HSC Legal Studies Question Thread

[henrychapman]

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

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

[henrychapman]

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 the key trickster that they throw into exams is what UN documents are binding/non binding. A declaration is NOT binding, it simply just a list of values that have become universally accepted as human rights- thus it has developed into customary law because it is so universally accepted. A treaty is binding, as is a convenant (e.g the ICCPR builds upon general terms in the UDHR and makes it binding on the countries that sign up to it)

[martinarena_]

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

Hey,
Just thought I'd clarify! I've provided all the points to why C (restorative justice) is the correct answer haha, misinterpreting the fact that he had meant clarify why D could be correct 
In the case for the multiple choice question, I agree with you, C would be the most correct and applicable to the answer - even though D is in some way correct, C is more valid

[nicolestudent]

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!

[katie,rinos]

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,
Welcome to AN!!
In year 11, I looked at the one punch/lockout laws and the gun laws after the Port Arthur Massacre.

However some other recent law reforms include:
- Anti-terror law Act 2005 (held for 14 days without a charge, recently amended so children as young as 10 can be held without a charge)
- Revenge porn laws: Crimes Amendment (Intimate Images) Bill 2017
- Changes to bail laws: Bail Act 2013 (removes presumption against bail, has a risk assessment).
- Consorting laws: Crimes Amendment (consorting and organised crime) Act 2012 (NSW)

For your essay, I think you would have to look at the historical background to why there is a need for law reform, how the law has changed and paragraphs on if it is effective in achieving justice for both society and individuals.

Feel free to post your essay here once it’s done if you need any feedback!!
Hope this helps!!

[Bina]

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"

[Bina]

Can someone help me with this assignment ^
This is my paragraph about media
The media is greatly effective in regards to the protection of children through the exposure of child abuses and deaths, resulting in society becoming aware of the injustice towards vulnerable children occurring all over Australia. Despite more than 40 inquiries since 1997, and the transfer of foster care to the private sector, sexual abuse and neglect remain. While the government wanted to shift part of the responsibility to non government organisations in order to deal with the most serious cases, children who had been removed from their homes due to child abuse found further abuse in out of home care, which is why the media shed light on the broken homes case. Jessica had faced strong sexual abuse and mental health issues but was taken to residential foster care, an unsafe environment shared with children who had faced neglect and staff that hadn’t been trained properly enough to ensure safety. The number of child deaths attracting media attention was also effective as it resulted in James Wood looking into why the system was failing so many children, hence why he wrote a 1100 page report containing 111 recommendations. By the time he recommended third party providers assume many of the government's child protection responsibilities, children were already failed, which could have been prevented if they were ensured complete safety through enforcement of consequences and further investigation into how private organisations protect children by the government, instead of focusing on the cases in front of them. Despite media actively contributing to informing the lack of care and protection of children in Australia, measures need to be taken and handled effectively by the government.

[henrychapman]

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"

Unfortunately I don't do that topic I can't help you too much here at the moment.. sorry
What I would say is make sure you are making a judgement because the question is asking you evaluate. And ensure you have some kind of criteria that you can use to make the judgement as this is what evaluate means. As for legal/non-legal measures structure, I would suggest having two paragraphs (if its manageable) on this because it will provide a balanced analysis.
Then obviously make sure your LCMD is relevant and supports your argument and adds to the understanding of the theory you present.
I'm sorry i can't provide more info on this hopefully someone has done this content already and can be more of a help.

[jamonwindeyer]

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"

Great advice from Henry above! These summary sheets might give you some starting points for content

Your media paragraph is good, clear judgement at the start. I'd like to see more specific evidence, right now you are sort of telling a wish washy story of "this happened then this happened," I'd want it to be a bit more specific and deliberate, specific media references and the like. Also watch that your argument stays the same through the paragraph, your intro and conclusion don't quite line up

[Lilabear123]

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!

[jamonwindeyer]

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!

Good luck for tomorrow!!

- Most essays tend to have three or four, but that doesn't mean you need to have that many. Quality over quantity
- Your structure sounds awesome. Don't spend too much energy on the ICTY since it isn't a 'current' mechanism, spend more time evaluating what's around today
- Older ones are fine, as long as they are supporting your argument! In general though more up to date evidence is always a good idea

Again, good luck!!

[NowYouTseMe]

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!

It's a bit late for this but alternatively, you could just have an Ad-Hoc tribunals paragraph instead of just ICTY so you have a bit more to talk about in terms of cases, professional opinions etc. If you're going to use the limitations of international law in basically every paragraph (as you probably should), you could add another layer of sophistication by introducing them in the introduction so your essay reads a lot more cohesively.

[heidzzz]

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"

[Lumenoria]

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!
You could take a look at mandatory sentencing laws. Basically, they impose a minimum sentence that judges must adhere to, thus reducing the flexibility (judicial discretion) of the sentencing process.   As well as this, lockout laws were imposed in light of the community outrage following the judge's leniency in the case of R v Loveridge. The effectiveness has been questionable, as violence has been directed to other parts of the CBD and thus it is believed that the inherent problem (the culture of drinking) has not been tackled in a way that is commensurate with community standards (they have  not only failed in their own purpose, but have done so at the expense of community's nightlife). There are a multiplicity of perspectives on this issue, so I think it would be a good one to discuss in your essay.


edit: My bad, I thought this was a recent post lol

[jamonwindeyer]

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"

Hey! These are huge questions, I don't think any answer you get here is going to encompass all the knowledge you'll want to catch yourself up on, and you'll need to make some personal judgements for the 'evaluate' bits! Instead I'd be downloading some free notes from our Notes section, sitting down and making some notes, and having a think about the evaluations! That is, are the responses doing well, not so well, or awful? And why do you believe this?

Feel free to shoot any follow up questions our way. This isn't saying, "I don't want to answer." This is me saying, "I think those questions are too big to be answered properly in this format," I think some of our notes will do a better job