HSC Legal Studies Question Thread

[rachelmassar]

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(D) It would quickly become outdated.

[KavyaR]

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??

[rodero]

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(D) It would quickly become outdated.

Hey, I was only able to get it through elimination as well. My only guess would be that the judiciary interprets the act, and their decisions in court create common law. This would therefore take power away from the legislature, who are supposed to be the one's who create the law, not the judges.

That's my input, though I'm not too sure about it myself

[fantasticbeasts3]

Shelter ppl - what can i say for compliance in this option?

Thanks

woah OH another shelter person! hey!

for compliance, the first thing that comes to mind is the Residential Tenancies Act 2010. this covers a lot pretty much everything in terms of renting, specifically tenants and landlords. rights for both parties are protected under this act, as are obligations of both parties, yada yada you get the gist. another one is the use of NCAT to resolve all disputes, because anything that is decided there is legally binding, thus making people compliant because no one wants to go against a legal decision! there's also the Rental Bond Board which requires the tenant to pay a certain amount of money at the beginning of their lease to the tenant, so the landlord can use it for repair. this encourages compliance because at the end of the lease, the tenant would want their money back (usually around 4 weeks rent) and therefore, wouldn't want to destroy the property.

in terms of contemporary issues, i can't think of anything at the moment - sorry! you can definitely pull stuff out of buying/selling properties though, just think of how the law protects the rights of both parties, encouraging no rights to be violated because then, they're breaking the law, and that isn't pretty, hahaha

hope this helps - all the best,
fantasticbeasts

Hi! Do we have to know the specific articles that the civil & political rights and economic, social & cultural rights are stated in the UDHR??

nooope, i don't think so. my teacher has always told our class it's not necessary to know them :-) if you feel better knowing them, then that's okay too!

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??

i have never heard of the actual act for the UK or french declaration of rights... so no, i don't think you do. just have a bit of historical context for the development of human rights, so you have enough to answer a question!

all the best,
fantasticbeasts

[damecj]

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!

[mystermark]

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

[caitlinlddouglas]

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

[jamonwindeyer]

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!

These summary sheets have the evidence I would use in that sort of essay

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

This guide will help you establish a strong argument

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

I highly doubt that would come up, and if it did you could pick the other question - I wouldn't worry

[rachelmassar]

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

[jamonwindeyer]

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

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

[justdoit]

hey! whats a peremptory challenge?

[jamonwindeyer]

hey! whats a peremptory challenge?

Hey! It is when the legal representation for the defence or the prosecution rejects a juror during selection, without giving a reason. They only get a certain number of these, but I forget how many

[rachelmassar]

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

Thank you so much!
Something else silly that keeps confusing me - what's the difference between a summons and an indictment?
Thanks!

[Korrasami]

Thank you so much!
Something else silly that keeps confusing me - what's the difference between a summons and an indictment?
Thanks!

Summons is where you are required to stand before the court and indictment is where a person is formally charged with an offence, hopefully it's right

[justdoit]

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