VCE Legal Studies Question Thread

[meganrobyn]

Would it be okay to use examples of HC interpretation when discussing statutory interpretation? (Unit 3 AOS3, that is)
I just find myself wanting to use something like Brislan to describe the need for statutory interpretation.
Should I just be using non-Constitutional interpretation for this AOS though?

I don't think it's a great idea to use the same example in multiple answers across the paper - other than that, as long as it's correct (And HCA interp of the Constitution is statutory interp)

[nice!]

Hey, does anyone know how to explain the impact on the division of law-making powers from a referral of powers?? Usually I just write that the Commonwealth's powers are broadened, however it is unclear whether the states' powers are decreased as the referred power may now be regarded as either a concurrent or exclusive power. Is this okay or does VCAA want to see something else specifically ?
Thanks in advance !

[amandajostolio]

Hey, does anyone know how to explain the impact on the division of law-making powers from a referral of powers?? Usually I just write that the Commonwealth's powers are broadened, however it is unclear whether the states' powers are decreased as the referred power may now be regarded as either a concurrent or exclusive power. Is this okay or does VCAA want to see something else specifically ?
Thanks in advance !

Hey! once state parliaments refer an area of residual power, they no longer can exercise in that certain area they have given to commonwealth meaning it is not concurrent rather it is exclusive. This is why states are generally reluctant in referring there power as it increases Commonwealth parliaments law-making powers at the expense of state parliament/s.

[meganrobyn]

The constitutional division of powers doesn't change, but the division in practice does. That's because the referred power remains residual - but the Commonwealth has the ability to use the power, within the terms of the referral act, as though it were concurrent. The power doesn't actually become constitutionally concurrent, though, because the Commonwealth can't use it for other states or outside the terms of the referral act; the state can also theoretically revoke the referral act and take the power back. The power is only 'exclusive' insofar as the state has voluntarily offered to stop legislating; so, not exclusive. It would be interesting to see the way the HCA would apply s109 questions, actually - because the state could in theory just amend the referral act to get rid of the inconsistency.

With referral, one of the interesting things is the amount of technicalities we haven't had proper HCA precedent on.

[cer0010]

Should I mention juries when discussing Judicial determanation? EG when describing the outcome do  I write 'either the judge or jury gives a verdict, which is binding.'

[meganrobyn]

You absolutely can, if you like - it's correct. But juries are only used in about 0.15% of matters finalised and most people don't say it, so I can't imagine it'd be compulsory.

[chantelle.salisbury]

hi can someone help me with the short question here?
Identify and explain the stage of the legislative process of a bill through parliament where amendments are most likely to be made.
could i use the consideration in detail stage or would it be better to say the second or third reading?

thankyou

[meganrobyn]

What are your descriptions for each of those stages? If you have correct descriptions, that should give you the answer.

[madic]

Can appeals from VCAT only be heard on a point of law?
My notes are contradicting themselves - saying the above, but that, when heard by the President or Vice-President of VCAT, it can be appealed to the Court of Appeal on point of law, question of fact, or amount of damages.
Really needing clarification

[accoleg]

Can appeals from VCAT only be heard on a point of law?
My notes are contradicting themselves - saying the above, but that, when heard by the President or Vice-President of VCAT, it can be appealed to the Court of Appeal on point of law, question of fact, or amount of damages.
Really needing clarification

From my understanding, cases from VCAT can only be appealed on a point of law. The decision of a VCAT member would be heard in the Supreme Court (Trial Div), and the decision of a President or Vice President in the Court of Appeals, but only on a point of law.

[jasontran11]

What are some good 10 marker questions related to the way Australia's approach in protecting rights is different to another country's approach in protecting rights?

I haven't found any good ones so far. Most of them are less than 6 marks.

[clarke54321]

What are some good 10 marker questions related to the way Australia's approach in protecting rights is different to another country's approach in protecting rights?

I haven't found any good ones so far. Most of them are less than 6 marks.

Hello!

2007 has a good 8 marker for this topic. This combines a comparison (of Australia and another country) and an evaluation of Australia's approach to protecting rights. I think it's fairly safe to say that VCAA will never have a 10 marker dedicated to only a comparison. They will merge different area of studies, which oftentimes results in an evaluation of varying aspects.

[badnboujee]

Hi! I was wondering if we had to know any case examples of precedent? Eg donoghue vs stevenson

[clarke54321]

Hi! I was wondering if we had to know any case examples of precedent? Eg donoghue vs stevenson

It is definitely helpful to have a few up your sleeve. Other examples can include-

Mabo decision (native title)- great illustration of a test case, evolution of a point of law.
Kevin + Jennifer- statutory interpretation

I'd also recommend (if may not be necessary) that you find some examples of overruling, distinguishing, reversing or disapproving.

[stunner05]

hey guys so the legal exam is in a few days and i just needed to clarify one thing.
textbooks say that it is the senates role to make laws. what does that mean? when making laws don't both houses bc it needs to pass both of them. haha just a little stuck