HSC Legal Studies Question Thread

[damecj]

Hey sorry,

Another question quickly... How would I structure an alternative family arrangements essay?

I know I would talk about De Facto and Same-Sex relationships but is there anything else I should throw in?

[caitlinjovanovska]

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!

[rodero]

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    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?

[fantasticbeasts3]

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!

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.

all the best!

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    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?

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

[caitlinjovanovska]

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?

[Korrasami]

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?

you could mention charge negotiation in regards to the victim, but double check with one of the mods

[caitlinlddouglas]

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.

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

Hey I'm pretty sure it's a typo! I think it's supposed to be independent statutory authorities

[rodero]

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?

Charge negotiation like Korrasami said. Most importantly R v Loveridge -> Lesser sentence means justice is not served to the victim.

The previous ease at which accused people could claim the provocation defence. Aka in R v Singh, he was successful in arguing provocation following the murder of his wife over a dispute in their relationship. You could then mention how subsequent amendments to the Provocation Act have attempted to better uphold the rights of the victim

[sidzeman]

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?

[fantasticbeasts3]

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!

[sidzeman]

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?

[toasted]

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.

[fantasticbeasts3]

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?

apparently the High Court can have cases that start there? this is from the High Court website: "The High Court of Australia is able to deal with cases which come to it on appeal or which begin in the High Court itself." link here

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.

hmm i think you could, because youth justice conferencing is part of sentencing and punishment (not the syllabus, but the whole process). should wait for clarification from one of the mods though!

[rodero]

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?

The High Court has original jurisdiction to hear cases that concern the interpretation of the Constitution

[paigek3]

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?