want to come where can I book a spot
thank you soo much, makes way more sense now!!
and is the legal studies revision lecture on the 2nd the same as the 1st Oct? 2nd is my bday and kinda don't want to do any work on that day lol
ohh thanks both
and also for a question that says “With reference to one contemporary human rights issue, explain the role of state sovereignty in enforcing human rights” can we just talk about domestic responses or does it have to be like any international state sovereignty?
When/how is everyone planning on learning case law for the core? Legal is my last exam but there's only a day between it and the exam before so I'm worried if I learn them now, I'll have forgotten them by the 2nd of Nov.
I would talk about domestic responses that enforce the contemporary human rights issue (that have been put into place by the sovereign government if any), and then how state sovereignty in an international context constricts enforcement of human rights issues that occur domestically: as states are free to govern themselves and may choose, because of the lack of enforceable measures against them, to ignore the human rights breaches
what does express and implied rights mean in simple terms ?
I know the ICESCR & ICCPR were introduced in 1966, and entered into force in 1976 - so which date should we attribute it to in essays??
Hey guys,
I have a question about legal essays and I'm using the family option as an example.
Say I was talking about adoption in a family essay and i was discussing how the current process is lengthy and there is currently law reform to speed up the process. If I have a media article claiming that there are lengthy delays and that there are too many children out of care but I have another article claiming that a mother has unfairly lost her children due to the "fast track adoption amendment", should I discuss both cases with both pieces of evidence or should I choose one that supports my argument. For example, should I just argue that the current adoption is ineffective and use the first media article to support this?
If I was to discuss both sides of the argument, how would i do this? Like, how do I form a judgement without being contradictory if that makes sense.
Thanks heaps :)
Hey Angie! Great question!
The answer is simply that your entire essay must re-enforce your main argument. If you started your paragraph in one way, you must carry that through, no contradictions. The answer to this is to leave room to wiggle in your topic sentences and your Thesis. Phrases like, "there are both positives and negatives that can be gleamed from _________," or, "is only somewhat effect in achieving ________." Notice how these leave me room to address both sides of the argument, because my argument is sort of neutral!
If you are looking to address two sides of something like you describe, this is my best piece of advice: Leave wiggle room when you introduce the argument in the first place. If you don't assume one specific side of the argument, then you aren't contradicting yourself ;D
Thanks Jamon! That clears things up a lot.
Do you suggest having a two-sided judgement?
If the question was "To what extent does the legal system achieve justice...?" and using the adoption example above, would your thesis/topic sentence be something like "The legal system achieves justice to a great extent through fast tracking the adoption process. However, in some cases, parents are left with a detrimental outcome"
Hi everyone,
So I was going through some past questions for the option topics and I have a question about essay approaches.
The attached questions were the themes and challenges for family. For question b would it be better to go through one contemporary issue thoroughly (ie surrogacy and birth technologies)? Or would it be better to go through two contemporary issues? I’m just worried that if I only go through one it looks like it don’t know my stuff.
Thanks first! ☺
Hi everyone,
So I was going through some past questions for the option topics and I have a question about essay approaches.
The attached questions were the themes and challenges for family. For question b would it be better to go through one contemporary issue thoroughly (ie surrogacy and birth technologies)? Or would it be better to go through two contemporary issues? I’m just worried that if I only go through one it looks like it don’t know my stuff.
Thanks first! ☺
Can I use websites for evidence rather than laws/media/cases? e.g. the ICTY website?
Hi !
I was just wondering if anyone knows any good cases that i could use for the contemporary issue in human rights, Child soldiers?
Thanks :)
Hi Elenaa!
My contemporary issue is also child soldiers so would be happy to help. Since a contemporary issue question in short answers would be worth maximum 8 marks, it isn't really necessary to prepare more than 2-3 cases. In terms of case law, I use the international criminal court cases of :
Prosecutor v. Lubanga (2012):I would prioritise this one, easy to find more points for/against effectiveness (he was the first to ever be succesfully tried and convicted by the ICC but it took 6 years for him to be sentenced)
- more info https://www.icc-cpi.int/iccdocs/PIDS/publications/LubangaENG.pdf
Prosecutor v. Ntaganda (2014): https://www.icc-cpi.int/drc/ntaganda/pages/alleged-crimes.aspx for more info :)
Do we need specific examples for world order (laws, media, cases etc) or are case studies okay to use as well?
I'm not quite sure what you mean by this? For World Order, you'll find that specific events/cases like East Timor, or North Korea, will serve you well as giving a practical application of the international tools available. So I'd study a few of those bigger ones, but also know the tools and conventions of the world order syllabus really well. They are essentially what you will be analysing, and you're just using the cases as practical applications of those tools (whether or not they were effective). Media is also a great thing to have! If you are trying to be smart about it, I'd find some articles that give opinion on the UN and it's tools and resources, and maybe one or two for your cases, rather than trying to find news-like articles which you'll find harder to apply for something like World Order, which usually gives you a lot of freedom in your essay (unlike 2015 Crime essay).
Thanks for the tips! I meant the specific LCMT or whatever it's called - I'm using the Gulf War & asylum seekers as case studies, but the only real evidence to use is media articles - most of them don't have specific laws or court cases attached. If that makes more sense.
Hey, i was wondering if someone could explain to me what "veto power" is. Apparently it is held by member states of the UN security council.
Thankyou!
So the P5 on the UNSC all have veto power! This means that when an issue is brought forward to agree on amongst the Permanent 5 members, and they all have a vote in favour or against, if even just one of the 5 members says no to the proposed action, then it doesn't go ahead. This is called veto. There's a lot of debate about veto power! I always find that http://www.debate.org has the best resource on this in simple terms, but you can find others on the internet easily. This is the debate.org one! :)
Hi Elenaa!
My contemporary issue is also child soldiers so would be happy to help. Since a contemporary issue question in short answers would be worth maximum 8 marks, it isn't really necessary to prepare more than 2-3 cases. In terms of case law, I use the international criminal court cases of :
Prosecutor v. Lubanga (2012):I would prioritise this one, easy to find more points for/against effectiveness (he was the first to ever be succesfully tried and convicted by the ICC but it took 6 years for him to be sentenced)
- more info https://www.icc-cpi.int/iccdocs/PIDS/publications/LubangaENG.pdf
Prosecutor v. Ntaganda (2014): https://www.icc-cpi.int/drc/ntaganda/pages/alleged-crimes.aspx for more info :)
would they potentially ask something as specific as "the role of juries" in the crime essay?
Is there a good spot to find past legal studies trial papers?
Hi lovely people :)
Under the sentencing dot point in crime, what is the role of the victim in sentencing? Is it just through Victim Impact Statements?
That's the main thing. Have a look at the R V Osland case (I think Australian Story did an interview with Heather Osland). It was a DV case and Osland talks about how in giving her VIS, she froze and could hardly recall things correctly because she was faced with her attacker. Since then, and since the R V Skaf case at the turn of the Century, there has been call to allow for VIS to be delivered via footage, so that the victim is not in the room with the criminal. Also, there is discussion about how fair VIS really is - is it a matter of who can play into the judge's emotions best? and what about murder victims who don't have a family to deliver the VIS on their behalf - then what?
Lots of things to think about with victims :)
Wow, I never knew that VIS could have negatives as well. That's really interesting, I'll be sure to look into it :)
But since VIS are optional, why might a victim abstain from giving one (Besides cases like R v Osland where delivering it might be traumatic)?
Can the ICJ give binding judgements and do countries not always abide by these rulings?
what is one international human right which is also stated under domestic law/common law
thank you!
and for a question that says 'extent to which law reflects moral and ethical standards', what could I talk about
for the crime essay, I realised its only 15 marks, how much should words should we aim for this section and how much time?
+ are there any terrorism laws for young offenders ?
is selling alcohol to people under the age of 18 a strict liability offence or public order offence
and is embezzlement a summary or an indictable offence
and how can I answer this question 'With reference to ONE example, explain how law reform has assisted in protecting human rights'
In the 2015 HSC Family Option question "To what extent is law reform regarding alternative family relationships a reflection of changing values?", could you discuss changes to divorce laws or is that not an alternative family relationship?
Thanks :)
Definitely a possibility! In the Trials there were questions on 'defences to murder' specifically; they can push specific stuff! Last year was Transnational Crime, which was quite specific, so I personally think it is less likely they go specific again, but you never know :) just an fyi, the only part of the Crime syllabus which hasn't been assessed is Young Offenders... Perhaps too soon for so specific again, but you never know ;)
In my Trials exam the Crime essay was on Young Offenders - something alone the lines of 'Compare the treatment of children and adults in the criminal justice system.'
Ohh I like that question, specific topic but broad in how you approach it. I think that something like this is a real possibility; Evaluate the effectiveness of the criminal justice system in achieving justice for young offenders. :)
For international law, are there any other limitations... apart from the obvious "state sovereignty"?
For international law, are there any other limitations... apart from the obvious "state sovereignty"?
Can someone please explain to me what the difference is between ratifying and legislating an international document? For ages I thought ratification was agreeing to be legally bound to a document, so any human rights abuses pertaining to that treaty would be outlawed and punishable.
But in my notes it says that in Australia it's not enough to ratify a treaty - they are only binding if they are enacted into domestic law ?? I'm confused
If that's the case then why do some countries ratify documents but not legislate them? Seems a little pointless to me
Hey hey! So that statement is correct, and it's because Australia has a dualist legal system. What that means is that the laws we ratify aren't automatically enforceable domestically. Our international and domestic laws are not one; they are separate entities, and only domestic laws are enforceable. There are some countries where ratification makes the laws immediately enforceable (like France I believe), but that is not us. We need to actually legislate on the issue through an act of parliament to make it binding.
As to why governments ratify but don't legislate? It's lip service to the international community. "Yeah, we'll ratify this, it's all sweet, we're playing by the rules." And then they won't legislate or will not legislate to the same effect. Note that this is massively bad conduct and so doesn't happen a massive amount, but you are right! It is a little pointless :P
Sorry I know I've asked for this before, but I'm getting a little bit desperate.
Does anyone have anything they could offer about the Workplace option? I really don't know enough to go into the HSC with it.... :-[ :-\
Any tiny bit of help here would be excellent...thankyou! :)
I didn't do the course, but these notes are free to download in our Notes section! :)
Is the human rights council (UN body) an IGO? For some reason I have it down in my notes as that... is this correct to your knowledge or did I make a typo, haha
Hey there,
"The Human Rights Council is an inter-governmental body within the United Nations system made up of 47 States responsible for the promotion and protection of all human rights around the globe."
Hope that clears things up :)
Also in an international crime essay, can you refer to transnational crime as well? or is that completely separate?
Also in an international crime essay, can you refer to transnational crime as well? or is that completely separate?
Yes you can, transnational crime is one of the categories of international crime (the other of course being crimes against the international community) :)
In legal essays, when it asks for "What extent", "Assess the effectiveness..." , what should you write as your judgement if you want to talk about how the law is both effective and ineffective.
Should you write "the law is effective to a varying degree" or is that wishy washy?
Hey guys, sorry not sure if this is how you're meant to ask questions on thread - kinda nooby.
Anyway, I'm good for understanding the topic and content but when it comes to the 25 markers - more so than the 15 marker crime - I really don't know like HOW MUCH to write? I can write heaps, I just don't know when this becomes too much. That doesn't sound problematic in theory, but when I study I think about - " what would I write for this question, etc" and for example (particularly with W.O where it's less LCM and more Case e.g Syria) I at times feel like I don't have enough LCM?
I know it's all varied " how long is a piece of string," but like as a rule of thumb... ? For example, responsibility to protect doctrine emerged fom 05 world summit as a response to 1994 genocide - the rest is explaining it in practice? Is thus sufficient?
TLDR; trying to prepare too much content can be my downfall - teach me what the bare minimum is to still do well :)
Hey hey! Welcome to the forums! ;D you are definitely doing the right thing ;)
Okay so normally I'd go into the "How long is a piece of string" thing here, but here is a very rough guideline. If you are aiming for the top marks (Band 6 range, and you should always be aiming high), you'd need to get fairly well into your second writing booklet. If you have small handwriting, perhaps less, but still into that second booklet. I don't think I've ever seen a strong Band 6 essay that didn't crack a second booklet; so that's where you should be aiming. That's not to say it can't happen! But getting into the second booklet would be minimum, ideally about halfway through for me (I have slightly larger than average handwriting). All of my 20/20 essays filled roughly 2 booklets, give or take half a page :)
That example you gave is the perfect level of detail in my opinion :) :)
Just as a side note, remember that this doesn't work in reverse. Transnational Crime questions cannot include 'Crimes Against the International Community' ;D
Another question, what did you do to make your evidence stand out? Like I normally underline cases/legislation etc, but I had another teacher suggest I highlight everything... is that even allowed??
So would that be around 5-7 pages?
"The law is effective to a varying degree" is a great phrase to use! As long as you then clarify what you mean, so say when it has been effective and when it hasn't! ;D
Hi guys!
Just wondering for the themes and challenge dot point of compliance and non-compliance, what would you talk about for the crime essay? I was thinking compliance with police powers and maybe incorporating bail legislation, but not sure whether that is what it asks of you. Would it require discussion about the reasons why people commit crimes etc?
Thanks :)
Thanks Jamon :) So would you say for example "The law has been effective to a varying degree. It has been effective in the providing justice through juries,... but ineffective in the areas of sentencing..."
What would you say for areas such as bail which have both negative and positive aspects?
Okay great - thank you :)
So even if, for example, the question was on 'the Changing nature of parental responsibility'
- for the full 25'er, in my plans i have FLA, 1995 reform, 06 reform - conceptual criticism, no real plans, Goode V Goode Case, just in that it established no 50/50 time, and the paradox of responsibility not providing adequate care and protection where decisions are enforced not in BIC e.g Rosa V Rosa. I suppose it depends how well I can elaborate on a question?
Also, side question, someone asked about compliance and non compliance - I've semi ignored it because I VAGUELY get how to answer that but it doesn't seem beefy enough as a question theme? Would it be more integrated? In essence, is compliance just enforceability? Could you just use that as a synonym in discussion.
Okay great - thank you :)
So even if, for example, the question was on 'the Changing nature of parental responsibility'
- for the full 25'er, in my plans i have FLA, 1995 reform, 06 reform - conceptual criticism, no real plans, Goode V Goode Case, just in that it established no 50/50 time, and the paradox of responsibility not providing adequate care and protection where decisions are enforced not in BIC e.g Rosa V Rosa. I suppose it depends how well I can elaborate on a question?
Also, side question, someone asked about compliance and non compliance - I've semi ignored it because I VAGUELY get how to answer that but it doesn't seem beefy enough as a question theme? Would it be more integrated? In essence, is compliance just enforceability? Could you just use that as a synonym in discussion.
So trying to study for legal has hit me pretty hard... Im okay with content, and i know how to form arguments and all that stuff...
Problem is im dead with cases, media, legislation etc. I cant for the life of me memorise all these stuff (nor find them :( ) cause i have really bad memory. Ive tried palm cards, but they just dont work for me. I cant even get myself to memorise the dates associated with the legislation, year of articles and that type of stuff.
So my question here is how do people actually study? I know my content well. But i struggle in LCM's bit. Any suggestions?
And second question, how many LCM's should i have for Crime and my Options. How do i know where im meant to have one and where im not?!?! :(
Hey!
Just wondering if we should thoroughly know all of the contemporary issues in the option topic (family and world order for me) or just know at least 2?
I'd be lying if I said I knew all of the family law contemporary issues equally well! I didn't! Same-sex relationships was by far my favourite. In saying that, the syllabus says: Issues that MUST be studied: and then goes on to list them. So it's not a situation of "learn one from the following" - they are saying, know them all! But, I didn't know them all equally well. For World Order, I found it was easier to know them all in detail because I think that syllabus is far more interlinked...just my opinion :)
So to answer: Yes you need to know them all, but, just like any syllabus, you'll probably know some sections more than others. Do your best! :)
Hey Legal Forum.
In regards to the crime 15 mark essay is it a waste of time to include a definition of crime in your introduction? (With the crimes act)
Thanks
Hey Josh! Welcome to the forums! ;D
Essentially, yeah, a bit of a wasted sentence. Your marker knows what Crime is; get straight into your arguments and analysis! :)
On that note, how long should a crime essay be? (Words/page wise)
Hey guys,
For the short answer section on human rights and specifically the developing recognition of human rights; how in depth do we need to prepare for this section? What is the highest mark that a question could be? I have a feeling that I might be going overboard on this section. What would be the recommended amount of information on this section? (Definition, case law, statute, international treaties - I tried to have a few of each for each dot point)
Thanks guys :)
I think approximately 600 words (maybe 4 pages - depending on your hand writing size) is pretty standardly recommended :) Admittedly, I probably wrote closer to 5 or 6. Messy hand writing is definitely to blame for that.
Also how much time should I allocate to the Crime essay. They reccomend 30 minutes but is that enough to get full marks? I admitably spend a lot more on it.
Hi!
Just wondering for this question, Evaluate the effectiveness of the law in protecting victims of domestic violence, is there anything else i could talk about other than AVO's, criminal charges and family court injunctions?... or is that enough?
Thankyou!!!!
Hi Elenaa!
You've definitely covered heaps (I know AVO's are huge and easy to go on about - so you could be fine as is) but i'd also suggest, if you're struggling for ideas:
- Amendments to the Bail Act in 2003 known as "Trish's Law" (DT, 2003) after a woman was shot dead by her husband who was out on bail.
- Remembering that children can suffer greatly from domestic violence also, you could use the the Children and Young Persons (Care and Protection) Act 1998 which gave a broader definition to abuse as encompassing emotional/psychological as well as the physical aspect. It also placed a legal obligation for certain people e.g. doctors and teachers to notify NSW community services if there is reasonable grounds to suspect child abuse, creating an additional duty of care.
Hope this helps !
Hello! I am doing a past paper (I have only really just started studying for legal- as I have been swamped with my other exams- but I have written up all my summary notes so I now just have to memorise and practicee...)
And this question,'How effective are legal measures within the criminal justice system in achieving
justice for individuals? Refer to at least ONE current criminal justice issue to support your response. ' , is confusing me. I really don't know what a current issue within the criminal justice system would be? I mean aren't most of them current? This is probably a really dumb question.
Also, how many cases, legislation and media ect would you recommend memorising?
Thanks,
Kass
Thanks Essej ! :D and also if i talk about the two points you mentioned, how would i incorporate it in my essay, like what body paragraph/idea would it be under?
Hey Kass! That's a bit of a strange one; what paper is that from?
It doesn't really have any grounding in the syllabus is what's weird about this, but an example of how I'd interpret that would be terrorism. Right now, a very contentious legal issue that is causing lots of discussion, spurring lots of law changes, and seeing quite a few investigations and prosecutions. Therefore, it's an issue you could discuss. So I suppose I intepret it in a grand sense; what is something the legal system is dealing with/adapting to in the current climate? :)
It is from the 2010 HSC Paper .... I thought so too! I struggled because I thought it was strange.. maybe it was from an older syllabus? The sample answer said victims rights/ appeals/ prosecuting white collar crime counted as a current issue.... mmmm may disregard this question before it just confuses me more hah
So you could definitely place protection of children in its own paragraph, stating something like "the legal system makes sufficient/ineffective attempts to meet its obligations under the UN Convention on the Rights of the Child through..." and sustain your judgement throughout :)
Not too sure about bail to be honest :-\ - if you structure your paragraphs based on effectiveness/ineffectiveness then it really could go under any, but you have to ensure your stance is clear; have the bail laws now achieved justice for victims of DV? Or is it a limitation of the legal system that such social backlash from incidents of DV (murder of TVK) are required in order for the law evolve and ensure just outcomes for victims?
Hope this helps ;D
Hi everyone,
I am a little confused between the differences between robber and larceny.... could someone please help differentiate the two? :)
Thank you! :D
I'm a bit rusty, but I believe that robbery has the use of forced, whereas a larceny doesn't. If the use of force is assisted by a weapon (this could be anything from a screw driver to a gun) then it is classes as armed robbery :)
Larceny - without force
Robbery - force without weapon
Armed robbery - force with weapon
^ All involve the taking of someone else's property :)
I'm a bit rusty, but I believe that robbery has the use of forced, whereas a larceny doesn't. If the use of force is assisted by a weapon (this could be anything from a screw driver to a gun) then it is classes as armed robbery :)
Larceny - without force
Robbery - force without weapon
Armed robbery - force with weapon
^ All involve the taking of someone else's property :)
Thank you :D My teacher told me that robbery was stealing directly off a person, while larceny was stealing not off the person? I have had a little look in the NSW crimes act 1900 and it did say that:
Whosoever:
robs or assaults with intent to rob any person, or
steals any chattel, money, or valuable security from the person of
another,
shall, except where a greater punishment is provided by this Act, be
liable to imprisonment for fourteen years.
That's the same interpretation, because if you want you want to take from someone directly, you require the use of force! ;D
oh...but what if you pick-pocket someone? :D
Don't stress too much about this by the way, the HSC won't push a little subtlety in definition like this ;D it's great that you are considering it though!
Hey Elyse, i was just wondering how to fully prepare for the option topics. The questions are scattered and are too specific (from past papers), how should i approach the option questions?
It's a little complex in NSW; you'll find explicit definitions of robbery in other states specify the use of force. NSW kind of distinguishes that as well, but they do also distinguish pickpocketing (stealing from the person) from larceny too. So it's a complicated one :P
Don't stress too much about this by the way, the HSC won't push a little subtlety in definition like this ;D it's great that you are considering it though!
I am a bit rusty with my legal ( havent touched it since ive been revising eco/legal ) and was wondering for crime how much of the syllabus should i bother to re visit, my multiple choices seem fine ( averaging 17+), and i have essay plans for each of the 5 units for crime.
Thanks
Hey, when you say the questions for the crime 15 marker wont be sourced from the chapter "The nature of crime", does that mean they won't ask a question in regards to categories of crimes? Thanks!!
Thanks Jamon!
Also, can i get some clarification on this MC
Solutions say D, but i thought if the accussed enters into a charge negotiation it skips the whole trial process in general ( since accussed is guilty, no need for trial to prove guilt )m so why would the judge have to consider it
Or does it mean consider as in consider its weight in reducing the sentence for the accussed ?
Could they ask a Themes and Challenge question in regards to a specific area of a topic? Such as "Discuss the role of discretion in the criminal trial process?". Or would they always use themes and challenges in a broad sense?? Such as "Discuss the role of law reform in the criminal justice system?" Because if they specify it then I think I would freak out hahah! Also this question applies to the themes and challenges in my elective topics; Family and Shelter. Thanks!!!
Hey guys, im wondering if anyone has harder examples of HR questions that they can share for practiceI don't have questions on the top of my head but I'll suggest a few things that I was confused about in my own legal study, but managed to iron them out before the exam. In case you struggle with similar things I'll put them here:
Thanks
Could they ask a Themes and Challenge question in regards to a specific area of a topic? Such as "Discuss the role of discretion in the criminal trial process?". Or would they always use themes and challenges in a broad sense?? Such as "Discuss the role of law reform in the criminal justice system?" Because if they specify it then I think I would freak out hahah! Also this question applies to the themes and challenges in my elective topics; Family and Shelter. Thanks!!!
I am unsure as to what parts of the syllabus this question is drawing from, is it talking about 'alternatives to court' in young offenders and 'alternative methods of sentencing including circle sentencing, restorative justice' in Sentencing and Punishment?
To what extent are courts the only means of achieving justice within the criminal justice
system? (HSC 2012)
I am unsure as to what parts of the syllabus this question is drawing from, is it talking about 'alternatives to court' in young offenders and 'alternative methods of sentencing including circle sentencing, restorative justice' in Sentencing and Punishment?
"To what extent are courts the only means of achieving justice within the criminal justice system?" (HSC 2012)
Also am unsure about this one.
"Explain the tension between community interests and individual rights and freedoms within the criminal justice system." (HSC 2011)
Is it drawing from the entire syllabus and focusing on the 'Themes and challenges' as it is not a very common theme?
Thanks :)
I am unsure as to what parts of the syllabus this question is drawing from, is it talking about 'alternatives to court' in young offenders and 'alternative methods of sentencing including circle sentencing, restorative justice' in Sentencing and Punishment?
"To what extent are courts the only means of achieving justice within the criminal justice system?" (HSC 2012)
Just wondering how would i best study for option topics ? Just have essay plans ?
Also what are the odds on a court achieving justice question even though odds are on young offenders ( probably my weakest area for crime and family )
Would it be possible for you to check my scaffolds if i post em here? Not sure if i have enough detail etc also havent touched them since trials
Thanks
Hey, what are law reform essay questions should we study for the crime question?
Be sure you can talk about law reform for all of the main sections of the Crime syllabus; Trial, Investigation, Sentencing, as well as Young Offenders and International. They've not asked about law reform in ages, so it's a definite candidate for any/all of these areas ;D
Okay Thank You :)
By the way is law reform the main theme and challenge that we should study or are there other theme and challenges that have not appeared for a while?
Is it fine to not prepare LCM on small dotpoints? I've skipped these dot points but i do have general notes on them.
Criminal Investigation Process (reporting crime, summons/warrants, rights of suspects)
Criminal Trial Process (Legal representation, burden and standard of proof)
Sentencing and Punishment (types of penalties, post sentencing)
Young Offenders (Rights of children when questioned)
They wouldn't ever specify a question specifically on one of these dot points right? is it sufficient to just mention dot points together with other major dotpoints?
Thank you
Hey guys! :D
I am trying to figuring out the difference (if there is one) between charge negotiation and plea bargaining but I keep getting myself confused, fail haha!
Thanks in advance! ;D
Heyyyyy!! How would you set out paragraphs for a young offenders law reform essay question?
Thanks in advance
With great difficulty ;)
But seriously, I'd probably be looking at 3 key pieces of law reform that concern the area of Young Offenders. Young Offenders Act would get one of them; the other two would be up to your research and choices. At least, that's how I would do it.
To be honest, if I saw this question in my HSC, I would not have been happy :P
Has the criminal trial process been tested yet.. or is that a possibility for this year as well?
For Human Rights, do i need to know every single development of human rights ( abolition of slavery, peace rights, trade unions etc ) also in the exam how would i know if im meant to be talking about contemporary issue or development of human rights for example in my trial i had an 8 marker that said explain how changing values have been reflected in the promotion and enforcement of one human rights issues and a majority of my class was confused on whether we were suppose to talk about contemp or development
Hey Deng!
I do think its important to know the development of each individual right as they can ask you on it - I was lucky enough to have a question in my trial JUST on universal suffrage - however these sorts of questions wouldn't be worth more than say 4-5 marks. The marker just wants to see a progression with a few key dates; for reference, i used in my trial:
Universal Suffrage (Right to Vote):
- Women's suffrage societies in Australian colonies during the 1890s
- 1894 - SA women granted voting rights
- 1928 - British women given right to vote
- 1948 - UDHR Article 21 protects the right to vote for all people
For the other part of your question, i suggest looking at Question 24 on the 2013 HSC paper, pretty much the exact same question. The marking guidelines stipulate, for the full 7 marks for this question you should include:
- Reference to international instruments, human rights documents and domestic legislation which seek to enforce a particular human right issue.
- Reference to the role of various non-government organizations as well as print media, social media, film and television to illustrate the way in which changing values are reflected in the promotion of a human right issue.
When doing this, i looked at the issue of discrimination as it was easy to incorporate the evolution of statutory law (ie Racial Discrimination Act 1975) and International Law (UDHR) and how changing attitudes towards the aboriginal people, women and homosexuality etc. are reflected in the promotion/enforcement of human rights.
Hope this helps !
So, when you say you taked about discrimination youres saying you dont necessarily have to focus on a human rights issue that is part of the syllabus?
So for example i can talk about same-sex marriage and as long as i answer the questions i can still get full marks ?
Has anyone ever realised that if you accidentally misspell united it becomes the oxymoron?
(weird things happen when you study too much legal)
Would there be enough information for BOSTES to specify
Exaime the role of legal rep in the criminal trial
Evaluate the effectiveness of the jury system in the criminal trial
I've been hearing a lot about the Iraqi invasion into Mosul to get ISIS out of its stronghold. I thought this would be a really useful case for World Order. But I am not sure in what part of the syllabus I could discuss this?
Would there be enough information for BOSTES to specify
Exaime the role of legal rep in the criminal trial
Evaluate the effectiveness of the jury system in the criminal trial
I think that it work well pretty much everywhere! Just another case study that you can use, based on my limited knowledge I'd imagine it would be pretty versatile ;D
Thanks Jamon :)
With case studies, can you do a paragraph based on a case and discuss issues of sovereignty/ failure of UN.... or is it better to discuss the issue and support it with the example. Does this make sense?
Also, do cases such as Rwanda 1994, Bosnia 1995 count as contemporary examples? If not, would it be a good idea to still use them or would it be better to find 2015-16 examples?
I know none of the moderators had consumer law as their option topic but i was wondering if they knew how to prepare for it, the textbooks and my own resources/internet is fairly limited compared to my family and crime prep
Also, what are some good tips to rote learn essay plans from now till wednesday ?
Thanks
Do you mean like, issue based paragraphs, or case-study based paragraphs? Both work!! ;D totally depends on your preferences, I've seen 20/20's in both styles :)
Hmm, I'd say those are probably just a tad too old now, though you could use them as additional evidence! I like to keep my World Order examples fairly contemporary, the last 5-6 years if possible :) :) :)
Hi Jamon
I have this practice essay question - "To what extent does the jury system achieve justice?". So for this i handwrote my essay. So will it be fine if i talked about some of issues concerning Juries such as in Bilal skaf case. And what about charge negotiation, could i include that as well. Its really that i think i don't have enough cases and media to suit this question.
Thanks
Hey Jamon, i was wondering what the Jury AMendment Act (2010) provided, i thought the 11-1 vote came under the Jury (Verdict) Amendment ACt 2006 (NSW)
IF the essay was on young offenders and law reform and assuming it was an evaluate the effectiveness essay would these points be alright to talk about
--> Young Offenders Act 1997, link how that legislation was created due to growing societal concerns on the welfare of children (? not sure if that is the actual reason) and then talk about how it establised YJC, and the 3 tier system, statistics showing that it is effective in rehabilitating children and reducing recidivism
--> Bail Amednment Act 2013 and how it removed limitations on multiple bail applications for young offenders which was imposed by the Bail Amendment Act 2007 and then stat how the removal of the limitations saw an increase in incarceration
--> Third point would be the introduction of the Children's Court Act 1997 to better meet the needs of dealing with children in the CJS
Thanks
After we have prepared and memorised all our LCM for all topics what's the best thing to do?
Thesis statements and trying to make sophisticated arguments?
Just wondering should i bother having an extensive plan on international crime since it was asked last year ( i have a very brief plan of domestic + int responses to transational + international crime )?
On the balance of probabilities you should be okay to have just done some brief planning! :)
Can we all just take a moment to appreciate this pun
To score in the high A range for the options how many pieces of legislation/media articles/cases should you have per paragraph?
Hey guys, how many words is expected for a 25 marker, for example in 2015 the consumer option was very specific - NGOs/Media and the other one being regulation of marketing and advertising which are both short itself within the textbook
Hey guys, how many words is expected for a 25 marker, for example in 2015 the consumer option was very specific - NGOs/Media and the other one being regulation of marketing and advertising which are both short itself within the textbook
Does anyone have any information or good websites for the Kiesha Abraham case
Hey Jamon
Even though with my LCDMT, I still feel that I'm not making many points, at times being repetitive. Like lets say for the criminal investigation process, I talked about investigation of crime - on how the law has taken more stricter approach for community welfare but in many instances it may conflict with individual liberties. Also talked about detention and bail. When I'm making the evaluation at the end of each paragraph, i've stated the arguments that I described through my case. But straight after i did the linking sentence in which i evaluated, then moved to next paragraph.
So how should i expand on this generally before coming to the link.
the only thing is like I've got evidence but arguments doesn't seem to flow naturally. What do you suggest?
Thanks
Hey Jamon
Even though with my LCDMT, I still feel that I'm not making many points, at times being repetitive. Like lets say for the criminal investigation process, I talked about investigation of crime - on how the law has taken more stricter approach for community welfare but in many instances it may conflict with individual liberties. Also talked about detention and bail. When I'm making the evaluation at the end of each paragraph, i've stated the arguments that I described through my case. But straight after i did the linking sentence in which i evaluated, then moved to next paragraph.
So how should i expand on this generally before coming to the link.
the only thing is like I've got evidence but arguments doesn't seem to flow naturally. What do you suggest?
Thanks
Hi!
For the options (or even crime though I seriously hope not) if they ask about legal and non-legal responses how should we focus our essay? Should we discuss legal: non-legal as a 1 to 1 ratio or would it be okay in a four paragraph essay to have 3 legal and 1 non-legal? I just feel the focus shouldn't be on non-legal since it is LEGAL studies, not NON-legal studies, after all... ;)
Thank you!
Hi!
For the options (or even crime though I seriously hope not) if they ask about legal and non-legal responses how should we focus our essay? Should we discuss legal: non-legal as a 1 to 1 ratio or would it be okay in a four paragraph essay to have 3 legal and 1 non-legal? I just feel the focus shouldn't be on non-legal since it is LEGAL studies, not NON-legal studies, after all... ;)
Thank you!
Hi legal eagles !!
I have a question about the human rights topic, I don't understand what intergovernmental organisations and statutory authorities are...
Could someone please explain these to me and give me examples on how they promote and enforce human rights ?
Hey Scarlet!! Okay, let's get into those:
An intergovernmental organisation is an organisation that consists of multiple nation states, who "sign up" as members in order to discuss/address international issues. It is an organisation of multiple countries, essentially! An example is the North Atlantic Treaty Organisation, which is an IGO of countries in the North Atlantic. The organisation focuses on maintaining peace and economic prosperity. These IGO's can protect human rights essentially by peer pressure. For example, NATO has put a lot of pressure on North Korea for their human rights violations. If everyone in your organisation is against you, chances are you'll shape up.
A statutory authority is a body that is given authority/power by a statute/law. The Australian Human Rights Commission is an example, which was brought into power by the Australian Human Rights Commission Act 1986. The statute gives the commission power to investigate human rights issues and make recommendations to parliament. They assist in court proceedings as well. The ability of a statutory body like this to protect human rights? Do a bit of research into the AHRC, make your own call as to how effective they are ;D
To those above wanting a paragraph marked, I'm doing a mark run late this evening! Expect feedback by the morning! ;D
hi :) i was just wondering how to approach essay questions on compliance and non-compliance for the topic of crime, human rights, family, and world order.
Also, would you recommend memorising three general essays for crime, family, and world order?
Thank you!!
Welcome to the forums vip99! ;D
So compliance/non-compliance is about how effectively the law encourages citizens to abide by it. In general, this relates to:
- The ability of the law to act as a deterrence for bad behaviour (by individuals or, for world order, countries)
- The extent to which the law reflects societal standards
- The ability of the law to handle non-compliance in a way that suits the circumstance (justice)
And other things. For Crime, you could talk about things like:
- Deterrence in Sentencing
- The Investigation Process
- Crime Prevention Strategies
For Family, take a similar approach, perhaps focused on the issues of domestic violence? Compliance/non compliance would be tricky for a Family question, unlikely to come up.
For World Order however, compliance and non-compliance plays a large role. Talk massively about state sovereignty as a barrier to compliance, then just analyse things like UN, IGO's etc in terms of how well they encourage nation states to abide by international standards.
For memorised essays, I'd advise against it. Just too many things that could be asked, for Family particularly. I'd just be memorising lots of evidence! :)
Thanks Jamon I was a lot worried before.
Also can you please have a quick look at this introduction and first body.
Thanks for all your help, really appreciate it :)
Hey, it is okay if you can please mark this and give me feedback. R2P confuses me so much :(
Just wondering for the family law elective, if the question asks on contemporary issues, Is it fine to include domestic violence as one or does it have to be only from the four listed??
Hey ATARNotes! :D
I am so excited to have legal studies tomorrow as my last exam!!! One of my favourite subjects :)
I was wondering how you reckon we should study today, the day before? :D How can we most efficiently use our time today? Practice questions? Refine arguments?
Thank you ;D
Question re: world order - when evaluating the effectiveness of international responses to world order issues, is it okay to just focus on how well they've resolved contemporary issues specifically, and not really mention their past achievements? Basically I want to evaluate Sudan/North Korea/Syria conflicts but I'm not sure if I would also have to evaluate past conflicts like Rwanda.
Hey I'm not sure how I would approach a question on young offenders on compliance.
Such as "Assess how the legal system deals with problems of non-compliance among young offenders"
Thanks :D
Hey I'm not sure how I would approach a question on young offenders on compliance.
Such as "Assess how the legal system deals with problems of non-compliance among young offenders"
Thanks :D
Sure thing atar!Click Here for FeedbackResponsibility to Protect
As the sovereign powers of states allow them to neglect their responsibility to protect their population, R2P places a secondary obligation for international assistance. I feel like this could be expressed a little more clearly; who does the obligation lie with? That's the main piece of info that's missing for me. The idea is still clear though ;D This reform rose in response to the controversy that raged over wether the international community had the ‘right of international intervention’ in the conflict of Rwanda, Bosnia and Kosovo. Nice piece of historical context. Adoption of the new doctrine represented an international commitment by states to prevent and react to grave crisis wherever they may occur. R2P’s Pillar Two constitutes that the international community has a responsibility to assist the state to fulfil its primary responsibility. However, a speech given at the General Assembly Thematic Dialogue on the Responsibility to Protect 2009 outline the issues in R2P as an example of ‘dominant law making’ as the notions of ‘manifestly failing’ significantly sharpened the UN Charter Article 42. This feels like a critique without substance right now, since you've not done any analysis yourself, if you know what I mean? I'd prefer you to make your own points about effectiveness first, give me an example, THEN back it up with this sort of secondary evidence. Yet, the R2P’s effectiveness is demonstrated within Libya after the UNSC successfully ordered creasers of Gaddafi strongholds and enforced a ‘no fly zone’. How does this demonstrate effectiveness? Effective, why? Ramesh Thanker states in ‘Has R2P worked in Libya 2011 that, ‘The outcome is a triumph and first and foremost for the citizen soldiers. It is a triumph secondary for R2P’. It is successful as it abolishes the enforceability restraint that was perviously associated with the UNSC. Cool! There we go, excellent, would you have an example of this constraint manifesting elsewhere? Whilst R2P was effective in Libya, Syria represents a contemporary issue that has been ineffectively responded to, largely due to consistent veto’s by SC members. Thus demonstrating the ineffectiveness of R2P; remember to consistently link to the main idea explicitly! According to the Telegraph article, ‘UN no longer fit for purpose after Syria says Amnesty’ 2012 the Amnesty Security General states that the UN is ‘tired out of step and anachronistic’ as Russia has vetoed sanctions, arms embargo and referral to the ICC. Yet, in 2016 a recent BBC article, ‘Syria Conflict: US and UK rhetoric ‘unacceptable’ Russia, states that Mr Peskov acknowledged the truce deal had been ‘not very effective’, but insisted that Moscow ‘definitely remains hopeful, and most importantly it retain the political will to apply as much effort as possible to find a steady path for political settlement in Syria’ Excellent integration of media articles! This explicitly highlights the effectiveness of the R2P doctrine in attempting to create cooperation. You've presented a two sided argument; try and have a two-sided conclusion!
I think that you are covering the main arguments that would be essential in an R2P paragraph! Good discussion of paralysis by vetos, intervention in crises, etc etc ;D
Mostly my recommendations would be more on analytical style than anything else! Make sure you are consistently linking back to the argument you are making on R2P, and if you want to cover positives and negatives, make this obvious at the start and finish!
That said; I think you understand R2P very well! Nicely done ;D
What cases do you guys have for same sex relationships in family law?
How would you answer a question like this?
Describe the role of separation of powers in promoting and enforcing human rights in Australia.
In regards to the property (relationships) act 1984 (NSW) - Howard v Andrews: After Maurice Andrew's death, Matthew receives significantly less than a heterosexual patent would have automatically inherited
Shoes the ineffectiveness of recognising same Sex couples.
The Miscellaneous Act Amendment (Same Sex Relationships) Act 2008 (NSW) - W v G 1996: two women living together both wanted children. Later got separated and one of them sought compensation for the loss of promised finicau all support and was successful.
There is an SBS insight: Gay Marriage (2013) which explores political barriers to the acceptance of same sawn marriage in Australia and also shows various advocates for law reform such as penny wong
Hope this helps :)
Phew good practice hahahah :)
How much can you talk about human rights in world order?/how is it related to world order?
finicau all support?
what is ?
Also, thank you for those cases! Super helpful :D
You can't, they are mostly separate issues. World order is about peace and security. Some situations overlap into human rights issues too, but it is best to maintain a pretty solid distinction between the two. I never used human rights treaties in world order responses, for example ;D
So what NGOs/media did you use? Cos I feel like the majority of NGOs focus on human rights!
Hey where can you use the case of blessington in a young offenders essay?
what is an economic and social right in domestic law
You are totally right! Media articles, find stuff about any World Order issues. I used a media article about North Korea from that morning's paper in my HSC Legal Exam ;D as for NGO's, that's a lot tougher, but you can use the ones from human rights provided you approach it in a way that is world order focused. "Minimising the impacts of world order issues on the populace," or something like that ;D
Hey Jamon, when do you recommend i should start studying for legal studies. i think it's tomorrow
Ok sounds good. Media articles are the bomb cos you hardly have to memorize anything.
What about Amnesty International, could I talk about asylum seekers or is that too far a stretch? :/
So in one of my textbooks it says that collective rights are a third generation. What does this mean? is there a first and second generation?
Total mind blank!
Who determines the guilt in a criminal trial?
Is it the jury, and magistrates in summary cases?
i've also had a blank! does murder go to local first or straight to supreme?
and what about a child who commits murder? straight to childrens then supreme? or supreme first?
awesome thanks! one more question, is it 2 or 4 hours that children can be initially held for questioning? and if they receive a warrant they can be kept for another 4? how long are adults kept for initially?
also, do you have any predictions? i know Young Offenders is a big contender but I feel perhaps too predictable (and kind) for BOS?
awesome thanks! one more question, is it 2 or 4 hours that children can be initially held for questioning? and if they receive a warrant they can be kept for another 4? how long are adults kept for initially?
also, do you have any predictions? i know Young Offenders is a big contender but I feel perhaps too predictable (and kind) for BOS?
Hi!
Just wondering if i could talk about mandatory sentencing in my crime essay because I don't think it's part of the syllabus..? i don't know
I believe the detention period for Children is the same as it is for adults; 4 hours maximum or it can be extended with a warrant.
Besides young offenders, perhaps a balancing rights questions? I think a question on Young Offenders blended with something like law reform or balancing rights is not out of the question, and not too kind either. But theres been a lot of atypical exams this year, we'll have to wait and see! :)
Not to undermine you Jamie (soz!!) but I was taught that children have a max of 2 hours and And extra 2 if they apply to the children's court. And also I'm pretty sure murder goes to supreme for children?
What do you guys think are the chances of another crime essay question on international crime? I haven't prepared for it very well and i'm a bit worried :/
Hey Rachel! Very unlikely, the only thing they could do is ask something on the Crime topic in general, but even then you would just avoid International Crime if you aren't comfortable writing about it. I think it's pretty unlikely they'd ask it two years in a row :)
My teacher gave us this practice YO essay question:
Young offenders are more likely to be denied justice. Discuss.
Maybe too simple for BOSTES idk, but young offenders is relatively easy to link with the criminal justice system, so I hope they do that!
Hey guys, does anyone know if its okay to split your paragraphs and have one on the ICC and one on the ICJ? Speaking in a World Order context of course. Or is this kind of double dipping and should be in the same paragraph?
Also could anyone give me a quick rundown on the seperation of powers and the dividion of powers? :)
Hey! So my question is, how exactly do the division of powers protect human rights within Australia? I know one way is by holding legislative power for external affairs, but I'm not sure what else I would say! Thanks ;D
I always talked about how because the Commonwealth holds legislative power over the states in this area, it can ensure compliance with human rights standards. Great example of that is the Toonen v Australia case! ;D
Hey ! For this theme and challenge in family, "The role of law in encouraging cooperation and resolving conflict in regard to family," What could i talk about? The only thing i could think of was divorce and the care and protection of children
Thanks !!
Hey ! For this theme and challenge in family, "The role of law in encouraging cooperation and resolving conflict in regard to family," What could i talk about? The only thing i could think of was divorce and the care and protection of children
Thanks !!
ahah just kidding Jamon, im prepped!
Domestic violence could be one thing to mention. Amendments to the bail Act 1978 (nsw) holds presumptions against granting bail to repeat domestic violence offenders, courts establish refuge camps for women and children who are victims of DV, etc. It isn't exactly resolving conflict but it definitely helps prevent domestic violence from occurring as often as it would.
Hey! ;D You could add domestic violence to that list and have your three paragraphs! Domestic Violence is perhaps the most serious of family conflicts!
Wondering, how many marks would i lose for not having dates for cases/legislation ( i have a lot and my brain is pretty fried so having trouble remembering all the dates, i have the key ones memorised however )
When an Australian commits a crime when they're overseas, how do we know which country has jurisdiction over that persons punishment? Or does it fall into the category of international law? I get so confused with this type of question!
Hey!
Was just wondering what type of law best protects human rights in Australia,
statute or common?
Hey Tom! Welcome to the forums!! There is no right or wrong answer to that; I'd personally say common because it is flexible and allows application of ethical standards in a way that suits the contemporary sociocultural climate :) but then statutes are enforceable! You could argue either ;D
But Jamon, I swear I've seen so many multiple choice questions about that... I always thought it was common law (as you said, more flexible) and some previous mc questions had that as the answer. but today i was going through HSC checkpoint legal studies and it had statute law as the answer
:(
Likely not many, probably like one mark maximum provided everything else is okay! Not putting dates for cases/laws isn't going to be considered a big deal in the grand scheme of things :)
Hey Jamon,
In saying this, is it better to make up a date that could be within the ball park or to leave it out completely??
Hey Jamon,
In saying this, is it better to make up a date that could be within the ball park or to leave it out completely??
Best to leave it out completely IMO. Better to show the marker that you're unsure about something instead of conveying that you simply know the wrong information.
Government organisations are legal responses correct ?
Thanks, also for law reform can i aruge the introduction of the Young Offenders Act/ Childrens (Criminal Proceedings)/ Children's COurt Act were all introduced to meet society's view on young offenders. Not sure if that is the type of 'law reform' they want
Could someone please help me with what the mens rea was in the Loveridge case. Thanks in advanced :D
Hi!
I was just wondering what would be some good cases and media articles regarding police powers and the criminal investigation process? My essay question is 'Explain how the criminal investigation process can create tension between community interests and individual rights and freedoms.'
Thanks heaps!! :)
Hey. For my first assessment, we are completing an essay on crime. I am confused however with the syllabus, as potential 15 markers are some of the questions on the right of the syllabus. But which ones would be essay because for instance adversary wouldn't be a question? Thanks!
Hey. For my first assessment, we are completing an essay on crime. I am confused however with the syllabus, as potential 15 markers are some of the questions on the right of the syllabus. But which ones would be essay because for instance adversary wouldn't be a question? Thanks!
...although don't take my word for it, definitely wait for a moderator to confirm!
Hey! I was wondering with the themes and challenges, how do I incorporate them in my study to prepare for an in class essay?
Hey guys!! The thing is I handed in an essay for crime, and I received 10/15 !! :o My teacher wrote that I was just putting content and putting a judgement, but was not proving my point, which dragged my mark down. I am so scared now for my assessment which is in a week as I was practising essays. SHould I make plans that are very detailed for each theme and challenge, and memorise that to make sure I am saying the purpose? So confused on what to do now after that mark!
Hey all,
So I have my Legal Studies Task 1 Next week. It's based on a case SINGH V R and I've been given the transcript and a few news articles surrounding it. I've been told to focus on Law Reform and the case. It is based on the theme " The effectiveness of legal and non legal measures in achieving justice.
I'm going to assume I will need to research the influence of media and the public outcries regarding the case. I'm a bit lost as to how to structure a legal studies essay however, in Prelims I've followed the structure of Intro, stating facts and laws etc then a judgement/analysis and received a 17/20 for my Prelim. Should I take into any other considerations while writing the essay? 600 words approx.
I've studied the facts of the case and done some extra research. What should be my primary goal when writing the essay?
Regards, Wales
Hey Wales! Super interesting case that one, spurred a heck of a lot of discussion and a major review of defences to murder in NSW. The subsequent reviews are what got rid of the 'Gay Panic' defence in NSW! :)
Your primary goal in the first stages of writing this essay will be to come up with ways you can tie the case to your arguments on justice (for example, does the use of the provocation defence represent justice being achieved, or is it restrictive to the retribution for the victim? You can read my guide on coming up with a strong Thesis, this is the main idea that carries through your response and so it must be strong! Essentially, you need to ask yourself in an overall sense, Was justice achieved in this case? Why/why not? That will be your Thesis.
As one idea for structure, you could do:
Intro
How Law Reform Has Protected Offenders
How Law Reform Has Protected Victims
How Law Reform Has Protected Society
Conclusion
However, your word limit is a little short for this structure to be super effective in my opinion, so you might be better off doing:
Intro (100)
Effective Law Reform (200)
Ineffective Law Reform (200)
Conclusion (100)
In any case, in Year 12, an entire paragraph on facts is completely unnecessary. Facts are unnecessary in Year 12 because your focus must be on presenting a really strong argument!
So start your research, and focus on developing your opinions/arguments. That's the most important aspect of a Legal Studies essay ;D
Thanks for the amazing overview. I'll be sure to establish a strong thesis and draft up my main points for arguments etc.
My question is how should I structure those individual paragraphs you listed? I'm assuming it follows some set structure like English eg Intro>Tech/Quote>Explanation>Link etc.
I was thinking something like Intro>State facts briefly>The effects on Society/Victim/Offender>Effectiveness>Link ?
Generally how should I back up my facts?
Thanks :)
Regards, Wales
Would you mind quickly reviewing a mock paragraph? I just want to make sure I've got a general gist before I go into the exam tomorrow afternoon :P
I know it's a pretty shabby paragraph and I've tried to keep it short but how is the structure? Should I be quoting excerpts like that or similarly?
Sorry if that paragraph hurt your eyes ._. It's pretty terrible I know. I've never really given much thought into the structure of writing a legal essay. No idea how I did decently through Year 11 without that if I'm honest.
Thanks :)
Regards, Wales
Intro
How Law Reform Has Protected Offenders
How Law Reform Has Protected Victims
How Law Reform Has Protected Society
Conclusion
Prophet Jamon :P My question was "To what extent have Legal and Non Legal measures have achieved justice for the Victim, Offender and Society.
Thanks for the help :) Feel like I wrote a decent essay.
Type up a paragraph from that essay and post it so I can see what they are talking about? ;D
Detailed plans for the themes and challenges aren't going to help too much with that specific issue (in my opinion), it's about practicing writing things in a way that proves your point. Unless you are having trouble remembering the arguments you want to use, of course.
You need to be taking your evidence and linking it to the theme, for example:
The 14.8% increase in prisoners held on remand in the last 12 months (according to BOSCAR) is clear evidence of the failure of the legal system to consider the fundamental right of innocence until proof of guilt, and thus, its ineffectiveness in recognising the rights of the offender.
In red is my content, the piece of evidence I'm presenting. In blue is my analysis of that content, what am I using it so say? What's the point? Then in green, my link to the theme/challenge; this must be explicit!
I'd be happy for you to post a paragraph of your work in that 10/15 essay and I'll see if I can give you some pointers? :)
Hey. I just saw this now!! I don't have my essay but I am starting from scratch and have my assessment with only 4 days to prepare!! I am writing controlling ideas for each dot pint and then practising essays under exam conditions. Do you guys have any advice or practise questions for the criminal trial process I can do?? I'm really scared and so upset this has happened
Hey can u pls help me with this question:
To what extent does the criminal trial process balance the rights of victims, suspects and society?
Thanks
Thanks for the help, but I was wondering how does the case R v Singh relate to my question. So how do I relate it to my question.
Thanks
Hi,
what topic or question do you think will be asked next?
What happens if you forget the year of the legislation? Is it best to leave it out or just make an estimate?
In terms of making summary notes etc... how do I file away topics in an oranganised fashion so that when i revisit them around trials I won't want to nek myself? I currently have 30 pages worth of summary notes for Human Rights and HSC questions from 1999 - 2016 aswell as HEAPS of mindmaps. I'm not quite sure if this will all be necessary when studying for 4 TOPICS when i get to the hsc! HELp
Hey!
As for human rights and our contemporary issue, what kind of info will we need to know going into an exam? I'm using human trafficking and slavery as mine..
Thanks!
In a basic sense, you'll need to know:
- What it is, including maybe some stats
- Legislation
- Cases
- Other responses to the issue
Those things should cover you! To give you an idea, here are my human rights notes. The last page is all I had for my contemporary issue ;D
Great, thanks so much!
Is this topic found to be a common essay question in the HSC? Or is something like that super difficult to predict?
I did Human Rights in term 1 so I think it'll be my extended response question in my half yearlys...
Jamon I just realised I had downloaded your yr 11 Legal Studies notes! They were freaking awesome...I really didn't care about legal too much as I was going to drop it after yr 11 but I did like learning it..but didn't revise or study it LOL..weird I know. I crammed your notes and memorised everything in about 1 day before the yearlies and managed a 96% and rank 1st. Still dropped the subject lel...Thanks JAMON :D haha..nearly duxed yr 11 because of your notes.
Glad to hear you are keeping it all! Even if you don't use it, at least you have it. I recommend getting one of these bad boys for each subject:
(http://i.ebayimg.com/00/s/NTgxWDgyNw==/z/3qAAAOxymmJTjt-x/$_32.JPG?set_id=880000500F)
Then you can use dividers to separate topics, then just have a plastic sleeve for your notes, a sleeve for practice questions - Etc etc, whatever works! I used these to keep my bits of paper that could once be useful! ;D you should be able to fold up your mind maps to fit in a plastic sleeve in one of these two :)
Hey, I have to complete an essay in relation to the question "Evaluate the effectiveness of sentencing and punishment as a means of achieving justice"
Intro: A sentence is an penalty which a court issues out to one who has pleaded guilty or is found guilty of an offence. The judge or magistrate decides on the appropriate sentence according to the statutory and judicial guidelines. In the process of achieving justice, there are limitations which prevent the achievement of justice and there are also factors which help ensure that justice is achieved.
P1:There are many limitations which prevent the achievement of justice in sentencing and punishment. One of these limitations include the reality of victim impact statements possibly doing more harm than good.
P2: Another limitation includes types of penalties and post sentencing considerations
P3: However, there are factors that help ensure the achievement of justice in sentencing and punishment which includes the use of certain judicial and statutory limits to protect from bias
P4: Another factor to help ensure the achievement of justice includes the victim impact statements. A victim impact statement is a written or oral statement read to the court which outlines the full effect the crime had on the victim and in some cases, outlines the full effect on the family. One advantage of the statement is that is can be made by a member of the victim’s family if the victim has died. This is an advantage as it allows the effect of the crime to be brought up to the court’s attention regardless and helps to ensure justice as the victim’s or their family’s impact will not be left unheard. The statement generates sympathy and certain details and information which were not made clear prior to the statement, may explain the extent to which to crime truly impacted the victim and/or their family especially when if the perpretrator had pleaded guilty and the judge has has no opportunity to hear the victim’s evidence. This will then argue that society would benefit if the offender stayed in prison. Another benefit from a victim impact statement is the fact that is provides the victim a role in the court process which gives the victim and society greater confidence in the legal system. Lastly, this action also assists in the rehabilitation process of the offence as during the reading, the offender gets to hear his or hers impact of their actions.
P5: Lastly, alternative forms of sentencing are beneficial for certain members of society, for example for indigenous and youths, and are additional factors to help ensure justice in relation to sentencing and punishment.
Conclusion:
i was wondering if i could get feedback on what i have so far and key points which i can use to ensure the essay flows and is fulfils the needs of the marker.
Thank you!
Hey!
Analyse the effectiveness of measures which deal with crimes against the international community. Make sure you include LMCID where appropriate(Max 250 words)
I am currently doing this question for a legal studies Webquest I'm doing, and I just wanted to ask - besides the ICC & ICJ, what are some other measures which deal with crimes against the international community that I should include in my answer? (that I can easily discuss the effectiveness of)
Thanks heaps x
Hey there, Sameeraaa1,
Firstly, from my knowledge the ICJ does not deal with crimes against the international community, instead it deals with state disputes such as Nicaragua v United States of America over mines in internal waters.
Crimes against the international community are normally addressed in the ICC where those "most responsible/accountable" are prosecuted against for their actions (mainly those in charge/ giving orders/ position of power etc.) such as Lubanga, al-Mahdi - the effectiveness of this legal measure is very easy to evaluate and there are a plethora of media articles online for you to use :)
However prior to the ICC which was created in 2002, legal measures to address and prosecute those responsible for crimes against the international community were primarily ad hoc tribunals such as the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia; as well as other hybrid courts like the Special Court of Sierra Leone.
Non-legal measures can include NGO's such as Amnesty, Salvation Army, Red Cross, Doctors Without Borders (Promote issues, create moral pressure against government to act, publish reports (casualty count, causes etc.) and help in the aftermath of such crimes (rehabilitation camps, food, clothes, medicine). Another non legal response could be the media which create public awareness in order to generate moral pressure on governments to address these crimes.
Hope these help, although choose the ones you think are best as the 250 word limit restricts how much you can talk about.
Good luck!! :)
Hey Elyse!
I came to your legal lecture on Wednesday and found it really really helpful so thankyou. Also, I'm doing the Crime 15 markers from the 2014 and 2015 HSC Paper but I'm really confused on what to write in my intro and conclusion. In my body for the 2015 question (effectiveness of domestic and international measures in dealing with transnational crime), I talk about the AFP, Customs and Border Protection, INTERPOL, UN Convention Against Transnational Organised Crime, as well as The Pacific Transnational Crime Network. I also talk about how the world is more globalised now and although that increases the opportunity of transnational crime, it has made these domestic and international measures much more effective. What should i be writing in my intro and conclusion and how should i be structuring it? Thank you so much :)
Ps your notes are so amazing
Thank you this is really helpful!
I was wondering if you could also help with these 2 questions:
5. Explain why jurisdiction is an issue regarding crimes against the international community.
I understand why jurisdiction is an issue but I can't seem to use specific terms or formulate an answer :-\ Should I talk about how universal jurisdiction has no binding legal basis and can be seen as a breach of state sovereignty? Or maybe the ICC as a mechanism of dealing with crimes against the international community has limited jurisdiction due to state sovereignty and as it is a court of last resort?
15. Identify whether the ICC has to date had an impact on Australian courts and whether any prosecutions have been commenced under the Australian legislation.
So far I know that The International Criminal Court (Consequential Amendments) Act 2002 t amended the Criminal Code Act 1995 (Cth) and created domestic offences for all the crimes listed in the Rome Statute, but I can't really find whether any prosecutions have been commenced under the Australian Legislation...?
I have to write an essay on this question "Assess the extent to which factors affecting sentencing decisions balance the rights of the victims, offenders, and society" and I have to include the Rogerson - McNamara case as my main one
I talked about aggravating and mitigating factors all throughout it and im not exactly sure what to write for the conclusion
I've written "Factors affecting sentencing decisions whether mitigating or aggravating attempt to balance the rights of all parties involved as portrayed throughout the McNamara- Rogerson case where a life sentence was handed out, however these factors can also impede on the rights of another."
I feel like this isn't sufficient even tho I have made a judgement
any help would be great!
Hey parthie! You'll definitely want a bit more in the conclusion - Try spacing it out and adding a little more detail! In your example, I'd stop the first sentence after "all parties involved," perhaps replacing that with "victims, offenders and society" to better link with the question. Then, introduce the case again and give a brief run down of how it balanced the rights of offenders/victims/society. I wouldn't say you've made a judgement just yet - Is the case effective in balancing the rights of these three parties? Or is it ineffective? Somewhere in between? I'd like to see you spent a sentence or two recapping your arguments from the essay, then a final sentence giving a definitive judgement - Good, bad or ugly.
As a side note, remember to reference your cases correctly! It should be, R v Rogerson, R v McNamara (2016) - It doesn't need to be that every time, but the first time at the very least should follow convention (and you can abbreviate/shorten from there). Also, the record from the Supreme Court for that case is here if It helps at all!
Thanks so much for the help I tried to redo the conclusion but I wasn't able to write more than this because I am on the world limit ugh. Is this sufficient or not? I can try to cut down something from the essay to extend my conclusion if this isn't sufficient
The question is: Assess the extent to which factors affecting sentencing decisions balance the rights of the victims, offenders, and society
RvRogerson, RvMcNamara (2016) balanced the rights of victims and society through consideration of aggravating factors and subsequent life sentence, however the rights of the offender weren't always upheld due to Rogerson’s prior convictions. Factors affecting sentencing decisions whether mitigating or aggravating attempt to balance the rights of victims, society and offenders, however they are not always successful.
What you've got there should do at a minimum - Wouldn't want you to trim any of your evidence! I'd swap the first and second sentences though - Just feels like it would flow a little better if you did :)
Hey does anyone know how taking into consideration aggravating factors in sentencing could compromise the rights of the offenders?
and how does taking into consideration a person's prior convictions during sentencing uphold the rights of the victims
any help would be appreciated thanks
Hey! So with the aggravating factors stuff, basically the idea is this. Recognition of an aggravating factor (whatever it may be) is going to make the punishment given relatively more severe. So, there exists this balance between adequately punishing the offender (to recognise the victim and society), while still making it fair on the offender. Recognition of aggravating factors represents an acknowledgement of victim/society, which could infringe on the rights of the offender to a fair punishment. So, it isn't a direct thing, it more represents a sway towards greater acknowledgement of the victim/society. Mitigating factors are the opposite - Recognising offender rights while not recognising rights of society. Together, they (hopefully) achieve a balance ;D
Hmm, taking prior convictions into account during sentencing doesn't really recognise the rights of the victims, I'd say more society? You could stretch it. Basically it's acknowledging the fact that the offender has committed crimes before, and thus making a more retributive (more severe) punishment to more adequately achieve justice. Kind of like a student who keeps lashing out at a teacher eventually getting suspended, because it is unfair for them to just continually get detentions and it never escalates (or something) :)
Hope that helps! ;D
Thanks so much again!!!!
One last thing I promise haha
for this question: “The adversary system always achieves just and fair outcomes” Discuss this statement with reference to the various elements of the adversary system (I also have to include he Rogerson - McNamara case in it)
Is this introduction and conclusion enough?? I am just worried that I haven't made a clear judgement
intro: The adversary system has several elements which achieve just and fair outcomes to a certain extent. Elements of the adversary system include the court listening to the arguments of opposing sides, the judge being impartial, and the use of a jury. Each of these elements can achieve just and fair outcomes, as shown in the R v Rogerson R v Mcnamara (2016) cases, however they can also they can also be unsuccessful.
conc: The elements of the adversary system used in the Roger Rogerson and Glen McNamara case provided a just and fair outcome as both men were sentenced to life imprisonment. The adversary system has many elements including impartial judges, the court listens to the arguments of each side and the use juries which attempt to achieve just and fair outcomes however they can sometimes be unsuccessful, therefore only achieve justice and fairness to a certain extent.
Thanks again :)
I think they are solid; I think the conclusion has a nice judgement in it; it doesn't have to be a completely positive or negative assessment. You've gone for somewhere in the middle, which works! My main comment would actually be defining what you mean by a just and fair outcome - What does this mean? What does the adversarial system have to do for this to be achieved? Besides that, I think the judgement is relatively clear, but the introduction could make it a little more definitive what the judgement actually is. You've not really given a definitive, "Therefore, ________" like you did in the conclusion :)
Thank so much!!!
Would you happen to know if there are negatives to "presumption of innocence" because Ive been researching it but I can't find anything
I can't find too many negatives to the "innocent until proven guilty" presumption either - only debate online that suggests perhaps even when proven guilty, you still could be innocent. But that opens another can of worms. I think it's a pretty safe bet to say innocent until proven guilty is a largely positive aspect of our legal system. If I'm teasing it out a bit, I could suggest that perhaps this could be traumatic for a victim or demanding on society, to provide a trial for someone with overwhelming evidence to prove guilt. But, I think the fair trial benefits outweigh this possible negative!
Ok Thankyou so much for all your help!!
Hey ;D So I have half yearlies in 3 weeks!! :-[ My notes for crime is completed and my evidence is nearly complete. At the moment we are also doing human rights, so I am doing my notes and evidence as I go because we would only have 1 week revision then the exam. The problem is I want to do so much because theres SO much content whihc is terrifying me. But I wanted to hear your advice on what is a realistic plan which will allow me to get 95% (I know its high but I really believe I can get it). So I was going to memorise all my content and evidence this week, along with roughly doing the right hand side questions to ensure that I have a good understanding. The next week I was planning to do the right hand side questions under exam conditions, and work on feedbeck regarding essays and content. The last week, I will be doing past papers (2-3). For human rights, I am doing my notes and evidence as we go. As it is in three sections, whenever we complete one section, i memorise the content and evidence and do the right hand side questions. The past papers will also assist in mastering it. On top of all this, I will look at amazing short answer responses and essays to get an overall understanding. How does that sound?? Thanks so much just for reading this by the way, you guys are lifesavers!!
Hey!
So I have exams pretty soon... I'm talking like the first 2 weeks of next month... I bought the legal studies notes from you guys when I came to the lectures and I've also written my own notes for Human Rights (which is the first topic my class did). I don't know if it's wise to continue writing out my own notes as well as studying from the Notes I bought... Would that be a waste of time? Or would it be useful because I'm almost explaining everything to myself?
Thank you! :)
Hey! I hope you're finding the notes you purchased to be helpful! Your exams certainly are soon!
My approach to studying for Legal, which wasn't really intentional but kind of just happened this way, was writing and re-writing notes. I'd move them from my computer to palm cards, to A4 paper, adding little bits each time or ignoring the things that I know off my heart and aren't important details, etc. So I think perhaps it would be beneficial for you to create a new set of notes, combining your notes and the notes you purchased. I found that writing things out, even if directly from a textbook, made me question "do I actually understand this enough that I could re-word it?" and when I knew I couldn't find a way to put it in my own words and simplify it for my new set of notes, I knew it was a point I had to work on.
If you're looking to create a sacred one-stop-shop for your notes, then combine your notes with the notes you've purchased. Else, you could just add sticky notes to the notes you've purchased with your new cases, little ways that help you remember things, and so on.
Alternatively, you could stop right now and start with palm cards. You can give yourself a palm card per dot point to write down the most important things to know. This way, you're forcing yourself to collate the information in the purchased notes, with your textbook's information, and your own notes, to create a succinct resource in your own style! Personally, I'd take this last approach, it suits my own study style of trying to be succinct and critical of what I do and don't know.
Okay great, thanks so much! And yes, the notes are most definately helpful and are teaching me things I wasn't aware of!! I've never used palm cards to study for exams, but my sister did.. I'm going to go ahead and try that method, Thanks Elyse :)
This is more of a personal query, but is it possible to bounce back from getting 88% in my first legal result? (We were required to do two assessments, and my results were 30/35 and 14/15 respectively.) Do you have any suggestions for recuperating from this subpar outcome? I mean, legal studies isn't considered a very high scaling subject, so how screwed am I, and what can I do to improve?
This is more of a personal query, but is it possible to bounce back from getting 88% in my first legal result? (We were required to do two assessments, and my results were 30/35 and 14/15 respectively.) Do you have any suggestions for recuperating from this subpar outcome? I mean, legal studies isn't considered a very high scaling subject, so how screwed am I, and what can I do to improve?
I'm actually interested to know if that's considered not-great because I got a 76% on my first assessment which weighed 25%
Hi! So a few things to start. First, definitely not sub-par. My first result was about 87% in Legal, I ended up state ranking, so definitely don't consider it sub-par in any way! That's a fantastic mark for your first task and it will only go up ;D
Second, Legal Studies scales just fine. Sure, it may be no MX2, but again using myself as an example, I got 99.80 taking Legal. Scaling is not going to make a huge difference in the long run, compared to hard work and drive ;D in no way are you even remotely closed to being screwed :)
All of that said, I can definitely understand setting a goal and not quite reaching it, and great to see you are keen to further improve that already great result! My biggest piece of advice is just to make sure that you learn from whatever feedback you were given in that first task. Figure out why you lost marks and focus your extra study time on resolving those inconsistencies.
Beyond that I'll link you to a few guides I wrote on Legal Studies - I hope they help!
How to Get a Band 6 in Legal
How to Study for Legal Studies
7 Mistakes to Avoid in Legal Studies
Seriously good work once again on such a great start. Even if it didn't quite meet your goals, it's amazing! :)
As above, 88% is a great start and about where my results were at this time during my HSC. 76%, also fantastic! The important thing is to learn from your mistakes and build yourself up (and ideally maintain a nice rank in your cohort in the process), so that by the time you hit the exam you get a KILLER mark ;D
Thanks so much for the advice! I'm grateful for the effort you channeled into the guides, as they really help.
:-)
Hi I was just wondering what would some examples of reserve and express powers of the Governor general?
I found some powers like this?
The legislative powers of the Governor General:
Section 28-32: The authority to dissolve the House of Representatives and issue the writs for a new election
Section 57: The authority to order a double dissolution
Executive powers are given directly to the Governor General :
Section 62-64: Appointing the members of the FEC
Section 67: Appointing senior government officials
Section 68: Commander in chief of the naval and military forces of the Commonwealth.
I'm consolidating my study notes for the Crime topic, but I realised that dot point 1.9.1.1 is Summons and Warrants
Is this supposed to be court attendance notice? Because I remember Elyse mentioning that the LSA notified NESA that they're no longer called summonses... Which do I use?
Hey Elyse,
Half yearlies are just over a month away and for Legal studies, the exam will include Crime and Family. I was just wondering if you have any tips as this will be my first exam going towards my HSC and with all the content Crime has, i feel like im going to be unprepared.
Thank you, Neha :)
Also,
I have 43 pages of notes for Crime.. How do it cut these down?
Mod Edit: merged posts.
Hey Elyse,
Half yearlies are just over a month away and for Legal studies, the exam will include Crime and Family. I was just wondering if you have any tips as this will be my first exam going towards my HSC and with all the content Crime has, i feel like im going to be unprepared.
Thank you, Neha :)
Also,
I have 43 pages of notes for Crime.. How do it cut these down?
Mod Edit: merged posts.
Hi sorry i was wondering how i should go about studying for my extended response for my half yearlies this term? Thank you :)
Hi, I was wondering if you could please explain me the difference between crimes against the international community and transnational crimes (under international crime). i struggle to differentiate between the two. Thank you :)
Practice.
Ahaha, I really wish I could give a longer more elaborate strategy, but practice is really the key ;D write some extended responses! Get feedback on them from a teacher, from a friend, or from us! Then work on improving it with the advice you are given :)
I'd also recommend you to make some evidence summaries; sheets which list all the LCTMR (Laws, Cases, Treaties, Media, Reports, and other evidence) you can use in your extended response. In an extended response, content knowledge isn't key - Argument is key, and so you just need to remember great evidence to back up that argument ;D you might want to check out this guide I wrote on putting together a strong argument in Legal!
Best of luck! ;D
I was going over the themes and challenges and where we see this in the syllabus, as stated in the ATARNotes powerpoint. Could I please get some clarification as to how investigation and DPP fit into the t/c of discretion. Also, can I have a further explanation about the t/c of the law reflecting ethical and moral standards.
Thank you :)
Hey Rodero! So, the DPP makes decisions about which charges to bring forward, thus exercising discretion. I'll give you a hypothetical situation. If a person has committed a homicide, they may be put up for murder charges. If it is likely (based on super early understanding of the case from initial investigation and arrest), that the offender will plead guilty for manslaughter (in charge negotiation), then it might also be worth charging with interference with a corpse (relating to the crime) if it means that a person will be more appropriately punished for the nature of their crime. But, if it is certain a person will be taking a guilty plea to murder, they will likely receive la life sentence and the extra 18 months jail for interference with a corpse just wouldn't be worth the time of the court (as a resource of society). So, that's an extensive version of the DPP's discretion. Basically, they put forward the charge they think is most appropriate. Also, charge negotation involves discretion.
In investigation, detectives use discretion when contacting potential witnesses, suspects, etc. In order to gain the most from an investigation, a detective needs to be more careful than to just go up to every possible person in the suburb and ask what they know about a crime. Judicious selection of questions, timing, and tools in investigation are important. Particularly when applying for warrants. Is it worth applying for a warrant to search a house? Who will this impact? Is it likely to be fruitful?
You can read more on themes and challenges here!
Hopefully this gives you a hand :)
Thank you elyse! This definitely cleared it up!
EDIT: I'm really sorry but I have a few more questions!
1. How do I properly cite these cases? Farah Jamah 2008, Thomas Kelly Taser Incident, Cory Barker's arrest.
2. What are your thoughts on the Evidence Amendment (Evidence of Silence) Act 2013? Section 89A states that in an indictable offence, an "unfavourable inference may be drawn simply as a result of not mentioning a fact at the time of police questioning that is later relied on at trial." Do we still have a complete right so silence?
Hi! I was wondering if anyone could tell me any strategies for remembering cases for essay, or any mnemonics for the legal syllabus? Having a struggle :P
Hey again! Not a worry at all :) The Jama case is particularly bizarre because since 2015, I have searched for the official case citation and cannot find it ANYWHERE. My teacher searched too, and I even contacted a journalist who wrote a book about the case (but didn't get a reply). So, citing the Farah Jama case of 2008 is enough :) The Kelly Thomas Taser incident, are you talking about the 2011 incident in America? If so, simply providing the details briefly like, "The Kelly Thomas taser incident of 2011 in California..." With the Corey Barker incident, I don't know of the arrest situation? I only know that six officers had 25 charges between them for assaulting him, is this what you're referring to?
As for the second question, I see this interestingly. I understand that it slows down the investigative process and limits its efficiency if someone withholds statements during investigation but brings it forward during the trial. It leads people to think that someone has something to hide, and the prosecution don't like it because it makes it hard to prepare a case. So, yes we do have a right to silence, but not necessarily a right to silence that has no negative ramifications if exercised. So, I understand the reasoning as to why this logically and logistically has negative ramifications...I see both sides I guess.
:)
Thanks again elyse :) My head must've been muddled up when I was writing the previous post. I meant to say the Roberto Curti taser incident, not the Kelly Thomas one! Also that's right, the Corey Barker arrest with the 6 officers is what I was referring to ;D How should I properly cite these cases?
Haha that's okay! I had a feeling you mixed them up...Thomas Kelly is Australian, Kelly Thomas is American. As for the Roberto Curti case, I got sidetracked just now and read the Coroner's Report which is super interesting from about page 4-8. If you're talking specifically about the tasering, it is enough to mention Curti's name and the year. Two officers were later charged with common assault and two charged with assault occasioning actual bodily harm. If you wish to refer to these cases, their citation is available, but in honesty, not particularly necessary. The ombudsman's report, the coroner's report, and the Police Integrity Commission's report, are far more valuable to the analysis of this case! :)
Thank you elyse for the clarification! For anyone else interested in the coroner's report in response to the Roberto Curti taser incident 2012, the NSW Coroner Mary Jerram states the actions were "reckless, careless, dangerous, and
excessively forceful." A good quote in my opinion relating to the extent to which the law balances the rights of offenders in police powers. :)
Perfect quote! There's no guaranteed gain of trying to predict HSC questions. But, we haven't had a theme or challenge since 2014, so it wouldn't surprise me if one comes up this year. If they examine you on discretion (theme), police discretion and use of force is an excellent argument, and Curti's case is a great example to support you.
Hey elyse, speaking of themes and challenges, I was wondering whether or not it should be mentioned in an essay that doesn't specifically ask for it. For instance, I think the t/c of the law balancing the rights of offenders, victims and society would pair well with the 2016 Young Offenders HSC question. Is it necessary to have this t/c in my thesis and argued throughout or should it just be weaved here and there.
My advice is to bring up the themes and challenges in every single essay, even if not specified. I wrote about themes and challenges here and kind of broke down ways to engage each one. When used correctly, the sophistication of your essay increases. Compliance and non-compliance is possible to be used in every single crime essay you write. I think that balancing the rights of victim, offender and society is also a really easy one to incorporate (essentially, when you're assessing the effectiveness of something in legal studies, you usually look at these three frameworks anyway: victim, offender, suspect). So my advice is to definitely incorporate themes and challenges as regularly as is appropriate. Obviously, if you're throwing them in with no meaning you may as well not use them at all. But done skilfully, this is always a winner!
Thanks elyse! Definitely incorporating the themes and challenges in my essays :) How many do you recommend in an essay? Of course, I'll choose what is most relevant but what's your stance on having say, compliance/non compliance and balancing offenders, victims and society's in the same essay?
By the way, thank you so much for all the help you've been giving me recently! I really appreciate it and it's definitely providing a better grasp of a difficult subject :)
Hello! Was wondering whether anyone had a case example for each of the human rights in the 'developing recognition of HR' points in the HSC syllabus
Cheers
So I got my first assignment in Legal (Yr11) and I was unsure what it means by 'legal responses to the issue'.
So I'm doing the Port Arthur Massacre, so should I talk about the events that occurred, or what amendments and sentencing was given.
Hey,
I'm struggling with my international crime essay. I have a paragraph on domestic measures which includes the AFP and Australian Border force but I'm not too sure how effective the domestic measures are in dealing with transnational crime
Any help would be much appreciated
Hey! Welcome to the forums! ;D
That sounds like a great start - Ultimately it is up to you whether you say it is ineffective/effective, but those are great things to cover. Try and find some media articles on recent 'drug busts' as evidence for their effectiveness! ;D
The one other piece of advice I'd give for international crime is to write about bilateral cooperation; nation states cooperating to prosecute criminals. You could use the Bali Nine, particularly the more recent executions, as a detailed case study. You could also talk about extradition, when a country deports a criminal to another country to face prosecution - This demonstrates marked effectiveness in responding to transnational criminal actions. USA v Griffiths (2004) is a good case to use as evidence there, and there are lots of bilateral extradition treaties that Australia is a signatory to :)
But in terms of effectiveness/ineffectiveness - There is no correct answer! It's up to you to choose your side and argue the point effectively ;D
Thank you very much for your very helpful reply! When talking about the Bail nine should I be looking at the ICCPR and maybe mentioning human rights? Is the Australian Federal Police Act applicable for the Bail nine?
ICCPR yes, AFP act yes, but Human Rights no - Try not to discuss human rights in a Crime response - It is tempting but you need to keep that distinction ;D
So would you talk about ineffectiveness of the AFP and give the bail nine as an example? Sorry just trying to get my head around how it would fit
Just wondering if you critique this. Its a powerpoint and speech.
Hi everyone! Just asking what is "self determination" having trouble understanding the texbook :P
Hi again! Is there a difference with the UN Charter and the UDHR?
I was wondering where would be a good place to have statistics on the decline of parliament thesis?
I was wondering where would be a good place to have statistics on the decline of parliament thesis?
Hey, i'm a Legal Studies student like you so I might be wrong, but I think this question is best suited in the VCE Legal Studies Question Thread, since this isn't covered in the HSC syllabus. However, I would recommend a skim through your textbook just in case they've provided some statistics on the decline of parliament thesis.
Again, i'm no expert so you may need a moderator to confirm where the best place to ask this would be. Sorry that my help was pretty limited, I hope you can get your question answered in detail by someone more knowledgeable than me :)
I'm so pleased to see you lending a hand Rodero! Genuinely, I am! :) Anotherworld is a Western Australian student who frequents the NSW forums. You'll see each other on this forum semi frequently :)
Hi Elyse !
Would do you think is the best way to study for a half yearly legal exam?
Thank-you !!
Hi Elyse !
How should I structure a band 6 legal essay?
My Legal half-yearly (yr 12) is in about 2 and a half weeks. My school has shifted around our topics and we are doing Crime and the Family Option first. I have a few questions particularly in regard to family essays;
Hey, yeah there is going to be a 15 markerSweet as, both the classes at school are complaining because it would be 1 of 4 essays so its good to know that we aren't the only ones.
Hi Elyse!!
I haven't posted on the site before so I hope I am doing it right... I am big fan of all your notes/lectures, love your work !!
My Legal half-yearly (yr 12) is in about 2 and a half weeks. My school has shifted around our topics and we are doing Crime and the Family Option first. I have a few questions particularly in regard to family essays;
What is the best way to prepare for family essays without memorising content/arguments? I understanding memorising, especially at this early stage, is counter-productive. However, our class is no where near finished the Family topic and I'm unsure how to approach my study as I don't want to leave Family until the last minute. Should I go ahead in the content and practice essays earlier? And should I also practice essays open book, and then in exam conditions closer to the exam? I am a perfectionist and struggle to practice not thinking my work is perfect yet !
I am a little flustered in structuring my essay struggle since they could mould questions into either broad or specific topics --> should I memorise thesis statements to likely questions as well as evidence?
Is it too early to be using HSC papers for study? Or is it appropriate for the content we have already covered..
With the two options for family essays, can they ask absolutely any 2 from syllabus? Is there any construct they follow? (ie recently they have covered all the contemporary issues in a question each)
Hey,
I was just wondering (half yearlies are coming up pretty soon!) what's the best way to approach a legal studies exam in terms of study and then actually receiving the paper? I'm always really nervous around exam time.
Thank you so much,
Mary x
Hello all!
i was wondering if you had any good notes for crime on your website you recommend i should use. there are soooo many files i don't really know which one to download being so many
thank you very much :)
Hey Mary! So basically, you should be doing as much practice as possible - Exams, essay plans, sample tests, etc ;D of course that can get a little dry, so you might want to try some of these other cool ways to study for Legal!
In the exam, beyond knowing the content, the most important thing is to be able to formulate a strong argument for your essays. I have a guide on constructing an effective argument for Legal as well ;D
I hope these help! :)
Hi Elyse, my half yearly for legal is tomorrow Tuesday, and i need some more evidence for the international crime topic. Any suggestions for drug trafficking and lack of nation cooperation? Thank you ;)
hey guys! i would like to know the difference between genocide and crimes against humanity. They both have very similar definitions in my textbook
Crime against Humanity are acts committing a widespread or systematic attack directed against civilian population.
Genocide includes brutal acts intended to destroy all or part of a national, ethic, racial group.
So is there an easy way to tell them apart?Thanks :)
Hi!! I was wondering if the "right to privacy" in the UDHR and ICCPR can be used for arguing against police powers and the intrusion of personal privacy. Is it the same privacy for a different type of privacy? Thanks!! :)
Alrighty I have 2 questions:
1. Which human rights are collective rights? I know self-determination is one, but I don't know which other ones are. Aren't all human rights mentioned in the syllabus collective, like Labour Rights and Education..? What determines the ones that fall into this category?
2. For the last Theme and Challenge "Effectiveness of legal and non-legal measures", would things like Auditor General reports, Attorney General reports, surveys or the ALRC "Seen and Heard" report be considered non-legal measures..? For example, the ALRC "Seen and Heard" report is particularly effective as it facilitated law reform of the Bail Act 1978 (NSW) to the Bail Act 2013 (NSW) where it criticised previous amendments made to the initial statute as undermining the presumption of bail for young offenders.Again, I struggled with this too. I say, yes they are non-legal measures. Although the position of the Attorney General is legislated, and it is legislated that we must have a Human Rights Commission, it doesn't mean that the actions of these are legal measures. So the report is not a legal measure, although it was produced by a body that is legally mandated - because the report doesn't make law automatically. In order for the report's findings to be turned into law reform, it needs to go through the legislative body of government (legal measure). I always found it to be unclear, and I specifically remember asking Jamon and my friend's older brother for help with this during my HSC. A body can be legislated, but it doesn't mean that their actions are legal measures. The police force is legislated, and their actions are often legal measures. But it isn't the same with the Attorney General, not all of his actions are legal measures, so to say.
Hi Elyse/Jamon, I'm unsure of how to go about answering a question which focuses on the theme of "encouraging cooperation and resolving conflict" in family law. It must also be on the contemporary issues. I suppose for 'recognition of same-sex relationships' i could talk about the conflict between Christian lobbies and Australia Marriage Equality? I feel like this would be a very narrow argument though so are there any other suggestions?
Thanks!
Also, My legal teacher always says how we should aim for at least 5 legal arguments in our essays however I am confused with what a legal argument is. :-\ She keeps saying that it is not 5 paragraphs though because a legal argument can be discussed in say, 2-3 paragraphs. What is your opinion on this? Also, say if I was to talk about the one idea over 3 paragraphs, would I still need a topic sentence/concluding sentence for each of the 3 paragraphs even if they link to the same idea?
Thanks!
Hey Grace! In relation to the first question...
This is a tricky question. Out of the four contemporary issues, the question lends itself far more easily to the changing nature of parental responsibility and the care and protection of children. So much of the Family syllabus relates to these two topics more, especially in relation to divorce and separation. Do you have to talk about each contemporary issue or is it ok to choose the two that it relates to most? Because admittedly, I think that you've taken the best approach to marriage equality despite it being a very narrow road.
As for your second question - can you give me an example of what your teacher suggests a legal argument is? I am interpreting it to be lots of things and I don't know it's necessarily linking up with your teacher's instructions. If a legal argument is a point that argues for or against the question, then I think 5 is pretty solid. But, you could spend a paragraph per argument with some essay structures, and give a case as evidence for each. Or, you could follow the same argument in two different paragraphs but show how the same measure has manifested in different levels of effectiveness in each case. I don't want to contradict what your teacher has suggested, and there are soooo many ways to structure a legal essay, but if my understanding is the same as your teacher's, this is what I think! :)
Hi Jamon, I was just looking at your '7 common mistakes' guide and I was wondering what is the difference between how to answer 'describe' and 'assess' essay questions? I often get told I'm describing too much and need to put in more analysis/make more evaluations etc even if its in an explain/describe question? So what is the difference in the level of analysis or evaluations needed for 'describe' and 'assess' questions?
Thank you!
We have to talk about three of the four - care and protection of children, recognition of same-sex relationships and surrogacy and birth technologies.
My teacher told me that one legal argument is a discussion on one area of law but I don't really understand specifically what she means :-\ I think she might mean for example 'legal requirements of marriage' would be one area of law. I'm not too sure...
Also when you say argue for or against the question, would I argue both ways in the one paragraph or do you suggest starting a new paragraph?
What is your recommended number of paragraphs to do? :)
Hey Grace!
So you'll never get a 'Describe' essay question - The verb is too low order (meaning you aren't being asked to do enough for an essay). Buuut, you might get Describe questions in your short answers!
If you get a short answer question with 'Describe' it means to give the main features of. So if you were asked to 'Describe' the Separation of Powers, you would go through what the legislature, executive and judiciary all are. This is different to being asked to explain the role of the separation of powers; this requires acknowledging things like the rule of law, the interpretation of the judiciary - WHY the separation of powers exists. Then evaluating would be a step higher again - Does it do a good or bad job (likely in protecting human rights)? ;D
Most, if not all of your essays, will be to analyse or assess. Neither of these will involve description, meaning things like:
- Describing the details of a case you reference
- Describing the specific laws in a piece of legislation you reference
- Describing exactly what a "crime against humanity" is
- Describing what "post sentencing considerations" are
All of those are no goes - Your marker knows this course, they don't need to be told what things are or have features listed. They just want analysis - What role do the mechanisms play? How good of a job do they do? :)
I hope this helps you out!! Don't worry, I had trouble with too much description in my senior years too - It takes practice! :)
Oh, and in relation to your above question (I'll let Elyse tag in properly), but I reckon one paragraph per contemporary issue sounds good? You need to do three, so do three paragraphs! And you could argue for effectiveness/ineffectiveness in the same paragraph, if you wanted to, or you could say that we are effective in responding to one issue, but ineffective for another. Tailor it to your own perceptions and what you want to argue ;D
Ok, I don't really know what your teacher means but I can assume you're correct. You can really do whatever you deem fit in terms of structure, you need to gauge it on how much you have to say about it. So, if I was talking about divorce, and the required length of separation before divorce (one year), I could discuss the effectiveness of this in one paragraph (suggesting mediation, the kiss and makeup clause, time for emotions to simmer down), and then the next paragraph could be on how this is ineffective because it delays the process of moving on, it may be traumatic and turbulent for children, and it doesn't really provide appreciation for couple's who have done a separation on their own before but didn't alert the law. So, I have a lot to say about this so I'd do it in two paragraphs. But, I have far less to say about the legal requirements of marriage, so I might do the fors and against all in one paragraph. So, if you do take on about 5 legal arguments as your teacher suggested and it sounds fair to me, then I think you might only give a legal argument one paragraph, but you might give the next one two paragraphs! They don't always have to be given equal treatment, as some sections of the syllabus will provide for more debate than others :)
Ok thank you for clarifying!! And wow your example is soooo good, made me realise my essays need a lot of work :'(
hello
i was wondering how do you incorporate themes and challenges in the syllabus within an essay. i never understood how to and everying one said so i was like =/ thank you :)
Hi!
When does a case that is appealed go to the Court of Criminal Appeal or the next court with appellate jurisdiction? I'm a bit confused when thinking about this.
Hey Elyse, i have my legal half yearly coming up and i got the question for my crime extended response: "To what extent has criminal law reform been effective in achieving justice?". It is worth 15 marks and i am aiming to get a mark in the A range. I was just wondering if you had any advice on what to include and how to strucutre it, e.g how many different examples of law reform i should include. Thanks heaps :)
Hey Vinny, I'm sorry I'm just a little unclear on your question! Do you mean, what dictates whether the case goes to the CCA or the next court with appellate jurisdiction? Like, how do they decide which court it goes to? Or, what is the process of appeal?
Sorry! Let me know and I'll try my best to answer :)
In the 2014 HSC MC section - Q10 - "Peter, while under the influence of drugs, has caused the death of another person. He is charged with murder.
Which court will be the first to hear the charge against Peter?
A) Drug Court
B) Local Court
C) Supreme Court
D) Coroner's Court
I thought the answer would be C but the solutions say it's B. Can you please explain why this is the case? Thanks!
Yes, I'd like to know the answer to all these questions haha!
Dear Jamon,
Last time you successfully predicted WORD FOR WORD the question for my Term 1 Exam. Next week is my half yearlies and I wish to seek your wisdom once again.
The topic is Crime. A bit broad but I'd like to hear some predictions as to commonly asked exam questions. I've looked through some papers but I'd love to hear your insight too :) Same goes to anybody who has some idea of possible questions and some strong points I should definitely bring up in the essay.
Cheers, Wales
Dear Jamon,
Last time you successfully predicted WORD FOR WORD the question for my Term 1 Exam. Next week is my half yearlies and I wish to seek your wisdom once again.
The topic is Crime. A bit broad but I'd like to hear some predictions as to commonly asked exam questions. I've looked through some papers but I'd love to hear your insight too :) Same goes to anybody who has some idea of possible questions and some strong points I should definitely bring up in the essay.
Cheers, Wales
Hi! Im extremely confused about what is discretion and how does it help the legal system? thank you very very much!
Hey Guys,
In a Legal Studies Exam how many words/pages do you suggest for the essay/creative?
Thanks,
Mary x
My bets are on Law Reform too, or another theme or challenge.
My year 12 half yearly was on the role of discretion, particularly in sentencing! It sounds obscure and I certainly didn't expect it to be a question. So I'm throwing it out there as a possibility to warn you! ;)
Hey guys! When do we have a referendum, is it when we have to change the constitution or a statute law?
Hey Guys,
In a Legal Studies Exam how many words/pages do you suggest for the essay/creative?
Thanks,
Mary x
Hey guys! When do we have a referendum, is it when we have to change the constitution or a statute law?
Hey there,
This is just a very general guide line but my teacher kept emphasising that the crime essay should be around 6 pages and the options essays around 8 - definitely dependent on the level of detail, length of quotes, size of paragraphs and size of handwriting - for me.. I have unusually large handwriting so I always needed more paper and averaged around 10 pages for each essay including crime --> in reality it was around 7 pages of a normal person's writing. If you are worried about length, you can definitely post it on the legal studies essay marking thread and we can have a look at it for you and tell you what we think :)
hi! this is a question from Jamon's legal studies notes that asks: what are the 4 ways in which crime can be classified?
Does this mean the types of offences like crimes against person, state economic offences etc?
Also, is a disadvantage to strict liability is because the (accused?) does not have a say or provide their side of the story?
Thanks
Omg I forgot I had those questions in my study notes! Best thing ever those things, really liked having the questions there to test my knowledge :)
Those questions will be tough because I wrote them to jog my own memory. So half of them might not click with you, and that's okay. From memory, my thinking with that first one was:
- Summary/Indictable
- Strict Liability/Not Strict Liability
- Offences Against the Person, Economics offences, etc
- Ummm...
See, it barely clicks with me anymore ;D would love for someone to try and guess what the hell I was thinking there :P
Yep, that's definitely a valid criticism of strict liability offences! ;D
Federal offence or state offence?
The questions you have in those notes are definitely really helpful for me to summaries and condense the content. SO THANK YOU! ;D ;D
I also have a question: if there was an essay question that asks to "assess the effectiveness of something (eg.criminal trial process) as a means of achieving justice" how should I structure it and what should I writing about?
Sorry another question: If a 14 year kid commits murder or a very serious offence, will the case be established in the children's court then tried at the supreme court or only at the childrens court?
Hi i was doing a past paper and came up two questions i dont really know how to answer. could you explain them to me please so if a similar question appears i know the information?
- how does the UN seek to enforce Human Rights (3)
- give and example of an international treaty that seeks to protect human rights and a specific right within
for this question i was first going to talk about a convention or decleration but neither are HR so i dont really know what treaty to use. =/
thank you
Hi!
If we were to get an essay question on law reform, what examples would you include? Would it be stuff like amendments to the Bail Act?
Hi!
If we were to get an essay question on law reform, what examples would you include? Would it be stuff like amendments to the Bail Act?
Hi
could you please explain me
- aggravating and mitigating circumstances
- subjective and objective
- judicial statutory guidelines please and well as the differences pretty please?
thank you sooo much
Hi,
I just had a question for Legal. What is the meaning of discretion? and what are the different types in the legal system?
Thanks, Soha
Hi! Welcome to the forums! ;D
Our English Lecturer Emily provided this awesome answer to the same question a few days ago:
Discretion is the idea that people with power in regards to the law (eg. the police, judges) have the ability to interpret how the law is applied. For example, the police have discretion when choosing how much force is necessary when detaining a suspect. A judge has discretion when deciding a sentence. It can work for and against the legal system. A plus is that it means crimes can be judged individually and fairly, meaning that the results could better balance the victims, offenders and society. On the other hand, it can also be used arbitrarily, or even prevent the achievement of justice. A case you could use in favour of discretion is R v Silva, where the judge gave a suspended sentence considering the nature of Silvas crime (as a victim of domestic violence herself). For an argument against discretion, you could use whats commonly referred to as the 'Curti case' http://www.smh.com.au/nsw/police-used-excessive-unnecessary-unlawful-force-on-brazilian-student-roberto-curti-court-hears-20141117-11o3tr.html
Hi in relation to discretion; how does it help society and victims for justice? ( have an essay question for that) but im sort of confused in terms of how could it help victims or even society coz i have alot to back up for offenders but not so sure for the other two. (another question lowkey again related to discretion- is the consideration of mitigating/aggravating stuff when sentencing considered part of discretion?)
thank you!
Hi,
I just had a question! For the assess the effectivness of the criminal justice system, what should we be talking about ? I have different points in my essay and the textbook is talking about different things. I focused on the Children's Court, the rights of the child while Questioning etc... while the textbook is talking about the restorative justice ???
Thanks
Hey guys, I have my half yearlies next Thursday and I wanted to know what the difference between a 15 mark Crime question vs a 25 Option (shelter in my case) question is. What do I need to include in the 25 mark question that I don't need in the 15 mark question and vice versa? Not too sure how many paragraphs I'd need for both.
hello,
i dont understand one part of the reasons against a charter of right being; it is costly and difficult to implement and change?
why is that so? difficult i guess because it would be lengthy process buy why costly?
thanks
I suppose hiring legal professionals might be a cost?
Hi,
I just had a question. Although I am aware that the constitution does not express many human rights. But is it considered effective? as the question is evaluate the effectivness of the constitution?
sorry if this sounds like a dumb question but what role would the legal professional have? would it be like making it sound legally correct or something?
hey does anyone have notes on themes and challenges for crime which could then be used for essays etc?
thank you
hello,
i dont understand one part of the reasons against a charter of right being; it is costly and difficult to implement and change?
why is that so? difficult i guess because it would be lengthy process buy why costly?
thanks
I wouldn't confine myself to absolutes. It is neither effective nor ineffective but rather mildly effective. From there, find evidence that is suggestive of both advantages and disadvantages. Hope that helps.
also, maybe you could check out this page for more information. http://atarnotes.com/themes-and-challenges-in-legal-studies/
I haven't looked at it in depth yet, but it looks really useful upon a quick skim, especially if you're unsure about the themes and challenges!
Hey! just to clarify, what do you mean by 'notes' on the themes and challenges? Because I don't have "notes" dedicated to the themes and challenges per say, but i've written some essay ideas/plans/scaffolds for them is if that's what you mean (which I personally find useful as you can often get essay questions around themes & challenges). For instance, for "the role of discretion in the criminal justice system", you could basically talk about anything under the criminal investigation process syllabus point, charge negotiation, mandatory sentencing, etc. Ofc you need to know about them before you can write about them, but they should be covered in your 'regular'/main notes or whatever anyways :)
I know it's a little vague, so if anyone has any other input... !!
also, maybe you could check out this page for more information. http://atarnotes.com/themes-and-challenges-in-legal-studies/
I haven't looked at it in depth yet, but it looks really useful upon a quick skim, especially if you're unsure about the themes and challenges!
Really loving some of the answers here guys - Thanks to everyone who has been helping out and participating above! ;D
I interpret it as being one of two things - If it is a legislative charter, it chews parliament time to change it. Guessing how high their pay is, paying 150 MP's to discuss it for 2 hours could cost equivalent to thousands and thousands. Plus implementation costs, publication, education of the change to relevant sectors - Time and money ;D then if it is constitutional charter it is worse because you'd need a referendum - Those are wicked expensive :P
THIS was my Legal Studies mantra ;)
Can confirm - Much use, many wow ;D
Concerned with the legal jargon and stuff. I may be wrong though. Other costs could include delays in proceedings due to objections and stuff, which could entail re-accommodation and stuff.
Helloo :) If there was a question about assessing the effectiveness of the criminal trial process as a means of achieving justice - bascially we could talk about anything under the 'criminal trial process' syllabus point, but I'm not quite sure how you would set out your paragraphs? for instance could you have one on juries, charge negotiation, complete defences, and partial defences, or would you only pick ONE complete defence and one partial defence to talk about instead of a few since there are so many?
similarly with a question regarding the effectiveness of the criminal investigation process, could you do one on use of tech (DNA), arrests, detention, police powers (tasers) and search and seizure? or would search and seizure be broken down to different paragraphs such as one on search and seizures without a warrant, sniffer dogs, metadata?
and just a few other things;
does question around the effectiveness of the adversary system mean we talk about anything under the criminal trial process?
similarly a question on the CJS - can we draw from anything under the crim. trial process, sentencing and punishment, and YO syllabus points?
Hi,
I just had a question! At the top of the crime syallbus there is the themes and challenges in which one of them it says
'the effectivness of legal and non-legal measures in achieving justice' --> what is this referring to ?
Hi,
I just had a question! At the top of the crime syallbus there is the themes and challenges in which one of them it says
'the effectivness of legal and non-legal measures in achieving justice' --> what is this referring to ?
hello
can a victim impact statement make a sentence more harsher or severe. if so does it mean VIS serves as an aggravating factor and then impact the offender achieving justice?
thank you
hello
can a victim impact statement make a sentence more harsher or severe. if so does it mean VIS serves as an aggravating factor and then impact the offender achieving justice?
thank you
Hey! VIS allow formal consideration of the impact the crime has had on the victim and their friends/family. Choosing to include a VIS in sentencing considerations is a matter of judicial discretion, and CAN lead to harsher sentences for the offender. But it isn't a direct factor of the crime that makes it more severe, so it isn't an aggravating factor
Not a mod, but I think I can help here.
Victim impact statements, when taken into consideration by the judge/magistrate, generally make the sentence harsher/more severe.
Aggravating factors include factors like substantial harm, loss or emotional damage to the victim, so yes, VIS may serve as an aggravating factor if causation can be proven, so the judge would have to accept that the actions of the offender DIRECTLY led to the victim being severely affected.
When it comes to balancing the rights of offenders, victims and society, that's where it gets tricky. Judges often consider VIS to be impartial, subjective and unreliable, because the victim generally wants the offender to receive a harsher sentence. So yes, if a judge is impartial to the victim this impacts on the ability of the offender to achieve justice.
Hope this helps :)
Hey guys! I've got a question that asks to list out and explain fundamental properties of human rights. Does this mean civil+political rights, economic+social and community rights? ::) Thanks!
Hi
A REALLY urgent question: but which rights does the Australian Constitution guarantee :P
thanks so much :)))
Hi Jemimared! I'll field this one for Elyse if you like. This is a huge question (more specifically, an essay question!) and I won't be writing an entire essay on it for you here. What I'll do instead is give you a quick breakdown of what sort of things can be discussed.
This question focuses on the "Problems in Family Relationships" part of the syllabus. This encompasses:
- Divorce, and the associated proceedings involving Children and Property
- Domestic Violence
and the role of the Courts, Dispute Resolution, NGO's, and the Media, in these matters. Already we can see that this is a huge topic area, though the "cooperation" aspect of the question rules out Domestic Violence for the most part. We want aspects of the legal system that encourage cooperation between the involved parties, so there is a few things we can include.
A big thing to discuss would be the divorce process, which definitely encourages cooperation. Divorce cannot be obtained without proof that the relationship is damaged beyond repair, and in newer marriages, it is compulsory to try counselling. There is also the idea of no fault divorce, that no one is to blame for relationship breakdown. All of this stuff is contained in the Family Law Act 1975.
You can talk about matters relating to Children, how parents are encouraged to create their own custody plans. That both parents remain responsible for the upbringing of the child (that's in the FL (Shared Responsibility) Amendment Act of 2006). This and lots more to discuss here.
Dispute resolution definitely deserves a mention, especially since the most recent amendment to the Family Law Act in 2011, which expanded the process to more effectively deal with Domestic Violence. Mediation, since this amendment, has now been proven extremely effective in repairing relationships (or at least making the divorce process more beneficial to both parties). Besides this, discuss parenting orders, primary dispute resolution methods, and Child Support Reforms.
Hope this breakdown does a little to answer your question! There is literally pages worth of discussion to be had here, but hopefully this summary sets you in the right direction. Was there anything in here you needed a little more detail on? If you narrow the question either Elyse or myself can go into it a little more ;D
How would one go about answering this question? What criteria would you base it on? What arguments would you make?
Assess the use of defences to criminal charges in achieving justice topics: (complete defences to criminal charges), and (partial defences to murder).
Thanks guys.
Hey,
I think provocation as a partial defence would be a good piece to talk about in one of your paragraphs :) You can say how the use of a complete/partial defence allows for justice to be served for the offender, but at the expense of the victim/society. You can see this in the case of R v Singh and R v Loveridge where the provocation defence was used and resulted in a lesser sentence and caused much outrage within society.
Some extra pieces of evidence for the above cases:
Loveridge: The DPP stated that the sentence was 'manifestly inadequete'
Singh: Insights provocation episode Phil Cleary states 'If provocation allows for the killing of a woman for an alleged affair, then women are dead women walking'. (Singh murdered his wife after a heated argument with threats of deportation and claims of affairs).
Provocation has much more cases that you could use; You could look into the gay panic defence and the NSW Law Reform Commision's push to amend the defence to 'Gross Provocation'.
Off the top of my head, consent is a great one as it is something that is difficult to prove and therefore fails to uphold the rights of the victim. You could definitely link this with sexual assault cases; Unfortunately, I have none to offer :'(
There's also the crossover between Mental Illness/Insanity with the partial defence of substantial impairment of responsibility by abnormality of mind. Offenders are usually persuaded to use the partial defence as it is seen as much easier to prove. However, this may leave offenders who are ACTUALLY mentally ill/insane to be tried for manslaughter... leading to injustice.
I kinda rambled on with this sorry :P. This is just a result of me brainstorming a few ideas/concepts that I would personally use when attacking a question like that. I hope this can give you some inspiration as well as other people reading the thread! :)
Hey, quick question.
My legal half yearly is in a few days and I'm speculating a question along the lines of "Evaluate the effectiveness of the legal system in balancing the rights of victims, offenders and society." (I am quite sure we will not be asked a question regarding YOs/international crime.)
Let's say I received this exact question, without it specifying any particular section of the syllabus.
Would I be better off covering the criminal investigation process, the criminal trial process and sentencing/punishment, or would I be better off selecting one of the three topics and basing my entire essay on that specific dotpoint?
I've written essays and plans on each individual dotpoint, so I think I'd be alright either way, but how would the marker like to see it?
there's this question in a practice paper 'define universal education' why would it be worth 2 marks and what else would you include other than the definition
My answer would be similar to (wow it's been a while since, here goes...):
Universal education is the fundamental right to a basic level of education (primary level) for all individuals. Recognition and implementation of this right has been a continuing process since the Industrial Revolution, but remains a significant issue in developing nations.
So one mark for saying what it is, and another for giving a bit of deeper detail - For 2 marks they expect a bit of description, you do have to play to the mark count as well as the verb sometimes (HSC exams are much less ambiguous for things like this) :)
What does it mean by The operation of the Legal System in Australia (prelim)? Also what is the Gutnick v Dow Jones and Co. Inc. (2001) case?
Halloo
So i bought your Legal studies atarnotes and they are aamaaaazeballs. I was wondering if you had any notes for the optional topics Family and World Order by anychance that your selling or you have that you recommend?
thank you :))
Hi, I've recently received an essay question about the Bail Act 2013 and i'm having a little trouble with starting off, any help would be appreciated Thanks!
The Bail Act 2013 (NSW) has been the subject of much debate and significant law reform since it came into force in January 2014.
To what extent have changes to the Bail Act balanced the rights of Victims, offenders and society?
Hi, I've recently received an essay question about the Bail Act 2013 and i'm having a little trouble with starting off, any help would be appreciated Thanks!
The Bail Act 2013 (NSW) has been the subject of much debate and significant law reform since it came into force in January 2014.
To what extent have changes to the Bail Act balanced the rights of Victims, offenders and society?
Hi! What kind of international instruments or documents could be used as evidence for family law, other than CROC and the ‘best interests of the child’? I’m struggling to come up with ones that would help develop arguments for ‘Evaluate the effectiveness of legal and non-legal responses in achieving just outcomes for family members’ from the themes and challenges. Thank you so much :D
What are the three bodies that promote and enforce human rights?
Hey Chelseam :)
I found this document on reproductive rights that might be useful for surrogacy, amongst other areas.
Article 10 of the ICESCR may also prove helpful. :)
What are the three bodies that promote and enforce human rights?
hello, could you explain me the difference between soft and hard international law? i mean dont both need to be ratified to be enforced? thank you :)
Hey! So really, most international law is soft law. Because of state sovereignty, no international law is completely binding on a nation state. They follow it if they want to!
Some international legal frameworks are more binding than others, just due to the consequences in the international community if they are violated, but at the core - All international law is soft.
If you do want to use the terms, usually, we consider treaties to be hard law, and agreements/declarations to be soft law, but again, it totally depends on the enforceability of the specific treaty. Realistically, they are identical
aaah so how would the international community enforce hard laws? what makes them follow the treaties?
Hey! So really, most international law is soft law. Because of state sovereignty, no international law is completely binding on a nation state. They follow it if they want to!
Some international legal frameworks are more binding than others, just due to the consequences in the international community if they are violated, but at the core - All international law is soft.
If you do want to use the terms, usually, we consider treaties to be hard law, and agreements/declarations to be soft law, but again, it totally depends on the enforceability of the specific treaty. Realistically, they are identical
This is very wrong. You are conflating issues of enforceability with legal obligations. Just because the international system lacks a centralised, enforcement mechanism does not mean that legal obligations do not exist. Similarly, it is wrong to say that some are more legally binding than others - they are either binding or they are not. Treaties that have been consented to and ratified by individual States are binding on those states - this is not an aberration from the principle of state sovereignty, but an affirmation of that principle. Another accepted source of international law is that of customary international law [CIL], which again may create rights and obligations for states. These are not 'soft law', in whatever sense you may understand the concept to be.
It is also wrong to broadly assert that agreements and declarations are soft law. Treaties between say, two states are bilateral agreements and would bind the respective states. Declarations from the UN General Assembly are broadly speaking non-binding although they may turn binding through becoming a part of CIL over time. Also, as the Nuclear Tests Case between Australia and France suggested, unilateral declarations by a state may have the effect of creating legal duties - there, France conducted nuclear tests in the South Pacific Ocean despite its authorities having had in the past declared that they would refrain from undertaking nuclear tests.
Now, generally speaking, the concept of soft law deals with those normative instruments which are not legally-binding. There can come from resolutions, recommendations or even specific organisaitons within the international framework. Again, they may develop into CIL and become legally binding given appropriate time and conditions.
Of course legal obligations do exist - Never did I say that they don't. I said that "no international law is completely binding on a nation state." This is true however you look at it. The principle of state sovereignty allows a nation state to sign and ratify a treaty, yes, but the nation state can also withdraw.
Never intended to imply that all agreements/declarations are soft law, apologies if it came across that way :) I did mean to say that some international legal frameworks are more binding than others, or perhaps the better word there would be enforceable - Because as you say, you can't really enforce customary law directly until you have it reflected in a treaty or other document, at least to my understanding :)
There is a difference between simplifying content and teaching the wrong content and in this case HSC seems to be facilitating the latter.Remark: Almost everything in the HSC is wrong. For every subject.
Remark: Almost everything in the HSC is wrong. For every subject.
Potentially exaggerated but that's seriously what it feels like.
In all honesty, I think it might just be more a legal studies problem. Legal studies in VCE is more holistic and political in that it teaches about legal institutions and areas of law broadly - their role and functions, strengths and weaknesses, and their interaction with individuals in society. There is very little on learning about the actual law and its application and I think that is entirely fine and appropriate for college students. No teacher without legal training should ever be teaching 'law' and what must be made clear to students is that legal studies does not prepare them for the study of black-letter law.
Hey! I'm making mind maps for all the themes and challenges outlined in the topics of study I'm doing.
What would be appropriate to include for the role of law reform in the CJS, and the effectiveness of legal and non-legal measures in achieving justice? This is for Crime btw.
I need help in finding 3 articles for the sub heading Rights and Responsibilities for my media file thx.
I was wondering how to organise notes regarding the themes and challenges..?
I was wondering how to organise notes regarding the themes and challenges..?
A third way was HCA but I'm not sure what HCA is exactly or what it is short for.Hey! Maybe it stands for the High Court?
Hi I'm back
I asked for help with this particular question 'Identify three different ways that power can be shifted from the states to the Federal Government' before. I was provided with information that Referendums and Cooperative federalism are two different ways that power can be shifted from the states to the Federal Government. A third way was HCA but I'm not sure what HCA is exactly or what it is short for.
I was hoping to get some help with these questions please.
2. Identify three specific examples of how power has slowly shifted from the states to the Federal Government
3. Identify three powers that the States has retained, and powers that are not allowed to be controlled by the Federal Government
HCA is High Court of Australia :)
For question 2: I don't know this off the top of my head, I don't know much about the way the powers came to be divided, only that they are! But, I've taken this from online: (Source here) Sorry to not be able to definitively help you, this is the best I could find. I'd love if someone else could pipe in about this!
There was considerable comment during the Convention Debates as to what powers should be vested in the Commonwealth and what powers should remain with the States (an issue still debated to this day). In his speech on 13 March 1891, Sir Henry Parkes (NSW) said that the institutions of government in the separate colonies were as perfect as could be found anywhere in the world but that there were limits on what could be achieved individually:
There are a number of things which no one of the separate governments can by any possibility do, and those things are amongst the highest objects of government.(26)
Parkes suggested defence as one of those activities that could not efficiently be carried out by the separate colonies independently of one another. Similarly, on 16 March 1891, Mr Deakin (VIC) said:
The states will retain full powers over the greater part of the domain in which they at present enjoy those powers, and will retain them intact for all time. But in national issues, on the subject of defence, as people who desire to have their shores defended, and to see their resources developed by means of a customs tariff and a customs union - on these questions there are no longer state rights and state interests to be guarded in the constitution, but the people's interests are one, and they call upon us to deal with them as one.(27)
The legislative powers of the Commonwealth Parliament are, in the main, to be found in Part V, Chapter I of the Constitution. Section 51 of the Constitution lists the majority of those matters on which the Parliament may legislate, often referred to as the Commonwealth's heads of power. The Parliament may, for example, make laws on:
trade and commerce with other countries, and among the States [s 51(i)];
taxation [s 51(ii)];
defence [s 51(vi)];
corporations [s 51(xx)];
immigration [s 51(xxvii)]; and
external affairs [s 51(xxix)].
For question 3: The state government controls transport, education, housing, roads, railways, state police, and ambulant services. I'm not so sure about the wording "not allowed to control" in terms of the federal government, but I know these things are state controlled.
Here's a website made by The Parliament of Australia that might be helpful.
in which two circumstances can a precedent be created?
in which two circumstances can a precedent be created?
The two conditions that need to be met in order to use a precedent:
1. The precedent must have been set in a higher court in the same legal system or hierarchy of courts as the court the present case is before.
2. The material facts must be the same.
Precedent is '[t]he making of law by a court in recognising and applying new rules while administering justice' - Black's Law Dictionary, 9th Edition.
Essentially, a judge would make law or create precedent where there is no relevant law governing the present facts or the interpretation of a statute. Another circumstance I can think off is where a judge decides to override. Here, a relevant precedent does exist for the present facts, but the superior judge thinks the precedent from the inferior court is bad law and thus decides to supersede it thereby creating a new one.
Just to be clear, using precedents is quite different to creating one. Also, a court can use or adopt any precedent it wishes - even those from a foreign jurisdiction or from an inferior court, subject to the doctrine of stare decisis - courts must follow any applicable precedents or decisions of superior domestic courts.
Hi, can someone clarify the recent changes to the Anti-racial discrimination act? The wording is changed from "insult" to "harass". Has it actually been approved and changed, or has it been defeated?
Hi, can someone clarify the recent changes to the Anti-racial discrimination act? The wording is changed from "insult" to "harass". Has it actually been approved and changed, or has it been defeated?
Hi! Could someone please explain what judicial guidelines are? Thank you :)
1) How does one effectively reference a media article when writing a Legal Essay? What kind of article should I be looking for, one that contains judgement and reports or more statistics centric articles?
2) What is the most effective way of integrating a statement into a Legal Essay? My teacher has outlined how it shouldn't be directly quoted at the start/end and to integrate the concepts throughout the essay (each paragraph) or something along those lines.
3) Where are some good sources for recent articles. I've been told to look under "media releases" under parliamentary websites but I'm open to others.
Hey Chelsea! Speaking basically, judicial guidelines are precedents, prior judicial decisions that a judge might use (or may be required to use) in forming their decision for the case in front of them! ;DThank you so much Jamon! :)
Hi! Could someone please explain what judicial guidelines are? Thank you :)
Hey Chelsea! Speaking basically, judicial guidelines are precedents, prior judicial decisions that a judge might use (or may be required to use) in forming their decision for the case in front of them! ;D
Guideline judgments are means by which a superior court may provide guidance to other courts over the exercise of judicial discretion, e.g. sentencing etc. The judgments are there to guide and not dictate, unlike precedents which may bind. In short, they are two different things. For some helpful recent judicial discussion on this, see R v Wong [1999] NSWCCA - 'As was explicitly stated ... a sentencing guideline is indicative only. A guideline may be departed from and it is not binding in any formal sense nor does it constitute a rule of law [unlike precedents] (see Jurisic at 220; Henry at [25] - [30] and [42]).' This case ended up in the HCA and the plurality judgment there also referred to the above statement, merely suggesting that they should at least always be considered [43].Thank you so much! This is so helpful :)
Hi I have an essay due on "Assessing the role of government in providing and securing shelter for individuals" - I know its one of the options so its not a core study but I was wondering if you could give any advice on starting this as I am lost thanks!
I like to use media articles to show public opinion of issues (ultimately, things being written about are important to the public at least to some degree). They may also contain useful quotes from legal personnel, politicians, or other useful bits. It is more effective to have a specific reason to introduce the article (to show an opinion, or reference a quote) rather than just using it as a lead in to a case. Lots of people say, "As is discussed in __________ article, the Thomas Kelly King hit case was a significant success in..." - That's not super effective, because you don't actually do anything with it. It's just there to check a box, so to speak :)
I agree with your teacher! Putting it in the first sentence as a direct quote isn't the most sophisticated way to go. Embedding the ideas from the statement throughout the response is the way to go - I also liked to paraphrase the quote into what I was saying, makes it a bit more obvious that you've made a direct effort to "integrate the concepts."
^ See the paraphrase I did there? ;)
Media releases are Gold, keep your eyes on prominent media websites as well (be aware of bias) ;D and don't forget our media library/recent developments threads ;D
Sorry to post again :P Hope you don't mind seeing my face around here too often ahah
I'm having a fair bit of trouble understanding the task, or rather what to study for. Would anyone here be able to give me a brief rundown of possible exam style questions regarding Family law and specific parts I would need to mention. The assessment notification is quite broad, it outlines how we should study recognition of same sex marriages, effectiveness of family law/law reforms and divorce and domestic violence. I'm quite genuinely confused as to what to look for and study for.
Should I be looking to get a laws/law reforms for each of the categories? 1 for Effectiveness/Ineffectiveness of Family law, Divorce and Domestic Violence? What's an exam question that I should look out for/what's a good exam question to practice. I'll have a look through past papers and see if I come across anything.
Hey Guys,
I got my 1/2 yearly back for legal today. I'm aiming for a band 6, but by the looks of things I'm only at a band 5 level.
My first crime assessment was worth 10% and I got 83%
My 1/2 yearly was worth 20% and I got 80%
I am actually so disappointed because these are my lowest scores all year for the HSC and I need to get things up to scratch.
I would love some tips and opinions.
Thank you so much,
Mary x
Hey Mary! First of all, those are awesome results! Being at that standard this early is exceptional - Of course it might not meet your personal expectations, but do know that you are in a good spot! ;D you'll almost definitely improve and be at the 90's by the time the HSC rolls around :)
You need to figure out exactly where your marks went, and address those issues. Was it content? Was it arguments? Was it silly errors? Was it time management? The first step to improvement is laying out the steps to get you there, and that comes from giving yourself honest feedback and developing a plan of action :)
All the resources we have for Legal are collated in this thread - You should give these articles a read!
Be sure to let us know if we can help in any way :)
Hi Jamon,
Thank you. I've been fairly stressed about my 1/2 yearly results. Most of it was stupid errors like marking the writing answer in the answer booklet, but putting the correct one in my exam booklet. It was stress and I think I freaked myself out. The next task is a hand in, about a contemporary human rights issue. I understand that there is marking for advanced and extension essays, but is there possibly marking for legal assessments? I hope so.
Thank you so much,
Mary
hello
could you please help me in understanding how the consitution, common and statutue law protects human rights and which of these are most effective? sort of confuzzled in this area
thanks heaps! :))
Hi! I understand that a treaty is an international agreement between 2 (or more) nation states, but I'm confused about the difference between a treaty and a covenant. Could someone please clarify what a covenant is? Thank you :D
Don't call it the Treaty on the Rights of the Child for example (TROC is a noticeably more humorous acronym than CROC for some reason, aha!) ;DHAHAHAHA 😂😂 Thanks so much Jamon! :D
Hey kiiaaa, let's break this down!thank you so much elyse! your so helpful
According to the HSC syllabus, this is essentially what you need to know:
The Constitution
You need to know the difference between the express rights and the implied rights in the Constitution. Part of the strength of the Constitution is that it is nation-wide, so these rights are protected on a national level to create uniformity across the country. The express rights are the ones that are clearly and explicitly stated in the Constitution. There are just a few of these, and they can only be changed via a referendum, so they're pretty strongly protected. These are the five express rights:
Right to "just terms" with the compulsory acquisition of property in section 51 (xxxi) (The movie, The Castle, deals with this :) )
Right to trial by jury in section 80
Right to free interstate trade and trade in section 92
Freedom of religion in section 116
Freedom from discrimination based on one's state of residence in section 117.
The implied rights are taken from the Constitution. Implied rights give the Constitution a sort of unusual flexibility. The High Court is the ability to make rights-based rulings that are consistent with changing social values, expectations, circumstances, as well as showing consistency with the content of the Constitution. The supposed implied right that sticks out the most to me was clarified in the case Lange v. Australian Broadcasting Commission (1997). This basically declared, the right to the freedom of speech is not unlimited in Australia, because one can be defamed. The ABC appealed that Freedom of Speech was an implied right, and the High Court ruled that although Freedom of Speech exists in Australia, it is not unlimited.
The protection of human rights in the Constitution is strong, given that the process of changing the protection of these rights is not easy: it requires a referendum. But, quality or quantity? Because there are very few rights actually contained in the Constitution.
Common Law
We inherited our common law system from the United Kingdom, which includes the Magna Carta (perhaps the first official human rights treaty). Sometimes common law is referred to as judge-made law. For example, the court must refuse to let a trial go ahead if it is deemed to not be a fair trial.
Common law can be reduced or expanded by legislation made in Parliament.
Statute Law
As for statute law, this is made in Parliament. Unlike the Constitution, this is not necessarily nation wide. It may be country-wide, though! Examples include: Racial Discrimination Act 1975 (Cwlth), the Sex Discrimination Act 1984 (Cwlth)(11) and the Disability Discrimination Act 1992 (Cwlth). Statute law has a weakness in dealing with human rights because legislation can be overturned by an act of Parliament without the requirement of a referendum. This can turn into a bit of a political game, because parties in power recognise their ability to change statute law. This was quite controversial during the Howard Government's time in relation to the Wik Decision. So, although the strength of the protection is weaker than it is in the Constitution, statue law provides protection for a greater variety of human rights.
Then it is to be considered, should Australia have a bill of rights? This is in the syllabus as well so you'll no doubt get to that soon!
-
As a separate thing, I think this article is worth a read. It addresses the culture of human rights in Australia. It's just an opinion piece, but might give you some insight!
This is also a link here to the AHRC, which breaks it down as well :)
hello everyone
could someone please explain to me the Wei Tang case for human trafficking and slavery? the textbook i use confuses me for what happened for her conviction and retrail.
thank you so much
Hey Kiiaaa! It's pretty common for textbooks to present cases with appeals in a confusing way. There's a great summary here (that site is gold btw). I used this case too! After jogging my memory with that site, what happened was:
- Victorian County Court found her guilty for the charges relating to slavery
- She appealed to the Victorian Court of Appeal which ordered a retrial
- The DPP then appealed to the High Court, and the original guilty verdict was the final outcome
Hope this helps ;D
Hi all
I was wondering if you could help me in teaching me how to cite newspaper articles for me please such as this? http://www.smh.com.au/business/workplace-relations/blackmail-extortion-and-slavery-at-a-restaurant-near-you-20170324-gv5usu
I have some articles which I have no clue how to cite or mention during my essays or extended responses and would like to know properly on how to address them and merge them in with my writing.
Hope that all makes sense
thank you so much! calling you guys 'amazing' would be a massive understatement
Hi
How do I incorporate media files more sophisticatedly in my essays? Thank you!
Hey maria! I like to use media articles to show public opinion of issues (ultimately, things being written about are important to the public at least to some degree). They may also contain useful quotes from legal personnel, politicians, or other useful bits. It is more effective to have a specific reason to introduce the article (to show an opinion, or reference a quote) rather than just using it as a lead in to a case. Lots of people say, "As is discussed in __________ article, the Thomas Kelly King hit case was a significant success in..." - That's not super effective, because you don't actually do anything with it. It's just there to check a box, so to speak :)
Instead, look for things IN the articles, such as quotes, that you can use in your responses to give it more credibility. Alternatively, find articles that represent societal thinking at the time. Then you say things like, "Media articles such as _______ emphasise the importance of this issue to the public at the time, demonstrating an ineffectiveness of the legislature in responding to a prevalent ethical issue."
Hope this helps ;D
Hi there :) So I've currently got an essay for World Order about "Evaluating the effectiveness of Australia's federal government in responding to world order issues" and I'm struggling with how to structure it. I've been given a brief description about including general responses by Australia e.g the Constitution, states and international law, Australia's role in global affairs etc, and the UN intervention in East Timor. Would it make sense if I based my paragraphs on general responses (1 para on the Constitution with media articles, statistics... another on global affairs) and then used the case of East Timor as part of 'role in global affairs'? Or am I meant to be addressing more than just general responses? Thank you!
Hey Elyse!
I am currently writing a response to the 2016 essay question for World order and using the case studies of the civil war in Rwanda and the ongoing Libyan Crisis. I am just wondering if you think that they are good ones to use, or i should look at using more contemporary examples (especially in regards to Rwanda). Also, is two detailed case studies enough or should i use more?
Thankyou so much for your help!
Guys whats the main difference between the ICCPR and the ICESCR??
Guys whats the main difference between the ICCPR and the ICESCR??
Hope this helps!! Basically ICCPR are "freedom from's", whereas the ICESCR are "right to's" :)
Guys whats the main difference between the ICCPR and the ICESCR??
hiya guys!!
For anyone that has done family law, it's such a huge topic and I was wondering how on earth do you keep track of the CSM that you use?
Would it be easier to do it dot-point by dot point, or just doing a massive case bank at the end of the topic? We only just started it but I feel like I'll be overwhelmed by the end of it. Thanks in advance!!
Hi!Hey! How are you finding that topic? Definitely very interesting, in my opinion, but not the most popular study option. I'd love to know what you think of it!
One of my electives is Global Environmental Protection and I was wondering if it is good to base your essays, for questions such as the effectiveness of legal and non-legal measures, around particular cases? Or base them more around the theory?
Thanks!
Hey guys,I always use the criteria that's in the syllabus! You can also talk about responsiveness, if it meets societal needs, and the protection of individual rights!
a really, really stupid question, but I was wondering what the criteria for effectiveness/evaluating something was? I know there is achieving justice, accessibility, enforceability, resource efficiency but there must be more?
Thank so much,
Mary x
I always use the criteria that's in the syllabus! You can also talk about responsiveness, if it meets societal needs, and the protection of individual rights!
Hey guys,
a really, really stupid question, but I was wondering what the criteria for effectiveness/evaluating something was? I know there is achieving justice, accessibility, enforceability, resource efficiency but there must be more?
Thank so much,
Mary x
Hey :) My question's regarding World Order and I'm wondering how by signing international agreements Australia promotes world order? Is it because it influences other nation states to do the same? Except, in most cases, it hasn't really made much of a difference... I was hoping you could help!
I'll also add - when I look at the effectiveness of something in legal I look at three main parties:
-The victim
-Society
-The Offender.
Sometimes the victim and the offender will somewhat overlap, which is fine, but you usually get a good variation of arguments there! Whois it effective for? I think this really diversifies your essay :)
There has been a HSC question before...I'm thinking it was 2014 but can't be sure, where they specified the last party as the 'accused.' Just be aware this indicates something different to the offender. The offender is someone who is proven guilty, the accused is talking about the earlier stages of trial.
Hey! How many cases should I try to integrate per paragraph in the Family Law topic?
Does anyone have workplace notes?
what does this question mean? How should i go about this question, being allocated 2 marks.
Describe the role of the law in encouraging cooperation in regard to this issue.
cyber bullying - http://www.theage.com.au/victoria/cyberbullying-top-of-parents-minds-as-teens-go-back-to-school-20170129-gu0qmp.html
cyber bullying - http://www.theage.com.au/victoria/cyberbullying-top-of-parents-minds-as-teens-go-back-to-school-20170129-gu0qmp.html
Hey, I've got this assignment essay question for Consumer Law and I just can't find information on the topic except for that the Trades Practices Act was changed to the Competition and Consumer Act...
“Evaluate the effectiveness of law reform in achieving just outcomes for consumers”
If anyone's got any ideas, resources or cases, that'd be really helpful.
Thanks :)
Hi !
I have an assessment task about world order that requires contemporary regional/global situations that threaten peace and security to answer a question 'Evaluate to what extent legal and non - legal measures have been effective in responding to at least one contemporary regional/global situation that threatens peace and security?'
I have found two issue but I am unsure.
First issue is Omar Al Bashir (who has committed war crimes, crimes against humanity, genocide) but is it really an issue that threatens peace and security when he mostly has violated human rights?
Second issue is Russia using veto 8 times to back out of Syrian resolutions,but is veto really a legal measure? If so then under the syllabus, does it just come under 'the United Nations' which is under 'responses to world order' in the syllabus?
Thank you! Apologies if this is too much as a question!
Hi !
How many words / pages would you recommend when writing a legal studies essay within a 45 minute time frame?
I'm confused with this question
What should I definitely include in my essay?
(http://i.imgur.com/H9ebIlb.jpg)
It says at least ONE issue, but can you do two? Would it be too much?
Thanks :)
Hey! You could definitely do more than one if you preferred it - It would probably be easier, since you wouldn't need as much depth! Basically, you just need a handful (1 to 3 probably) of situations, where you can evaluate the response of Legal and Non-Legal measures to those situations (North Korea would be a good case study right now) ;D
Can someone help me out with what i am supposed to do for this research oral task?
Oh ok. Also, what would be a non-legal measure? I know legal measures like the UN and government treaties, but kinda stumped on the non-legal aspect :/
hey, all!
I have a few questions I was wondering if you could help me out with firstly what is mandatory sentencing? (my teacher and the textbook do explain it but i just cant get it into my head so this was my hope) and what is good and bad about it?
secondly what is subjective circumstance and objective seriousness and how does it differ from mitigating and aggravating factors (sort of confuzzled)
thanks so much
Hey!
It is the last section which i'm confused with..
Can someone help me find a case that has been heard in the family court of australia? i cant find any because the ones i found are closed to the public... help
Hey
Does anyone have a good definition for a "just outcome"
Would be appreciated Thanks :)
Hey
Does anyone have a good definition for a "just outcome"
Would be appreciated Thanks :)
Does anyone know any contemporary or great past cases that could be effectively used in a International Crime Extended Response ?
hey guys!
I just got a legal studies task notification on family law and it is about evaluating the effectiveness of the law in achieving justice for family members. Just as a rule of thumb kinda thing, are we allowed to refer to other states when doing family law? One of the options for this question is the recognition of same sex couples and I know the recognition of rights for same sex couples vary considerably from state to state. (i.e South Australia and Tasmania) Do I need to keep it to New South Wales? or can I discuss this is the response?
Thanks in advance!!
How would one answer this question:
"Outline the role of the Family Court of Australia in Australia’s legal system"
Hi! You should be able to refer to all around Australia for cases on same-sex couples because the most widely used cases are Croome v Tasmania and Toonen v Australia, which are not specific to NSW. The focus should still build around NSW's role in achieving justice with references and supporting evidence from other states to show understanding.Yes it definitely does!, I think we touched on those cases in class so I'll definitely look into them further, thank so much!!
Obvs, you wouldn't use other states' legislation in other topics like Crime because they are quite different from state to state.
Hope this helps :)
Hi all
Whats everyones thoughts for how many elements of criteria to use for a world order essay
hey everyone!
I was looking for some guidance on a 25 mark essay. We actually haven't done many in legal yet, only the 15 markers and so I was wondering around how many cases. legislations and files as such you would need to ideally use for a solid response. Its on family law and should strictly be 1200 words.
Hey there! It is difficult to approach a 25 marker for the first time. I felt this way when I did my first essay for SOR, but in Legal I had done assessment tasks that had more or less asked me to break down an essay, so it felt more bite sized! How many cases and legislation and what not is always hard to define. If you told me you used 3 cases in your essay I'd think that's pretty solid, but it really depends what you do with them. You might just be using a case to say it set a precedent, or you might be using a case as a great example of exactly how the law is applied. In each body paragraph, I'd aim to use a case or a significant statistic just as a way of proving your point. in every case. Don't forget to incorporate the themes and challenges too - so often they are overlooked but they are great for improving the sophistication of your work. I wrote a guide to break them down here.
Also, Jamon state-ranked in legal and he wrote about how he did exactly that here and it has a section on formulating arguments, which will be good for you to read! :)
hiya!
This is such a stupid question but I was wondering what exactly the difference was between the Australian Human Rights Commission and the Human Rights Committee. I'm reading through statistics and apparently they are not the same thing. Is one legal or the other non-legal or are they both government bodies. Thanks in advance!
Not a stupid question! The Human Rights Committee is the OHCHR, which is an independent body that looks specifically at the way the ICCPR is being implemented by states. The OHCHR also considers complaints that states make about each other, and they can investigate these. The Australian Human Rights Commission is within Australia, whereas the OHCHR is more global. It was established in 1986 (had to google that), so they are statutory, but independent, and they report back through the Attorney-General. I've taken this directly from their website:
Our statutory responsibilities include:
-education and public awareness
-discrimination and human rights complaints
-human rights compliance
-policy and legislative development.
We do this through:
-resolving complaints of discrimination or breaches of human rights under federal laws
-holding public inquiries into human rights issues of national importance
-developing human rights education programs and resources for schools, workplaces and the community
-providing independent legal advice to assist courts in cases that involve human rights principles
-providing advice and submissions to parliaments and governments to develop laws, policies and programs
-undertaking and coordinating research into human rights and discrimination issues.
Hi! I have an essay that requires to "Evaluate the effectiveness of the legal and non-legal responses in achieving justice for recognition of same sex relationships." I've found cases, media legislations etc.. but I'm having trouble on how I should go about to structuring this essay.
Thanks :)
Hey there :) I had an essay about Australia's federal government and its responses to World Order issues (how effective) but silly me, I forgot to mention state sovereignty and how that hinders the role of Australia! Is that a deduction of marks in your opinion? I wrote about ineffectiveness in being able to enforce certain things etc. but I didn't directly talk about state sovereignty. What do you think?
Hi! Do you know if we are expected to know any content from the prelim syllabus for the HSC exam (other than stuff that overlaps with the HSC topics)? Thank you :D
Hey Chelsea! Nope - Prelim content isn't assessable unless, as you say, there is crossover ;DSweet! Thanks Jamon :D
Hi! Do you know if we are expected to know any content from the prelim syllabus for the HSC exam (other than stuff that overlaps with the HSC topics)? Thank you :DI've found that the topic that links over the most is law reform - just because you look closely into the reasons for law reform in preliminary, but it is also a theme and challenge in the HSC course, which is examinable! But you obviously extend your knowledge in the HSC course, but it's great to have your preliminary knowledge there!
I've found that the topic that links over the most is law reform - just because you look closely into the reasons for law reform in preliminary, but it is also a theme and challenge in the HSC course, which is examinable! But you obviously extend your knowledge in the HSC course, but it's great to have your preliminary knowledge there!Thanks Elyse! ;D
Hi allBasically, the biggest challenge is that we can't make states do something they don't want to do. So, we can't force anyone to sign or ratify documents, and even if they do that, we can't force them to follow it if they think it's not in the best interests of their own nation. There's conflict here when there seems to be a global consensus of what is right, or what is best, but each nation has their own concerns, agenda, and demographic, and the UN, or another state, cannot force another state to act in a way that the "offending" state seems to think is in the best interests of their own state. So as much as we'd like to gain complete cooperation on a lot of things - it isn't always possible because state sovereignty can be used at any time as a reason to not engage with a particular document, resolution, treaty, or organisation.
How can I relate state soverinty to world order issues, its really troubling me
Hi!
Just wondering how many cases you think i should use in a Young Offenders essay? I am definitely going to use the Corey Davis case but I'm finding it hard to find other cases!
Thankyou so much!
Camilla
"Outline the role of the Family Court of Australia"
The Family Court of Australia was established by the Family Law Act 1975, under the Australian Constitution and has original jurisdiction on all states and territories except for Western Australia . The court has a pivotal role in addressing complex and serious family matters that was previously handled by state supreme courts, which includes divorce applications, parenting disputes and separation.
Does this make sense?
Is anyone else doing a World Order Task into East Timor and/or North Korea ??
if so and you would like to exchange resources that would be awesome
Help much appreciated!
hey guys!
I have a hand-in task on family law coming up and I've chosen to do it on the recognition of same sex couples. This is the question: Evaluate the responsiveness of the law in achieving justice for family members
It's a 25 mark essay and I want to split it up into three main points
1. Recognition of same-sex partnerships
2. Recognition of children in same sex partnership (bringing up adoption and such)
3. I'm not quite sure yet
This is my into thus far:
The responsiveness of the law in achieving justice for all family members in regards to the recognition of same sex couples has been somewhat responsive. Although same-sex couples have struggled throughout the years to obtain the same legal rights as opposite sex couples, the Australian legal system has made significant progress in ensuring the rights of same-sex couples are kept consistent with that of their opposite sex counterparts. However, laws concerning that of same-sex marriage and children of homosexual couples severely impede on the responsiveness of the law in achieving justice for family members.
Is this a good plan and intro so far? And is there anything I could use as my third point? I struggle so much with intro's and plan's so any guidance would be much appreciated. Thank you so much in advance!!
hey guys!
I have a hand-in task on family law coming up and I've chosen to do it on the recognition of same sex couples. This is the question: Evaluate the responsiveness of the law in achieving justice for family members
It's a 25 mark essay and I want to split it up into three main points
1. Recognition of same-sex partnerships
2. Recognition of children in same sex partnership (bringing up adoption and such)
3. I'm not quite sure yet
This is my into thus far:
The responsiveness of the law in achieving justice for all family members in regards to the recognition of same sex couples has been somewhat responsive. Although same-sex couples have struggled throughout the years to obtain the same legal rights as opposite sex couples, the Australian legal system has made significant progress in ensuring the rights of same-sex couples are kept consistent with that of their opposite sex counterparts. However, laws concerning that of same-sex marriage and children of homosexual couples severely impede on the responsiveness of the law in achieving justice for family members.
Is this a good plan and intro so far? And is there anything I could use as my third point? I struggle so much with intro's and plan's so any guidance would be much appreciated. Thank you so much in advance!!
I should probably leave this to our state ranker legal student but hey, I'll give it a try.
With your intro, I like how you established firmly your judgement, clearly defines the path of the essay. Nice. I feel like you need to mention something about how the legal system hasn't been responsive for same-sex marriages. For same-sex couples you've mentioned how there's been a struggle throughout years but not so much for marriage. Maybe add in lacklustre response times? Not too sure. It's an essay structured around the RESPONSIVENESS so I would focus on how efficient and quick to react the law is to resolving these cases.
I would include something about the best interests of the child in point 2 if you aren't already, I believe anything you write relating to children at least has to mention that, after all it's the most key focus of your paragraph too!
Point 1 there's a lot to talk about. How laws have reformed to allow same-sex couples to use BWS as a partial defence to name one. Link it to whatever you can that's relevant, that's what I've been seeing Jamon tell people :)
Not too sure what to suggest for point 3. I would personally group my essay for Family Law into 3 main categories, Domestic Violence, Same Sex, Children & Divorce but I'm sure you can find something to write about Same-Sex in family law.
Correct me if I am wrong in any place :) I've only just finished Family Law myself so I would see what Jamon has to say as well.
Goodluck my fellow legal student ~ !
This is great! Thank you so much for the awesome feedback!! I'll definitely weave this into the structure I have! All the best for your exams!!
Guys, know any good family law cases? It's for a speech...I just did an assessment on domestic violence and i used:
Guys, know any good family law cases? It's for a speech...
Check out the Family Law notes in our Notes section too! Bound to be a few there ;D
oh lol, i didn't even think about that! Thanks Jamon and i know you have a legal essay marking forum.. could i still send my speech on that forum or...
I would love feedback so i can start timing and practising
I am stuck on whether to do Syria or North Korea for my legal assessment. The question asks us to discuss the legal and non-legal measures.
Which issue would be more easy to meet the criteria? The essay is marked out of 25 instead of 15
I am stuck on whether to do Syria or North Korea for my legal assessment. The question asks us to discuss the legal and non-legal measures.
Which issue would be more easy to meet the criteria? The essay is marked out of 25 instead of 15
When citing an article in the exam, do you think it's necessary to state the date of publication specifically? It's such a struggle to remember the day, month and year of every article I'd like to use in an essay under such pressure. Some people make up the day but accurately state the month and the year... is that cool too? ;D
When writing about legal/non-legal measures to world order, would you use two different legal with two different non-legal measures?
I've already written one body paragraph on the UN veto power, but don't know if I should change to NATO or do a different ineffectiveness of the UN.
Also, is R2P legal or non-legal. They were a UN thing, but dunno if by law.
guys what are some solid cases that I can use for a question that involves the recognition of same sex couples?
What is a good legal case for domestic violence? I want to talk about the ineffectiveness of ADVO's.. pls help
Crimes ( Domestic and personal violence act 2007) - Did something for ADVO's, created a separate act I believe? Someone correct me :PNot sure if this is correct but I think it set out legislative framework for AVOs, ADVOs? But I know that it defines domestic violence as ‘an offence committed by a person against another person with whom the person who commits the offence has (or has had) a domestic relationship’ - the changed wording from previous laws broadens the definition of domestic violence to allow same-sex relationships to be included and there's no time limit required :)
Not sure if this is correct but I think it set out legislative framework for AVOs, ADVOs? But I know that it defines domestic violence as ‘an offence committed by a person against another person with whom the person who commits the offence has (or has had) a domestic relationship’ - the changed wording from previous laws broadens the definition of domestic violence to allow same-sex relationships to be included and there's no time limit required :)
Hey! Check out my Family Law Summary Sheets, there are a few good ones there! ;D
Hi all,
Does anyone have any ideas on how to remember LCMID's, for the HSC exam there will be 3 essays so that means that around 45 LCMIDs will need to be remembered
Thanks
Hello,
Does anyone by any chance have any notes for themes and challenges for family law that they will be willing to share? I couldnt find any on the notes section :'(
thank you so much :) :) :) :) :)
Hi! Are war crimes and genocide considered to be crimes against the international community? Or are these all separate categories? Thank you :)
Hi! Are war crimes and genocide considered to be crimes against the international community? Or are these all separate categories? Thank you :)
You can talk about the international responses and domestic ones. Legal and non legal. That's what I would do
Genocide and war crimes would both be crimes against the international community for most purposes - There are no strict definitions of crimes against the international community but those two definitely qualify ;DSweet! Thank heaps guys :D
Sweet! Thank heaps guys :D
hey guys!
I'm doing family law right now and I was just wondering that besides the right to not marry, is there rights that same-sex couples don't that heterosexual couples do have? I've been researching heaps on adoption and inheritance and areas like this but from what I can gather everything is pretty consistent besides the right to marriage. Is there anything I'm missing as I need to write an essay on the responsiveness of the law in achieving justice for family members? Any help would be heaps appreciated!!
Hi,
Just wondering if you think you should structure crime essays by cases- every paragraph is a new case and you introduce ideas/ legal concepts through the cases?
Thankyou!
Question about non-legal responses
Hey guys!
I have a legal essay to do, with the question being "evaluate the effectiveness of legal and non-legal responses of contemporary family issues"
Just asking, what are some non-legal responses besides the media, and also is the Australian Human Rights Commission a legal or non-legal response (as it is independent of the government but still a statutory body)?
Hey Maria! I'm fairly sure (from memory) that many of the rights are now pretty close to equalised through legislation amendments, my essays in Legal for same sex relationships were quite appraising of the legal systems response, always finishing with a big breakdown of the marriage equality issue as the final lasting failure. I could be wrong, but it is definitely close to an equal playing field in terms of legal entitlements (happy to be corrected by those more knowledgeable) ;DThanks so much Jamon! I think I'm taking the same approach in terms of appraising the law and then do a chunky paragraph on the marriage issue as everything else seems to add up.
Hi Guys,
Does anyone have any cases that could relate to the care and protection of children.
They can be from any year as long as they were in Australia.
Thank you all.
The Keisha Abrahams case comes to mind straight away? Both the case of her murder but also the discussion surrounding the care she was in leading up to her death!
Hey,
I was just wondering if you can use a R2P as a legal method in a Legal and Non legal method essay? Thanks
Hey All,
For my topic of care and protection of children does anyone know of/have any legislations (reformed would be extra useful) that support or mention the topic within it.
Thank you
Hey hey! I've got my Family Law Summary Sheets available in the Notes section, they'll have a few useful bits and pieces for that section of the syllabus! ;D
Hey Guys, we just sat an in class essay for world order and I only had one form of evidence in my essay. Am I automatically out of the two bands? Personally I thought it was a good essay, but it just didn't have enough evidence and also some pointsa didn't have a judgement sentence. Where would my mark range?Thanks!
Yeah only two cases, and it wasn't throughout. I did make judgements, but I didn't sum it up at the end except for the last point. I thought it was a good essay because I addressed all aspects of the question and my arguement was there, but the problem is it isn't supported through evidence.
Heyy Fam!
I was wondering if anyone has every been so organised that they have made a whole case/news article/ legislation document for Family Law they are willing to share and help a friend out? I have used the ones on the notes section but sorta need some more that also do explain a tad what each article/ case/ legisaltion is about. I normally am a tad more organized it is hust this has been a hectic week of assessments and my legal test is on monday so i dont have enough time to start writing and researching
My email is [email protected]
Your help is really appreciated
Thank you heaps in advance :) :) :) :) :)
Hi GUYS,
I just had a question, how does the lack of a concrete definition for Indigenous peoples cause injustice? Shouldn't it be good, that their is a lack of definition so that there is a more broad set of criteria to allow more people to identify as Aboriginal??
Thanks
I posted a fair few laws lists for Domestic Violence/Family Law a bit earlier. It's a page or two ago.
I think my teachers given me a booklet, if I remember I'll check and update you on it. There's a notes section ( https://atarnotes.com/note/legal-studies-cases/ ) and that was there. It gives a overview of select law reforms as well :)
I've got my legal trial exam next week and I'm preparing an essay for one of our long responses. We were given one of the questions so I'd like to be as prepared as possible with it so I can ace it.
The question is "Evaluate the effectiveness of the law in dealing with issues related to birth technologies and surrogacy."
If anyone has any input as to how it would be best to structure it, which effectiveness criteria applies best, important cases, legislation or statistics, it would be greatly appreciated!
Thank you!
Does anyone know of any cases relating to same-sex marriage (or anything to do with same-sex relationships), as I'm having a hard time find many.
Thanks
Hi Guys,
I just had a basic question in regards to legal essays, when the question talks about the 'effectivness of the law' or the ability of the 'law', what it the 'law' referring to? is it just international and domestic legislation or can it include legal mechanisms as well? like international mechanisms such as the ICJ and UN Bodies?
Thanks
Hey!
The legal studies faculty at my school isn't the strongest but I really love the subject, I was wondering if anyone had some tips on how to prepare myself for the trials (and further exams) when we aren't given much beyond what's in the textbook in class?
Thanks so much! xx
Hello everyone!
I was wondeirng if someone could please help me answer the following "student learn to"
- discuss the difficulty of defining ‘family’ and the changing concepts of family
- distinguish between state and federal jurisdiction in family law
-outline the legal processes involved in dealing with problems in family relationships
hello again,
I was wondering if anyone had some good words to use in essay when evaluating the effectiveness of something/ the law
my limited vocab only has
- limited effectiveness
- significantly effective
Yeah i need more words to describe the effectiveness
thanks sooo much :) :) :) :) :) :) :) :)
hey guys
I was wondering for a fmaily law reform essay how should i structure it?
Do you do one paragraph per legislation that has reformed or one part of the law that has changed and then talk about the legislation changing etc
I've confused myself heaps lol
Thanks sooo much fam! :))
hey everyone
I was wondering for an essay quesiton on relationship breaksdowns - is it okay to talk about domestic violence or is that not included under relationship breakdowns. I've been slightly confused over this sections
Thank you so much! :) :) :)
hey guys!
Right now I'm trying to gather media files and cases for trials and I'm looking through the themes and challenges and the first one for crime is issues of compliance and non-compliance. I was looking through past trial papers and this theme and challenge was the 15 marker. Does this mean I can virtually use any crime case? Or am I not thinking this through enough? Thanks in advance!!
Hi! Does anyone have any recommendations and tips on how to integrate media reports into responses? I feel like I sound a bit awkward whenever I try to fit in a quote as evidence/to support my argument :P. Thank you! :D
This is how I use it in my essays. The media is really easy to adapt for Crime, Human Rights, and World Order; not sure about the others.Thank you so much! This is really helpful (as always!) ;D
Hope this helps ;)
Hi all :)
Just have a few concerns for Family for the the trials and would appreciate any opinions/thoughts anyone has!
The structure of the options confuse me a bit because obviously you are ultimately preparing for an essay - but an the beginning of Family especially there is so much background information, especially in terms of requirements of a legal marriage, alternate family relationships, etc.
Other than providing a basis for more evaluative topics such as relationship breakdowns and contemporary issues such as same sex couples, is it worth knowing a lot of this factual information? I am confused as to how I could integrate information such as an alternate family relationship into an essay they could ask. The only way I could think is to acknowledge the changing definitions of family more generally, and thus arguing the need for reform etc. Does this sound reasonable?
Thank you ;D
Hey Rachel! Good job for noticing this - For Family, a lot of that initial information is very much useless. Besides laying groundwork for potential essay topics, you won't need it - You won't be regurgitating those facts/definitions in an essay. You'll be too busy evaluating/analysing ;D the example you've given is exactly the scenario you need it for, to access and understand the essays on the topics that come later :)
If other Options have a similar structure, I'd wager they would be the same!
Ey Legal Eagles :D
I'm currently preparing for my trials and am planning to draft up an Shelter essay.
Unfortunately my teacher went on leave and has left us to teach ourselves Shelter so I don't feel extremely confident in writing an essay quite yet.
Are there any exemplar Shelter Essays out there? I've looked in notes but cannot find anything. Would be greatly appreciated!
Regards, Wales
Hello, everyone! :D :D :D :D
I was wondering if you could please help me answer the following questions for world order?
- draw a timeline for the development of world order
- comment on the effectiveness of each of these developments
I tried looking in the textbook but there is legit only the league of nations and UN and I couldn't really find anything on the effectiveness of these developments.
Thank you so much and I hope that makes sense :))
Hi!! :)
There are plenty of historical world order examples you can use:
-Treaty of Westphalia 1648: Series of peace treaties that established state sovereignty and ended European religion wars.
-Hague Conventions 1899/Geneva Conventions: Rules of war.
-Nuremberg Trials 1945-1946: Making those Nazis pay for what they did.
-Rome Statute and the International Criminal Court.
-ICTR, ICTY: Genocide tribunals for Rwanda/Yugoslavia.
-Treaty of Versailles 1919: Ended WW1, brought the League of Nations.
The League of Nations was somewhat effective to bring nations together, but fucked up when WW2 started.
This brought us the UN, which is somewhat effective in interventions like in Kosovo, but is still crap because of its veto power to the perm-5. The veto power has made Syria untouchable because Russia/China always ruin it for everyone because of their conflicts of interest.
The UN , however, did bring us the UDHR, ICCPR, ICESCR, etc, which is good.
Hope this helps ;)
Hey, I have to write an essay on Care and Protection of Children for Family Law for the trial exam and my teacher refuses to give advice or read any practice responses. I was wondering, in your option, what the best 3 topics to discuss are in an Care and Protection essay? Thank you :)
Also (sorry I forgot to ask in my last post), can someone explain how the ICC is a law reform?
Mod edit: Merged double post.
Hi! I haven't done Family Law, but I can answer your second question.
The International Criminal Court is an example of law reform because it was established to prosecute those who commit crimes against humanity and mass atrocities. History has seen many genocides and war crimes where there was no permanent body to deal with these situations. WW2, Rwandan genocide, the Yugoslav/Bosnian genocide all had ad hoc tribunals: Nuremberg Trials, ICTR, and ICTY respectively.
The ICC was established under the Rome Statute as an international initiative to deter and prosecute those who are going to or have committed these atrocities. It can also hold individuals rather than states accountable, such as the Katanga and Milosevic cases.
Hence, it is regarded as law reform as we do not want future occurrences of what has happened previously.
Hope this helps :)
Hey, I have to write an essay on Care and Protection of Children for Family Law for the trial exam and my teacher refuses to give advice or read any practice responses. I was wondering, in your option, what the best 3 topics to discuss are in an Care and Protection essay? Thank you :)
Does anyone have a good bank of legal studies questions? I am specifically looking for HR questions from trials or made up questions, not really HSC questions.
Thank you
Hey guys!
Just wondering if you believe abortion is a relevant topic for any family law questions? I was just looking into it and not really sure if it can be categorised under Surrogacy and Birth Technologies.
Thanks :D
On the first part of your question, it really depends on how you structure! You could structure it around cases, or you could do it around different responses (legislation, judicial response, international response, etc). A few things you should definitely include:
- CROC, if you do an essay on this topic without this treaty you've done something wrong ;)
- Children and Young Person’s (Care and Protection) Act 1998 (NSW), very important law in this topic
- Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth.), which overlaps with the changing nature of parental responsibility
- The role of Family and Community Services (FACS)
Just a few ideas ;D
Hi! Just wondering how do you study for legal?? I can't seem to find a lot of trial paper pasts so I don't know how to practice.
Thanks :)
Thanks Jamon,
I've decided to discuss the role of FaCS, the FLA in relation to protecting children from Family Violence and Children in Immigration Detention. Obviously, the overlying idea in all the paragraphs is as to whether the Commonwealth and State governments have obliged or breached 'best interests of the child' responsibilities under CROC. Does that sound like a well-rounded group of ideas to discuss?
Hi! Just wondering how do you study for legal?? I can't seem to find a lot of trial paper pasts so I don't know how to practice.
Thanks :)
Hi !
For Human Rights, for Australian responses (such as statue law), could i write about the recent crackdown on child sex tourism by introducing statue law (amendment ) that will have Australian paedophiles' passports cancelled and right to travel revoked. I'm not sure about it because its related to CROC article 34 & childrens right, but it doesnt really relate to human rights WITHIN Australia?
thanks!!
Hey guys
So basically for the last weeks of family law, my teacher was hella sick and we couldn't go through the contemporary issues for family law. :(
I was wondering if anyone had any good notes or other ways/info etc i can learn the 4 issues, please? I have summarized my textbook but like i haven't like been able to like analyze stuff etc without teacher support you get me?
thanks so many guys. I've been pulling my hair out trying to learn these issues as i struggle to absorb them
your help is much appreciated :) :) :) :) :) :)
Hey! Since all you need to be able to do for those issues is write an essay on them, you are best to approach it in an evidence focused way. Examine key bits of legislation and cases using a good set of notes, and go from there. My summary sheets might help ;D
Would somebody be able to give me some direction on how to answer a question on issues of compliance and non-compliance in relation to human rights??
I'm a bit lost as to where to start... :-\
Thanks!! :) :)
Would somebody be able to give me some direction on how to answer a question on issues of compliance and non-compliance in relation to human rights??
I'm a bit lost as to where to start... :-\
Thanks!! :) :)
Hi Elyse!
Your lecture was so helpful today!! Our trial notification (i think our school makes our trials) says this:
Family Law - choice of oNE essay from TWO
- Compliance/ Non Compliance (ADVOS, FDR, Parental orders, child support, property distribution after separation, care protection of children)
-Care and protection of children (FACS/ Wood inquiry, Children's court, open adoption, family violence etc etc
-Changing values (divorce, parental responsibility etc etc)
Isnt that just the entire syllabus and would need to study everything ? Or would there be an easier way preparing for this?
Hi Elyse!
Your lecture was so helpful today!! Our trial notification (i think our school makes our trials) says this:
Family Law - choice of oNE essay from TWO
- Compliance/ Non Compliance (ADVOS, FDR, Parental orders, child support, property distribution after separation, care protection of children)
-Care and protection of children (FACS/ Wood inquiry, Children's court, open adoption, family violence etc etc
-Changing values (divorce, parental responsibility etc etc)
Isnt that just the entire syllabus and would need to study everything ? Or would there be an easier way preparing for this?
Hi i was just wondering where appeals from the children's court would go to? And also from the drug court. Also, is there any path of appeal from the coroner's court? Thanks :)
hi legal people, i'mlow keyhigh key freaking out about some of the themes in the crime syllabus... in the crime essay, what would i write for 'issues of compliance and non-compliance in regard to criminal law' and 'the extent to which law reflects moral and ethical standards'? i'm doing cssa trials and they tend to pick syllabus points you can't write much about or themes. thanks so much!
Hi!! There's no need to freak out when you've got ATAR Notes ;)
I suggest reading this guide by Elyse on the different themes and challenges in Crime and also Human Rights. (I find it very helpful)
The "reflecting moral and ethical standards" questions are mainly focused on law reform and how they are constantly change to be based on the community's perception of what real justice should be. You would need a LOT of case/media/legislation (especially for crime) to argue your viewpoint in the "extent" of the effectiveness of the law in addressing the standards of the community.
thank you!! also, that guide was really helpful, thanks elyse!
Hey guys for world order i was wondering what exactly is the difference between a court and tribunal and also what is an Adhoc trial and are those effective? Im super confused on those 3 terminologies
Thank you soo much! :) :) :) :) :)
How many legislations, cases and media should I have in my crime essays? Should this be different for family or consumer essays?
Also Elyse: Was it just cases and media that you had in your huge green folder? What else did you have? Did you have a seperate folder for all your legal class work? I would really like to start up a folder for this soon because all my legal stuff is really unorganised. This would be great for finding evidence for legal practise essays.
Thanks heaps :D :D
Ahh...the infamous green folder! Haha, it had media articles and cases that I'd found online but also anything I'd been given in class. So basically, anything I had for legal studies that wasn't written in my book, so anything floating, was in the green folder. Assignments I'd had marked and given back were in there, research for assignments, scraps of notes, scrappy essay plans, everything. It was about this time before trials that I even put the folder together, so I really recommend you do it! Just organise everything into crime, human rights, options, etc, and then slide it all in! It was definitely a good investment for me.Thanks heaps! I have an extra week of holidays next week, so this is definitely something that I want to start doing, especially seeing that my notes are all over the place now. I feel like your green folder has motivated me to be a lot more organised and to look for/print off a lot more media articles. :) :D
As for the options: very similar in terms of cases. I found for world order, I had fewer cases but they were much larger, and covered more aspects of the syllabus. But for family, my "cases" were similar to crime for the most part in that they just reflected an isolated section of the syllabus. BUT, finding cases for family can be difficult given the nature of family issues of course, so I had a lot more stats and reports for this option than what I did for crime or my other option :)
Thanks heaps! I have an extra week of holidays next week, so this is definitely something that I want to start doing, especially seeing that my notes are all over the place now. I feel like your green folder has motivated me to be a lot more organised and to look for/print off a lot more media articles. :) :D
Family and world order predictions for the trials ? :D
Hey Guys,
i was wondering what rights are protected in Aus. under the Constitution/statute law/ common law/court and tribunals/ NGO's/ media and how are they protected? Ive seen lots of questions like this come up in past papers and i have no clue how to answer them so if you could please help for each of those it would be great as i cant wrap my head around that dot-point
Thank you sooo much :D :D :D :D
Hey Guys,
i was wondering what rights are protected in Aus. under the Constitution/statute law/ common law/court and tribunals/ NGO's/ media and how are they protected? Ive seen lots of questions like this come up in past papers and i have no clue how to answer them so if you could please help for each of those it would be great as i cant wrap my head around that dot-point
Thank you sooo much :D :D :D :D
Hello,
I was studying the abolition of slavery in the human rights topic and I am confused about the difference between the Emancipation Act 1833 and the Slavery Abolition Act 1833. Are they the same thing?
Hey !
Quick search tells me that they are the same thing. If I'm correct, you're talking about the Slavery Abolition Act 1833 (UK). I personally haven't heard of the Emancipation Act
Hey guys!
Super confused with this trial past paper. Unfortunately, I don't have the answer sheet so I can't confirm which would be the correct answer. However, i'm stuck on this specific question. It seems as though the son is both an accessory before and after the fact. Does this bring him to the level of a principle in the second degree? I always thought the principle in the second degree had to be present in some way.
Question is attached, thanks everyone :)
Hey rodero! I believe this person is a principal in the second degree. It doesn't specify if the son was present at the time, but we assume he is based on his involvement before and after the crime - so the most correct option, simply because there's no option for him to be an accessory before AND after the fact, means he is in the second degree. :)
That's very true, thanks Elyse! Definitely noticing a trend where trial papers are more complicated than the HSC, especially in multiple choice
Hey,
I was just wondering if we need to know more than one recognition of human rights for the HSC? or is it enough to just focus on one?
Thanks
How many words is required for a band 6 15 mark crime response?
How many words is required for a band 6 15 mark crime response?
How many words is required for a band 6 15 mark crime response?
Hey guys !
The Legal Studies ATARNotes book says there's a difference between 'summary only' and 'summary offences'. I get that summary offences are less serious, but what exactly does 'summary only' mean? To put the term into context, the Land and Environment Court does not use a jury, so is 'summary only' (... wait, don't tell me that's exactly what it means :/ )
Hey,
This is my understanding. Summary offences are the most minor criminal offences. When a case is tried summarily this means that they are tried by judge alone and without a Jury. But this does not necessarily mean that the offence is a summary offence, for example, the local court can hear minor indictable offences summarily should the accused not wish the trial to go before a jury. So the Land and Environment Court is summary only because like you said, it does not use a jury.
I could be completely wrong but hope this helps.
To throw my perspective in, my opinion differs ever so slightly from MisterNeo's (neither perspective less valuable of course), I think you can go a bit lower for the Crime response. About 800 words would be my magic limit for where essays start to have the depth needed to get full marks. However, you might personally need more words to crack the 15/15. It totally depends on how succinct your writing style is and how much evidence you include :)
Oh, and remember quality over quantity of course! ;D
Thank you Jamon, MisterNeo and Fantasticbeasts3. I'm struggling to go into the depth I need to effectively answer the question without going over 900 words. Any tips on how to make my writing more succinct?
I got 5 and 6 wrong and I dont know why
AnswersThanks ;DSpoiler5) A 6) A
Those answers make no sense to me either - Perhaps an error? :)Would it be 5) C and 6) D?
Would it be 5) C and 6) D?
Hey guysHey! So you're right - the League of Nations came about after WW1. In essence, it was decided upon at the Treaty of Versailles and was rushed, and not everyone was an enthusiastic member of the LON. Not every nation on Earth was in the LON - it was only the victors of WW1, and then they allowed other nations into the LON as well. The League of Nations was more a punishment to Germany than the peace-keeping tool that it was allegedly. The US didn't join the League of Nations. And there were a bunch of countries that were never invited to join, so it became quite exclusive instead of inclusive. The League of Nations also just in general was quite incompetent in the way it dealt with international issues - like the German annexation of Czech.
I was wondering what is the difference between the League of Nations and UN. like I get that LON was post WW2 and UN was after but what was different in the two that made the LON unsuccesssful. Do you get what I'm tryna say? like what was the difference in how they both were operated
thank you so much! :))
Okay, so I have an in class essay on Tuesday and I have no idea what the question will be. However, I reckon it will be centralised around a specific case (that we've placed emphasis on in class). I'm currently in the process of drafting a prepared response should this be the case. But I was just wondering, do I explicitly outline the details of the case in the intro, or do I do that in the body? The question will probably revolve around the effectiveness of legal and non legal methods in relation to resolving disputes, if that provides some clarity.
Hi! If there was a question in the exam that says to write the issues of compliance and non compliance in regarding to criminal law, what would I even write? As in, which section like the nature of crime, investigation process, criminal trial process, sentencing and punishment, young offenders should I focus on and build my argument from there?
Also for the option topics that are worth 25 marks each, how many pages should I be aiming for (I know there's this thing about quality over quantity). Just need some sort of reference when I'm in the exam.
anyone have any smart ways to memorise Lcmid's
Hey! I've never dealt with a question on one specific case, so take my advice for what it is worth. But normally, you wouldn't go into specific case details. Normally that is a no-no in legal essays. For your response though, it might be necessary, so I'd perhaps do a short body paragraph on it after the introduction? :)
Alright, thank you so much. Also, do you think the % sign in a statistic would be acceptable over writing the word 'percent' in an essay?
Hey guys! I found a brutual question that says to assess the role of law reform in the criminal justice system but you have to refer to the criminal trial process. The only thing i could think of is to write about the one punch laws and how the offered pleaded guilty which lead to a more lenient sentence and so on but its worth 15 marks... any more ideas?
thanks :D
Hey! This is a tough one, but the ones that I can think of are:Cool ideas! But im still not sure how law has been reformed for appeals, victim impact statements adversial system and legal aid. I always thought that they never changed.
-Appeals
-Victim Impact Statements
-"Innocent until proven guilty", and maybe adversarial vs inquisitorial system?
-Judge Discretion/Mandatory Sentencing/Maximum Sentences
-Right to legal aid
-Evidence
A case you should definitely include is R v Skaf 2000. He and his mates were sentenced to 50+ years for "aggravated sexual assault in company", but appealed his sentence twice down to 28 years.
The first trial was a mistrial because the jury visited the crime scene, so the victims had to face their attacker again. The reason the 50+ year sentence was reduced was because it was higher than murder but the law saw "gang rape" as a lesser crime instead of just increasing the penalty for murder.
Hope this helps :)
Hey guys! I found a brutual question that says to assess the role of law reform in the criminal justice system but you have to refer to the criminal trial process. The only thing i could think of is to write about the one punch laws and how the offered pleaded guilty which lead to a more lenient sentence and so on but its worth 15 marks... any more ideas?
thanks :D
nope don't worry about that, keep writing % :)
Partial defences: Focus would be on the case of R v Singh - husband kills wife after threats of deportation. He successfully used the provocation defence, allowing his charge to be reduced from murder to manslaughter. This lead to major outcry, with the NSW Law Reform Commission arguing that the defence be amended to 'Gross Provocation', requiring the action to be heavily provocative to be accepted. This isn't an ideal case, as it doesn't actually include law reform. However, you could say that the role of law reform is LACKING because further amendments must be made to achieve justice in this area
I forgot to mention this one.yea i think there's lots to talk about for this case in relation to the question. Thanks so much guys for these ideas! I've actually never heard of gay panic before but it sounds like an interesting case to talk about. :)
This is a great point to make in relation to law reform, especially in recent changes to Queensland's "Gay Panic" defence to murder. This is in response to changing views on homosexuality since the 20th century that has led to this change. Basically, if a man made unwanted sexual advances against another male, he could kill him.
This defence still exists in South Australia.
The case metioned by rodero is a great one to use as it shows the limitations of the law in achieving justice.
yea i think there's lots to talk about for this case in relation to the question. Thanks so much guys for these ideas!
Another quick question: is an amendment to a legislation the same as law reform?
yea for sure! law reform is all about changing aspects of the law to suit the times, so definitely, amendments to legislation are an example of law reform :)Awesome! thanks for the clarification! :)
Hey, guys!
Does anyone have any good notes for the legal/nonlegal responses for human trafficking and slavery? I just need articles/examples and how effective they were so I can use that info for short answers. the rest of my knowledge on the section is good just don't know any examples rip :(
Thank you soooo much guys :) :) :) :) :)
Casually freaking out.... trials are next week, and I have no idea how I'm going to remember all my legal content.... help... please...
Thank you, Mary
Casually freaking out.... trials are next week, and I have no idea how I'm going to remember all my legal content.... help... please...
Thank you, Mary
totally random but i love your photo! didn't like cursed child very much though.
anyway, back to legal, i'm mostly memorising my examples (your LCMs) for all topics so there's not as much to remember. don't worry, most people, or even everyone's freaking out, i'm totally freaking out as well because i have the absolute worst trials timetable but really, just take it one day at a time :)
I suggest that as daunting as it can be - you need to identify your weaknesses and approach it like that! Once you know which areas of the syllabus you just don't know then you can focus on them, rather than wasting time patting your back for knowing the things you have memorised really well!
Consider going through past MC - these are quick and fast to do and will be a great warm up for study, but also great study in itself!
Hey, guys
can u pls tell me on how i would set out or answer this essay question:
"To what extent does the law relating to indigenous peoples reflect changing values and ethical standards?"
hey all
this is my first time on these forums i find them incredibly helpful i just wanted to ask what is the best way to study for the long response crime essay question since it could be out of any of the dot points
hi, welcome to the forums (while incredibly helpful, they can be a huge source of procrastination)! i study for the crime question by memorising as many LCMs as i can, because that's what backs up the response and gives it credibility. the multiple choice is good for general crime revision as it covers most parts of the crime syllabus, but other than that, i haven't found another way to study for the response.thankyouuu :) and yess remembering LCM for each dot point is important. but what my teacher asked us to do was write an essay on each of the crime dot points in order we can apply the content to the syllabus. what i like to do is to make a summary sheet with the LCM which i very helpful
Hi! Could someone please explain why discretion is important in achieving justice in the criminal justice system? I'm having trouble understanding how it helps to achieve just outcomes? Thank you so much :D
Can anyone also explain why the answer here is C? Thank you :)
hope this helps!Thank you so much!! ;D
Not sure if this has already been asked...but do we have to know which sections of Acts are relevant? and how much detail should we know about each Case/Legislation etc.?
Thanks!! :D :D
Hey Guys,
For trials my teacher is really stressing the we know all of the themes and challenges for consumer law. Would someone be able to give me a list of these, and any cases/media/etc. that would be helpful to know (I have some, but if you guys have others it would be great :) )
Thanks so much :D
Hey guys!
I was just wondering for family law - what kind of topics/questions would it be appropriate to talk about the autonomy of children?
Also, how would you advise structuring an essay on a general family law question for 'relationship breakdowns' (there's too much content!!)
Thanks :D
Hey,
I was just wondering if anyone knows what the legislation the adversary system is implemented under? Is it just the common law system that it has been derived from or is there a specific law? I have an essay on the criminal trial process in my Trial and I'm just wondering how I could implement legislation in talking about the Adversary process as a means of achieving justice.
Thank you ;D
Hey,
I was just wondering if anyone knows what the legislation the adversary system is implemented under? Is it just the common law system that it has been derived from or is there a specific law? I have an essay on the criminal trial process in my Trial and I'm just wondering how I could implement legislation in talking about the Adversary process as a means of achieving justice.
Thank you ;D
Hiya!
Can anyone give me some good tips on how to remember legislation, cases and media - cause lol my legal trial is next week and I'm struggling so hard to remember cases.
And maybe some cases relating to the 6 themes and challenges ? My teacher was saying that it would be good to set up a table for each dot point in the syllabus (for crime, human rights and family) and to find cases that have relevance with the themes and challenges so that I wouldn't have to remember a whole bunch of cases and just have some important/main ones that work with various themes?
A reply would be super awesome! :)
Thanks!
Hi my legal trials are on monday :( could someone please my mark my crime and workplace essay? My teacher has heavily hinted at a compliance/non-compliance for crime....
Hey! Our essay marking threads have closed for the weekend to help us handle the rush before Trials, they will reopen again in the middle of next week :) one of your peers might be willing to provide feedback though!Ahh ok that's fair :) Could someone please read over mine if they can? I've got my indigenous peoples essay attached too :) Much appreciated :)
you don't need to know the sections, unless you want to remember them for extra detail. for your LCMs just mention them as relevant and provide enough information to support the point you're making. :)Thank you!!
Ahh ok that's fair :) Could someone please read over mine if they can? I've got my indigenous peoples essay attached too :) Much appreciated :)
Hi could someone please explain this MC for me?
Which of the following is an example of transnational crime?
A. Piracy
B. Torture
C. Genocide
D. Sex trafficking
The answer is A, but what makes D not fully correct? I thought that human trafficking was a type of transnational crime too? Also, in exams, how do you know if they are referring to piracy (pirates) or internet piracy? And are they both transnational or not?
Thank you!!
Also, does anyone know whether the ICCPR and the ICESCR have been enacted into Australian legilsation?
Thanks!!
Hi could someone please explain this MC for me?
Which of the following is an example of transnational crime?
A. Piracy
B. Torture
C. Genocide
D. Sex trafficking
The answer is A, but what makes D not fully correct? I thought that human trafficking was a type of transnational crime too? Also, in exams, how do you know if they are referring to piracy (pirates) or internet piracy? And are they both transnational or not?
Hey everyone,
Considering how closed off Family Law matters are, how exactly do we cite cases? Media articles I find usually just say... "The husband..." or something similar.
If we mention that we're using a pseudonym, is that okay?
there are some rights in the iccpr that are already in the constitution, e.g. voting so you could say that's already been enacted into australian legislation. the icescr has been ratified by australia, but not incorporated into the laws here.
Hi could someone please explain this MC for me?
Which of the following is an example of transnational crime?
A. Piracy
B. Torture
C. Genocide
D. Sex trafficking
The answer is A, but what makes D not fully correct? I thought that human trafficking was a type of transnational crime too? Also, in exams, how do you know if they are referring to piracy (pirates) or internet piracy? And are they both transnational or not?
ok thanks for that!
I've been looking at a summary of the ICESCR and there are a few bits that I definitely think would have been enacted, including the right to form and join trade unions and the right to strike, as well as the right to education....?
Also, in an essay, would it be correct to say that 'although some of the rights within this Covenant have been enacted, it should be fully enacted by the Australian government'??
Thanks again!
This is an odd question. The reason being, sex trafficking can definitely be a transnational crime - although it is not always. Sex trafficking can happen within countries as well.Ahh ok. Thank you for your help! :)
Here is the definition of trafficking as provided by the [url=https://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.html]UN's Office on Drugs and Crime:
What is Human Trafficking?
Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons defines Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. So there's no mention of it specifically being about being taking from one country to another, but just being taken from one place to another, even in country.
So we can see this isn't ALWAYS transnational, as it can happen within country.
Whereas piracy, by nature, happens in seas that cross borders or are on international waters. So piracy, at it's core, has a transnational element. But sex trafficking, although given to students as one of the most pertinent examples of transnational crimes, can happen within borders.
So if I was in an exam, I probably would be quick to put the answer as D. But, piracy is the better answer because it has a closer tie to transnational discourse, whereas sex trafficking can happen within borders, or across. Definitely a tricky question, I can safely say I'm pretty sure I would be caught out on it in an exam!
To weigh in here (same as Elyse's thoughts), the most correct answer is definitely A. Sex trafficking is synonymous to human trafficking, which can be considered to be a crimes against humanity. There was a resolution adopted by the UN in 2008 which stated:Thank you so much Jamon! :)
“rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide"
It's tough because there is currently no codification of what a crime against humanity is, it's mostly international customary law, so definitely a grey area. But yeah, agree with El, D could be correct depending on how you look at it but A is definitely correct, so go with A ;D
whaaat i would've put d! in my notes, piracy is listed under crimes against the international community... super confused now. human trafficking is a transnational crime. piracy only refers to pirates, not the internet :)Confusing I know right! I think Elyse and Jamon's comments have cleared it up though :)
hi! i did a quick read of this essay (i've also done this question before). i'm also no marker so my feedback is not the best but overall it was a really great essay! you integrated all the indigenous peoples case studies really well and i liked how you incorporated the contemporary issues. is that first paragraph your introduction? if so, that was REALLY long and usually should be 5-10 (maybe a little more than 10) lines handwritten. you don't have to include a definition on indigenous peoples and who they are, or a full definition on state sovereignty, because the marker already knows that. just mention what state sovereignty is in a concise manner and explain how it limits or recognises the rights of indigenous peoples.No no its ok! Thank you very much for your advice! Yeah I actually wasn't planning to write that much (esp in the intro haha) it was more about including information that could be used for a range of questions without writing whole new essays :)
i'm so sorry about the rant on the introduction but other than that, it was a really great essay. also, if you can write all of that in 45 minutes, you're amazing.
Hey there, So i have my trials coming up and i had a couple questions about how to best study. So currently, I have notes on the syllabus for crime and human rights etc. And I was thinking for both the option essays, to make just a massive scaffold of potential questions, with legislation, cases and media articles?
Thanks
Hi!
Just wondering what crime/family predictions are specifically for the CSSA trials? Is it true CSSA attempt to predict the HSC? thank you!
Super helpful, thank you!
On that note, is there a past bank of questions that CSSA have asked? Specifically last years to get an idea of what they won't try to ask.
Super hard to get a copy of the trials as they are so strict on copyright!
Thank you
Hey :)
Would it be correct to say that terrorism is both a Transnational Crime (if for instance, that attack occurs in Australia but British citizens also get killed) and a Crime against the International Community?
Thanks!
Hey :)
Would it be correct to say that terrorism is both a Transnational Crime (if for instance, that attack occurs in Australia but British citizens also get killed) and a Crime against the International Community?
Thanks!
Hey Guys,
This may be a really broad/stupid question but if a crime essay comes up on transnational crime what points should i have paragraphs on? I found a question saying " how effective are domestic and international measures in dealing with international crime?" and i cant think of any measures at all. could you please help me in providing me info to use to answer this essay and what points i should discuss about in this essay
I hope I'm not asking too much but international crime is my weakest as my teacher when to hospital during this time and the sub wasn't the best :(
thank you soo many guys! :)))
this isn't a stupid question at all! being asked on a narrow part of the syllabus is pretty hard. i'll give a quick run down on the measures used for international crime both domestically and internationally :-)
international:
(crimes against the international community)
piracy - un convention on the law of the sea 1982
war crimes - hague conventions (1899 and 1907) and geneva convention 1949
genocide - un convention on genocide 1948
terrorism - international convention for the suppression of terrorist bombings 1997
(transnational crime)
money laundering - un convention on transnational organised crime 2000
arms trafficking - protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition 2001
drug trafficking - there's a heap of conventions for this but just mention the single convention on narcotic drugs
you can also mention the icc as an international court.
domestic:
mutual assistance in criminal matters act 1987 (cth) regulates assistance to foreign countries in criminal matters (just for people giving evidence and what not)
(crimes against the international community)
piracy - crimes act 1914 (Cth) and crimes at sea act 2000 (Cth)
war crimes - war crimes act 1945
crimes against humanity, genocide, torture and terrorism - criminal code act 1995 (cth) (literally The Legislation for domestic measures! covers a lot of crimes)
(transnational crime)
money laundering - anti-money laundering and counter-terrorism financing act 2006 (Cth)
people smuggling, arms and drug trafficking - criminal code act 1995 (cth)
you can also include the afp police act 1919 (cth) for transnational crime.
hope this helps!
Hi, can someone please explain why q5 and 6 are A? :)
how do I remember legislation/cases/media articles/victim impact statements and statistics? also in the trials..what do I do if I know what the specific act does, but cant remember the name of it?
also, what is adjudication? and the difference between bail and remand? I understand that bail is awarded between the period of being charged and awaiting trial, but is remand when you are taken back into custody after abusing one of the terms by which you were awarded bail?
lastly...any words of encouragement? trials are this week and I'm stressing majorly!
MT!
hey my legal buddies!! ;D
i was wondering if anyone had some useful tips about how to attack the short answers.... ???
we have heaps of them in these upcoming trial and i feel like some of them might be really specific...
any tips.. ::)
ATB EVERYONE FOR THEIR TRIALS ;) ;) ;)
~BK~
Last one, can someone please offer their thoughts on my IP intro:
"To what extent has state sovereignty assisted in recognising the rights of IPs?"
State sovereignty has the power to promote Indigenous peoples' (IPs) right to self-determination yet equally can prevent IPs from pursuing their political, social and economic status. The worldwide history of colonisation has impeded upon the rights of IPs, and thus as social values change, a new body of law aims to assert the rights of IPs and rectify past wrongs and injustices. However, a nation state's ability to recognise rights related to land, natural resources and language, is dependent upon political will, thus making state sovereignty a limited tool for the achievement of justice for IPs, as highlighted by the disparities of IPs rights worldwide.
Hi can someone please confirm these answers for MC? No answers came :(
1. The selling of alcohol to a person under the age of 18 is best described as which of the following?
a) Crime against the person
b) Public order offence
c) Preliminary Offence
d) Economic offence
2. Which of the following is true of the adversary system?
a) There is a presumption of guilt
b) The accused must take the stand and be cross-examined
c) The onus of the burden of proof is on the defendant
d) The past record of the accused can only be examined during sentencing
3. Which of the following is a feature of the ICC?
a) It can only hear cases between nation states
b) It can prosecute individuals who have committed CAH
c) It can prosecute individuals who have signed the Rome Statute
d) It can only hear cases from individuals who have been victims of international crime
Hey-o guys,
Just curious, does anyone know any good Shelter tips and tricks? Got Trials on Wednesday and struggling under all the content for it, and was wondering if anyone had any idea on easier ways to remember the legislation and such. And any media articles on it would be appreciated if anyone had any!
Thanks!
Hi can someone please confirm these answers for MC? No answers came :(
1. The selling of alcohol to a person under the age of 18 is best described as which of the following?
a) Crime against the person
b) Public order offence
c) Preliminary Offence
d) Economic offence
2. Which of the following is true of the adversary system?
a) There is a presumption of guilt
b) The accused must take the stand and be cross-examined
c) The onus of the burden of proof is on the defendant
d) The past record of the accused can only be examined during sentencing
3. Which of the following is a feature of the ICC?
a) It can only hear cases between nation states
b) It can prosecute individuals who have committed CAH
c) It can prosecute individuals who have signed the Rome Statute
d) It can only hear cases from individuals who have been victims of international crime
in my opinion: 1. B 2. D 3. B
i have no clue if they're right especially the first one (nope strike that all of them)
yay another shelter person!! i have no tips to help you remember the legislation because i struggle to do it myself. media articles work well with the contemporary issues - google is your best friend in this situation :-) google stuff like "affordability in sydney" or "homelessness sydney" and heaps should come up, particularly in the last year or so.
Here is my Workplace Intro for anyone to offer their thoughts:
(plz help trials are tmrw and my teacher has not responded to any of my emails rip)
"To what extent do contemporary issues in the workplace reflect changing values and ethical standards?"
The workplace is of inherent value to society, providing individuals with financial security, while also contributing to the greater economy through employment. Thus, it is important that workplace law reflects the evolving values of society. An important expectation of workplace law is to govern employer and employee relationships to achieve fairness. Yet, in light of contemporary issues such as safety, termination of unemployment, social concerns and expectations towards the liability of employers have increased, to which the law has to some extent, responded. Through law reform in particular, workplace law has aimed to adapt to these growing concerns,however, it struggles to reach full effectiveness through struggling to balance the rights between the employer and employee.
how do I remember legislation/cases/media articles/victim impact statements and statistics? also in the trials..what do I do if I know what the specific act does, but cant remember the name of it?
also, what is adjudication? and the difference between bail and remand? I understand that bail is awarded between the period of being charged and awaiting trial, but is remand when you are taken back into custody after abusing one of the terms by which you were awarded bail?
lastly...any words of encouragement? trials are this week and I'm stressing majorly!
MT!
Last one, can someone please offer their thoughts on my IP intro:
"To what extent has state sovereignty assisted in recognising the rights of IPs?"
State sovereignty has the power to promote Indigenous peoples' (IPs) right to self-determination yet equally can prevent IPs from pursuing their political, social and economic status. The worldwide history of colonisation has impeded upon the rights of IPs, and thus as social values change, a new body of law aims to assert the rights of IPs and rectify past wrongs and injustices. However, a nation state's ability to recognise rights related to land, natural resources and language, is dependent upon political will, thus making state sovereignty a limited tool for the achievement of justice for IPs, as highlighted by the disparities of IPs rights worldwide.
Hey,
I'm struggling to prepare for the question that is going to be based around the effectiveness of the Criminal Trial Process as a means of achieving justice just because there is so much under that dot point and I keep getting confused trying to plan my essays talking about the adversary system and then juries in a different paragraph because I feel like i'm making the same points. Are there any tips on how to prepare for this?
Hey,
I'm struggling to prepare for the question that is going to be based around the effectiveness of the Criminal Trial Process as a means of achieving justice just because there is so much under that dot point and I keep getting confused trying to plan my essays talking about the adversary system and then juries in a different paragraph because I feel like i'm making the same points. Are there any tips on how to prepare for this?
When you're approaching this: consider how effective it is for the three parties of victim, accused, and society. So when you look at juries - evaluate the fairness for all three parties respectively, and when you look at legal representation, consider the potential limitations there for each party, and then again when it comes to the way evidence is handled/delivered. I think this way you have a definite approach to each new topic, so if you divide it up and give air time to each (sometimes victim and society can be grouped together) then you can be sure you won't be overlapping because you've gone off topic - you'll have a strong direction this way. What do you think?
How could I incorporate law reform with the criminal trial process? These are the dot points under that heading:
• court jurisdiction
• the adversary system
• legal personnel: magistrate, judge, police
prosecutor, Director of Public Prosecution,
Public Defenders
• pleas, charge negotiation
• legal representation, including legal aid
• burden and standard of proof
• use of evidence, including witnesses
• defences to criminal charges:
– complete defences
– partial defences to murder
• the role of juries, including verdicts
How could I incorporate law reform with the criminal trial process? These are the dot points under that heading:
• court jurisdiction
• the adversary system
• legal personnel: magistrate, judge, police
prosecutor, Director of Public Prosecution,
Public Defenders
• pleas, charge negotiation
• legal representation, including legal aid
• burden and standard of proof
• use of evidence, including witnesses
• defences to criminal charges:
– complete defences
– partial defences to murder
• the role of juries, including verdicts
How could I incorporate law reform with the criminal trial process? These are the dot points under that heading:I don't know if it would entirely fit under these dot points but there is the amendments that were made to bail. I think its under the Bail Amendment Act 2014, but that included a risk assessment and the magistrates needed to look at the severity of the crime committed. There was a presumption against bail which meant that the accused had to explain why they should receive bail.
• court jurisdiction
• the adversary system
• legal personnel: magistrate, judge, police
prosecutor, Director of Public Prosecution,
Public Defenders
• pleas, charge negotiation
• legal representation, including legal aid
• burden and standard of proof
• use of evidence, including witnesses
• defences to criminal charges:
– complete defences
– partial defences to murder
• the role of juries, including verdicts
Just one more question... probably.
Would it be easier to argue that the law is effective or ineffective in defining an protecting varied family relationships?
I personally wouldn't stick to absolutes. Argue that it's both effective and ineffective to a degree.
Gotta make that judgement tho
Gotta make that judgement tho
So come to the conclusion that, overall, it's mildly effective.
1- How do you structure responses for World Order? I always found that with Family and Crime it was clearer and was usually more syllabus-orientated... but with World Order I find it difficult to approach questions!
2- What are some solid case studies you can use for a broad range of questions? I was thinking of studying South China Sea, Syria, Sudan, Afghanistan, and a few others in-depth
3 - Lastly I was wondering if you could help me with picking a question for the assessment! Should I pick....
(a) How effectively do legal responses address issues of compliance and non-compliance in the promotion of peace and the resolution of conflict?
OR
(b) Evaluate the extent to which issues associated with the rules regarding the conduct of hostilities reflect changing values and ethical standards on world order.
I was wondering if you could perhaps also give a run-down of what I'd include in either of these responses? Sadly my school has only JUST started section 2 of the syllabus (respones) and I am rather clueless!
THANK you so much in advance!! :) :) :)
My school had trials last term and following the legal studies exam I noticed that quite a few students had stated that they 'made up' quotes and articles for their crime and family law essays (e.g. pretending to quote Nick Cowdery or simply just saying
"in a 2014 SMH article")
Most of these girls also got 13-14-15/15 on their crime essay and quite a few got 23-24/25 on their family one!
I was wondering what your thoughts were on this in regards to the HSC? Is it likely that markers will pull up on this and penalise marks?
I'd be discussing how each response encourages compliance with international standards, peer pressure would be a big part of it, state sovereignty would be the barrier to it!Hey Jamon! What kind of things could you talk about for peer pressure? :)
Hey Jamon! What kind of things could you talk about for peer pressure? :)
Of course, this doesn't always work. North Korea is very happy to ignore NATO and the UN, for example! These are the sorts of things you discuss and analyse ;DThanks Jamon ;D
World Order questions are all really similar, I normally approached them in one of two ways. You can go response by response, with a paragraph on the UNSC, a paragraph on the General Assembly, a paragraph on NATO, etc etc - Or you can go case by case, examining contemporary world scenarios and evaluating how all the responses respond to each of them in turn. Both work! I did response by response in my Trial, then case by case in my HSC - Very much your preference ;D
Those are excellent choices, I'd also throw North Korea in there as a super contemporary one - You could also discuss the issues going on with Russia (perhaps including the Ukrainian debacle that happened a few years back) :)
I personally hate both of those ;) but I'd go with A myself! I'd be discussing how each response encourages compliance with international standards, peer pressure would be a big part of it, state sovereignty would be the barrier to it! This probably will make more sense as you discuss the responses, but you'd include the usuals - UNSC, General Assembly, IGO's etc ;D
Thank you sooo much! I was thinking of setting out my sssay like this (let me know what youuu think!);
Para 1 - UNSC
Para 2 - Courts and Tribunals (ICC and ICJ)
Para 3 - International Humanitarian Law/Treaties... Is this a response? I was going to talk about the Nucelear Proliferaion Treaty, Geneva Conventions?
--> OR should I just pick an entirely different response :)
For each of them;
--> I'd outline their role in encouraging compliance through the promotion of peace and resolution of conflict including ONE example
--> Outline limitations (mainly state soverignty obvs) with a major case study
Let me know what you think of this :)))
alsoo... do you have any suggested articles that are relevant to the WO syllabus :) :)
So take something like NATO - When everyone else in the North Atlantic Treaty Organisation wants to do something, the countries you rely on for trade and security and intelligence - You will want to do it too. As soon as countries form alliances those alliances can be used to leverage that country into doing certain things.
Of course, this doesn't always work. North Korea is very happy to ignore NATO and the UN, for example! These are the sorts of things you discuss and analyse ;D
This all looks great, but watch including the ICC - That's very much an international crime thing. Still relevant but make sure you are still focusing on World Order, it is very easy to slip into talking more about it in terms of a response to international crime instead. The ICJ is vital to discuss ;D
Check out these World Order Notes! My summary sheets are in the list and there's a few articles in there ;D
Any tips or tricks to memorising legislations and cases? For Family and Consumer it seems a little easier due to the contemporary issues and compartmentalisation of the options.
But the crime essay is getting to me - there's so much to memorise, legislations and cases D:
Any tips or tricks to memorising legislations and cases? For Family and Consumer it seems a little easier due to the contemporary issues and compartmentalisation of the options.
But the crime essay is getting to me - there's so much to memorise, legislations and cases D:
Hey! Does anyone know how the UN impacts human rights enforcement in Australia? Would this link to how Australia responds to world order issues (or am I starting to mix these two topics up now?) :o
Also, I just saw this question in a past paper - "Compare the effectiveness of political negotiation, persuasion and the use of force as methods of maintaining world order." Does anyone have any ideas on how to approach this? ;D Thank you :)
desperate last minute cramming- just wondering what points you would go about for law reform in sentencing and punishment? obviously mandatory sentencing and r v loveridge case but I couldn't think of more points/ write a whole essay on it!
Is it correct to argue that extraditions lack prima facie conflict the basis of "innocent until proven guilty"?
Or do they only propose to extradite because they already have a reasonable case against the accused?
Is it correct to argue that extraditions lack prima facie conflict the basis of "innocent until proven guilty"?
Or do they only propose to extradite because they already have a reasonable case against the accused?
Also, Question: Describe the role of the separation of powers in promoting and enforcing human rights in Australia (4)
I don't do World Order but the UN has no binding impact on Australian lawmaking because of the notion of state sovereignty. Ultimately, the UN can influence with proposals, that Australia can either sign, or ratify, etc... but that's the extent of the UN's influence.Thank you so much!!
Heyy, regarding Family Law, the end of the syllabus requires us to learn 4 contemporary issues. For trials, should I focus on studying one of the issues, or is there a chance that the question will refer to one specific issue? Thanks! :)Hey! Pretty sure (like 90% sure) they can specify so I think it's best to learn all! :D
Heyy, regarding Family Law, the end of the syllabus requires us to learn 4 contemporary issues. For trials, should I focus on studying one of the issues, or is there a chance that the question will refer to one specific issue? Thanks! :)
Heyy, regarding Family Law, the end of the syllabus requires us to learn 4 contemporary issues. For trials, should I focus on studying one of the issues, or is there a chance that the question will refer to one specific issue? Thanks! :)
Hey! Just wondering if anyone knows the severity of punishments for manufacturing, supplying, possessing or using drugs, and why? I can't seem to find this explicitly outlined in any legislation so far but I remember seeing this in a MC question! Thank you :D
I don't know the specific legislation either. What exactly was the multiple choice question that asked for this? From what I know, the possession and use of drugs is mainly dealt with through rehab programs such as the Drug Court. However, the cultivation and supply of drugs is a much more serious offence - I would expect the punishment to be imprisonment? In terms of legislation, you could try the Crimes (Sentencing and Procedures) Act, but I can't guarantee anything :)Thank you so much! ;D I don't think I saved the question but if I do find it I'll definitely send it to you!
I don't know the specific legislation either. What exactly was the multiple choice question that asked for this? From what I know, the possession and use of drugs is mainly dealt with through rehab programs such as the Drug Court. However, the cultivation and supply of drugs is a much more serious offence - I would expect the punishment to be imprisonment? In terms of legislation, you could try the Crimes (Sentencing and Procedures) Act, but I can't guarantee anything :)So I think I found the Act for this! The Drug Court website mentions that an individual is not eligible if they're charged with certain offences that are punishable under Division 2 of the Drug Misuse and Trafficking Act 1985, and this includes possession, manufacture and cultivation :)
So I think I found the Act for this! The Drug Court website mentions that an individual is not eligible if they're charged with certain offences that are punishable under Division 2 of the Drug Misuse and Trafficking Act 1985, and this includes possession, manufacture and cultivation :)
hello for my trial exam for legal our class has not finished all of world order and we have only done the first dot point which is the "nature of world order" and she said the essay question will be from this dot point. So what could be the essay question?
heyyy guys
so for im trials im doing some multiple choice and i keep on seeing this come up where the choice for the MC is 'a statutory right.' I'm really confused on what is a statutory right. could you please explain it for me? also which rights are statutory just in case it comes again. here is an example of what I mean
Thank you :)
I could be completely wrong but from what I think is that a statutory right is basically any 'right' that has come about through legislation of sorts if that makes sense. But for this answer he doesn't have a 'statutory right' to a lawyer as it is a common law right (because legal aid has certain parameters people have to meet to get the representation)
heyyy guys
so for im trials im doing some multiple choice and i keep on seeing this come up where the choice for the MC is 'a statutory right.' I'm really confused on what is a statutory right. could you please explain it for me? also which rights are statutory just in case it comes again. here is an example of what I mean
Thank you :)
Was wondering why b) is also wrong in that question?
Also, for this question in a past trial paper, question 5 and 6 I am confused about. The answer to 5 and 6 are both a).
For question 5) would it really be acessory before the fact due to his browsing of that website
and for question 6) Shouldn't it be a poltiical factor, not economical?
Hey there, so this has come up before on the forums and I was baffled last time and I am again this time. I have an ex-police officer on hand and just asked for his opinion too :P
We both think that Andrew is a principal in the first degree. He smashed a window. He directly committed a crime. If the answer is A, potenttttiiiiially they are angling it like, because he gave traffic to the website, he gave it the prevalence it needed to expand, and the protest was organised? But that's a very long stretch. Insufficient evidence is really available for that, I'd say. And typically, the degrees are only used for indictable offences, not summary offences like smashing a window. So, perhaps the scenario is by default talking about the anti-government sentiment, like treason, but that's a weird link/wording of the question.
And for question 6, it really could be B, C, or D, but probably not A. So political factors seems most obvious because - politics. Self-interest could be in there if Samuel and Andrew were anti-war or pacifists, and then maybe social-interest depending on their circumstances (again, insufficient facts given). So, economic factors would only be relevant if it were about the cost of the international conflict on Australia.
So I'm sorry I've been no help here because I've told you why I think the answers that are correct, are incorrect. I cannot understand why those would be the correct answers for either.
Is this from a past paper? Potentially NESA has uploaded the wrong answers?
Edit: Calling upon anyone in the legal-know-how to help here because I'm STUMPED
Thank you, I thought the same as you. The answers are probably wrong.
Hey, just wondering if anyone had any LCM's for the effectiveness/ineffectiveness of the jury system? Thanks.
Hey Guys,
does anyone know any really good media articles for the world order's contemporary issue : regional and global situations that threaten peace and security.
thanks
What were the implications of the case of Dietrich vs the Queen? I initially thought it meant there was no right to legal representation in Australia, but I'm reading in the 2015 q23 sample HSC short answer that it " developed the importance of a fair trial through the provision of legal aid to the accused in a serious criminal matter" in common law?
Was the case overall beneficial or detrimental (in terms of establishing human rights etc.)
Hey i was wondering what bodies would have pushed for the reforms of the right to silence laws? All the media articles seem to be criticising the laws so i don't think it was necessarily them. Thanks!
HI! what are some possible essay questions we can expect for the syllabus dot point 'nature of crime'
HI! what are some possible essay questions we can expect for the syllabus dot point 'nature of crime'
HI! what are some possible essay questions we can expect for the syllabus dot point 'nature of crime'
Hi :)
I don't get why the answer is High Court.
I thought you could only appeal to there if something was unjust like in Dietrich v Queen
Hey guys i was wondering if you could please help me in these two questions
1. how does the European union promote human rights?
2. how do NGO's promote and enforce human rights? ( can they really enforce tho? and do you know any really good NGO's that do both enforce and protect)
Thank youuu very much :P :P :P :P :P
hey, i was wondering if you could provide me with some potential compliance and non compliance essay topics.
thankssss
Hello! Heres a question that stumped me:
Which body organisation has the jurisdiction to prosecute crimes against humanity?
I put down the ICC but the answer says ICJ and idk why. If anyone can explain that would be awesome! :)
Thank you
Hey Guys,
I know a lot of people don't do the Indigienous people's Option topic, but for those of you who are familar with it, can someone please explain how to state soveringty restricts IP's access to international mechanisms?
Thanks, Soha
Hey,
Thanks for the Reply but now I have a question specific to courts and locus Standi of Indigenous peoples. How does state soveringty restrict IP's access to international courts ( I know it's something about not having locus standi but don't quite understand it)
Hello! Heres a question that stumped me:
Which body organisation has the jurisdiction to prosecute crimes against humanity?
I put down the ICC but the answer says ICJ and idk why. If anyone can explain that would be awesome! :)
Thank you
Hey,
I just had a question regarding why the changing values and ethical standards contribute to developmnet of human rights?
hey
I was wondering if someone could help answer this 4 mark question - what is the importance of human rights?
i have no idea what do i say in this this as my answer
thank you :)) :) :) :) :)
Hi, I was wondering how you would define economic rights? I was asked this question in my trial and was uncertain how to answer it :)
Hi, I was wondering how you would define economic rights? I was asked this question in my trial and was uncertain how to answer it :)
Hey for R v LoveridgeHey, so I actually did an assignment on the one punch laws in yr 11 so I think I can help you out :).
The one punch law's always get brought up but what are they exactly - was there a whole new law passed for it or were they just amendments made to the Crimes Act 1900 - also what were the exact names of the new law/changes
I see so when referring to the new laws that were introduced as a result i should refer to "Crimes and other legislation..."?
If you could also tell me the minimum and max sentences that applied to these offences before this amendment I'd really appreciate that!
Did anyone else have an 8 mark HR question:
Assess the role of law reform in the development of human rights.
If so how did you/would you attack this?
Hey guys,
can someone pls explain how i would answer this question:
"assess the effectiveness of legal and non-legal measures in dealing with issues of compliance and non-compliance with laws relating to world order"
Thanks
Hey what could I talk about/paragraph structure for this question
Does anyone have any relevant media/non legal responses in the case of R v LMW? - I can't seem to find any
Hey! This is really a broad question, it's essentially asking you to play off the constant back and forth between "Nation states need to be allowed to do their own thing," (sovereignty), and "Nation states can't be jerks or we'll stop them," (R2P). The paragraph structure, I'd probably do it response by response (UNSC, UNGA, IGO's, etc) and evaluate how effectively each of them strikes the balance. Or you could examine a few contemporary scenarios and base your paragraphs around those ;D
Hey! You'd be focusing essentially on how different measures force nation states to comply with international standards and to conduct themselves in a peaceful manner. You would also examine how those who are non-compliant are dealt with - Evaluate how things like the UNSC, UN General Assembly, IGO's, bilateral cooperation (etc) achieve these goals ;Dcan u pls give me a non-compliance example.
can u pls give me a non-compliance example.
thanks
@jamon I don't have a state library membership so I can't access those articles hahaI'm pretty sure it's free to sign up for? You can go on their website and fill in an application for a library card which they can mail to you!
General HSC paper question:
How much do you guys write for the essays? In my trial i wrote 2 paragraphs for each essay (as I didn't have time to prepare more LCM's) but this left with a crazy amount of time left over
Do most people do 3 paragraphs/issues/case studies per essay?
Both actually
Both actually
Hey, guys :)
For those of you who do/did World Order, how do you structure your body paragraphs? I get that this structure is supposed to be dependent on the question at hand, but in all honesty I just find myself relating everything to the contemporary issues. In my trials, although the question was asking for 'The effectiveness of the UN and NGOs', I just structured it with R2P, situations that threaten peace and the nuclear threat. This might be completely wrong, but the 'Responses to world order' heading is basically covering strategies that have been done to resolve the 'Contemporary Issues'.
I find it confusing when I hear my cohort or people here structure their essays with complete paragraphs on the ICJ, UNGA, UNSC - I mean, I get they relate to the trial question since its 'The effectiveness of the UN', but shouldn't they be grouped together, rather than analysed individually since they operate as a whole body? For instance, America's unlawful invasion of Iraq in 2003 was a situation that threatened peace - it involved the UNSC, the UNGA and the ICJ. They were all mutually involved, so how are people able to separate them? I just don't know how to substantiate an essay where each paragraph is limited to a specific organ of the UN.
Anyway, sorry about my little rant - I just find it a bit frustrating that I seem to be alone in terms of how I structure my essay. It just seems to be easier and allows me to adapt to a variety of questions in my opinion. If anybody here used a structure such as: ICJ, UNSC, UNGA, NGOs for their CSSA trial question, or any similar question, than please tell me how you substantiated it and what LCMs you used in each.
If anything, I'm mainly looking for clarification on the point I raised earlier - The 'Responses to World Order' are basically what has been done to resolve the 'Contemporary Issues', aren't they? If that's the case, is there anything that is stopping me from relating everything to the contemporary issues?
Thanks guys :)
To be honest I think you should do what you're most comfortable with, that's if it works! Have you got trial results back and did you get a mark you're happy with? Cause if so I say stick to it! Although some questions may make you structure things differently.
Hey, thanks so much for the reply - it's really insightful!
With your structure, I can see that the evidence you use is practically identical to my own. That is, I had Russia's veto power as my key case in my paragraph of R2P, and the Non-Proliferation Treaty for global situations that threaten peace. Now that I think about it, our structures aren't too different from one another and are actually very similar! I feel as though we've basically just swapped our sentences around; For instance, you have a paragraph on the NPT, where I presume you would then mention the nuclear threat. In my circumstance, I start off with the nuclear threat and then bring in the NPT - very, very similar :)
In terms of how I went in my trials, I couldn't be happier with my Legal Studies results. It was a much needed boost of confidence, especially after getting my other results back. The section where I thought I would do the worst in (human rights), was actually one of my best sections! In the CSSA paper discussion thread, I was freaking over the 7 marker since it was on refugees - something that we hadn't ever covered before. I ended up manipulating the quote so that it could suit my own contemporary issue. That is, I said something along the lines of:
As is stated in the reference, state sovereignty allows Australia to "pass laws" in order to protect or hinder human rights. However, state sovereignty does not limit Australia to simply dealing with the issue of refugees and asylum seekers - they may also "pass laws" to address the issue of human trafficking and slavery.
So yeah, walking out of that exam I was absolutely freaked that I would fail that section completely. I just thought that was such a wild question which was on something that I knew nothing about. Turns out that me, along with a friend of mine were the only students who were able to read between the lines and insert our own contemporary issue. Anyway, I've probably gone far off topic by now. Sorry about that, it's just that I'm so stoked about how I went.
I hope that you are happy about how you went overall :) Once again, thank you so much for giving me some insight into how you structure your World Order essays
Hi Elyse!
I got a REALLY bad mark for world order essay for my trials,
I was wondering on how to study for it because it is so different compared to other topics
PLS HELP ME ATAR NOTES,
how do i write a compliance and non-compliance essay for consumer and family, like do i just write a base essay and link it to that? im struggling mostly with my introduction :(
hi everyone!
I'm trying to write a world order essay and this is the question
"Evaluate the role of state soverignty in assisting and impeding the resolutions of world order issues"
I'm not quite sure how to write the intro. I feel like I should mention North Korea and such but what else could I talk about. I know there is a lot but I can't seem to gather my thoughts together. Any help would be much appreciated!
I was wondering what areas would be good to focus on when explaining how the USA upholds democratic principles
Hey! Maybe stuff on the right to vote in US Elections? That's all I'd think of from the top of my head :)
PS - I'd love to start up a question thread for the question this subject is from in the WACE section, is your subject Politics and Law or?
Yes it is :D
I was wondering what areas would be good to focus on when explaining how the USA upholds democratic principles
Hi! So you'll definitely want to focus on some contemporary scenarios (world order issues, links nicely to the question) - At least that's how I'd do it! So basically in the introduction you'd want to:
- Establish what it means to 'resolve' a world order issue and why this is important (increasing globalised society, we all need to get along with rainbows and sunshine, etc)
- Mention the methods/avenues through which they can be resolved
- Mention some of the issues you'll be focusing on (North Korea, and ????)
- Make a judgement of how effectively those issues were handled by the methods/avenues
North Korea is a good contemporary issue. The Islamic State, and all surrounding terror issues, would be another. Going back a little further, the Russia/Ukraine issue from 2014 (or so) would be a good one, even things like Brexit might be useful ;D
Welcome to the forums! Yep, you absolutely can discuss those things. The evolving nature demands you recognise changes in the responses over time. Discuss any reforms that are relevant to your ideas to make sure you are answering that part of the question ;D
So would a reform in terms of the UN be the the UN Criminal Court?
Hey,Hey,
I'm struggling to come up with ideas for technology as a contemporary issue in the consumer topic.
Any ideas?
TIA
Also in regards to this question: "To what extent does the law encourage cooperation to achieve world order?", would it be more beneficial to look more on the contemporary issues? The law part of the question is having me a bit confused in what areas I can talk about...
Hi !
I was wondering if 'bills' counted as a legal response? I want to talk about the Migration Legislation Amendment (Regional Processing Cohort) Bill 2016 and how it is ineffective legal response to asylum seekers and refugees (as it violates Australia's international human rights obligations) but it hasn't been enforced as law.
Thank you!
Hey i was wondering if the United Nations High Commissioner for Refugees was a legal or non legal international response? Thanks!
Hey guys,
Can someone please clarify what law reform entails when referring to World Order? In the CSSA trials we were given the question:
"To what extent has law reform responded effectively to regional and global situations that threaten peace and security?"
I mean, law reform would be a godsend question in any OTHER topic, but what the heck does it mean here? I'd assume that it means things like international treaties, declarations etc. but I'd still like a second voice to clarify these things.
Thanks :)
Hi Again
for the students learn to 'investigate a contemporary human rights issue and evaluate the effectiveness of legal and non-legal responses to the issue', if there's a bill, etc. that bans asylum seekers and refugees from coming to Australia, is it a response? Or does the response have to be enforcing human rights and then evaluate whether its effective or not? I'm a bit confused, because the government has been stripping human rights from asylum seekers (rather than try to enforce anything) and so I can't really evaluate whether its working since it isnt meant to enforcing rights??
Thank you!
Hey Caitlin! Sorry for the late reply, but I'd call that a legal response as it is an aspect of the legal response of the United Nations ;Dno worries thanks!
Hey guys,
i was looking through past HSC papers and i came across these question:
"Discuss how the nature of conflict provides challenges for achieving world
order"
"To what extent have legal and non legal measures responded to the evolving nature of world order"
can someone pls explain how i would set out the essay and also what i should talk about.
Thanks
For the Family Option, do we treat "Surrogacy and Birth Technologies" as two separate areas or deal with them holistically?
The text book focuses on them separately but my teacher didn't really teach it properly so I don't know how to do my notes on them.
For the Family Option, do we treat "Surrogacy and Birth Technologies" as two separate areas or deal with them holistically?
The text book focuses on them separately but my teacher didn't really teach it properly so I don't know how to do my notes on them.
Hi All,
Does anyone know roughly what raw exam mark in Legal Studies you would need to get a state rank
Thanks
I'm going to have to disagree with MisterNeo here =/
First off, let me start by saying that a 'Birth technology and surrogacy' question probably won't come up this year as it was last years essay question. That being said, here is a link to the marking criteria. Just ctrl+f and type in "birth technologies and surrogacy"
Now what I want to point out here specifically is the first dot point of each band. In order to reach anywhere from 16-25 you need to talk about "birth technologies AND surrogacy", whereas a mark that is 15 or lower will only mention "birth technologies AND/OR surrogacy". This would imply that both need to be treated separately in your essay. Keep in mind that there are laws that specifically deal with surrogacy, and laws that deal with birth technologies in general.
I'd also like to point out that surrogacy is not always a form of birth technology; it can be sometimes, but not always. Surrogacy can also be done naturally, rather than implemented artificially through IVF or artificial insemination.
Hope that clears it up :)
You'd probably be looking at above 95% at least I reckon, aligning to the high 90's
Ok great, I heard you state ranked Jamon, did you buy your papers backand see what your raw mark was.
I got 95 % in my trials and dropped 4 out of the 5 marks in the multi so im interested to see how a person like you who state ranked got in different sections of the paper
Hi all,
Quick Question on the Crime Essay
How many Issues/ concpets should include per essay
I currently do 3 concepts and go into pretty significant detail but would it be better to do more concepts and less LCMID's per concept?
hey i was wondering what legislation/measures were in place to help witnesses, especially those in domestic violence/sexual assault when giving evidence in trial? I know victims can give V.I.S by video but i can't find what measures are for witnesses. Thanks!
hey i was wondering what legislation/measures were in place to help witnesses, especially those in domestic violence/sexual assault when giving evidence in trial? I know victims can give V.I.S by video but i can't find what measures are for witnesses. Thanks!
Question on option topics:
It seems like the legal syllabus is pretty flawed - you're only on both options with one essay. Doesn't this mean learning all the syllabus dot points for these options is completely unnecessary - all you need is lcm's. I did this for my trial and still managed a mid 80% mark. Just asking for your opinions on this - did you study it all or just lcm's
Question!
For our options, the general trend of the question seems to be one about specific issue (surrogacy/birth tech in family) and another more general theme/challenge based (resolving conflict in family).
Would it be safe to answer the general question with reference to only one issue?
For example, if the general question asks about legal and non legal measures in achieving just outcomes for family members, could I just talk about same sex couples (with discrimination, marriage and divorce forming my main paragraphs)?
Cheers for your time :)
Hi I just a quick question. What is the difference between government and Parliament?
hiii friends.
this is from the 2016 paper: "‘The law aims to protect human rights. However, human rights are not always enforced in practice.’ Assess this statement with reference to ONE contemporary issue."
i don't understand the second part of the quote... can someone help me out?
Also, could someone please explain how B is the answer to this?
Which of the following situations best illustrates the recognition and enforcement of human rights by the Australian legal system?
(A) When a court orders the release from custody of a 15-year-old person
(B) When a court declares that protest action by animal rights activists is legal
(C) When the Australian Parliament passes a law that makes discrimination illegal
(D) When students are denied access to classes for two weeks because of vandalism
And how A is the answer to this?
Which of the following factors accepting criminal behaviour are most likely the cause of Samuel and Andrew's actions?
Samuel and Andrew’s actions?
(A) Economic factors
(B) Social factors
(C) Self Interest
(D) Political factors
hiii friends.
this is from the 2016 paper: "‘The law aims to protect human rights. However, human rights are not always enforced in practice.’ Assess this statement with reference to ONE contemporary issue."
i don't understand the second part of the quote... can someone help me out?
The first one I am not too sure about because I thought it would be C from first view
As for the second one, what is the rest of the question, like what have they committed or been accused of because I cannot really answer the question without knowing that :)
The first one I am not too sure about because I thought it would be C from first view
As for the second one, what is the rest of the question, like what have they committed or been accused of because I cannot really answer the question without knowing that :)
Hey there, I did this trial!
The answers were
1D
2A
3C
4B
5C
6B
7C
8B
9D
10A
11A
12B
13C
14D
15A
16C
17D
18A
19D
20B
Also, could someone please explain how B is the answer to this?
Which of the following situations best illustrates the recognition and enforcement of human rights by the Australian legal system?
(A) When a court orders the release from custody of a 15-year-old person
(B) When a court declares that protest action by animal rights activists is legal
(C) When the Australian Parliament passes a law that makes discrimination illegal
(D) When students are denied access to classes for two weeks because of vandalism
And how A is the answer to this?
Which of the following factors accepting criminal behaviour are most likely the cause of Samuel and Andrew's actions?
Samuel and Andrew’s actions?
(A) Economic factors
(B) Social factors
(C) Self Interest
(D) Political factors
Also, could someone please explain how B is the answer to this?
Which of the following situations best illustrates the recognition and enforcement of human rights by the Australian legal system?
(A) When a court orders the release from custody of a 15-year-old person
(B) When a court declares that protest action by animal rights activists is legal
(C) When the Australian Parliament passes a law that makes discrimination illegal
(D) When students are denied access to classes for two weeks because of vandalism
And how A is the answer to this?
Which of the following factors accepting criminal behaviour are most likely the cause of Samuel and Andrew's actions?
Samuel and Andrew’s actions?
(A) Economic factors
(B) Social factors
(C) Self Interest
(D) Political factors
What body paragraphs could constitute the question
"Examine how the nature of crime and type of offences affects the criminal trial process"
Never seen a question like it :o
My best bet for the first question would be the fact that it's the only option that actually references the syllabus. i.e. environmental rights.
The second question is political factors. I know that the answers say otherwise, but many other trial papers actually have errors on the answer sheet.
Here's a plan I'd use :)
But don't take this for word ahah
1. OFFENCES AGAINST THE PERSON
(A BRIEF DESCRIPTION OF THE NATURE OF THESE OFFENCES)
- Involves the causing of injury to a person. There are three categories: HOMICIDE, ASSAULT and SEXUAL OFFENCES.
MURDER: Most serious homicide offence. Maximum penalty is life imprisonment. Difficult to prove because prosecutors must prove that one of the following acts took place:
- There was a deliberate act to kill
- A deliberate act to cause serious harm
- There was a reckless indifference to human life, resulting in death
MANSLAUGHTER: Unlawful killing but with a defence for their actions. Maximum penalty up to 25 years.
Three types of manslaughter:
- Voluntary Manslaughter — The accused intended or was reckless, but there were mitigating circumstances and provocation.
- Involuntary Manslaughter — The death occurred because the accused acted in a negligent way, but without intention to kill.
- Constructive Manslaughter — The killing of a person while the accused was carrying out a dangerous or unlawful act.
(How this type of offence is dealt with/affects the criminal trial process)
- Which COURT JURISDICTION it falls under
- Legal personeelle involved
- Possible defences
e.g. Mental Illness
- Partial defence (The defendant is found not guilty and results in acquittal)
- The person must have a mental illness
- The mental illness prevented them from knowing the difference between right and wrong
- If proven, the defendant be released but detained in a health facility where their mental health will be monitored by a Mental Health Review Tribunal.
- No mens rea for the crime can be proven. No intent to commit a crime can be formulated.
Self defence
- The onus of proof that the accused did not act in self defence is on the prosecution.
- High Court in Zecevic (1987) The defendant must prove that they believed (subjective) upon reasonable grounds (objective) that it was necessary in self defence.
- The amount of force the defendant used has to be proportionate to the threat.
- The threat doesn’t have to be real. The defendant just has to be defending himself from what he thinks is a threat (perceived threat).
- Self defence is codified in the Crimes Act 1900 (NSW) Division 3
- Results in an acquittal.
2. YOUNG OFFENDERS
- how there is different court jurisdiction
- different penalties
- different treatment in court procedures
3. PUBLIC ORDER OFFENCES
- fines as opposed to imprisonment ect.
Thanks, however for the second question its from a HSC because i've seen it before and NESA's answers say A... :/
Great ideas thank you!!
Would YO be able to be included though, as it isn't in the nature of crime section of the syllabus
Really? I could have sworn that's from the 2014 St. Catherine trial paper. I honestly can't see why it would be an economic factor, unless i'm missing something.
What body paragraphs could constitute the question
"Examine how the nature of crime and type of offences affects the criminal trial process"
Never seen a question like it :o
You could even mention murder, and then the partial defences to murder -provocation and substantial impairment. In particular the case of R v Singh and the subsequent law reforms to the Provocation Act
Thanks, however for the second question its from a HSC because i've seen it before and NESA's answers say A... :/
Really? I could have sworn that's from the 2014 St. Catherine trial paper. I honestly can't see why it would be an economic factor, unless i'm missing something.
hey, Guys
if u were to get a question on either the nature of conflict or access to resources in world order, how would u set out ur essay (what would you talk about)?
Sorry for another question today, doing essay plans and some questions have been throwing me!
'What is the role of legal representation in the criminal trial? Has this been an effective means of achieving justice?'
Paragraph structure assistance please? :)
Hey!
So i'll start by saying that a question like this is complete bull; I would only see this in trials, where the school tries to make a point as to how unprepared their cohort is.
Anyway, I doubt markers would expect much from the student when marking a question like this.
P1
What is the role of legal representation?
-Outline the role of legal representation, a judgement could be used, though this half of the question doesn't ask for one
-State its origins (Dietrich v The Queen 1982)
-Mention the Legal Aid Commission: Means, jurisdiction, merits test
This paragraph will be fairly brief
The next few paragraphs should work to answer the next half of the question
P2
-Upholds the right to a fair trial -> Australia is a signatory to the ICCPR
-Allows for equal access to legal representation
-Media articles could potentially be made up
P3
-Discrepancies in the skill of legal aids have the potential for an injustice
-Legal aid could pressure the accused into accepting charge negotiation deals
Sorry I don't have much else... But like I said, such an unlikely question that you really don't need to worry too much about it. This entire question would be of me making up constant media articles and a few cases here and there.
Hi All,
In the human rights short answers, I have found that some questions will ask for a contemporary human rights issue,
Does anyone know of any holistic issues that I would be able to learn and apply to any question ?
I'd probably be freaking out if I got this question. Here's the structure I'd do:Thank you so much that was really helpful
Nature of conflict:
Nation states have different political agendas. They will only enter into deals which are in their best interest. I'd then mention the conflict in Syria, particularly Russia's exploitation of their veto powers. This paragraph would mainly be about Russia's intention to continue vetoing any resolution brought by the UNSC, as they want to continue their trade of weaponry for the economy. The principle of R2P could be used a bit here as well.
Nature of conflict: Intolerance of other races
Rwandan genocide due to an intolerance of another ethnicity
Access to energy resources
Main focus would be the United State's illegal invasion of Iraq in 2003. The whole purpose of the invasion is seen to be for access to oil resources.
Access to food resources
Mention the severe drought in Darfur, which led to the Darfur conflict in 2003. When people began to rebel, the government commit ethnic cleansing, genocide and crimes against humanity to stay in power
You could also mention some court cases, such as the whaling incident in Australia v Japan
Hope that helps :) Sorry it's so brief but I really don't know much else to talk about here!
Thank you so much that was really helpful
hey for the 'contemporary human rights issues' there are a few issues listed.. do we have to know each issue? or can we just focus on one issue and know that in detail? because i am scared a question will come out as already mentioned a contemporary human rights issues for us to talk about? thank you
hey for the 'contemporary human rights issues' there are a few issues listed.. do we have to know each issue? or can we just focus on one issue and know that in detail? because i am scared a question will come out as already mentioned a contemporary human rights issues for us to talk about? thank you
Family Law Articles on domestic violence and care and protection of children:
Not sure if helpful or not but just something to add!
Are essay questions regarding compliancy common in hsc's?
Are essay questions regarding compliancy common in hsc's?
I really need help in preparing my notes for world order, can comeone pls helppp and give me some tips on what to focus on!!
Hey there :D
I agree with Paige, compliance is a very good topic for anything international related because there are many issues of non-compliance and state sovereignty which can limit the effectiveness of legal/non-legal measures.
However, you can look at compliance through the lens of offenders and say that current mechanisms are ineffective at promoting compliance since criminal conduct and recidivism still occurs.
Hope this helps!!! Definitely ask more questions and keen to read some of your responses :D
Compliancy seems really easy in regards to human rights due to state sovereignty, but what about for crime? For example if the question was how does the CJS encourage compliancy regarding young offenders, what could you discuss?
Hey, I wanted to know if I should really stop writing (or rather rewriting) my notes and start doing questions. For me, I really revise the content as I write my notes but I know that doing questions is super important. Any advice? Thanks!
Hey, I wanted to know if I should really stop writing (or rather rewriting) my notes and start doing questions. For me, I really revise the content as I write my notes but I know that doing questions is super important. Any advice? Thanks!
i think you could look at the aim of the CJS for young offenders, which is mostly rehabilitation, versus actually sending people to jail. something like the youth justice conferences (i think that's what they're called) encourages the offender to reconsider their actions when faced with the victim, provoking remorse, and therefore, they aren't as likely to reoffend, as they feel bad for what they've done.
that's only one example; i'm sure if you look through your notes again you can find something else! best of luck for your hsc :-) x
Also fantasticbeats - you're a legend.
Hey guys, i was just preparing my World Order notes and i was just wondering, is it best to focus on all 4 contemporary issues or go indepth with just 1?
Hello Legal Fam !! What are your predictions for Family essays this year? Child protection hasn't been asked for a while? & same-sex marriage looks relevant, (however was asked in 2014)Hey,
I wonder what your thoughts are?? Hope everyone is preparing well :)
I had a look at past HSC legal world order questions and they didnt really specify the question on a certain contemporary issue, thats why i reckon it'd just be a waste of time studying all four, but im not sure tho :/
Hey guys, i was just preparing my World Order notes and i was just wondering, is it best to focus on all 4 contemporary issues or go indepth with just 1?
Hey Guys
i was wondering if in the HSC for the option topic world order, are one of the questions always on contemporary issues?
Also quick question, does it matter if your case studies are old? Like for example dating back from the 1970s?
Hai real quick question;I’d still make a note of it such that you know what it is. It may come up in multiple choice (it was in our trials). :)
since periodic detention is no longer a sentencing option, is it required for us to know it/ will we need it/ is it worth making notes of?
Hello
Our teacher hasn’t really went through transnational crime in too much detail, and I was wondering what the legal and non-legal measures are to it. What would be the main points in an essay that asked legal/nonlegal?
Thank you :)
Hi,Hey that looks like sounds like such a good idea! I guess if it fits all of the issues with the themes and challenges you would be pretty sweet
This is in regards to the essays for option topics. Im doing world order and Global Environmental Protection.
My structure for the essays is to have:
Intro
Paragraph on state sovereignty (If the question asks about state sovereignty)
Case study 1- Rwanda (address syllabus points within case study and talk about broader issues e.g. United nations, R2P, relate to other cases e.g. myanmar refugees)
Case Study 2- Libya (same thing as above)
Conclusion
my teacher who is an HSC marker says that, that structure is very good. However, from reading other essays they are not structured via cases.
I was just wondering if you think I should change the structure or its fine how it is?
Thankyou!!
Hey guys for world order I'm slightly confused about the dot point"outline the evolving nature of World order". In some resources it justs outlines the development of legal documents eg treaty of Westphalia, but in my excel book it doesn't do that- it talks about expansionism, the rise of the US and transnational companies , then interdependence and globalisation. I was wondering which I actually needed to know? Thanks heaps!
It sounds like what your Excel book is telling you is helpful for you to understand the macro and micro contributors of the way the world is today, and I think it's really important to look at ideas like globalisation especially. But you will also do a great job with just knowing the things like the Treaty of Westphalia, as these give the legal foundations of the way we look at world order. The other things help to understand why the world is the way it is, which is helpful, but you'll mainly need to know the other things (and this isn't something super examinable. They could ask you about this but I'd only imagine they would in the light of this and a secondary part of the syllabus. Like, how have international documents responded to the changing nature of world order" and then you don't just bring in those historical elements of the evolution, but you could talk about the current situation and things like the NPT!)Thanks a lot!! :)
hey guys!
what's the difference between a suspended sentence and intensive correction order as a type of punishment? They both look pretty similar :/
Thanks!! :D
hi! a suspended sentence is pretty self-explanatory if you look at what it's called - suspended means not right now, so the sentence has been put off for a bit. i have never heard of an intensive correction order until this question (not in the syllabus??) but from a quick google, it looks something like community service. that's accumulated over a certain period of time, as you need a number of hours to get through it as part of someone's sentence. anyway, a suspended sentence would mean the sentence isn't served right at that moment, whereas an intensive correction order would be put into place to be served straight away.
hope this helps - best of luck with your hsc,
fantasticbeasts
The syllabus lists periodic detention and that has been replaced by ICOs so that’s what our teacher taught us in place of periodic detention (I’m pretty sure at least). Personally my teacher stressed ICOs heaps and we had quite an in-depth look at the statistics around them, so in many of my essays I include them. Could maybe elyse or jamon clear up if ICOs need to be studied and can be used in an exam?? Because I’m screwed if we aren’t meant to 😅
hey guys!
what's the difference between a suspended sentence and intensive correction order as a type of punishment? They both look pretty similar :/
Thanks!! :D
Just confirming - If it isn't in the syllabus, not assessable, and they'll avoid using the new term so nobody gets confused (like rodero mentioned for CAN and Summons) ;D
Would I still be able to use it in essays if I say how they replaced ICOs :o
Hey guys!
Just need some advice on how to go about answering this question
"the presumption of innocence, and other aspects of the trial process, make it too difficult for a guilty offender to be convicted"
Discuss this statement in relation to the NSW trial process.
Bit confused with addressing the presumption of innocence part because that's a part of the criminal investigation process with bail i thought?
Thanks
Hey guys!You could talk about the “right to remain silent” which is based on you presumption of innocence. The police can’t make you talk, and it leads to less evidence being obtained to prove the case beyond reasonable doubt. Maybe you could argue that this right also leads to innocent people being perceived as “hiding something” and can lead to them being convicted by the jury.
Just need some advice on how to go about answering this question
"the presumption of innocence, and other aspects of the trial process, make it too difficult for a guilty offender to be convicted"
Discuss this statement in relation to the NSW trial process.
Bit confused with addressing the presumption of innocence part because that's a part of the criminal investigation process with bail i thought?
Thanks
Hey guys!
Just need some advice on how to go about answering this question
"the presumption of innocence, and other aspects of the trial process, make it too difficult for a guilty offender to be convicted"
Discuss this statement in relation to the NSW trial process.
Bit confused with addressing the presumption of innocence part because that's a part of the criminal investigation process with bail i thought?
Thanks
Cheers guys!
Also, which non-legal measures are most effective to write aabout in an "Evaluate the effectiveness of legal and non-legal measures in achieving justice" for the Crime topic?
Hey guys!
I was wondering what is the best way to integrate information on the role of the media, particularly for my options Consumers and Family. I don't see it as overly important, and not sure how necessary it is unless specified in a question. If so, could I use my media I have for other issues and reiterate the role of the media from that briefly, rather than having any distinct arguments on the role of the media?
Thanks :D
hey guys i was just trying to talk about the effeectiveness of the UN as a promoter and enforcer of HR, and i was wondering if i could basically say that the General Assembly is a good promoter, but has no ability to enforce HR, whilst the UNSC whilst limited in its effectiveness due to the power of veto held by its five permanent members is a better enforcer than promoter of HR?
Do i need to bring the HR council into this part about the UN, or do i talk about that as an intergovernmental organisaiton
Thanks!!
hello! i don't do those options, but i usually incorporate information on the role of the media under non-legal responses. there's not really an argument for the role of the media like they just bring attention to the issue they're talking about, so there's not an awful lot to write about on the role of the media as an actual mechanism.Thanks!! Am going to need it haha
hi! yea, the UN is a great promoter of HR, but can't enforce anything. you've pretty much got it down pat! i think it's okay to bring the HR council in with the UN - at the end of the day, the UN, and by extension, the HR council is an intergovernmental organisation anyways.
best of luck for your hsc guys,
fantasticbeasts
at this point - what should I be doing for legal? what are last minute tips for preparing for legal studies in the few weeks before the exam?
Also how do I deal with the fact I have society and culture on the same day as legal ? I need help aahhh
Hey guys
This may be a dumb question, but in crime, will they ever ask you specifically about Indigenous law or anything like that? So like the effectiveness of the law regarding Indigenous offenders kinda like young offenders.
Hi everyone!
I was wondering what is the definition of statutory and judicial guidelines and what are the differences?
Hi everyone!
I was wondering what is the definition of statutory and judicial guidelines and what are the differences?
hello! the guidelines are to reduce inconsistency in the decisions of judges - so pretty much how common law's done, to make sure everyone's treated fairly. look at the differences this way:
statutory = government making laws
judicial = made my judges, so kind of like common law
best of luck with your hsc,
fantasticbeasts
Hey Mystermark !
Statutory guidelines are basically everything 'set in stone' under legislation, so when imposing a sentence, magistrates and judges have numerous laws, rules, guidelines and cases on how sentences are to be determined. Most of this is done through The Crimes (Sentencing Procedure) Act 1999 (NSW), which is the primary source of sentencing law in NSW. In addition to that Act, limits and guidelines on sentencing are found in many other statutes. It sets out things such as a maximum penalty an offender can receive for a sentence. No judicial officer can pass a sentence higher than the maximum penalty. For example, section 19A of the Crimes Act 1900 (NSW) describes the maximum penalty for murder as life imprisonment, and section 61I sets the maximum penalty for sexual assault at 14 years’ imprisonment.
However, it is ultimately up to the judge or magistrate to impose an approprotate charge and this differs through judicial guidelines. Judicial officers determine the best sentence on a case-by-case basis. They take into account numerous aspects of the offence and of the accused’s circumstances.
Furthermore, mandatory sentencing overules juditical discretion, imposing a mandatory minimum sentence for a particular offence. Mandatory sentencing is an automatic sentence set by parliament that must be imposed by the judicial officer for particular offences or repeat offences.
Essentially in short, statutory guidelines CANT be fought against, theyre legally set to make sure imposed punishments are appropriate (and to make sure in instances such as murder and offender doesn't get a 2 year sentence just because the judge felt like it) and judicial guidelines revolve more heavily around discretion.
Hope this helps :)
Goodluck for your HSC !
Hi! :) thanks so much for your reply,
I was wondering is this plan is good enough for my essay:
QUESTION: "How effective are statutory and judicial guidelines as a means of achieving justice?"
(Body 1)
- Define statutory
- Law reform case r v loveridge
- Statutory guideline have allowed law reform with lockout laws along with NGO ‘one punch can kill’ campaign
(body 2)
- continuing with statutory and law reform cases
- r v singh (provocation)
(body 3)
- define judicial
- r v silva (silva got plead guilty to manslaughter and received 29 weeks as judge took in mitigating circumstances)
(body 4)
- continuing with judicial
- r v Curtis
- ineffective as he got one year for a white collar crime
*SORRY IF IT IS A LITTLE VAGUE
Hi! :) thanks so much for your reply,
I was wondering is this plan is good enough for my essay:
QUESTION: "How effective are statutory and judicial guidelines as a means of achieving justice?"
(Body 1)
- Define statutory
- Law reform case r v loveridge
- Statutory guideline have allowed law reform with lockout laws along with NGO ‘one punch can kill’ campaign
(body 2)
- continuing with statutory and law reform cases
- r v singh (provocation)
(body 3)
- define judicial
- r v silva (silva got plead guilty to manslaughter and received 29 weeks as judge took in mitigating circumstances)
(body 4)
- continuing with judicial
- r v Curtis
- ineffective as he got one year for a white collar crime
*SORRY IF IT IS A LITTLE VAGUE
Sorry if this has been asked before but, do many people just make up their media for their legal essays? Memorising cases is alright as there is overlap on what questions you can use them for, for media is just so specific
it's hard to make up media because it just doesn't sound legit... try your best to remember them, but if you can't, put on your journalist hat and make up the best possible title for your article 😂
Sorry if this has been asked before but, do many people just make up their media for their legal essays? Memorising cases is alright as there is overlap on what questions you can use them for, for media is just so specific
What is the best method of studying for the crime extended response?
Any predictions for the 2017 paper?
Hey guys, currently writing an essay using this question from the 2010 HSC Consumers question: "Assess how compliance and non-compliance are demonstrated in the operation of consumer law."Hey,
Decided to talk about the role of mandatory standards, regulation of marketing, occupational licensing and role of media/NGOS.
However, a bit stuck on the role of media/NGOS. So far I have - "The non-statutory mechanisms such as media scrutiny and the influence of NGOs, continue to have a significant role in ensuring compliance with consumer law. The media provides society with more information, forcing suppliers to comply in order to avoid criticism or the publicising cases of non-compliance."
However I don't know what else to write. Anyone have any ideas?
Also I have a feeling compliance and non-compliance may be one of the Consumer questions for this year..
Hey,
In general terms, NGO's can provide information/advice to consumers and some attempt to influence the legislative programs of political parties in government (by pushing for new laws, or harsher ones, etc.) The media can heighten consumer awareness on unsafe products, the release/quality of products and dishonest sale techniques. However, the media can be biased towards one side, or sponsor and may sensationalise issues.
I normally use the Consumer NGO Choice but I usually integrate it with other points. So, for example in mandatory reporting the Thermomix case (can link to an article if you want one) Choice exposed the scale of this by revealing that the faulty product had led to at least 87 different incidents. So, in that case Choice can publicly humiliate businesses and expose them for not following the laws.
Similarly, with free range eggs Choice has made the cluck-AR app for consumers to find out if eggs are free range, a free-range egg buying guide, 2015 report, education page and they have also lobbied the government for a national free-range egg code. They also research and campaign for consumers, educating them on consumer practises and businesses that are not compliant.
Hope this helps :)
Hi,hey!! nothing to be nervous about in the legal exam - you've done everything before :-)
Im a bit uneasy about the upcoming HSC exam due to the nature of legal studies exams esp in option topics.
My school and my notes for my options are heavily reliant on contemporary issues and only have short summaries for the rest of the dotpoints. (minimal LCMs) this is due to my teacher claiming that there will always be an option to write an essay entirely on contemporary issues or that we could use the issues in theme based questions. This was also the case in the CSSA trial paper we did.
Long story short,
Is it possible to solely rely on the contemporary issues?
Will we get marked down if we use them in theme based questions?
What's the possibility of the hsc choosing to give us a narrowed question not based off the issues?
Thanks.
Hi everyone,
Is provocation abolished? Is it just in a couple of states or all across Australia?
This is for me law reform essay with r v singh
Any predictions for the 2017 paper?
Hi,
Im a bit uneasy about the upcoming HSC exam due to the nature of legal studies exams esp in option topics.
My school and my notes for my options are heavily reliant on contemporary issues and only have short summaries for the rest of the dotpoints. (minimal LCMs) this is due to my teacher claiming that there will always be an option to write an essay entirely on contemporary issues or that we could use the issues in theme based questions. This was also the case in the CSSA trial paper we did.
Long story short,
Is it possible to solely rely on the contemporary issues?
Will we get marked down if we use them in theme based questions?
What's the possibility of the hsc choosing to give us a narrowed question not based off the issues?
Thanks.
at this point - what should I be doing for legal? what are last minute tips for preparing for legal studies in the few weeks before the exam?
Also how do I deal with the fact I have society and culture on the same day as legal ? I need help aahhh
Hey!!
So my Legal Studies teacher only teaches from the textbook, and I am starting to get worried that we may be missing out on some important information because of it. How bad would it be to go into the HSC with textbook knowledge + cases and media? Where else can I gain information that may be important?
Thanks!!
some one please help me haha I'm really really bad at essays for legal basically. and It's kinda weird (or maybe not?) considering i'm pretty good at English essays. I did pretty trash in my family essay in trials and I got 18/25 for world order which is okay i suppose but obviously lots of room to improve. I really have no idea how to write a confident, valid essay for legal. whether crime, family or world order or even just in general any tips would be amazing :)
Hey! I think there are two key aspects to a succesful legal essay:
- A good thesis, here is a guide to that!
- Lots of evidence, we've got a heap of free notes that could help with that
Ultimately a Legal essay is an argument (Thesis) that needs to be proven (evidence). If you get those two bits right, you are all sweet! ;D
Hey!
I'm really struggling to construct an effective structure for the Family Law question "Evaluate the effectiveness of the law in dealing with issues related to same sex couples". I just find these types of questions extremely specific. :-\
I was thinking about having a paragraph on marriage but apart from that i'm stuck (maybe adoption and separation)
Any suggestions?
hey...
i know i wasn't the one that asked the question, but i have issues in regard to legal essays structure as well!!
thats awesome advice, thanks jamon!!!
what do you think about the point, evidence, explain, link structure for legal?! thats what we've been taught to do but i'm not 100% sure!?
thanks again
~BK~ :D
Welcome to the forums! So this was actually my favourite topic for the Family elective because it is actually full of stuff if you know what to look for. I structured mine:
- A paragraph on the gradual decriminalisation of homosexual relationships
- A paragraph or two on how equal rights have been/are being achieved for same sex de-facto couples
- A paragraph on the work still to be done, in terms of marriage equality
So I tended to approach it as, "We've been effective, but we're ineffective since there is still more to do." You could absolutely pop some paragraphs on adoption/separation in as well, all would work! These are some summary sheets that could be useful in finding some evidence ;D
PEEL works really well for Legal - Though I think sometimes your point and link will end up very much intertwined. Like, your point might be, "Courts do a shit job at achieving justice," but that in itself could be linking to the question. Or, you might need to go one extra to make the link, "Thus showing how the criminal justice system fails to achieve equality." Point was about courts, link was to a larger idea. So it totally depends I think.
I'd also personally replace the EXPLAIN part of PEEL with EVALUATE, since that is more commonly what you'll be doing.
But yep, PEEL works really well! A great way to make sure you are continually answering the question ;D
Hey I wanted to use the example of the Listening Devices Act 1984 (NSW) to talk about the issue of increasing police powers vs gaining better outcomes for victims, with regard to a reform in 2015 enabling them to use videos of recorded DV incidents to be used as evidence in court but I can't find the name of the amendment anywhere! Would anyone know what it was called,? If not could I just say "the 2015 amendment to the Listening Devices Act 1984 (NSW) ..." Thanks :)
I was just wondering if creation of legislation is considered law reform even if it isn't amending any previous legislation?
Like in a law reform question could you evaluate the effectiveness of the creation of Crimes (Sentencing Procedures) Act 1999 (NSW) in terms of the different types of penalties and how effective they are by means of this statute?
Thanks!
Hi there! You won't believe that my memory knew this came into play on June 1st of 2015 - it was in my own HSC! Here's a link to what I think you're after! I found it because I could remember the date to google lol. However, this is not an amendment to the act you've mentioned, I can only find Queensland documents for that one! Is this the same, or are you referring to a different thing?Yeah that was it! I didn't realise it was a new piece of legislation . Thanks so much!
Sounds like a great argument you're building!
Definitely! Creation of new laws is definitely a reform, even though I know "reform" implies changing something already existing - see it more as changing the overall body of laws :) So yep, new legislation slips in there! :)
Hey, Were the legal studies revision videos (which were awesome btw) meant to cut off half way through for Essays and Sentencing and Punishment?
Hey, Were the legal studies revision videos (which were awesome btw) meant to cut off half way through for Essays and Sentencing and Punishment?
Glad you liked them! Let us know if you keep having troubles.hey that happened to me too? They're so great though thanks!
Hi there! You won't believe that my memory knew this came into play on June 1st of 2015 - it was in my own HSC! Here's a link to what I think you're after! I found it because I could remember the date to google lol. However, this is not an amendment to the act you've mentioned, I can only find Queensland documents for that one! Is this the same, or are you referring to a different thing?
Sounds like a great argument you're building!
Definitely! Creation of new laws is definitely a reform, even though I know "reform" implies changing something already existing - see it more as changing the overall body of laws :) So yep, new legislation slips in there! :)
Hey!
How would I go about answering an essay question which was about the theme compliance and non-compliance regarding family law? what aspects of the syllabus could I potentially talk about?
Hey Jamon,
How should I structure parts of my response if I was exploring multiple aspects of the syllabus but also exploring different responses within those muliple aspects. E.g. If I was structuring a response to the effectiveness of the law in relation to relationship breakdowns - my structure would be intro, divorce, children, property, dispute resolution mechanisms and domestic violence. However, if i wanted to explore 2 or 3 aspects of children in this question would i do 2 or 3 paragraphs for children or just write them in 1 paragraph as a whole?
Also, which aspects of the family syllabus should I write about for a non-complaince and compliance essay?
Thanks!
Hey I was wondering how mnay examples I would need to have for police powers? (eg cases/media.....) there seems to be so much to talk about! At the moment I've got stuff on the use of technology, the case of Roberto curti (taser powers) is that enough? or do you think I need to talk about the increased powers with regard to terrorism? Thanks heaps :)
So just to clarify, lets say the question asked for law reform in trial process (i know this is specific but hypothetical) I could argue the effectiveness of legislation within each syllabus point of sentencing? e.g.
The effectiveness of having different courts for trailing different matters because each court is created by its own legislation i.e.
Drug Court - Drug Court Act 1998 (NSW)
Children’s court - Children’s Court Act 1987 (NSW)
Because then i can limit the amount i have to memorise because I use these same LCMID's for if a question was "balancing rights in trial process".
I'm asking this because at the moment the sort of LCMID I used for a reform question I answered is framed to answer that question specifically and I just want the LCMID I use to be flexible. Also, I want to know how many posts away i am from being able to have something marked? Thanks :)
Anyone got LCMs for technology in the consumer option topic? It seems pretty bare and im struggling to put together an essay plan.Hey,
Soooo many people are thinking at least one of the options questions will be compliance and non-compliance. Wondering how true this may be? Know it is all speculation but are predictions usually right in legal?
Any predictions for Crime and Family?
I hope it's compliance and non-compliance for consumers!!
Hey, so you guys were able to peg the crime question for last years paper, I was wondering what you thought the 2017 crime question will be on??
Thanks
hey!People charged with attempt get the same penalty as if the crime actually occured, except for attempted murder which gets a different penalty to murder. It would be ideal to know a few social crime prevention strategies and their effectiveness because they can ask a crime question on "How does the law deal with compliance and non-compliance.", which social/situational crime prevention would be an good topic to discuss. ;)
do people charged with attempt or conspiracy face the same penalties as those who have actually committed the crimes?
Also do we need to be across examples of social crime prevention strategies, do you think they could ask a crime question on this?
Thanks :)
Hey Jamon,
What do u reckon can be asked in the family topic this yr because last yr was pretty nice so i have a feeling this yr can be a little bit more of a curveball.
So in prep for the exam, what area/areas do u reckon I should focus on/ not neglect as it may be asked?
Thanks
Hi
The 2011 legal family question was: To what extent have changing values in the community improved the legal rights of parents and child.
I talked about CROC and Family legislation about best interests of child and the shared parental responsibilities that is about parental duty rather than a right to have a child. Mainly talked about the child's rights to education, parental responsibility about discipline (right for child to not be abused) and how discipline has changed and medical treatment.
I've mostly talked about children's right but not parental rights but rather their responsibility.is that right? and is there anything that I should add?
hey what arguments/structure could I have for this question?
'Evaluate the effectiveness of the jury system in the criminal trial process."
Thanks!
I need help peoples, what could be body paragraphs for this question
"Assess the implications of the nature of conflict on achieving world order"
I'd start by explaining the purpose of a trial by jury; that it is trial by peers ect. and you could talk abut the reform for mandatory verdicts:
Original law - Jury Act 1977 (NSW)
Reformed statute - Jury (amendment) Act 2006 (NSW)
The effectiveness of majority verdicts:
- Accounts for rogue or unreasonable jurors unrepresentative of community
- Resource Efficient
- Avoids the stress on victim going through a retrial
Ineffectiveness:
- Discounting possibility of reasonable doubt
Warren Young argues in a Preliminary Research Paper 'Juries in Criminal Trials'
that majority verdicts "Will lead to more majority verdicts than there are currently hung juries which would have the potential to undermine the perceived finality of the jury’s verdict and jeopardise public confidence in the system."
Another argument to pursue could be resource efficiency v.s the effectiveness of juries in achieving just outcomes. In most cases, where they do not secure just outcomes they're also wasting public resources/time/money.
R v Rogerson and R v McNamara (2016) (resource inefficiency)
- Jurors dismissed after two days due to potential prejudice ABC 2016
- Demonstrates lack of time and resource inefficiency
- $71 million per year to fund juries (Australian Bureau of Statistics)
Robert Xie (resource inefficiency and took too long to secure just outcomes)
- Verdict of the Lin family murders took 3 years and four separate trials to secure
- Why did Robert Xie face four trials for Lin family murders? SMH 2017
Trial by jury not achieving just outcomes for society:
R v Skaf
- raised the issue of juror misconduct
- Retrial due to jurors going to scene of crime to do their own investigation
Drug Trial Abandoned after jurors play Sudoku (ABC 2008)
- raised issue of jurors cannot be force to listen
- Discharge jury in major drug trial because jurors were playing Sudoku for “more than half” the trial
- Cost over $1 million and had seen 105 witnesses
Also, BOCSAR (2008) found that only 55% of jurors understood what ‘beyond a reasonable doubt’ meant. This undermines the entire purpose of being tried by peers.
Another argument against the effectiveness of trial by jury is that judge alone trials seem to achieve just outcomes while being cost effective and time efficient. They also mitigate juror bias in high-publicity trials. A good case for this argument is R v Gittany (2014) which successfully mitigated juror bias and the judge was able to deliver guilty verdict whilst providing reasons for his decision. This effectively represented societal values.
The Conversation 2014 "In a society where trial by one’s peers in the form of a jury trial is a constitutional right, the Gittany case raises a question whether or not trial by jury should be the exception rather than the rule."
Hope this helps :)
I'd start by explaining the purpose of a trial by jury; that it is trial by peers ect. and you could talk abut the reform for mandatory verdicts:
Original law - Jury Act 1977 (NSW)
Reformed statute - Jury (amendment) Act 2006 (NSW)
The effectiveness of majority verdicts:
- Accounts for rogue or unreasonable jurors unrepresentative of community
- Resource Efficient
- Avoids the stress on victim going through a retrial
Ineffectiveness:
- Discounting possibility of reasonable doubt
Warren Young argues in a Preliminary Research Paper 'Juries in Criminal Trials'
that majority verdicts "Will lead to more majority verdicts than there are currently hung juries which would have the potential to undermine the perceived finality of the jury’s verdict and jeopardise public confidence in the system."
Another argument to pursue could be resource efficiency v.s the effectiveness of juries in achieving just outcomes. In most cases, where they do not secure just outcomes they're also wasting public resources/time/money.
R v Rogerson and R v McNamara (2016) (resource inefficiency)
- Jurors dismissed after two days due to potential prejudice ABC 2016
- Demonstrates lack of time and resource inefficiency
- $71 million per year to fund juries (Australian Bureau of Statistics)
Robert Xie (resource inefficiency and took too long to secure just outcomes)
- Verdict of the Lin family murders took 3 years and four separate trials to secure
- Why did Robert Xie face four trials for Lin family murders? SMH 2017
Trial by jury not achieving just outcomes for society:
R v Skaf
- raised the issue of juror misconduct
- Retrial due to jurors going to scene of crime to do their own investigation
Drug Trial Abandoned after jurors play Sudoku (ABC 2008)
- raised issue of jurors cannot be force to listen
- Discharge jury in major drug trial because jurors were playing Sudoku for “more than half” the trial
- Cost over $1 million and had seen 105 witnesses
Also, BOCSAR (2008) found that only 55% of jurors understood what ‘beyond a reasonable doubt’ meant. This undermines the entire purpose of being tried by peers.
Another argument against the effectiveness of trial by jury is that judge alone trials seem to achieve just outcomes while being cost effective and time efficient. They also mitigate juror bias in high-publicity trials. A good case for this argument is R v Gittany (2014) which successfully mitigated juror bias and the judge was able to deliver guilty verdict whilst providing reasons for his decision. This effectively represented societal values.
The Conversation 2014 "In a society where trial by one’s peers in the form of a jury trial is a constitutional right, the Gittany case raises a question whether or not trial by jury should be the exception rather than the rule."
Hope this helps :)
Hey everyone!
Just wondering, how is everyone preparing for the HSC legal studies exam?
What's the next step after knowing all your content and whats the most efficient process to prepare?
I feel like writing different essays is too time consuming?! What are your thoughts?
Are essay plans enough for preparation?
Sorry, Im just really stressed because the style of studying for legal is completely different from my other subjects and its quite tricky!
Thankyou in advance :) ;D
Hi!
In reference to crime and the criminal investigation process, how long can a suspect be detained before they either have to be charged or released? My textbook says 4 hours or 8 if a warrant is applied for, but my teacher said that that might have changed in the last year to 6 hours. Does anyone know?
Thanks!
For the different categories of crime e.g. offences against the person and all the crimes within that e.g. murder, manslaughter - do you need to know the max sentences for all of these? Ik that these 2 examples are easy, but memorising the max sentence for a death by reckless driving charge just seems so minute and unimportant
Also, are principals in the 2nd degree required to be present during the carrying out of the crime?
Hey guys!!
Sorry bit of a lame question, but does media fall under as a 'non-legal' measure??
thanks!! ;D
Not a lame question at all! But yes, it is a non legal measure :)Thanks heaps paigek3!! :)
This has always tripped me up but for Australia, does ratifying a treaty make it enforceable? I know that when incorporated into domestic legislation a treaty is enforceable, I'm just unsure if that is what ratifying means or if ratifying is only a declaration of support for the treaty
For the different categories of crime e.g. offences against the person and all the crimes within that e.g. murder, manslaughter - do you need to know the max sentences for all of these? Ik that these 2 examples are easy, but memorising the max sentence for a death by reckless driving charge just seems so minute and unimportant
Also, are principals in the 2nd degree required to be present during the carrying out of the crime?
So, just to get this straight!!hey justin ;)
Is the NSW Office of Fair Trading a 'legal measure' or 'non-legal measure'??
Ta! :D
hey justin ;)Thanks BK, whoever u might be :P :D
i think the office of fair trading is a legal measure..
it was set up by the NSW govt and is a govt department...
... i'm pretty sure maybe not tho?
if anyone thinks otherwise please say!! ;D
Hey! Just a few questions:
I wasn wondering if we had to know domestic measures/instruments with relation to the development of peace rights? All my notes are focused on international stuff!
Also how would I talk about state sovereignty actually promoting human rights, as opposed to enforcing them?
And with regard to the enforcing' of human rights can we say that the ICC enforces human rights through the sentences (for cases involved with human rights violations) it imposes or is this just promoting them because it establishes an international legal precedent?
Thanks heaps!:)
Hey, how do measures promote peace and resolve conflicts (world order)? Thanks!!
do you think this point in the syllabus could be asked for the crime response 'examine the reporting and investigating of crime' I feel like there's not much to write for the reporting part
Hi guys,
can anyone please clear up for me the current bail laws, im finding it all very confusing.
You should be alright with just international ;DThanks a lot! :)
That's a tough one, but you could say that state sovereignty allows nation states to support programs that promote human rights - Including UN initiatives? :)
You could say it does both! :)
Can someone please explain to me why the answer for this question is C and not D? Because they aren't allowed to question the girls as they are under 18 and do not have their parents with them on the train?
The police asking questions isn't necessary a proper interrogation, so it isn't governed by the same rules! There is a bit of a distinction there and it is unlikely their answers would be permissible evidence, but asking them questions is definitely okay :)
On the other hand, Kim and Ashley can't be forced to go to the police station - They'd have to be arrested and they haven't committed an offence! :)
The police asking questions isn't necessary a proper interrogation, so it isn't governed by the same rules! There is a bit of a distinction there and it is unlikely their answers would be permissible evidence, but asking them questions is definitely okay :)
On the other hand, Kim and Ashley can't be forced to go to the police station - They'd have to be arrested and they haven't committed an offence! :)
I'm just gonna continue off on what Jamon wrote but basically, to arrest someone, the police need to have a legitimate reason. The girls only have the spray paint cans, which they haven't done anything with yet. And I believe the police are assuming that they'll go spray some graffiti, but even then, that's not a real reason to arrest them since the action hasn't been committed yet.
Someone please help!!
In what circumstances do police need a warrant for an arrest?
Arrest warrants are given to the police to arrest a person when the court has been convinced that there is evidence that an offence may have been committed by a suspect. Police need to provide legitimate reason for the purpose of the arrest, and the purpose has to be on reasonable grounds. Despite this, police can also arrest a person without a warrant if they believe on reasonable grounds that a person has committed, is about to commit, or was caught committing a crime.
Hopefully this helps! Maybe other people can contribute further to my response haha
Can someone please explain why it's B and not C?!?! I understand laws need to be known but seems overly subjective to me? This is 2010 HSC so not sure if it's old syllabus.
Also, are environmental rights collective rights? Also comes up in multiple choice with self-determination which is the obvious answer, but I thought the right to a safe and comfortable environment is a collective right for society?
Hey does anyone have a case study for covert search warrants that call into question the right to privacy? Trying to prepare a law reform essay...
Hello, i'm pretty sure A is the correct answer. But apaprently its B? Might be an error? or is a) wrong?
This has always tripped me up but for Australia, does ratifying a treaty make it enforceable? I know that when incorporated into domestic legislation a treaty is enforceable, I'm just unsure if that is what ratifying means or if ratifying is only a declaration of support for the treaty
Hi there! I believe there are other complete defences that, if successful, also result in an acquittal. Examples include self-defence, automatism, and compulsion (necessity, duress), so that's why (A) is the incorrect answer.
Hey guys! I was looking through my Family Law notes and I had two legislation written down: Family Law Act 1975 and Family Law Act 2009
Does anyone know if the 2009 one replace the 1975 one, or are both simultaneously still regulating family law?
Hey guys! I was looking through my Family Law notes and I had two legislation written down: Family Law Act 1975 and Family Law Act 2009
Does anyone know if the 2009 one replace the 1975 one, or are both simultaneously still regulating family law?
I'm pretty sure its the Family Law Act 1975 for family law. The 2009 thing might be something separate for de facto relationships?
Is the 2009 you're referring to an amendment? Because if so, it would still be considered the Familty Law Act 1975, just that amendment in 2009 is incorporated within the original Act. But for reference in essays regarding law reform, you would refer to the amendment specifically and what ameliorations are within it. If it's not an amendment actually saying Family Law (Whatever Amendment) Act 2009, then it would be a separate Act.
Hello, i'm pretty sure A is the correct answer. But apaprently its B? Might be an error? or is a) wrong?
If anything I'd say C is the correct answer. The onus is shifted from the prosecution having to prove that the accused commit the murder, to the accused having to prove that they were affected by mental illness.
Hey guys,
any predictions for the options questions this year, in particular family or workplace?
Can someone explain why the answer is C? I may have got it by elimination by don't really understand why C is the correct answer;
15. Which of the following statements is considered an argument against the passing of
an Australian Human Rights Act?
(A) It would require approval by the United Nations which is costly and time consuming.
(B) It is too difficult to pass as it needs a majority of voters in a majority of States.
(C) It transfers power from the legislature to unelected members of the judiciary.
(D) It would quickly become outdated.
Shelter ppl - what can i say for compliance in this option?
Thanks
Hi! Do we have to know the specific articles that the civil & political rights and economic, social & cultural rights are stated in the UDHR??
Hi! Do we have to know the following declarations (Human Rights)-- historic constitutional documents:
- The Declarations of Rights 1689 (UK)
- American Declarations of Independence 1776
- The French Declarations of Rights of Man and the Citizen 1789
Or is the Magna Carta (1215) just the main one we have to know??
Hey,
I'm struggling with a nature of parental responsibility essay for Family Law. I'm unsure of the way I should be structuring it and what points to make.
Any help would be much appreciated,
Thanks!
Hey everyone!
So my second option is consumers and i am just wanting some advice on paragraph structure and arguments and any lil tips! :) x
hey just wondering for world order if they would ask specifically about access to resources as a source of conflict. If so what could I talk about? I've got one brief thing on Darfur but not much else!
Thanks :D
Hey guys!
I was wondering if the Supreme Court can hear criminal appeals from the District Court, or does it go straight to the Criminal Court of Appeal?
Thanks :D
hey! whats a peremptory challenge?
The Court of Criminal Appeal is part of the NSW Supreme Court, the part that hears appeals, so anything appealed from a District or Supreme court ruling goes straight there ;D
Thank you so much!
Something else silly that keeps confusing me - what's the difference between a summons and an indictment?
Thanks!
Hey guys!
So for my option topics, I have family and workplace. Do you think I would be okay if I understood my theory and memorised my lists of evidence for contemporary issues ONLY, and then practiced only contemporary issues essays in the hope that they ask about contemporary issues or have a question where I can use the evidence I have learnt from contemporary issues? I have gone through every HSC paper since 2012 and I have been able to use my contemporary issues evidence, so will that be okay? Or would you recommend going through each and every dotpoint of my option topics and learning evidence for each and every dotpoint?
Thankyou!
My teacher said, that they usually ask one general question from the themes and challenges, and a specific one relating to the contemporary issue. Personally, I've found that using a contemporary issue works well with any general questions, so relying on a contemporary issue for your essay shouldn't be a problem.
However, do try and know the themes and challenges :)
hey again!
so im drafting my crime essay based on prevention being more effective than punishment, so the first syllabus dotpoint, but im missing the link with international documents, are you guys aware of any particular articles that may be relevant? thankyou
hi
can you provide advice on how to cram legal?
i tend to be able to waffle a lot and thats how i get a rough mark of 80 with little study.
please provide advice, considering i have chem exam as well
thanks
Hey guys
If I were writing a body paragraph about police powers and their increasing powers against protesting, could I say that it's against Australia's obligation of the ICCPR A19 on freedom of expression?
Hey! Is the UN High Commissioner for Refugees considered a non legal response for the contemporary issue of Asylum seekers? Thanks:)
How are you guys going in prepping for Legal? All I'm doing is basically writing practice essays for possible questions that may be asked, improving my understanding of HR and Crime :)
Hi. :) If there were a question on the juries, could you mention the issues of peremptory challenge and how it reduces the public trust in the legal system which causes lower rates of crime reporting. Or is that a bit off-topic?
Also, what points could I talk about if there were a Crime question on "Nature of Crime"?
Thanks
MC is my weakest section, so i've been doing heaps of MC questions over the past 2 days :-) once i feel a bit more confident, i'm going to do some essays!
all the best,
fantasticbeasts
Considering the crime question for the past 2 years has been on young offenders and international crime, would it be ok to just briefly study those two areas of the syllabus instead of in-depth like the other areas? Like would it be worth writing essay plans or just stick to law reform/sentencing and punishment?
Thank you!
Hey guys,
For Human Rights there is a dot point for the role of courts, tribunals and independent. I get that the courts covers the ICJ, ICC and ECtHR, while the tribunals cover all the cases prior to the ICC's establishment. However, I've got no clue as to what 'independent' means? The Cambridge textbooks seems to skip it entirely. At first I thought that the Human Rights Committee was an example, but I've seen many notes online and in the ATARNotes book and they seem to class the HRC as a statutory authority instead, which is a different dot point. Any help as to what 'independent' means in the syllabus would be great.
Thanks :)
EDIT: I've referenced my Legal Excel book for this first time this year :o Anyway, it merges independent and statutory authorities into one heading, which just adds to the confusion. If they're the same thing then why are they classed under different dot points?
For a question like 'to what extent does the law balance the rights of victims, offenders and society in the criminal trial process', what would you talk about for the victim? There's victim's rights and VIS etc but they are part of sentencing?
study everything in case :-) write out essay plans for as many things as possible, because there's been quite a few curveballs thrown around in other subjects.Hey I'm pretty sure it's a typo! I think it's supposed to be independent statutory authorities
all the best!
honestly, i have no clue what 'independent' is either... i just have the Human Rights Committee for that part? does anyone else have input on this hahahaha kinda getting worried now
For a question like 'to what extent does the law balance the rights of victims, offenders and society in the criminal trial process', what would you talk about for the victim? There's victim's rights and VIS etc but they are part of sentencing?
For serious offences such as murder committed by children - what court are these held in, as Children's court is only for summary offences correct?
if i'm not mistaken, it's the supreme court, because from memory, children are tried as adults when they commit a serious offence like murder, manslaughter, etc. someone correct me if i'm wrong!Yupp that's what I was able to find my self thank you! Also a silly question but does the High Court only hear appeals from lower court cases (appelate jurisdiction), or do they have cases of their own as well?
Yupp that's what I was able to find my self thank you! Also a silly question but does the High Court only hear appeals from lower court cases (appellate jurisdiction), or do they have cases of their own as well?
Hey guys!
In an essay about sentencing and punishment, if I were to talk about restorative justice and circle sentencing, could I also add in stuff about youth justice conferencing because they're very similar in a sense. But I understand that it's not explicitly in the syllabus under sentencing and punishment.
Yupp that's what I was able to find my self thank you! Also a silly question but does the High Court only hear appeals from lower court cases (appelate jurisdiction), or do they have cases of their own as well?
MC is my weakest section, so i've been doing heaps of MC questions over the past 2 days :-) once i feel a bit more confident, i'm going to do some essays!
all the best,
fantasticbeasts
Do you know any other places other than ACEHSC and hsc past papers that have mc?
What are the differences between restorative justice and youth justice conferencing?
Do you know any other places other than ACEHSC and hsc past papers that have mc?THSC have some!! (although some there are on ACEHSC as well).
THSC have some!! (although some there are on ACEHSC as well).
What are the main domestic measures for dealing with transnational crime?
Does anyone have a structure for answering an adoption essay question ? Thanks
hey
how do australian tribunals protect human rights?
Hi,
I'm really struggling to put together an essay plan and finding LCMs for technology as a contemporary issues in consumer option topic. If people have any to share, it would be very much appreciated. Also, notes for tribunals in consumer would be appreciated as well.
TIA
I've realised that in the option topics the style of questions have been relatively the same, offerring a broad and a specfic question, especially in family and consumer. However, in 2015, the questions were rather specific such that if I were in that exam I would not be able to write a complete essay. Do you reckon they will continue with the same style of questions into this year as they recently did again last year?
I was wondering what three areas you guys feel are the best to discuss in a crime law reform question i.e bail, provocation, LEPRA etc. ??hey! in my law reform essay which i got 14/15 (lacked international treaties), i spoke about the criminal code act 1987, which was amended to change the way evidence was obtained in court (division 3 of the act stated that evedence could only be issued IN court, and later, victim considerations were prioritised hence why courts now allow in camera obtaining of evidence so that its in private, and also allows for the use of visual recording and audio recording of evidence) , particularly for sexual offence. in the same point about evidence you could also mention s26 of the crimes act 1900 which introduced the use of victim impact statements under s26 of the crimes (sentening and procedure act). i also wrote about juries, it was amended to change unanimous verdict to majority verdict (10/1, 11/1). also, the bail act which was reformed to eradicate the presumption of bail for sex offenders (common law-man monis "sydney siege 2014" [smh]), also, on a larger more ethical scale, you can write about the abolitionism of capital punishment with the death penalty abolition act1973 which essentially highlights arts 6 of ICCPR 'right to live'. you could also discuss the one punch rule, due to R v loveridge, in which a general deterrence was the demise of the life sentence to any offender who punches an individual on the head. one last point i have is the amendment of criminal code act 1999, to criminal code amendment (trafficking in persons) act 2005 which passed divisions 270 and 271 essentially to protect victims from sex trafficking, slavery, forced labour and also trade of human organs! good luck :)
I was wondering what three areas you guys feel are the best to discuss in a crime law reform question i.e bail, provocation, LEPRA etc. ??my bad, victim impact statements are under s26 of crimes sentencing procedure act 1999
Hey guys!
For a question on compliance and non-compliance in the criminal justice system, what would be the best issues to discuss? I would talk about mandatory sentencing relative to deterrence, but would need 2 more topics.
Thanks :D
Hey! In the 2013 Human Rights short answer question "Explain how changing values have been reflected in the promotion and enforcement of ONE human rights issue" would it be okay to discuss a contemporary human rights issue such as Child Soldiers, or do you HAVE to relate to the abolition of slavery, etc? Like I feel like either would answer the question, because you can discuss how in each circumstance child soldiers and slavery were legal however they have been outlawed in recent years due to the changing values of our society.
Any predictions for family option? They asked surrogacy and birth technologies last year...I bet is on care and protection. What do you guys think?
hey...
i was wondering how important are statistics in our essays?!
they do help to back up an argument, especially in an effectiveness or law reform essay, buuuut they are really hard to remember and just didnt know how necessary they were!?
tia.
hey...yeeeesssss have atleast 3 statistics to back up your claims, it is what diffrentiates between a band 5 and 6
i was wondering how important are statistics in our essays?!
they do help to back up an argument, especially in an effectiveness or law reform essay, buuuut they are really hard to remember and just didnt know how necessary they were!?
tia.
heyHey,
any predictions for consumer law essay?
yeeeesssss have atleast 3 statistics to back up your claims, it is what diffrentiates between a band 5 and 6
They aren't essential, but they are extremely useful. If you have a hard time remembering them, round them up/down e.g. "nearly half of..." or "over 40,000..."thanks heaps justdoit and paigek3 ;D
Hey,hey katie...
My teacher thought that technology or product certification could be asked, could be a compliance, non-compliance question as well.
Good luck for Thursday! ;D
hey katie...Hey,
do you think they would ever only give you the option of both the essays being on one of the following:
• credit
• product certification
• marketing innovations
• technology
because i am a lot more confident with the themes and challenges and i feel as if i know VERY little from the above topics ::)
thanks
Hey,thanks sooo much for that katie ;D ;D
I don't think that they would have both essays specifically on a contemporary issues (credit, product certification, marketing innovations, technology). I think that they might have a question on 1 or 2 contemporary issues and another on a theme and challenge. One specific question and another that is more broader. Although, I am not too sure.
So, I think it should be ok for you, however maybe try to know some contemporary issues (even just broadly) because you might be able to add them into a themes and challenges essay as well.
Heres an image of all the past questions from 2011-now for crime, the larger human rights question, family, and consumers with my classes predictions.
(https://i.imgur.com/a3AQZBT.png)
Hope this helps! Good luck for Thursday! ;D
hey ya'll, if they asked for a law reform question regarding the criminal trial process, what paragraphs would you have? i've got paragraphs on partial defences and jury, but what's an idea for the third paragraph?
Hey everyone, how would I structure an essay about care and protection of children?
For R v Singh and defences in general - what legislation was provocation found in?
Maybe charge negotiation, as included in Section 35A of the Crimes (Sentencing Procedure) Amendment Act 2010
I have struggled a bit with this too, but thinking of doing
- FACS
- Amendments to legislation after Wood Inquiry
- The Media's role in bringing light to situations
But will be eager to hear other people's ideas!
I was thinking of putting the Wood inquiry on a paragraph about domestic violence against children
What about a paragraph on parental responsibility and legal consequences in separation involving children?
Crimes Amendment (Provocation) Act 2014 (NSW) was the act that introduced extreme provocation, now in Section 23 of the Crimes Act 1900 (NSW)You are a god send have all the respect points :)
Should find other defences also there :)
Does anyone have an essay structure for same-sex relationships? A brief outline as to what would be mentioned would help heaps. Thanks :)
My personal way of structuring a same-sex relationships essay is in sort of a timeline, so:
P1- de-criminalisation of homosexual sex
P2 - amendment to de facto definition
P3 - a look into the future, need for same sex marriage, plebicite
Cheers :)
EDIT Just wondering if you had any cases for these?
Do indeed :)
Toonen v Australia 1991 - de-criminalisation of homosexual sex
Hyde v Hyde and Woodmansee 1866 - this is the case that established Australia’s definition of marriage pursuant to when it was introduced in 2004. Could include this in the last paragraph indicating how outdated the definition is
what legislation is product certification covered in?I don't think there is a specific legislation but the ACCC enforces it under the Competition and Consumer Act 2010 (Clth). Consumers can also make complaints to the NSW fair trading (under the Fair Trading Act 1987 (NSW) ) and they monitor product safety.
tia.
I don't think there is a specific legislation but the ACCC enforces it under the Competition and Consumer Act 2010 (Clth). Consumers can also make complaints to the NSW fair trading (under the Fair Trading Act 1987 (NSW) ) and they monitor product safety.thats a huge help...
Hope this helps! :D
In an essay question asking "Explain how the law encourages cooperation and conflict resolution with regard to world order" does 'the law' mean strictly legal mechanisms or can I discuss how NGO's or IGO's or diplomatic pressure/persuasion are encouraging adherence to int. instruments and obligations of non-compliant nation dates and thus encouraging cooperation/conflict resolution?Hi there,
Thanks :)
thats a huge help...Hey,
thanks so much again!
are the other contemporary issues similar
just tryna work on them now and realise how little i know!!
Hey,oh my goodness katie... you are a life saver!!!!
Thanks! :)
The other contemporary issues are similar (you could probably use the Competition and Consumer act for them all as it is the main consumer law).
These are the legislation that I have:
Credit
Australian Securities and Investments Commission Act 2001 (Cth): Set up ASIC which prosecutes Credit issues and I think this was the first credit law.
National Consumer Credit Protection Act 2009 (Cth) (NCCP): This is the main legislation for credit. The main objectives are to create a single, uniform national credit law, regulate credit industry participants and to protect consumers/the economy by encouraging responsible lending. It applies to loans such as home loans, personal loans and credit cards. It includes mandatory licencing with ASIC, 48% interest cap and that they must be members of an ASIC approved External Dispute Resolution Scheme.
The National Credit Code (at Schedule 1 of the NCCP) (NCC): The NCC applies to loans given for predominantly personal, domestic or household purposes, including residential property investment.
Marketing Innovations
The Spam Act 2003 (Cth): civil offense to use address harvesting software to build distribution lists of recipients.
Competition and Consumer Act 2010 (Cth) & Fair Trading Act 1987 (NSW): address deceptive advertising and marketing practises.
Technology
Competition and Consumer Act 2010 (Clth): The ACCC can enforce/prosecute the consumer law domestically regarding technology.
Telecommunications Act 1997 (Cth): gives ACCC authority to administer the Rules of Conduct (contained in that act) governing dealings with international telecommunications operators.
Hope this helps! Good luck for Thursday! ;D
Does anyone have legal and non-legal responses for Human Trafficking as a contemporary issue in Human Rights. I'm lost at the moment.
Does anyone have legal and non-legal responses for Human Trafficking as a contemporary issue in Human Rights. I'm lost at the moment.Legal:
Hi there,
The easiest way to ensure that you are answering the question in those forms of questions is to at first state how the law is ineffective in achieving world order due to ( non compliance, lack of enforceability etc) and then state how non legal methods are a necessity to boost the performance and effectiveness of the law to achieve world order.
By doing it like this, you ensure that you are answering the question throughout the whole of your essay whilst showing the broad nature of your knowledge through reflecting how the law aims to achieve X although doesn’t due to X although can be better achieved through the media etc.
Hope that helps
Do we have the right to legal aid? Is it not included in the constitution?
Hi guys i have a few questions.1- i think the law responding to changing nature of families is a pretty good umbrella essay as you could talk about almost everything
1. what does a generic family Law essay include? I am currently so confused as i have made essays for all the contemporary issues however i have not made one for the generic family essay.
With the generic family essay do i include contemporary issues or is it another part of the syllabus?
2. How do i assess compliance and non compliance? do i use legal and non legal or the effectiveness criteria?
3. Also With a family essay do i have to do legal and non-legal responses? because I am finding it hard to find non-legal responses for family essays?
4. what does 'duress' mean?
5. what do i talk about in a generic consumer essay? do i pick points of the syllabus or...? (this is the same for family)
i am doing HSC btw
Also your atar legal studies book is very helful, great job!!
Hi guys i have a few questions.
1. what does a generic family Law essay include? I am currently so confused as i have made essays for all the contemporary issues however i have not made one for the generic family essay.
With the generic family essay do i include contemporary issues or is it another part of the syllabus?
2. How do i assess compliance and non compliance? do i use legal and non legal or the effectiveness criteria?
3. Also With a family essay do i have to do legal and non-legal responses? because I am finding it hard to find non-legal responses for family essays?
4. what does 'duress' mean?
5. what do i talk about in a generic consumer essay? do i pick points of the syllabus or...? (this is the same for family)
i am doing HSC btw
Also your atar legal studies book is very helful, great job!!
Thank you! that really clarifies my question :)
hey!
i am very worried about the crime essay as crime is probably my weakest part (and it has the most weighting) :-\
but if it is on law reform as predicted, what would be some major points to include in your essay?
i know about bail laws and the mandatory sentencing of one punch attacks but that is about all!!
thankyou so much for any help in advance!!!
hey!
i am very worried about the crime essay as crime is probably my weakest part (and it has the most weighting) :-\
but if it is on law reform as predicted, what would be some major points to include in your essay?
i know about bail laws and the mandatory sentencing of one punch attacks but that is about all!!
thankyou so much for any help in advance!!!
Can someone please explain the Bail Act amendments?
what legislation is product certification covered in?
tia.
The main one you need to know is the Bail Amendment Act 2013, which introduced the "unacceptable risk" test. In this same amendment though, they removed the "presumption against bail" for murder charges. So essentially, prior to the amendment, anyone who commit murder would be denied bail. Under the new amendment, a person who commit murder can be given bail if they pass the unacceptable risk test. This led to majorly controversial cases such as Steve Fesus, Hahmoud Hawi, and most importantly Man Monis, who commit the Lindt Cafe Siege while on bail.
The Bail Amendment Act 2015, though not as important, was in response to Man Monis' siege. It has amended the provision of bail for terrorist related activities. It added the 'show cause' requirement, so accused persons must show cause for serious indictable offences
How many media articles are expected in an essay? And is making them up really an option - will the markers know?
HEY GUYS!
I was wondering if you could help me out in writing an essay on law reform for world order- I'm really confused on what to talk about for my paragraphs
I was thinking on doing one paragraph on developing treaties but I cant think of law reform anywhere else to discuss and was wondering if you could please help me out
thank you very much :))
Are you guys learning the dates for every single one of the "developing recognition of human rights" dotpoint?
How many media articles are expected in an essay? And is making them up really an option - will the markers know?
HEY GUYS!
I was wondering if you could help me out in writing an essay on law reform for world order- I'm really confused on what to talk about for my paragraphs
I was thinking on doing one paragraph on developing treaties but I cant think of law reform anywhere else to discuss and was wondering if you could please help me out
thank you very much :))
Are you guys learning the dates for every single one of the "developing recognition of human rights" dotpoint?
Thank you! Can you please explain what "unacceptable risk" and "show cause" means. These two terms always confuse me.
That's literally what I have too! No need to stress :) Other points that I would include would be the Provocation Amendment, which has changed the criteria of provocation to 'Extreme Provocation'. This was in response to the lenient case of R v Singh. You can argue that this is effective as it prevents the regularity of violent spouses murdering their partner in a jealous rage.
Another good piece of reform would be the Jury Amendment (Verdicts) Act. Rather than requiring a unanimous 12:0 vote, a 10:2 or 11:1 vote can satisfy a conviction. This links well to balancing rights of parties, as you can argue that reducing the criteria allows for less hung juries, thus saving the trauma of victims reliving the crime in constant re-trails, as well as saving taxpayers in millions of dollars. On the contrary, reducing the criteria has hampered the standard of 'beyond reasonable doubt', resulting in injustice for the accused.
These reforms and the ones you have already should have you set for a law reform question!
Hey guys, I've found that major road blocks to my study have been caused because I don't know how to structure my paragraphs for some dot points.
Could anybody please help me out with a paragraph structure and brief overview of:
- The Changing Nature of Parental Responsibility
- Surrogacy and Birth Technologies
- Care and Protection of Children
Thanks so much :) I appreciate any help. Also, if you know about one of the dot points but not the others that still helps out :D
For care and protection, I had a paragraph on domestic violence and the NSW government five-action plan called "Keep them safe" in relation to the Wood inquiry. I also talked about the laws ineffectiveness in dealing with issues with children involving domestic violence
For my second paragraph, I talked about parental responsibility and how the law aims to have the best interests of the child
Third paragraph, mentioned the legal consequences of separation involving children
Sorry it's a bit all over the place, as I'm not finished planning it all out, but that's all I have!
hello everyone can you please give me some advice on how to structure an essay on World order for compliance and non compliance
hey
i was wondering if someone could please explain to me how state soverignty is related to veto powers/R2P/Sanctions in world order?
thank you :)
What are some major cases or events that demonstrate the ICJ's role in enforcing human rights?
Essentially, state sovereignty means that no nation state is ever fully obligated to adhere to international standards. Meaning, they can ignore UN sanctions if they so choose. Everyone needs to cooperate for anything to work ;DThank you so much! Could you also explain what statutory authorities are and their role in upholding human rights?
Check this case from 2009, could be helpful! ;D
Hey guys! Does anyone know what the impacts of being successful in using a partial defence are, compared to a full defence? Thank you
Hey guys for the last question, why is a property offence?
Hey guys for the last question, why is a property offence?
I was just wondering how to tackle the 'role' in questions, particularly in crime - e.g. the role of discretion, the role of law reform. Each essay I've done this year I'll have a mark taken off because I didn't focus on the 'role' as much as they wanted, but I don't really know what that means?
Well when I think that focusing on the role of those topics would mean their purpose, so for instance the purpose or ‘role’ of law reform is to keep up with the needs of society. So if you introduce that idea in your intro and keep linking back to it in your bodies, and conclusion, you should be covering that well enough
If you did write that, this could possibly be a case of teacher’s marking you harshly to ensure you’re not too comfortable before hsc comes :P
EDIT: Speaking of discretion, what would be a good essay plan for a question regarding the role of discretion in the cjs?
Hi all! Firstly, good luck to us all for tomorrow!
I'm just not sure of what to do with my time today, I feel like doing papers will stress me out so what's a good idea?
Thanks! :)
Hi all! Firstly, good luck to us all for tomorrow!
I'm just not sure of what to do with my time today, I feel like doing papers will stress me out so what's a good idea?
Thanks! :)
Well when I think that focusing on the role of those topics would mean their purpose, so for instance the purpose or ‘role’ of law reform is to keep up with the needs of society. So if you introduce that idea in your intro and keep linking back to it in your bodies, and conclusion, you should be covering that well enough
If you did write that, this could possibly be a case of teacher’s marking you harshly to ensure you’re not too comfortable before hsc comes :P
EDIT: Speaking of discretion, what would be a good essay plan for a question regarding the role of discretion in the cjs?
Well when I think that focusing on the role of those topics would mean their purpose, so for instance the purpose or ‘role’ of law reform is to keep up with the needs of society. So if you introduce that idea in your intro and keep linking back to it in your bodies, and conclusion, you should be covering that well enough
If you did write that, this could possibly be a case of teacher’s marking you harshly to ensure you’re not too comfortable before hsc comes :P
EDIT: Speaking of discretion, what would be a good essay plan for a question regarding the role of discretion in the cjs?
For an essay on the role of discretion in the cjs, the easiest way and most effective way to go in terms of getting a broad discussion would be to have a paragraph on the CIP, CTP and S&P.
So these are some things specific for the CIP, but you would continue for the other sections of the CJS, according to the syllabus (because it honestly makes it so much easier to just pack in information into your paragraphs imo).
Hope this helps :)
(also sorry if I've just repeated what other people have already posted, this took forever to write up :P)
Police discretion: misuse of police powers under LEPRA, evident in the Roberto Curti taser incident, as well as Corey Barker's unlawful arrest. You can substantiate the paragraph with the subsequent media blacklash. This mainly shows how police discretion is being exploited and is not delivering justice for the accused. You can show nuance through R v Gittany, where police discretion was used to gather evidence efficiently and gain a conviction
Judicial discretion in factors affecting a sentence: the role of discretion here is to provide judges with a means of adapting to the unique features of each case. In the case of R v Milat and Klein, the judge disregarded their mitigating factors as the offence was too severe. Whereas, in R v Bayley the offender DID consider these mitigating factors, resulting in a lesser sentence. This effectively allowed the judge to prioritise rehabilitation
Judicial discretion in penalties: R v GDP, sentence is changed from a 12 month control order to a 12 month probation to encourage rehab. R v McCartney, judge prioritises deterrence, so imposes a higher sentence for sexual assault
Mandatory sentences: The introduction of recent mandatory sentences has hindered the role of judicial discretion. Crimes (Murder of Police Officer) Act enforced a mandatory life sentence for killing a police officer. This means that discretion can no longer be applied as each convicted offender will always be given a life sentence, regardless of any mitigating factors.
For an essay on the role of discretion in the cjs, the easiest way and most effective way to go in terms of getting a broad discussion would be to have a paragraph on the CIP, CTP and S&P.
And then within each paragraph, for example the CIP you could talk about points such as:
- police powers (their application of discretion)
- reporting of crime --> main role in this is that of the public, whose only 'power' is discretion (choosing whether or not to report a crime). This becomes an issue though with under-reporting on certain types of crimes (sexual assault, domestic violence) because of assumptions that reporting won't lead to arrest/conviction (NSW Bureau of Crime Stats and Research [2006] - 90% of reported sexual assaults resulted in no conviction) and so up to 85% of sexual assaults in Australia are not reported. Organisations such as Crime Stoppers however encourage public reporting of crime ... so I suppose you could find some stats on the reporting of crime through that method as a way of fixing the ineffectiveness of the role of discretion in reporting of crime.
- gathering evidence --> essentially all up to the police and their use of their powers, so discretion inevitable becomes a factor (whether it is effective or ineffective). So for this section you could talk about R v Wood (demonstrated ineffective use of police discretion in gathering evidence, leading to unfair trial)
- use of technology --> again, major involvement of police and their use of their powers. So one interesting thing I came across was police hacking powers (provided through their capability for covert searches). This type of power is obviously super controversial because it impedges on key human rights such as the right to privacy etc. Thus police discretion is super important -- but it's limited by the fact that only a specific officer can get a warrant from a specific eligible judge for this power, and even with that their application needs to demonstrate suspicion or belief on reasonable grounds that a terrorist act has been/is likely to be commited, that searching a premises (or whatever else) will likely prevent this and that it's necessary that the search has to be conducted without the occupier's knowledge. Also, after 10 days of the search the office has to report back to the judge and essentially detail EVERYTHING. So its good that certain meausures have been put in place for powers like this where discretion is obviously going to affect how the power will be used (usually a bad effect), and so discretion is limited for effectiveness.
- use of warrants: as mentioned above, limit police discretion but result in judicial discretion
- DVEC (used in domestic violence investigations) --> limits the discretion of victims/witnesses as police can digitally record victims statement in situ so that justice can be achieved in the trial wherein the victim may not be willing to provide correct information.
- bail: judicial discretion, but the reforms in Bail Act limit judicial discretion (I may be wrong, you might have to check over this). Restrictions have also been placed in granting bail for offences such as drug trafficking/domestic violence and even limit the chance of suspected terrorists of getting bail (Terrorism Act amendment 2017).
So these are some things specific for the CIP, but you would continue for the other sections of the CJS, according to the syllabus (because it honestly makes it so much easier to just pack in information into your paragraphs imo).
Hope this helps :)
(also sorry if I've just repeated what other people have already posted, this took forever to write up :P)
I had a discretion question in my trials but it was focused on sentencing and punishment. I wrote about how a judge's discretion ultimately results in whether or not the accused is convicted. I narrowed it down to statutory and judicial guidelines (mandatory sentencing REMOVES the ability of a judge to have discretion while precedents indicates what the recommended sentence would be and lets the judge mold their decisions based on the past decisions), types of penalties (the judge chooses the penalty based on aggravating and mitigating factors) and victim impact statements (judges are only obliged to consider them and it should not form a bias).
For other parts that are not pertaining to sentencing and punishment, I guess you could talk about police discretion; how they can choose to give a warning, etc. Would appreciate if others could add onto this!
Hey guys, if you forget the exact title of a media article, would it be okay to paraphrase it?
i'm kinda thinking the same way!! :P
maybe just brush up on all your legislation, cases, media articles, treaties etc. so that you know them really well!!
all the very best for tomorrow!
who else's last exam is legal and CAN NOT wait!? ;D
It's mine too!!!!!! I'm so excitedddddddawwwwwwwwesome...
what recent law reform could you write about ?what topic are you referring to?!
awwwwwwwwesome...Still got extension maths the day after 🙁
i just can't wait for tomorrow at 12.30!!! ;D ;D :D 8)
the wait is especially painful when a large majority of my friends have already finished :-\
hey...
i was just wondering... how important is the year on the end of legislation?!
obviously for the main ones i remember them, but for some of the more insignificant ones i always tend to forget!! :-X :-\
how much will i be marked down for this?!
For the question, 'discuss the effectiveness of legal and non-legal responses regarding the recognition of same-sex relationships,' what would be the best way to structure the essay?
Still got extension maths the day after 🙁i'm sorry to hear that... buuut, you'll get to celebrate soon anyways!! ;D
It could contribute to the loss of a mark, but if you write an otherwise perfect essay then you'd still get 25/25 without dates on a few pieces of legislation ;Dok, i'll do my best to remember, there's just so much to try and think about!!
what recent law reform could you write about ?Hey,
Yep, that is definitely okay to do if you need to ;D
recent law reform for crime?did you see katie's amazing response here?
Hey I was wondering how I could structure a response for changing nature of parental responsibility? It seems so broad!! Thanks heaps:)
Difference between the UN Human Rights Committee vs UN HR Council?
What would you write in each paragraph on an essay about compliance and non-compliance with consumer laws?you could speak about how this is very little litigation in the area of consumer laws, especially compared to other civil law cases. then you may be able to go on and explain how this may be a case of the following factors:
you could speak about how this is very little litigation in the area of consumer laws, especially compared to other civil law cases. then you may be able to go on and explain how this may be a case of the following factors:
-commitment to customer service- suppliers and manufacturers are normally willing to assist, repair and refund faulty products as this increases customer loyalty if they are helpful, and in the long run, contributes to their profitability, therefore businesses do seem willing. you can use some stats from the ACL infographic in this para!
-effective advice, assistance and mediation services- businesses tend to comply with the law because assistance to consumers is so readily available. Refers to measures such as the NCAT here ;D
-effective enforcement mechanisms- product liability, class actions, mandatory standards and marketing practices are all covered in the Competition and Consumer Act 2010 and enforced by the ACCC. heaps of cases to use here. McPherson's Limited -v- Eaton & Ors [2005] NSWCA 435 is a good product liability one to prove that businesses are forced to comply with the law.
hope this helps ;D atb tomorrow
Hey guys I found a tricky multiple choice Q:
Which of the following people is most likely to receive legal aid?
A) An accused with no prior offences who is pleading not guilty
B) A young offender who is pleading not guilty
C) An accused person with prior offences who is pleading guilty
D) An accused person with a mental illness
This doesn't have an answer sheet with it so i was wondering if I could have some help here. I think that the answer would be D. Legal aid has 3 tests, being a means, merit and jurisdiction; Can the person pay, can we win, is it in our jurisdiction is a simple way to know what these tests entail. Since D has a mental illness, they would be more likely to gain an acquittal, and I don't think the accused's intention to plead guilty has any bearing on legal aid. For that reason, I'd say D. However, it is pretty tricky and I don't have an answers sheet so if anyone could confirm that would help a lot!
Hey,
For a straight conduct of hostilities question for WO, is it best to mention R2P as well? Sort of talk about how limitations of the Geneva convention and the barrier of state sovereignty led to R2P?
Any advice would be much appreciated :0
Most successful/famous UNSC resolution in response to Libya??
Does anyone have predictions for shelter and family?
Any ideas about to write for a Crime question on the adversary system? It's one of the aspects of the syllabus that haven't really been questioned. All I can think of is a 'pros' and 'cons' kind of discussion but that doesn't seem good enough.
thanks in advance :)
how would you write an essay about compliance and non-compliance in relation to family laws? we literally never learnt about that topic point in class, so i'm super confused.
for a reflection of changing values and ethical standards in regard to consumers question..
would i be able to include implying terms into contracts for the 'weaker party' and superior bargaining power or is this irrelevant?! ???
any predictions for the world order essay?
Is the Australian Human Rights Commission a non-legal mechanism?
Is the Australian Human Rights Commission a non-legal mechanism?
I'd frame it as a balancing rights essay, with a paragraph each on victims, offenders and society and how their rights are protected by the adversarial process. You can discuss things like juries, rules for admissible evidence, special victims rights provisions, etc etc :)
Law reform :)
any predictions for the world order essay?i am thinking something to with contemporary issues of regional and global situations that threaten peace and security: nuclear threat linked with international law or i hope something to do with compliance because you can link that really well with legal and non legal responses
Was this a typo thinking the question was asking about crime instead of world order, or do you really think law reform could come up in world order :o (pls be the former)
Not a typo unfortunately, law reform is a theme and challenge for world order like all the areas of the syllabus so it is a definite possibility!! It's my bet it will appear somewhere this year :)
how does the fair work act 2009 and the fair work regulations 2009 differ?
this is prob a dumb question...
i know one is a statue but what exactly is the other? or it it just under the act.... ::) ???
TIA :D
The Fair Work Regulations 2009 (Cth) set out how the Fair Work Act 2009 (Cth) is applied or how certain words are defined.
Hey everyone, what legislation does legal representation fall under?
Any ideas of what to focus on for the Human Rights ext. response?
any chance that the world order question involves compliance and non-compliance since it hasn't been asked??
Hey everyone, what legislation does legal representation fall under?
Yep, pretty much anything can be linked to changing values. Society values _________, which is reflected in laws X, Y and Z. Almost definitely you can tie this in :)awesome, thanks for that...
hey...I thought it was a non-legal measure. But I am subject to correction! ;)
is an ombudsman a legal or non-legal measure!?
thanks.
Hey everyone, what legislation does legal representation fall under?
Korrasmi legal representation is a limited right under common law as stated in Dietrich v The Queen (1992) which established the premise that people have a right to legal aid if injustices occur.
if an essay is on the effectiveness of legal and non legal responses do you need to focus on legal/non legal responses equally?
Is it okay to always refer to BOCSAR by this abbreviation rather than its proper name?You could write out the full name once and write (BOCSAR) next to it, then keep using BOCSAR throughout ;)
Full Defence -> Full acquittal. Applies to Mental illness, necessity and self-defence.
Partial -> Charge reduced to manslaughter. Arises from provocation or diminished responsibility
You could write out the full name once and write (BOCSAR) next to it, then keep using BOCSAR throughout ;)
Thank you! :D
Does anyone know the difference between a Court Attendance Notice and a Summons? Or are they the same thing? The syllabus only has 'summons' and not CAN but I've seen it pop up a few times! Thank you :)
Is it okay to always refer to BOCSAR by this abbreviation rather than its proper name?
hi, i just wanted to know is bail granted/refused at the commital hearing, or if not then, when and how? thanks
I thought it was a non-legal measure. But I am subject to correction! ;)thanks justin....
Hey everyone, what legislation does legal representation fall under?
Hey guys I was wondering if resolutions and the impositions of sanctions by the UNSC could be considered reform? I want to talk about it in terms of the Iran nuclear deal
Thanks:)
hey...
is an ombudsman a legal or non-legal measure!?
thanks.
Hey Guys!!
Does anyone know 2 other points I could use for a crime essay about issues of compliance/non-compliance??
All I can think of is bail laws and the compliance of offenders in terms of breaching 'conditions'!!
tks
hey guys, just making sure, is the use of soft-force in international affairs a non-legal mechanism in achieving world order?? thanks :)
Hey guys another question- how could the development of R2P be seen as part of law reform for world order? Thanks!
Anyone got a guide as to how many Laws/Cases/Media should be included per paragraph? I've got ranging from 1-2 to up to 5 per paragraph. Planning on doing 4 paragraphs + Intro/Conclusion for my Crime, Family and Shelter essay.
Cheers, Wales
Just wondering if we got crime prevention for the essay. Would we be able to stretch it and talk about deterrence at all? If so, do you reckon deterrence falls under situational or social?I'd say it's situational crime prevention because it prevents the offender from indulging in anti-social behaviour (for example).
What could be the body paragraphs here aaaah
For a broad question (for any topic) which say would be "effectiveness of law reform regarding contemp issues" - do we have to discuss all the contemp issues??
Any ideas of what to focus on for the Human Rights ext. response?
Hey guys I was wondering if resolutions and the impositions of sanctions by the UNSC could be considered reform? I want to talk about it in terms of the Iran nuclear deal
Thanks:)
hey guys, just making sure, is the use of soft-force in international affairs a non-legal mechanism in achieving world order?? thanks :)
Hey Guys!!
Does anyone know 2 other points I could use for a crime essay about issues of compliance/non-compliance??
All I can think of is bail laws and the compliance of offenders in terms of breaching 'conditions'!!
tks
Hey guys another question- how could the development of R2P be seen as part of law reform for world order? Thanks!
12 Daniel, a 14-year-old, is convicted of a public order offence. This is his first recorded
conviction.
Which of the following is the most likely penalty for Daniel?
(A) Caution
(B) Warning
(C) Probation
(D) Community service
Does anyone else feel as though this is a really controversial question? The answer is D according to BOSTES. However, there are 2 types of public order offences; Swearing in public would be a lower order public order offender, which would result in a caution. But then there is also the more serious ones such as an affray. The question doesn't really specify what type of public order offence he has commit, so how are we supposed to know it's D? I guess the textbook only really goes into detail of an affray and a riot, so are we supposed to just assume it's been one of those?
EDIT
2 Who decides a question of law in a criminal case in the NSW Supreme Court?
(A) The jury
(B) The judge
(C) The defence
(D) The prosecutor
Umm okay now im starting to freak out. How is the answer B? I thought jurys were present in the Supreme Court, and the question of law that they are answering is whether the case has been proven 'beyond reasonable doubt'
hi, i just wanted to know is bail granted/refused at the commital hearing, or if not then, when and how? thanks
if an essay is on the effectiveness of legal and non legal responses do you need to focus on legal/non legal responses equally?
Anyone got a guide as to how many Laws/Cases/Media should be included per paragraph? I've got ranging from 1-2 to up to 5 per paragraph. Planning on doing 4 paragraphs + Intro/Conclusion for my Crime, Family and Shelter essay.
Cheers, Wales
Just wondering if we got crime prevention for the essay. Would we be able to stretch it and talk about deterrence at all? If so, do you reckon deterrence falls under situational or social?
what points could you do for a world order essay on law reform?
I'd have to assume since the question says he's already been convicted, the only answer can be D as it is a penalty(?). Might want someone else to clarify.
I don't know the answer to your 2nd question. I have always just accepted it to be the judge haha
12 Daniel, a 14-year-old, is convicted of a public order offence. This is his first recorded
conviction.
Which of the following is the most likely penalty for Daniel?
(A) Caution
(B) Warning
(C) Probation
(D) Community service
Does anyone else feel as though this is a really controversial question? The answer is D according to BOSTES. However, there are 2 types of public order offences; Swearing in public would be a lower order public order offender, which would result in a caution. But then there is also the more serious ones such as an affray. The question doesn't really specify what type of public order offence he has commit, so how are we supposed to know it's D? I guess the textbook only really goes into detail of an affray and a riot, so are we supposed to just assume it's been one of those?
EDIT
2 Who decides a question of law in a criminal case in the NSW Supreme Court?
(A) The jury
(B) The judge
(C) The defence
(D) The prosecutor
Umm okay now im starting to freak out. How is the answer B? I thought jurys were present in the Supreme Court, and the question of law that they are answering is whether the case has been proven 'beyond reasonable doubt'
So Jamon, could this be an okay structure for World Order?
- introduction of the un charter
- unsc resolutions
- state soveringty’s impact on limiting the effectiveness of reform
Anyone got a guide as to how many Laws/Cases/Media should be included per paragraph? I've got ranging from 1-2 to up to 5 per paragraph. Planning on doing 4 paragraphs + Intro/Conclusion for my Crime, Family and Shelter essay.
Cheers, Wales
How would you show the marker you are addressing compliance and non-compliance? Do you constantly use the words "comply" and "does not comply", etc?
hey
i was wondering can compliance and cooperaiton be used interchnageablely in legal studies
thanks :)
hi guys - im doing a law reform essay and was wondering if you could please quicky explain to me the reform surroudnign one punch and bail as i have confused myself beyond beleif lmao as so much has happened ive lost track and become confused =/Hey,
thank you sooo much! :)
hi guys - im doing a law reform essay and was wondering if you could please quicky explain to me the reform surroudnign one punch and bail as i have confused myself beyond beleif lmao as so much has happened ive lost track and become confused =/One punch laws:
thank you sooo much! :)
One punch laws:
Stemmed on from mandatory sentencing, where judges discretion is limited --> The amendments to the Crimes (Sentencing Procedure) Act 2014 added minimum mandatory sentence of 8 years and a maximum sentence of 25 years for offenders that were intoxicated in public, leading to violence. --> use R v Loveridge
Bail:
Bail Act 1978 was criticised for undermining the 'presumption of innocence' which then lead to various amendments coming to the Bail Act 2013, which shifted views on the presumption of innocence to 'show cause', this was in response to the letting off of sexual offenders such as Man Monis which held the Sydney siege 6 days after being granted bail.
WORKPLACE IS THE BIGGEST STRUGGLE :'( :'( :'(someone else does workplace... wow!! good to hear ;) its a very dry topic ???
Does anyone have any cases for Safety?? Because if so, please please share I will be eternally grateful.
And also, is it enough to brush up on the contemporary issues, and then have like a general understanding of the themes??
Hey everyone! Let's get a final run-down on what you think is gonna be the questions for the essays!!
Crime: Either law reform or criminal trial process, but I'm heading towards law reform.
Family: Compliance and non-compliance as general question and the contemporary issue could either be care and protection or changing nature of parental responsibility.
Consumers: Compliance and non-compliance and technology or product certification as contemporary issue.
hey guysUnder the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008, same sex couples can adopt a child. In relation to surrogacy, religiously, it provides outlets for same-sex couples to have children which can be against Christian lobby groups such as The Australian Christian Lobby group. Don't know if this answers your question though?
i was wondering if you could please help me understand what's with same sex couples relating to adoption and surrogacy. im so confused with whats with the two like the law etc on them
thank you very mcuh :))
I’ll try seperate what I actually think from wishful thinking hahahaha
Crime: Criminal Trial Process, Law Reform, Sentencing and Punishment
World Order: compliance and non compliance, one of the contemporary issues other than R2P, Australia’s involvement in world order
Family: compliance and non compliance, care and protection, changing nature of parental responsibility, adoption
someone else does workplace... wow!! good to hear ;) its a very dry topic ???
Paris v Stepney Borough Council [1951] AC 367 is a case for safety although it is VERY old!!<< it was a case where an employee, because of a lack of safety was left almost completely blinded...
Scholem v NSW Department of Health [1992] is a case where the plaintiff was exposed to smoke during her time at work and went on to cause a series of asthmatic health problems..
as for your other question- i hope so, cause that is basically what i'm doing (although i hardly know safety and struggle on termination of employment;))
hope this helps
good luck in the exam tomorrow
~BK~
Hi! I just realised I have missed this question "assess the roles of alternative methods of sentencing" from the syllabus!! What exactly is this and what would I need to talk about? Thank you!
OH MY GOODNESS BLESS YOUR ANGELIC SOUL!!!!! <3thanks for that, for some reason i could only get on to it and i couldnt log in ???
I feel your pain honestly... I've shared a google document with my class, would you like to check it out?
Hi! I just realised I have missed this question "assess the roles of alternative methods of sentencing" from the syllabus!! What exactly is this and what would I need to talk about? Thank you!
hey guys
can domestic violence be used as law reform for crime?
thanks :)
GOOD LUCK TOMORROW
thanks for that, for some reason i could only get on to it and i couldnt log in ???
but it all looks pretty amazing so far... only thing i did notice is remember that the workplace health and safety act 2011 replaced the occupational health and safety act 2000 <i think i noticed that you had talked about OHS somewhere, i may be wrong tho ;)>
thanks for that, for some reason i could only get on to it and i couldnt log in ???
but it all looks pretty amazing so far... only thing i did notice is remember that the workplace health and safety act 2011 replaced the occupational health and safety act 2000 <i think i noticed that you had talked about OHS somewhere, i may be wrong tho ;)>
WOOOHOOO! Good luck and good night everyone. I'll be on tomorrow to put the answers to the paper up and to chat about the exam :)thanks so much for all your help elyse...
Hey, so I guess it means to discuss the regular (court) method of sentencing as well as circle sentencing and restorative justice and talk about whether you think one is more effective than the other, when each method is used and why, etc. Hope that helps a little? :)
I honestly have 15-25+ LCMID per essay planned and am trying to memorise it all, Ive done pretty well but there’s still a few I can’t remember because of course it’s heaps of stuff but it’s freakin me a little ahh!!
Should I try focus on really memorising the predicted things, and then a little less for others? Or equal for everything
hey guys
i was wondering - does sanction sfall under the use of force or persuation?
lol im sooo confused
thank you
Hey
For world order, what are some good points/arguments to make about rules regarding hostilities or international humanitarian law?
Kinda stumped on this one with legislation or treaties other than Hague/Geneva C.
can trade unions be used as a non-legal measure to force companies to comply with the law? ???
prediction for shelter?
I honestly have 15-25+ LCMID per essay planned and am trying to memorise it all, Ive done pretty well but there’s still a few I can’t remember because of course it’s heaps of stuff but it’s freakin me a little ahh!!
Should I try focus on really memorising the predicted things, and then a little less for others? Or equal for everything
Hi guys! For the Option topics (I'm doing Workplace and Family), do they always have at least one of the questions related to the contemporary issues?
Hey everyone,
are transnational crimes usually heard in the Supreme Court? Or are they only heard there if they're serious? Thank you ;D
Only if serious, but usually they are since a lot of transnational crimes are quite serious offences (I'm sure there are exceptions, but I'm not sure what they would be specifically) ;DSweet, thanks Jamon! :D
hey guys
i was wondering - if for any of the essays questions if they give us a quote do we have to quote it once or twice into our essay or take elements of the quote to use during our essays or how? I'm seeing it a lot and idk how to ensure i adequately answer it
i have an example of what i mean attached
thanks :)
what are some examples for law reform in crime, I have bail and SNPP but I don't know what else to add
I had to do this in my HSC exam without ever dealing with a quote in Legal before! I ended up paraphrasing it into my introduction and conclusions, and then throughout the response (topic sentences and conclusions usually) as I felt necessary. For this one, very easy to paraphrase the "injustice for victims bit" into your arguments, for example, putting quotes around it to make it clear what you are doing ;D
I had to do this in my HSC exam without ever dealing with a quote in Legal before! I ended up paraphrasing it into my introduction and conclusions, and then throughout the response (topic sentences and conclusions usually) as I felt necessary. For this one, very easy to paraphrase the "injustice for victims bit" into your arguments, for example, putting quotes around it to make it clear what you are doing ;Dtthank you so much!
- Amendments to LEPRA to give police increased powers (particularly with regard to terrorism)
- One punch and lockout laws in response to R v Loveridge
- Amendments to the Jury Act to allow majority verdicts
Are a few additional ideas ;D
Does it matter if media articles are made up? Will the markers notice?
Does it matter if media articles are made up? Will the markers notice?
What's a good criminal investigation process law reform to talk about? I was thinking police powers but I don't know the exact name of the amendment.
For short answer "assess the effectiveness questions" are you able to argue something was of moderate effectiveness, or does it have to a wholly on either good or badOf course you can.
Is the Australian Law reform committee a non legal response?It's a form of soft law, so it's not legally binding.
In the Gordon Wood case, what would constitute as actus reus and mens rea if the cause of the victim's death is still somewhat ambiguous?
imo actus reus would be any action of Gordon Wood that directly resulted in the death of Caroline Byrne, whether it be physically pushing or otherwise. As the initial conviction was for murder, the standard of mens rea would be that of the higher degree detailed in s18(1) of the Crimes Act 1900 which is with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm. One would also have to consider in a case like this where there was no eyewitness, the causation between Gordon Wood's actions and the death of Caroline Byrne to prove actus reus. Hope this helped
Hey you know how the syllabus is changing for english maths and science, legal will stay the same right? Because like business and legal were changed in 2012 so they wouldn't change it now? I really hope yes as my notes were so extensive and I don't want them to be redundant for further years. Thanks!! :)
Hi, I recently entered year 12 and I have an exam for Legal Studies in 2 weeks I wrote a pre-written essay and was wondering to hopefully get it marked out of 15. All feedback is welcomed, have a lovely day.
Hey,
I have an essay for the Legal crime assessment on Tuesday and I was wondering if you could take a look and possibly give me some feedback based on the start that I've made to my inefficiency paragraph? I don't know what the question will be, but I've written this based on "Evaluate the effectiveness of the criminal investigation system at achieving justice". Also, my word count is a bit high, so if there's anything that is redundant or I could cut then please tell me. Thanks :)
Sure!
The inefficiency of society's unhealthy reliance on forensic technology renders the Criminal Investigation Process as ineffective. Saying 'unhealthy' in this context is a bit of a colloquialism, so you can probably ditch that bit. Outlining the standards of DNA collection, the Crimes (Forensic Procedures) Act 2000 (NSW) was passed to ensure forensic evidence is ethically obtained and free from interference. Good. However, in R v Jama (2008), Jama was wrongfully convicted for rape due to "CSI" effect, where jurors are, “seduced” (SMH 2014) by DNA due to their misconceived notions of it being a foolproof mechanism. Despite compelling evidence corroborating Jama’s alibi being elsewhere at time of the attack, the jury’s reach of a guilty verdict solely on the basis of DNA profiling emphasises the way in which the prosecution tactfully allows this “CSI effect” to cloud their genuine judgement by drawing their focus on the existence of the match, rather than the possibility of contamination. I think this is a tiny bit too long to be delving into the specifics of a single case - You don't need to lay out how the CSI effect played out in this case if you don't want to. You can be quicker and punchier - The audience can garner how the effect would have impacted the verdict themselves, so you can focus on evaluative judgements ("Thus showing the ineffectiveness of...") and introducing additional evidence :)
What is the difference between the term 'life imprisonment' and 'imprisonment for life'? Or do they mean the same thing?
I'm not sure if I heard wrong, but Elyse mentioned in her latest lecture something about two terms (something like 'life imprisonment' and 'imprisonment for life') that sound similar but do not actually mean the same thing?
I'm not sure if I heard wrong, but Elyse mentioned in her latest lecture something about two terms (something like 'life imprisonment' and 'imprisonment for life') that sound similar but do not actually mean the same thing?Hey there! 'Life imprisonment' refers to a 25 year sentence, and I think the other term that you're referring to might be 'natural life imprisonment' - this means that the sentence applies for the rest of the offender's life :)
I'm not sure if I heard wrong, but Elyse mentioned in her latest lecture something about two terms (something like 'life imprisonment' and 'imprisonment for life') that sound similar but do not actually mean the same thing?
Does NSWPD stand for New South Wales Police Department? Because it's in the Course Notes but I'm not entirely sure what it meansHey Millie, can you give me the sentence where you found NSWPD for some context? I think it might stand for NSW Parlimantary Debates, but I just want to make sure :)
Does NSWPD stand for New South Wales Police Department? Because it's in the Course Notes but I'm not entirely sure what it means
Hello! I'm currently studying human rights in class, we've only had one lesson, but any tips you would personally recommend for this specific topic in terms of cases, essays or legislation?
Hello! I'm currently studying human rights in class, we've only had one lesson, but any tips you would personally recommend for this specific topic in terms of cases, essays or legislation?
Hello! I'm currently studying human rights in class, we've only had one lesson, but any tips you would personally recommend for this specific topic in terms of cases, essays or legislation?
Hey Nadim! I could say lots, but I'll stick to something I think is the most important. You study the Nature and Development of Human Rights early on - slavery, trade unionism, education, etc. Make sure you understand all of these equally well. It's not a "pick your favourite" because the exam could examine you on any one of them! So make sure you give them all equal attention, which I'm sure your text book does, as you learn them. This way you're not putting all of your energy into slavery, and then ignoring environmental rights - which could potentially be what you're examined on solely for a short answer!
Hello, sorry to ask a question again :) but we just received our assessment for human rights and for my extended response I’m focusing on the topic of discrimination against women and we have to evaluate the effectiveness of it with legal and non-legal responses. I’m thinking I should focus on the Middle East since women tend to be discriminated there. Do you have any advice for this or recommendations because I’m a bit stuck on the legislation and what legal and non-legal responses would go with it. Thanks so much
I'm new here, nice to meet you all :)) Looks like several people are doing human rights and extended responses so that makes my question pretty familiar :D For our human rights task (which is pretty much the same as Nadim's one with legal and non-legal responses, and we can look at any country, but choose one case and base it around that) I am looking at arbitrary detention and I do have a small idea of what it is, but I need some clarification and also I'm kinda stuck on what cases to look at plus like the legislation and legal responses. I read an article about journalists in Sudan who are being held in detention, but I feel like there are better cases, but my teacher wants it to be recent so yeah ;D :) :) :)
Hey,
I'm writing a response to this crime question given by my teacher: Assess the effectiveness of the criminal trial process as a means of achieving justice and wanted to talk about the role of juries. Is it right to say that the fact that they were selected at random from the electoral role, creates an unbiased trial, which ensures procedural fairness and natural justice?
Thank you!
hi!
i reckon you're right :-) in saying that, it might be worth looking into cases of jury misconduct. you can then argue that although the jury system does try to achieve justice, there have been times where this isn't the case. remember, everything is partially effective; not everything works out perfectly.
hope this helps!
Hey, I've been struggling to discern between crimes against the international community and transnational crimes, in terms of categorising certain offences. Like I completely understand their definitions, but I feel like so many aspects of each overlap with the other to a point where distinction can become a tad ambigious? For example, the case of David Hicks, where he was accused of involvement in military operations for Al Qaeda overseas and detained in Guantanamo Bay, what would that fall into? I thought it would be transnational because of how multifaceted it is in terms of crossing international borders, but it also seems to fit a crimes against the international community definition as he was charged with war crimes, you know what I mean? Really hope someone can clarify or add some input to this, thankyou!! X
Hey!
My understanding is that transnational crimes are offences that involve 2 or more jurisdictions. They initially take place within one country but have international law consequences in the other country. The offenders will be prosecuted under the domestic law of that country's jurisdiction. For example, in R v Wei Tang 2008 she was charged with slavery in Australia but it then became a transnational crime when discovered the prostitutes she gathered were from Thailand.
However, crimes against the international community are crimes committed by individuals and states which are seen as wrong by the international community. Crimes against the international community include war crimes, crimes against humanity, genocide and crimes of aggression (since 2017). For example, Thomas Lubanga Dylio was convicted for war crimes and crimes against humanity for using children under the age of 15 as soldiers.
Hopefully that helped some how :)
For example, the case of David Hicks, where he was accused of involvement in military operations for Al Qaeda overseas and detained in Guantanamo Bay, what would that fall into? I thought it would be transnational because of how multifaceted it is in terms of crossing international borders, but it also seems to fit a crimes against the international community definition as he was charged with war crimes, you know what I mean? Really hope someone can clarify or add some input to this, thankyou!! X
Hey!
I'm kinda new to this so i'm not sure if this question has been asked, but in terms of LCM's, should i be trying to find one for each syllabus dot point? Or is that too excessive? I am not too sure with how to gather cases as new ones keep popping up and my teacher is always saying that the more recent it is, the better! But then again, i want to try and find all the cases now so i don't have to do it later on in the year, but then what happens if my cases are outdated compared to my peer's cases. omg im too confused about this hahaha and i don't know what im doing! Also, i am so glad that the ATAR notes text book came with cases that links with many syllabus dot points! Elyse you are a blessing, that text book is my holy grail in class and i am so thankful for it!
Thank You!
Aneesha xx
Hi! No worries about being new - you'll get sucked into the deep, dark hole that is AN soon enough. ;)
As for your LCMs, 1 for each syllabus dot point is pretty good. :-) Personally, I tried to have 4-5 for each "section" of the syllabus, so say for the Criminal Trial Process, I tried to cover everything I could write about in an essay with an LCM. If you're having trouble keeping up with new cases, just stick with media articles for those - titles are easier to remember, and you can make up a few things if you really need to, hahah. As long as you have evidence backing up your points, you're good; the cases don't have to be updated to today, or something like that. Looking for cases can be something you do to break up your study. :-)
All the best for Legal (it really is an amazing subject), and the rest of your HSC,
fantasticbeasts
Hi there!
In relations to human rights what's an example of an international statutory authority (found under part 2, promoting and enforcing human rights)? The textbook was kinda confusing :o
Thank you :))
It's a body that is set up by (and usually oversees compliance of) an international agreement, essentially! It's a bit of a silly name because it's not statutes they are enforcing, but that's the syllabus at times, a little silly ;)
Easy example - The Human Rights Committee! :)
Thanks for the help so far, it’s amazing :) another question has come up! What would you say are the legal and non-legal responses to arbitrary detention?
Thanks
Hello! I have a question, I'm not too sure if it's already been asked yet!Hey,
I'm currently studying preliminary legal studies, and the question I can't seem to understand is:
What is the difference between the division of powers and the seperation of powers?
Thanks again! Appreciate it! 8)
Hello! I have a question, I'm not too sure if it's already been asked yet!
I'm currently studying preliminary legal studies, and the question I can't seem to understand is:
What is the difference between the division of powers and the seperation of powers?
Thanks again! Appreciate it! 8)
Hey!!
I have been doing some general essay plans for our option of 'World Order' and been flipping the plans to fit the themes and challenges.
How do you think I could flip an essay plan for "The impact of changing values and ethical standards on world order"
Thanks :)
Hey Emily! The answer is, with immense difficulty, ahaha :P this would be a rotten essay question. Personally I'd be shifting the focus to contemporary issues - For example, the idea of "Responsibility to Protect" is a 'changing value' you could link to, as it hasn't been around/prevalent for that long. Ethical standards, perhaps, could be linked to contemporary scenarios that also involve human rights issues.
Clutching at straws, because this question would suck - It doesn't suit the World Order syllabus or how it is taught, and for this reason I doubt they'd ever ask it :)
Would love more input here!! If you've written an essay on a question similar to this for World Order, would love to hear which syllabus aspects you tied it too ;D
Hey!
4 days later and I have seemed to pull an essay plan together. If you were curious I linked this to issues and events such as:
* Responsibility to Protect
* Establishment of the United Nations
* Establishment of the International Criminal Court
* Current issues in Syria
* Geneva and Hague Conventions
* Nuclear Proliferation Treaty
* Current issues in North Korea
Hi all - a little unrelated to legal content but in terms of marks:
My half yearly legal assessment (25% weighting) just finished about 2 hours ago and I completely screwed it up , I feel terrible. It was out of 55 and I basically didn't even attempt the crime essay (15 marks, I only wrote barely one paragraph with no sources), I ran out of time and it was just such a mess because I hadn't prepared for the crime question - it was on reforms. The whole exam was out of 55 and assuming (hopefully) that I got around 35/55, I was wondering if anyone had tips on how I could bounce back. I feel like my rank has just dropped to last and I'm aiming for a 95+ atar, meaning that I'll need a band 6 or a really high band 5 for my final total mark. Is this still achievable? :/
Hello guys,
I am having a lot of trouble with writing legal essays. My marks for my previous essays have not been looking too good, and I am in need of guidance on how to structure and write them.
Also, can you please give me some tips on effective studying for my half yearlies for legal? I want to do really well in my half yearlies so I can get a chance at getting a Band 6.
Hii, I was just wondering, for the first section of Human Rights which is about the developing recognition of the different types of rights, how much information do we really need to know? Some of the notes I look at seem to give paragraphs and paragraphs of history (like the abolition of slavery dating back one thousand years up till now). Also, how many legislations would be ideal to remember per each of these dot points (abolotion of slavery, trade unionism, etc..)? Because I'm scared of questions like "Explain the role of law reform in the abolition of slavery" and stuff like that smh.
Thank You!! :)
Hey!
You definitely don't need to know the entire history of each. At the beginning of the year, I only had two longish paragraphs for each developing right, and narrowed it down to one paragraph by the HSC. You really don't need a ton of information, just enough to make up 5ish marks. I had two pieces of legislation for each of the dot points, but you'll do with just the UN Declaration for that specific right.
All the best :-)
Hi guys!
How much evidence (LCMID) should we have for each body paragraph?
Hi guys!
How much evidence (LCMID) should we have for each body paragraph?
Can law reform occur through common law? Does the creation of new precedents count as it alters how other cases are viewed?
Hi Guys!
If i'm arguing that ADVO's are "extremely effective" and i use lcmid to back this up, do i need to also mention negatives for a more balanced argument? I haven't done this and i've already reached the word limit :(
Also, what is your opinion on parental order under the Family Law act? I'm struggling to decide wether it's effective or not in protecting DV and FV victims and its intersection with ADVO's.
Thanks!
Hey, would the case of Lubanga be relevant to international crime? Because I keep feeling as though my responses to international crime are too borderline human rights, but they're both so pertinent to eachother that it's kinda hard to find a strict distinction between the two? Also, when talking about international crime, does it HAVE to be in relation to Australia? Like, if I was talking about the Skripal poisonings, would that be okay?
Hey, would the case of Lubanga be relevant to international crime? Because I keep feeling as though my responses to international crime are too borderline human rights, but they're both so pertinent to eachother that it's kinda hard to find a strict distinction between the two? Also, when talking about international crime, does it HAVE to be in relation to Australia? Like, if I was talking about the Skripal poisonings, would that be okay?
Hey! You know how when we use an acronym in our legal essays, usually we write out the entire thing first and then put in in brackets, and THEN proceed to using the acronym in brackets from thereon? (Like, Criminal Justice System (CJS)) For really obvious things such as SMH and BOCSAR, is that really necessary? Idk I feel like I'm wasting time hahaha
Hey! You know how when we use an acronym in our legal essays, usually we write out the entire thing first and then put in in brackets, and THEN proceed to using the acronym in brackets from thereon? (Like, Criminal Justice System (CJS)) For really obvious things such as SMH and BOCSAR, is that really necessary? Idk I feel like I'm wasting time hahaha
Tomorrow's my legal Human Rights exam and I guess I should have studied earlier. But anyway, how much are we expected to know for all of the international and domestic responses to evaluate their effectiveness in promoting and enforcing human rights? It all feels like too much to learn in one day :((.
Hiiii
This probably won't come through in time but...oh well!
See you later (& thanks for the sympathetic & caring & genius community ATAR Notes! Loving the newsletters!)
The way I see multiple choice for Legal is that, unlike essays made of pre-prepared LCMs and course theory, they are cross-sections of all the specific details in the Crime syllabus. What I like to do is after every practice multiple choice, I see what I get wrong and check my notes on the relevant syllabus section as that is presumably, one of my weaker points. After doing a few multiple choice practice runs and subsequent review of mistakes, you can probably raise your accuracy significantly.
Hey I was just wondering your opinions on tackling this practice question?
To what extent is law reform regarding same-sex relationships a reflection of changing values?
I'm thinking heavily discussing the media's response and also NGOs as there was the recent legalisation of same-sex marriage.
Thanks, T.
Hi!
What would be the domestic and international measures used when dealing with Genocide, Crimes against Humanity, and War Crimes, as part of Crimes against the International Community?
Thank you!
Hi!
What would be the domestic and international measures used when dealing with Genocide, Crimes against Humanity, and War Crimes, as part of Crimes against the International Community?
Thank you!
Hey! I like your approach, the recent reform around SSM should definitely get a huge amount of time as it is super contemporary and super relevant to the question. Same sex relationships have a long history of reform, so you should have no shortage of things to discuss. Great you want to discuss Media/NGO's, but make sure you get just as much legal as non-legal. And link to changing values all the way! ;D
Thanks so much! However, this practice question is actually the focus of my assessment for family and the rest of the class is doing the exact question which means they’ll have the same data. What do you think I can do to differentiate myself from the others in terms of my essay?
Sorry for the questions but thank you :)
"The process commonly used with juveniles, involving a conference attended by the offender, the victim and other supporters is known as
(A) Plea bargaining
(B) Circle sentencing
(C) Restorative justice
(D) Alternative dispute resolution"
This multiple choice question was in my half yearlies and I had put down D as my answer, but C turned out as the correct answer. When I approached my teacher about it and told him that I had thought it'd been D, he said that if I could prove that it was D he would give me the mark. Can someone/some of you give me reasons as to why it could also be D so that I could be given a mark? Thank you!
"The process commonly used with juveniles, involving a conference attended by the offender, the victim and other supporters is known as
(A) Plea bargaining
(B) Circle sentencing
(C) Restorative justice
(D) Alternative dispute resolution"
This multiple choice question was in my half yearlies and I had put down D as my answer, but C turned out as the correct answer. When I approached my teacher about it and told him that I had thought it'd been D, he said that if I could prove that it was D he would give me the mark. Can someone/some of you give me reasons as to why it could also be D so that I could be given a mark? Thank you!
Hey,
I was reading that anyone who commits murder is liable to a penalty of imprisonment for life (as the maximum penalty for murder). Can a judge impose a penalty other than imprisonment such as home detention for the crime of murder if believed to be appropriate.
Doesn't a maximum penalty just mean that a judge can't impose a sentence higher than the 'maximum penalty'. Meaning, he/ she can choose any other penalty of a lower severity than the maximum penalty if deemed appropriate (at their discretion)? As long as it just doesn't exceed the legislated maximum penalty.
Am I correct??
Second thing, I was reading an evaluation on fines that said "Fines are biased against those people who have a low income as they do not take into account the offender’s ability to pay the fine". Isn't that reputable, as the person can appeal the penalty (fine imposed) and a re sentence after informing the court of their low income and thus incapability to pay the fine. At this stage, can't the judge use their discretion to create amends and impose a more fair sentence that is in line with the person's financial capabilities (e.g lower the fine)?
Thanks
Hi! :)
What is meant by question/ point of law? - was a past multiple choice :)
What is meant by question of fact?
Difference between the two??
Thanks!
Hey guys, I have a question.
In my legal studies exam there was a multiple choice:
The Universal Declaration of Human Rights is an example of:
a) A statute
b) A treaty
c) Common law
d) Customary law / jus cogens
I chose B but got it incorrect. I would've gotten 100% if it wasn't for this one multiple choice so I was kinda annoyed lol.
Could someone please explain why d) is correct and b) is not? : (
Thank you!!
Hi Jamon :) Thanks for the reply
So only jurors question fact, not a judge. Judges explain point of law to the jury.
What can jurors question and not question in trial? I know they can question witnesses. Can they question arguments (presented by either the prosecution or defence) and other evidence presented, not just witnesses? These would all be question of fact, right??
Hey! Trick question (sort of), I definitely see why you picked B, I probably would have on first glance as well ;D
Process of elimination:
- Clearly not a statute, ditch A
- Clearly not common law, ditch C
Ditching these more 'domestic' legal terms, we are left with a treaty or customary law. It's in the name - Universal Declaration on Human Rights. A declaration isn't legally binding. A treaty is legally binding. UDHR is the former.
So the answer is D :)
I actually didn't know that a treaty was legally binding! The reason I chose Treaty was because in the 2015 HSC there was a multiple choice question "The International Covenant on Economic, Social and Cultural Rights is an example of which of the following?" and even though both 'Customary law' and 'a treaty' were in the options, 'a treaty' was the correct answer.
I don't understand the difference between the two, is it because the UDHR is a Declaration that it is considered Customary law instead of a treaty? And also, the ICESCR isn't legally binding but 'a treaty' was the correct answer. I'm actually really confused :(. Could you please explain it?
Yep, so covenant and treaty are essentially equivalent, but both are different from a declaration. Treaty/covenants are binding, declarations are not ;D
ICESCR is legally binding, but like, not in the same way that a domestic law would be. You rely on the signatory state to enforce the treaty, and if they don't, options are limited - But it is legally binding (in the sense that not following it is a violation of international law) :)
Anyone who does/is doing world order - would you mind providing insight into the way you structured a world order essay. Imagine the question is about legal and non legal responses. For example, how you framed your arguments, where you put your case studies in etc etc. Even better, if you could provide a sample paragraph/essay, that would be really really helpful !
Thank yiou
Hi there!
So I've got a couple of reasons/justifications to why D could also be the answer. Just check the following of what I'm about to mention, in case I made a mistake of interpreting the info etc. :
(1) Restorative justice in itself, focuses on the reconciliation between the offender and the victim by mediating an agreement
(2) https://www.theguardian.com/society/2014/sep/17/restorative-justice-young-offenders-crime AND http://crg.aic.gov.au/reports/strang/nsw.html
The websites show that restorative justice CAN be used for young offenders
(3) Quote from pg 89 of Cambridge 4th edition textbook HSC Legal Studies 'it has been suggested that restorative justice programs will continue to relate mainly to minor infringements or youth justice' -- shows that restorative justice programs are mainly used in youth justice
Hope that helps!! Best of luck :))
Hey guys, I have a question.
In my legal studies exam there was a multiple choice:
The Universal Declaration of Human Rights is an example of:
a) A statute
b) A treaty
c) Common law
d) Customary law / jus cogens
I chose B but got it incorrect. I would've gotten 100% if it wasn't for this one multiple choice so I was kinda annoyed lol.
Could someone please explain why d) is correct and b) is not? : (
Thank you!!
I think that it has to be C because alternative dispute resolution is generally associated with civil cases where there is no need to determine someone's guilt and innocence and there are other ways (such as grievance procedures or mediation) that can determine these things rather then going to court. For young offenders, the objective is to promote rehabilitation and educate the offender that their behaviour is wrong - hence why it is called restorative justice
Hi,Hey,
Year 11 Preliminary Legal Studies student here. I have an assessment task which is an essay. If anyone could help at all in any way shape or form, as I am currently clueless on what to do, that would be amazing! Here are the details of the task: Purpose- to examine the conditions leading to law reform, the processes which bring law reform about and the effectiveness of specific examples of law reform in achieving justice both for the individual and society. Essay Question: In relation to one law reform topic, evaluate the effectiveness of law reform/s, or current failure to reform, in achieving justice for individuals and society.
Thank you!
How should I answer something like this??
"Evaluate the effectiveness of legal and non-legal measures in dealing with the Care and Protection of children in Australia"
How should I answer something like this??
"Evaluate the effectiveness of legal and non-legal measures in dealing with the Care and Protection of children in Australia"
Hello! So i'm last minute writing an essay for tomorrow's WO essay. We've been given the question: "Evaluate the effectiveness of international institutions including courts and tribunals in maintaining world order."
My teacher vaguely suggested that we discuss 2 institutions/courts/tribunals or maybe 3 but that it might be a tight squeeze. I'm a bit confused since for family law we had 4 body paragraphs each with its own sub topic, and it seems like most legal studies essays have around 4 bodies? It's too late to ask him now though :/
I'm thinking of using UNSC (it's an int. institute right?), ICJ, ICC and ICTY. I will probably have overlapping arguments, since for many of them it's an issue of state sovereignty. Is that okay?
Last question, is it absolutely necessary to discuss recent cases or can i use older ones too?
Thanks!
Hello! So i'm last minute writing an essay for tomorrow's WO essay. We've been given the question: "Evaluate the effectiveness of international institutions including courts and tribunals in maintaining world order."
My teacher vaguely suggested that we discuss 2 institutions/courts/tribunals or maybe 3 but that it might be a tight squeeze. I'm a bit confused since for family law we had 4 body paragraphs each with its own sub topic, and it seems like most legal studies essays have around 4 bodies? It's too late to ask him now though :/
I'm thinking of using UNSC (it's an int. institute right?), ICJ, ICC and ICTY. I will probably have overlapping arguments, since for many of them it's an issue of state sovereignty. Is that okay?
Last question, is it absolutely necessary to discuss recent cases or can i use older ones too?
Thanks!
Hi,
Year 11 Preliminary Legal Studies student here. I have an assessment task which is an essay. If anyone could help at all in any way shape or form, as I am currently clueless on what to do, that would be amazing! Here are the details of the task: Purpose- to examine the conditions leading to law reform, the processes which bring law reform about and the effectiveness of specific examples of law reform in achieving justice both for the individual and society. Essay Question: In relation to one law reform topic, evaluate the effectiveness of law reform/s, or current failure to reform, in achieving justice for individuals and society.
Thank you!
Hey all, I have 4 legal questions I need help with answering. I've been very unwell and have missed a fair bit of school so any help is appreciated
Question 1- "Outline factors that affect sentencing decisions and evaluate the effectiveness of different types of penalties including alternative methods of sentencing"
Question 2- " Evaluate the effectiveness of the domestic and international legal systems in dealing with international crime"
Question 3 - "Evaluate the effectiveness of legal and non-legal responses in dealing with domestic violence"
Question 4-"Evaluate the extent to which law reform has achieved just outcomes for those in same-sex relationships"
Heyo
just wanted to clarify if saying 'lack of' is too colloquial for an essay.
Eg: The lack of domestic legislation is detrimental to the protection of indigenous rights......
:P
Hi there! I noticed that the other marking thread wasn't active so I am posting here :) I have just written an introduction to my world order essay, and was wondering what you think of it? The question is very weird (doesn't ask for effectiveness or evaluation etc). The question is
‘’Identify what World Order issues are and explain how Australia has responded to these issue within our legal contexts, involvement and actions within a national and international setting.’
Really don't have much to say about your intro Caleb, I think it is brilliant!! You've done a great job setting up your paragraphs and establishing a main idea - If the rest follows suit I think it will be a fantastic essay! :) the question is weird, I agree! Potentially you could have explored more of what the world order issues are in the intro, would be my only comment. But like, for any other essay, this would be perfect ;D
Is a senate committee a legal or non-legal measure??? Also, what about the Fair Work Ombudsman?
Hi! Senate committee I'd call a legal measure, as I'd say it is an element of the legislature ;D
I'd say the same for the FWO, since it is a statutory agency set up by the Fair Work Act ;D
Hi I need help with THIS URGENT ESSAY QUESTION HSC legal studies essay question:
With specific reference to contemporary issues (homelessness), analyse the barriers to achieving justice in the provision of shelter
im really confused and dont know what the barriers to achieving justice in the provision of shelter and does that include the barriers for homlessness. this is regarding to the previous question i had.
Thank you so much!!
Also is there a sample essay i can look to get a idea on analyse the barriers to achieving justice in the provision of shelter
So Jamon, (or any other legal moderator), I've constructed my first 2 paragraphs (topics) to follow the introduction I posted above, and I'm not sure if I've 'earnt' a response or marking from you guys, but a mere skim would be great help! I'm trying to address the question in a way that answers it with plenty of evidence, as it is primarily about Australia's responses to world order issues, but I don't want it to read like I'm just 'listing examples' or just recounting history. Anyways, I would love some thoughts on how it sounds/wording/content? I'm also, at this point, going to end up over the essay's word limit, so some ideas on what I could omit from the essay or nominalise on would be great :) Thanks :)
Hey! So it's a bit of a weird one hey - Normally I'd say this is a bit much like a historical recount. Despite the huge amount of evidence you aren't doing much with each. The thing is though that this question doesn't really want you to do much, it's really just presenting our response. Really strange question! :P
What I would potentially say is to adopt a less chronological approach to the evidence. Less "this happened then this happened," and more of "We do/did this and this was important because _______." Even just the shift away from doing it in order would be good I think, make it feel less recount-y.
I'd also adjust the evidence to incorporate more LCTMI - Laws, Cases, Treaties, Media, Instruments, all that sort of stuff. Right now it is a lot of organisations/initiatives and statistics, having some media in there would provide a nice balance. Take a look at the treaties Australia is a signatory for that support world order. That sort of stuff ;D
Awesome work though, definitely love the balance between legal and non-legal, you've clearly done your research! :)
So, I'm in a bit of a weird situation. I am several weeks ahead of my class in terms of notes and content, so in class would be just revision. But, we are either going on a huge tangent that is not helpful to the dot points for the HSC, or writing notes identical to ones I already have. So my question is, since I can't sit there memorising my notes during class, what should I so during my classes? Do you have tips for things I should read or do? Like find criticial articles or essays on related topics maybe? :'(
Hi, I'm really confused and unsure of the barriers to achieving justice in the provision of shelter in relating to homlessness. Can you tell me some barriers im really stuck also how would i introduce the points in a legal studies especially in this case how would i do that. AND for the introduction im not sure what to write to answer this question can you please help me, also what does it mean by analyse the barriers ... thanks
Hii,
Today I had my legal exam for family, and the essay question I had was something along the lines of “Assess the effectiveness of legal and non-legal responses in regards to dealing with problems in family relationships.”
I was wondering how bad of a mark one would get if they only spent one paragraph assessing non-legal responses? Because that’s what I did smh. Idk why I blanked out and completely forgot non-legal responses except those of domestic violence and same-sex relationship recognition, but I only wrote about domestic violence non-legal responses.
In terms of legal responses I had MANY for lots of different issues. I can already imagine my teacher saying how my lack of non-legal responses in comparison to legal responses was what limited my mark :/.
Hii,
Today I had my legal exam for family, and the essay question I had was something along the lines of “Assess the effectiveness of legal and non-legal responses in regards to dealing with problems in family relationships.”
I was wondering how bad of a mark one would get if they only spent one paragraph assessing non-legal responses? Because that’s what I did smh. Idk why I blanked out and completely forgot non-legal responses except those of domestic violence and same-sex relationship recognition, but I only wrote about domestic violence non-legal responses.
In terms of legal responses I had MANY for lots of different issues. I can already imagine my teacher saying how my lack of non-legal responses in comparison to legal responses was what limited my mark :/.
Im really confused and unsure how to write the introduction of this essay question: With specific reference to contemporary issues, analyse the barriers to achieving justice in the provision of shelter
I know the barriers: social housing, discrimination and housing affordability please tell me these are correct and if they are i know the barriers but i don't know how to write the introduction please help me! much appreciate it thank you atarnotes
My teacher always tries to reassure us that it's "legal" studies - not "non legal studies" haha. Joke aside, I honestly think that, as long as you present a nuanced judgement that is backed up with judicious evidence, you will be more than okay. I honestly don't think a single paragraph on non legal is even that bad - I did it for world order and got 25/25 so I think it really just depends on the writing itself :)
What's the best way to write legal studies notes? Hand-written or typed?
I know this is only a tiny thing but...
Is there a difference between plea bargaining and charge negotiation?
The textbook uses the terms interchangeably, however, they have both been options for a multiple choice question.
What's the best way to write legal studies notes? Hand-written or typed?
Hi!!
So I'm going through and doing all my family notes, and doing some essay scaffolds. How should I structure a law reform essay in terms of paragraph statements. I know I should put the 3 things I want to talk about in the introduction (I'm a fan of 3 body paragraphs), but for law reform, I feel like it's had to get 3 ideas. I'm working on a 'changing nature of parental responsibility' paragraph.
Should i just model each of my paragraphs for a time period? And then in each paragraph state what happened in this period that changed the law?
Sorry if this came out confusing!!!
Thank You
Hi!!
So I'm going through and doing all my family notes, and doing some essay scaffolds. How should I structure a law reform essay in terms of paragraph statements. I know I should put the 3 things I want to talk about in the introduction (I'm a fan of 3 body paragraphs), but for law reform, I feel like it's had to get 3 ideas. I'm working on a 'changing nature of parental responsibility' paragraph.
Should i just model each of my paragraphs for a time period? And then in each paragraph state what happened in this period that changed the law?
Sorry if this came out confusing!!!
Thank You
Hi! I'm currently studying world order and with trials coming up I was looking over the themes and challenges. On the whole they're pretty easy to articulate to the concepts of WO, but I'm getting stuck on the role of law reform in promoting and maintaining WO, as well as the impact of changing values and ethical standards on world order. I was wondering if someone could please give me a hand in understanding this? Thank you!
Hey,
Is self defence and necessity a partial or complete defence? My teacher said that they're complete defences but the 2017 HSC multiple choice (Q.18) says that self defence can be used as a partial defence.
Thanks
Hey,
Is self defence and necessity a partial or complete defence? My teacher said that they're complete defences but the 2017 HSC multiple choice (Q.18) says that self defence can be used as a partial defence.
Thanks
Hey,
Is self defence and necessity a partial or complete defence? My teacher said that they're complete defences but the 2017 HSC multiple choice (Q.18) says that self defence can be used as a partial defence.
Thanks
I know this is only a tiny thing but...
Is there a difference between plea bargaining and charge negotiation?
The textbook uses the terms interchangeably, however, they have both been options for a multiple choice question.
I know this is only a tiny thing but...
Is there a difference between plea bargaining and charge negotiation?
The textbook uses the terms interchangeably, however, they have both been options for a multiple choice question.
Ok so judging by this, it would seem that there is a difference... but like not entirely sure if thats correct?
Uggh so confused someone please shed light?
Hey! I was just wondering if anyone could answer my question!
I am new to atarnotes and learning how to use it properly, so bear with me!
My question is, does anyone know which schools in Western Australia teach or have the course of ATAR Legal Studies or any Law or Politics course?
Thanks so much!
Rachel
Hi! So the syllabus used to contain the word 'plea bargaining,' it now contains the more up-to-date term of 'charge negotiation.' They are the same process! You won't be asked to distinguish between them, though you should be using the term 'charge negotiation' as it is what the syllabus uses. Any MC with plea bargaining as the answer is out of date ;D
Note: PLEAS are still a thing, that is, the offender saying "guilty" or "not-guilty" at the start of the Trial process :)
Hi! I'm currently writing my essay for discretion for trials, and I was wondering where in sentencing and punishment discretion is used? My points currently are: discretion is used when a judge is considering aggravating and mitigating factors surrounding a case, and also how mandatory sentencing removes judicial discretion.
Thank you!
Hi! So the syllabus used to contain the word 'plea bargaining,' it now contains the more up-to-date term of 'charge negotiation.' They are the same process! You won't be asked to distinguish between them, though you should be using the term 'charge negotiation' as it is what the syllabus uses. Any MC with plea bargaining as the answer is out of date ;D
Note: PLEAS are still a thing, that is, the offender saying "guilty" or "not-guilty" at the start of the Trial process :)
Hi! I'm currently writing my essay for discretion for trials, and I was wondering where in sentencing and punishment discretion is used? My points currently are: discretion is used when a judge is considering aggravating and mitigating factors surrounding a case, and also how mandatory sentencing removes judicial discretion.Hey there,
Thank you!
Hey there,
Just got a quick multiple choice question to ask about:
Which best protects Human Rights in Australia:
a) Constitution
b) Common Law
c) Statute Law
d) Courts and Tribunals
I dont have access to the answers but I would have gone with the constitution as the rights, although limited, are guaranteed and better protected than the other options. Just wondering what you guys reckon??
Thanks!!!
I think its C, statute law :)
I second this! What does everyone else think?
Ima hit you with a zesty B ;DI was caught between D and B, but that explanation makes sense ^^^ Thanks!
Common law (the courts, but like precedent, it's a better version of D) interprets statute law (which don't explicitly protect HR in Australia) in ways to protect human rights in specific scenarios! At least, that's how I think the question wants you to look at it - I'd be going B :) I like this question purely for the discussion point though! Bit subjective for an MC imo! :)
Hi I was just wondering for workplace does broad case studies work eg. coles or do you need to be specific and reference the case in legal jargon?
Hey! Specific case and legislation references are going to be better for you, but going with broader types of evidence is still going to work! :)
Ima hit you with a zesty B ;D
Common law (the courts, but like precedent, it's a better version of D) interprets statute law (which don't explicitly protect HR in Australia) in ways to protect human rights in specific scenarios! At least, that's how I think the question wants you to look at it - I'd be going B :) I like this question purely for the discussion point though! Bit subjective for an MC imo! :)
Could be wrong, but also I feel like broad cases which cover many syllabus points are invaluable both in terms of memorising and use.
Like for crime, the Jill Meagher case; R v Bayley 2013 covers heaps from use of technology in police powers to law reform to sentencing.
Going to still go with C on this one!
I think you can interpret it that yes although common law exists, any statute law or act of parliament can be passed at the government's will which in turn, may override common law.
should you just memorise an essay for family and consumers and for the crime extended response
how would you answer this question
outline the role of law reform in the abolition of slavery?
Would it be better to do the essays first and leave the multiple choice until last?
is trials really a good indication of what you will get in the actual hsc?
if your rank is bad but you end up doing well in the hsc but people who were ranked higher than you performed poorly would it really affect your mark?
Around how many pages should you generally be writing for the 25 mark essays
who has the burden of proof in the local court is it the dpp
would a case involving manslaughter be held in the district court
who has the burden of proof in the local court is it the dpp
would a case involving manslaughter be held in the district court
Hi!
As the name suggests, the DPP does have the burden of proof. --> Director of Public Prosecutions. :-)
I don't think so - I just looked through my notes and "[the District Court's jurisdiction] extends to all indictable offences, apart from murder, attempted murder, treason, serious sexual assault and kidnapping." However I have a faint memory of my year 10 commerce teacher talking about a manslaughter trial in the District Court when he was on jury duty? Happy to hear from others about this!
Hope this helps :-)
Hey, i was just wondering how should i structure an answer to this question,
Outline the role of international legal and non-legal measures in maintaining world order and assess their effectiveness in relation to the nuclear threat
should my legal and non-legal responses only relate to the nuclear threat, the question has thrown me off a bit and i'm not sure how to answer it and specifically structure it
any help is appreciated so much
Why are peace and environmental rights collective but civil and political aren’t
why is the answer for this b
Hey, i was just wondering how should i structure an answer to this question,
Outline the role of international legal and non-legal measures in maintaining world order and assess their effectiveness in relation to the nuclear threat
should my legal and non-legal responses only relate to the nuclear threat, the question has thrown me off a bit and i'm not sure how to answer it and specifically structure it
any help is appreciated so much
why is the answer for this b and not a
why is this contract law and not tort law
2001
Hey,
I was given this question for an essay for my final assignment worth 40 percent. Have been very troubled with discussion point topics to include, finding examples has been easy but understanding and expressing the nature of the question has been difficult. Intend to use basic LCMID such as Mokbel, Tang, wonderland etc. Wondering if i could get help please :)
In terms of Australian responses to international crime... I have a bunch of information on statute law and legislation such as the ratification of the Rome Statute.. but not so much on common law. I am finding it difficult to find cases of crimes against the international community heard in Australian courts, anyone have any information on this or any specific cases... anything is greatly appreciated!
Hi,
In essays, do we need to know which section of an act we are referring to? E.g. for CROC, the specific articles. It seems like a lot extra to memorise.
Thanks :)
Hi!
Nope, not necessary :-)
Maybe I'm just being dramatic here (since HSC is a few days away), but do people ACTUALLY memorise legislations, media articles, cases, international instruments, reports/documents and statistics for EVERY legal dot point? Like in most subjects, the content straight from the syllabus is pretty much all there is to learn. But legal isn't just content heavy, but needing to know the additional LMCDI for every dot point just seems impossible to me. Like how. In trials I just memorised LMCDI for a few parts of the Option topics, and a few per main section of the crime syllabus and thankfully the questions reflected that. But in HSC, I know especially for crime, they can ask for specific areas and at this point I feel like english has less to memorise than legal tbh smh.
Hey there!
Can anyone tell me if when referencing articles in an essay I should write out the full name? My teacher said writing the source and the date posted will be enough and save time. What do you think?
Thanks!
Hi!
You don’t need to memorise LCMs for every dot point. It’s really up to the person to decide how extra they want to be with their LCMs (usually the more, the better). If you feel like it’s unnecessary to memorise them for a specific dot point, trust your judgement. I memorised LCMs for every dot point except for the first part of crime and my option topics and I came out alright lol
Basically, trust your judgement on how many LCMs you need. If you feel like it’s excessive, it probably is.
Best of luck!
Hey! My textbook and crime notes show self-defence as a complete defence, however in HSC multiple choice questions regarding defences, self-defence is always the answer to "which defence is a partial defence" or blah blah. Could someone clarify why it's a partial defence? And also why everywhere I look, self-defence is stated as a complete defence? Thank you!
Hey!
Im pretty sure self defence can be taken as both. So say in the case of R v Smith 2008, where the defendant suffered 30+ years of domestic violence, attempted to kill her husband but as she raised self defence her case was acquitted and thus was used as a full defence. On the other hand in the case of R v Silva 2015, she killed her partner after long-term abuse and raised self defence, her charges were dropped from murder to manslaughter and thus she received a suspended sentence. So, I think it really just depends on the situation.
If you are referring to the 2017 HSC question which asked which of the following is a partial defence, self defence was the correct answer because it was MOST correct. One of the options was not a defence and the other 2 options were full defences, thus making self defence the most correct answer.
Thank you so much! Also, not sure if you'll be able to answer this based on the options you may have completed for legal studies, but for those who can, what is the main message we should try to make or send across when writing a family law essay? I understand that each question asks for something different, but we never really got to finish family law before graduation, and I'm kind of nervous about it. With my other option, I always know what I should be revolving my arguments around, but for family, I don't.
Thank you!
The other thing is in relation to Family Law - I'm just wondering with regard to Domestic Violence how one would structure an essay in response to a q like 'how does familly law respond to conflict in families'. My teacher seems to think we should all avoid and do the other q option if we get something specifically with regard to DV but I'm interested in it, but apparently most of the time students end up writing Crime essays and mentioning ADVOs and BOCSAR statistics to discuss effectiveness. I'm just a little bit confused of what you'd write, as she thinks you need to ensure everything is linked to family Law which is understandable cause' it is Family Law - but how would you talk about DV in relation to Family Law without going off into a crime essay. My textbook seems contradictory and talks about ADVOs and so on and the failures of it so I'm just a little unsure of what to do in the case that NESA throws in a cheeky DV q on us.
Thanks all!
Hi,
Does anyone have any good cases relating to transnational crimes heard in the ICC?
Hi,
Does anyone have any good cases relating to transnational crimes heard in the ICC?
I did DV in my Trial (or HSC? One of them for sure...) and definitely included discussion of ADVO's, and probably BOCSAR statistics too, and did just fine. The trick is to discuss them in a way that relates to Family Law, which as I talk about above, is typically about just outcomes and equal access to the law. It's not about balancing rights of offender and society, or any of those more "crime" centric ideas - That is the trap to avoid. But I like DV as an essay topic because of that overlap, it makes things easier.
Not to go against your teacher or anything, just saying I did it and was fine (I state ranked, so they can't have disliked it too much, aha) :)
Hey,
In terms of search and seizures, in the scenario where police:
- have suspicion on reasonable grounds that someone has a stolen item on them
- do not have a warrant
- and the person refuses the search
... can they still perform the search on the bag, body etc or is the warrant required. If the warrant is required can't you basically just refuse every search.
Thanks in advance
what are the possible crime, shelter and consumer essay questions for 2018 hsc legal studies? ANY IDEA PLEASE LIST THEM SO I CAN PREPARE IF NOT HOW DO I PREPARE FOR THIS ON MONDAY?
THANKS
For the option essays that say 'refer to at least one contemporary issue..' is it fine to refer to content from the first two syllabus headings or are we restricted to contemporary issues? (E.g. could I talk about divorce and DV for family law Qs rather than limiting to just contemporary?)
And for law reform Qs, would bills that are in the process of being read in parliament and soon to be enacted count? Do I just refer to them as proposed law reforms and evaluate them from there? (E.g. royal commission findings made recommendations and parliament is implementing them in a bill and will soon be passed but not yet as of the hsc - will that still count as law reform?)
Thanks!
Could someone let me know if my answer is suitable for this question?
4. Assess the role of law reform in protecting human rights (MEMORISED)
Law reform has been effective in protecting human rights through advocating greater recognition, yet it has been effective only to a limited extent thus far. Pressure to reform the existing law comes from multiple sources such as courts of nation-states, particularly from the International Law Commission and within the International Criminal Court (ICC). The ICC, governed by the Rome Statute (1998) plays a huge role in protecting human rights by hearing cases against individuals who have breached international law. This brings reform. The work of the ICC has led to the recognition of rape as a war crime within the ad hoc war crime tribunals of Rwanda and the former Yugoslavia. However, there are still areas of human rights law that require reform. These include Australia’s response to asylum seekers (as their policies are being heavily criticized), reworking the formal definition of a refugee as well as their global treatment.
Hiii does anyone know any cases for crime that cover multiple dot points?
Hey guys,
I have a few last minute legal essay qs:
1. Do we need to define key words ofthe essay q? I've actually asked this before, so i'm sorry for sounding like a broken record, but in our exam feedback our teacher really emphasised that we needed to define 'discretion' in our introduction. I've heard that definitions aren't necessary, and i would prefer not having to remember extra stuff (i do understand the concept, i just find it difficult to explain it in technical wording straight off of my head). Do HSC markers have a preference?
2. Do we need to state the section of the act/treaty? Our just know the name of the act is fine? Same thing with the above, my teacher said we should remember the parts and subsections, but it seems incredibly difficult to memorise all of them.
3. For family law, i feel like there's a lot of overlap between care and protection of children and responsibilities of parents. If we were to discuss those two in an essay, should paragraphs be clearly defined on which topic is being discussed, or can we discuss them together? Also, since CROC is important, should it have a paragraph for itself, or just weave it throughout the essay when i discuss aus legislation?
4. Can we discuss law reform extensively, if the question isn't a law reform question?
Thank you!!!
Hi!
All good -- we're here to answer your questions, and happy to do so :-)
1. Nope! Don't waste your time writing something the marker already knows.
2. Nope, just the name is fine.
3. I didn't study Family, but I think you can discuss them together depending on the question. With CROC, if it suits the question you can dedicate an entire paragraph to it but you can integrate it throughout your essay if you like. It's really up to you :-)
4. Not extensively, but you can mention it throughout your essay if you like.
Hope this helps, best of luck for tomorrow!!
Hi guys,Hey,
Just wondering if you had any predictions for the questions for crime, consumers or world order
Thanks
Everyone was wrong about predictions it was discreation dam luckily I prepared essay plans for my response police and judicial have some what effective in achieving justice in the criminal system
WHO DID WHAT I DID ON SOMEWHAT EFFECTIVE OR POSITVE
ALSO I wrote that police abuse their power for example illegal arrest in Western Australia on Australian indigenous young males etc and I use lepar 2002and evidence act but forgot the year for evidence act IF I FORGOT TO PUT THE YEAR IN THE ACTS WILL I LOSE MARKS
ALSO I WROTE 5 pages
Hey Elyse,
I was just wondering if there is a difference between independent authorities and statutory authorities in Human Rights.
Thanks :)
Hey Elyse,
I was just wondering if there is a difference between independent authorities and statutory authorities in Human Rights.
Thanks :)
Hey!
Just adding onto Jamon, I think maybe you're getting confused (but definitely someone quote me if I am wrong) but I think in the syllabus it's actually just 'independent statutory authority'. I think the syllabus has made a typo and put an extra dot point on statutory authority which makes it look like its own dot point but, Question 21 from the 2015 HSC exam validates that it is just 'independent statutory authority'.
As for examples, the Australian Human Rights Commission is a great one as well as the Human Rights Committee and the Committee on Economic, Social and Cultural Rights. The latter two monitor the compliance of the ICCPR 1966 and ICESCR 1966 respectively. ;D
Hi there,
I'm currently sitting staring at an essay question that i don't even know where to begin to answer.
It has a statement with it and i am not sure how to incorporate the statement into the essay, how i should structure my response or what LCMID to use? Please help me
Thanks, Amelia
This is the statement:
Over time this Parliament, as the representative of the community, and the courts have given police certain powers required to effectively fulfil their role in law enforcement. In return for these powers, however, police are required to exercise their power responsibly, particularly when these powers affect the civil liberties of members of the community whom the police serve.
This is the question:
To what extent does the criminal investigation process balance the rights of victims, suspects and society?
Hey I'm new to this site so I'm not sure if i'm posting correctly nonetheless I'm in dying need of help.
My teacher assigned us 4 essays to complete by the end of the holidays and with one week to go I've yet to complete one. Just looking for points/arguments for the following questions.
-Evaluate the effectiveness of sentencing and punishment as a means of achieving justice.
-Assess the effectiveness of the criminal justice system when dealing with young offenders.
-To what extent does criminal law balance the rights of victims, offenders and society?
Any legislation and cases would be helpful but otherwise thank you in advance :)
Hey I'm new to this site so I'm not sure if i'm posting correctly nonetheless I'm in dying need of help.
My teacher assigned us 4 essays to complete by the end of the holidays and with one week to go I've yet to complete one. Just looking for points/arguments for the following questions.
-Evaluate the effectiveness of sentencing and punishment as a means of achieving justice.
-Assess the effectiveness of the criminal justice system when dealing with young offenders.
-To what extent does criminal law balance the rights of victims, offenders and society?
Any legislation and cases would be helpful but otherwise thank you in advance :)
Hello, this is my first post so i hope i am doing this right!
I was just wondering if anyone knew of a good case study i could use that shows how victim ipact statements can negatively affect sentencing, in a way that unduly prejudices the defendant at sentencing? Trying to use it an a pargapraph explaining the tension between community interests and individual rights and freedoms :)
Hello! Just wondering for the learn to q's part of human rights - what's the difference between "outline how human rights have changed and developed overtime" and "examine major human rights documents and explain their contribution to the development of human rights"?Hey,
Hey,
With the 'outline how human rights have changed over time', that's looking at the areas such as the abolition of slavery, trade unionism/labour rights, universal suffrage, universal education, self-determination, environmental and peace rights. You could be asked a short answer question on one of these specific areas or more broadly, where you talk about a few of them.
With the "examine major human rights documents and explain their contribution to the development of human rights" you are looking at documents such as the Universal Declaration of Human Rights or the Convention on the Rights of the Child, and how human rights are protected because of it. You may need to look at how effective these documents have been and what legislations have come out of it.
Hope this helps :)
Thanks for your response! A follow up question - for "examine major human rights documents and explain their contribution to the development of human rights" does this include historical documents (eg. magna carta) as well as formal documents (eg. udhr)?
Hi everyone,
I have a legal essay on 'Evaluate the role of discretion in the criminal justice system'.
I wanted to do a paraghaph of society / individual, police and judicial. However, I'm lacking points for the discretion of society besides reporting crimes.
Can anyone suggest any others?? I have some negative but not many positive points.
Thank youuuu
Hi everyone,
I'm currently in Year 12 and taking Legal Studies as one of my subjects.
I was just wondering how I could go about the following question in preparation for my upcoming exams:
How effective has the international community been in relation to non compliance in relation to human rights?
Can I talk about the recent issue of how Australia's compliance with the ICCPR treaty has offered inadequate protection of human rights?
OR,
should I be talking about how the criminal justice system aims to appropriately punish individuals who have shown non-compliance to the legal system
??
Thank you
Hi everyone,
I'm currently in Year 12 and taking Legal Studies as one of my subjects.
I was just wondering how I could go about the following question in preparation for my upcoming exams:
How effective has the international community been in relation to non compliance in relation to human rights?
Can I talk about the recent issue of how Australia's compliance with the ICCPR treaty has offered inadequate protection of human rights?
OR,
should I be talking about how the criminal justice system aims to appropriately punish individuals who have shown non-compliance to the legal system
??
Thank you
Hi can someone please help me answer the following question (its for a prepared response in a exam)
“Consumer law makes little difference to the achievement of justice for consumers”. Discuss this statement' (25 marks)
How do I structure this? Do I refer to the evaluation criteria? How do I start/ what do I put in the intro?
Hi Atar Notes,
I have an exam coming up and I'm having trouble with finding ways to answer this question;
"Consumer law makes little difference to the achievement of justice for consumers" Discuss this statement.
Just having issues with what parts of the syllabus I should mention to 'agree' with this statement, since its for and against.
Thanks :)
G'day ladies and boars,
So I've got me a good ol' legal exam beginning of next term as ya would and what a way to spend the very long smoko break than studying!
Basically I gotta prepare 2 essay plans for family law (the one area ya wouldn't go to but ah well!) and my teacher ain't really helping so I thought I'd ask the people this one.
Does anyone have any ideas for structure in the following 2 questions, which are:
1) Assess the effectiveness of legal and non-legal measures in achieving just outcomes for family members
2) Evaluate the roles of the law and the media in responding to issues affecting family members
Any answer for this will be greatly appreciated! Thanks x
Jack
G'day All,
Just gonna ask, anyone know of any good resources that have some decent information in relation to the topics of Crime, Family Law, Workplace and Human Rights? I'm not really asking for a book because the law is always changing and I've got a textbook (and the ATAR notes book), however, are there any other sources that help a bit?
Also, anyone know of any good podcasts for legal?
Cheers
Anyone know any good podcasts that relate to legal? Cheers
Hello,
Can I ask a questions in relation to the text books to study for the HSC please. I am currently studying ATAR notes book plus my teachers class notes but am now questioning whether I should also summarize the school text book as well? Thank you :)
Hi,
Would the United nations be considered a legal or non legal measure to combat HR?
If it depends on the arm of it, what about:
ICJ?
ICC?
Human rights council who investigate and report?
Security council inc R2P?
Also, what is an example of a statutory authority and what makes it such?
Hiiii,
Would MOST human rights be protected in statute law or common law in Australia? Weird multi I came across... are there more rights in legislation, or more set out in common law decisions.
:o
Hiiii,
Would MOST human rights be protected in statute law or common law in Australia? Weird multi I came across... are there more rights in legislation, or more set out in common law decisions.
:o
Hi!!
I’d say common law :-) What was the answer to the MC?
...and I’m passing this question to you guys - what do you think?
Hiiii,
Would MOST human rights be protected in statute law or common law in Australia? Weird multi I came across... are there more rights in legislation, or more set out in common law decisions.
:o
hey, can someone please explain the issues surrounding birth technology and surrogacy. I'm having trouble formulating arguments for the essay question "Evaluate the effectiveness of the law in dealing with issues related to birth technology and surrogacy"
hey, so my essay question is “Assess the effectiveness of both legal and non-legal measures in achieving just outcomes for the changing nature of parental responsibility within Family Law.", and im struggling with the non-legal measure on NGO's. so i know all the ngos like DadsLink, Lone Fathers Association and Anglicare but i dont know how to construct a proper paragraph and i cant find any facts, cases, stats or anything to back myself up.
Hi all,
Was wondering for option topics when it comes to the contemporary issues... for legal and non legal responses.... what would these be considered as?
- social programs administered by government to address the issue e.g. Increase of social housing funding
Could we state anything administered by the govt. is legal and anything out of the govt is non legal
hey, so my essay question is “Assess the effectiveness of both legal and non-legal measures in achieving just outcomes for the changing nature of parental responsibility within Family Law.", and im struggling with the non-legal measure on NGO's. so i know all the ngos like DadsLink, Lone Fathers Association and Anglicare but i dont know how to construct a proper paragraph and i cant find any facts, cases, stats or anything to back myself up.
Hey, Does anyone have any tips on memorising legal essays
Hey, Does anyone have any tips on memorising legal essays
Hi, i just got my last assessment for legal before trials - essay on world order! I was wondering how i should approach each of these questions to receive the best marks i can:
1. How effective is the legal system in regulating relationships between nation states? In your response include reference to at least one contemporary issue you have studied.
2. Evaluate the effectiveness of the law in balancing state sovereignty and the ‘responsibility to protect’.
3. Assess the effect of state sovereignty on the level of compliance and non-compliance in respect of world order.
Please help me!
Hey!
Unfortunately, I'm not doing world order for my HSC, but I can help you with how you should go about it.
The good part for you is that your questions are all based on the 'effectiveness' of something specific; so that's your start. Go over your notes in class looking at each of these specific topics (if your teacher did that) and then decide what you feel is most important for your questions.
For some thought, remember that because it's asking for the "effectiveness", you need to use the "effectiveness" criteria (found within the syllabus) in order to come about your judgement. You need to have a position on each of your topics - that's what's could be the biggest difference between a band 5 and 6 - apart from the fact of using the key terms of each question correctly (Assess, Evaluate etc).
Hope this helps, let me know if you have any other questions/concerns!
Hey thanks, what sort of effectiveness criteria should i be using? And also what do you mean by taking a position - how do i get that across effectively in my essay?
Hey thanks, what sort of effectiveness criteria should i be using? And also what do you mean by taking a position - how do i get that across effectively in my essay?
Hey everyone,
For my assessment in a couple of weeks I need to prepare two essay plans for the following questions:
To what extent does the law adequately protect family members in relation to birth technologies and surrogacy?
OR
To what extent does the law adequately protect family members in relation to the changing nature of parental responsibility?
Does anyone know of a structure that would be quite diverse in topics surrounding these areas because my teacher wants a wealth of topics in these plans.
Cheers :)
Hi all,
I'm trying to prepare for an essay on the dot point: Explain the role of Australia’s federal government in responding to world order.
But I'm struggling in thinking of what my paragraphs should actually be about? I was thinking of doing the signing of treaties and state sovereignty (e.g. coalition of the willing against UN advisement), but I'm not sure what else to do?
Thanks!
Hi there,
Anyone doing world order! How would you structure your answer to this essay question. I'm really stuck on where to go!
Question: Assess the effect of state sovereignty on the level of compliance and non-compliance in respect of world order.
Thanks so much,
Amelia :)
Is there a thread to post a Legal Studies essay for marking?
hey guyss
i have one more assignment before trials and i have to answer the following questions
Evaluate the effectiveness of the law in responding to problems in family relationships.
anddd
Evaluate the effectiveness of international law in encouraging compliance and responding to non-compliance in relation to world order.
please helpp
Hey,I think the NESA responses are around a low band 6 range, so probably 21-23ish.
With the NESA workbook for legal studies it says Band 6 responses for the essays that are provided... with the options being 25 marks where would these standard of essays sit in the range of 21-25 mark section of the criteria?
Thank you!
hey, im really struggling with the question
"to what extent does criminal law balance the rights of offenders, victims and society when sentencing offenders".
I think i know the content surrounding it but am struggling to distinguish what my body paragraphs and structure would be.
Can anyone help?
Heyy,
For the option topics, is there any chance that they can ask us a question about a specific contemporary issue?
Like for family "Assess the effectiveness of legal responses for surrogacy and birth technologies", or can it just be "Assess the effectiveness of legal responses for a contemporary issue".
Should I bother studying all 4 issues in depth?
Hi,
Could a media outlet be a “NGO”?
Could a sports team be considered an NGO?
Basically I am asking if any organisation that is not run by the govt. can be considered an NGO?
My teacher is saying to stay away from considering media outlets and sports organisations as NGOs, however I have seen some 25mk questions on solely NGOs on a particular aspect of the option syllabus, leaving me with little
to talk about.
Thank you !!!!
Hi all,
What type of defense does battered woman syndrome fall under?
self defence, duress or necessity? ... multie
Hey Guys,
My teacher gave us some questions that might be similar to the exam in regards to our core topics, but I am actually so clueless on how to answer them, any help would be appreciated:
Family:
"to what extent does the role of law reform achieve justice for family members and society"
World Order:
"Evaluate the impact of changing values and ethical standards on world order. To what extent does the law encourage co-operation and resolve conflict in relation to world order?"
Hi
I'm struggling to scaffold crime essays - there's so many dot points and i don't have a lot of info on certain topics, specifically, the investigation process, sentencing and punishment, young offenders and international and transnational crime.
Does anyone have any advice?
Thanks :)
Hey Guys! I was wondering if this website in particular, ATARNotes, provided any essay marking? I'm fairly new here (yes... pretty late to join ik)Hey,
Hi!
Does anyone have any predictions for what the family essay question (25 marker) could be??
It could legit be anything but if anyone has any predictions pls help a gal out :))
Quick question, in preparation for the HSC now, how should I be studying? (:
Hey, I was just wondering if anyone can give me tips on what to use case studies for? So should I research cases and legislations only that surround the themes and challenges for specifically Crime? Or should i have Legislations and Case studies for almost every dot point in the crime syllabus?
Same question for Human Rights
Hey guys!
Could we talk about Hong Kong in our World Order essays since it seems to be a contemporary issue right now? If so, what could we talk about?
Thanks!
Hey Guys! For the crime response (15 marks), do you guys think it's okay to have only two body paragraphs? A crime essay should be around 600 words (according to my teacher) so I plan on having two really in-depth body paragraphs (approx 250 words each). But a lot of past answers to crime responses have at least 3, so idk if it's okay to have 2. :-\
It'd be preferred that you do 3 body paragraphs as it allows for you to have more content in there and attain more marks. It also makes it look like you know your stuff instead of possibly repeating what you're writing. However, it all depends on how you work.
By having 3 paragraphs you're spreading out your information instead of just a large blob of writing.
Hope this provides some insight.
Thank you so much! On a side note, I was wondering if it was okay to intertwine some of the topics? For example, for the criminal investigation process, I am planning on doing a paragraph on the Terrorism (Police Powers) Act 2016 and talk about the powers of the police in regards to terrorism. However, if we were asked a question on young offenders, I would want to utilise the same act but twist the topic sentence around, perhaps say that terrorism is targeted towards younger people and thus they become young offenders... something like that?I seriously doubt that your statement or point of view of the Terrorism ( police Powers) Act 2016 has any relevance or aim to target your offenders. Perhaps it'd be more suitable for you to focus on arrest and charge, detention and interrogation, rights of suspects or in general police powers if you wish to mould your paragraph from the investigation process to young offenders..
Hello!
May I ask what the difference is between the 2 questions below? The answers are different for both.
1. The police hold Susan in custody because they believe she may commit a serious crime. What is this an example of?
A. Remand
B. Recidivism
C. Protective custody
D. Preventative detention
2. Joan is charged with a serious home invasion. She is kept in custody because of the fear She may reoffend. What is this an example of?
A. Protective custody
B. Preventative detention
C. Recidivism
D. Remand
Thank you!
Hi! Can anyone explain judicial guidelines to me? I know statutory guidelines are in legislation so judges have to follow it I.e. maximum sentences, but how would you describe judicial? And if you were to make a paragraph discussing judicial guidelines what would you talk about?
Hey guys,
I've been doing practice essay plans and I am soo confused on issues of compliance and non-compliance involving crime? Like what could I write about it?
Thank you so much! On a side note, I was wondering if it was okay to intertwine some of the topics? For example, for the criminal investigation process, I am planning on doing a paragraph on the Terrorism (Police Powers) Act 2016 and talk about the powers of the police in regards to terrorism. However, if we were asked a question on young offenders, I would want to utilise the same act but twist the topic sentence around, perhaps say that terrorism is targeted towards younger people and thus they become young offenders... something like that?
Hey, would anyone doing consumer law happen to have any good cases they'd be willing to share? I literally have none and I'm freaking out a bitHey,
Hi!
Just want to ask if we could talk about war crimes, genocide, Syria or ICC cases in our World Order essays??
Thank you!!
Yes of course you canWhoops I meant to say:
Hey!
Does anyone have any cases for changing nature of parental responsibility? And law reform for surrogacy and birth technologies? There seems to only be one legislation???
Many thanks!
Hey all!
I have a crime essay coming up and the question is:
"Assess whether a court’s decision to allow an accused person bail or to hold them on remand reflects a tension between community interests and individual rights and freedoms". (25 marks)
I am really unsure what to argue and how to structure solid arguments for a 4 paragraph essay. And I find the bit about the "tension between community interests and individual rights and freedoms" quite confusing.
Some of my thoughts to include are:
- Presumption of innocence
- Upholding procedural fairness
- Rule of law
- Remand = serious incursion of liberty
Any sort of help would be greatly appreciated :)) Thanks in advance.
How would you answer a question like the two 2016 HSC World Order questions, in terms of what your paragraphs should be about?
(a) To what extent does the law encourage cooperation to achieve world order/success of global cooperation?
(b) Evaluate the effectiveness of the law in balancing state sovereignty and the 'responsibility to protect'.
Thank you, any help is appreciated.
Hi everyone! If anyone could help me in figuring out how to answer this essay question, and how to go about structuring it, I would greatly appreciate it!
To what extent does the criminal justice system balance the rights of the victims, offenders and society when dealing with young offenders?
There's just a lot going on in the question and I'm a bit confused on how to answer this exactly.
hey, i was wondering what the best way to prep for 15 mark extended response question with access to offline notes?
we're given 45 mins to respond to one 15 mark question which includes a stimulus material but with access to offline hardcopy notes. ive done a bunch of essay scaffolds for past hsc questions from the crime syllabus. they have not been focused on specific dot points e.g. 'assess the roles of alternative methods of sentencing'.
instead i've made them on broader questions like 'assess the effectiveness of the criminal trial process as a means of achieving justice '.
anyway, i was wondering if its smart to just print off these essay scaffolds on these broader types of questions as part of my 'offline notes' or if there are better/alternative ways?
advice/suggestions are greatly appreciated thank you
Hi,
I'm a year 12 student. I have a crime Extended response next week.
What's the best way to integrate a quote into the response and throughout the response?
What's the best way to get close to full marks?