For the implied rights six marker I said 2 S/W, My first was the fact that the High court can increase implied rights which is an easier way to add new rights compared to referendum etc. The weakness for this was that the High Court can only find more if a case with standing comes to the court. Second strength and weakness was the fact that high court judges are experts in the constitution and know how best to derive meaning and find implied rights. The weakness being it is not explicitly written in the constitution and thus for a person to be aware of their implied rights they have to decipher past judgements. What do you think?
hi! nervous moment during the exam and decided against evaluating with this question >:( how do you think this answer with fare marks wise?
b) Discuss the law-making role of the Commonwealth Parliament. 5 marks.
Parliament is the supreme law-making body designed for the very purpose of making legislation.
As such, it has developed a specialised process to create and consider laws.
This process is quite intricate, involving three readings, a consideration-in-detail or committee stage, and debate – all of which allow for the discussion of differing perspectives. Both the Victorian and Commonwealth parliament require that this process occur twice (once in both the upper and lower houses) before royal assent can be sought. The bicameral structure of parliament aims to provide for sufficient scrutiny of all proposed laws so that the most robust and appropriate final product is achieved.
Secondly, Parliament, as an organ designed for law-making, has access to resources to properly research the need for reform and make specific recommendations for change.Organisations such as the VLRC, government departments and parliamentary committees provide access to expert knowledge to inform how the law should evolve. For example, the VLRC consulted privacy law experts as part of their 2010 investigation into Surveillance Devices in Public Places and the Victorian Parliament considered the advice of the TAC and VicRoads when reforming licensing laws for P-Platers. This is a strength because law-reform will be thorough and well-informed; new laws are therefore likely to be effective in society and achieve their purpose.
thank you :))
hi! nervous moment during the exam and decided against evaluating with this question >:( how do you think this answer with fare marks wise?
b) Discuss the law-making role of the Commonwealth Parliament. 5 marks.
Parliament is the supreme law-making body designed for the very purpose of making legislation.
As such, it has developed a specialised process to create and consider laws.
This process is quite intricate, involving three readings, a consideration-in-detail or committee stage, and debate – all of which allow for the discussion of differing perspectives. Both the Victorian and Commonwealth parliament require that this process occur twice (once in both the upper and lower houses) before royal assent can be sought. The bicameral structure of parliament aims to provide for sufficient scrutiny of all proposed laws so that the most robust and appropriate final product is achieved.
Secondly, Parliament, as an organ designed for law-making, has access to resources to properly research the need for reform and make specific recommendations for change.Organisations such as the VLRC, government departments and parliamentary committees provide access to expert knowledge to inform how the law should evolve. For example, the VLRC consulted privacy law experts as part of their 2010 investigation into Surveillance Devices in Public Places and the Victorian Parliament considered the advice of the TAC and VicRoads when reforming licensing laws for P-Platers. This is a strength because law-reform will be thorough and well-informed; new laws are therefore likely to be effective in society and achieve their purpose.
thank you :))
Sounds like a good answer!! I did the same thing and talked about VLRC but it asked for Commonwealth! Don't know if they will give marks for that :(
For the, Court vs criminal juries,Jury Question:
If you mentioned Balance of probability vs Beyond reasonable doubt (Did weaknesses of civil, strengths of Criminal and weaknesses of crim)
and criminal juries are mandatory for indictable offences where as civil is chosen by the parties whether they have it or not
and explained it in depth
*Also mentioned how they need to see the case and take in facts
How many marks? (Missed out on jury number)
Also for 9B, If you did explain
Mentioned HOR makes laws for the People/ majority and can delegate law making powers to subordinate authorities (provided eg) as well
as has access to the ALRC
then went to the senate and said Equal rep makes laws for the state as 12 from each state and 2 from each terriotry
then also said their job as a collective is to ensure one house does not push through a radical law and acts as checks and balances etc.
Summed everything up well and in detail
However failed to mention a weakness
How many marks?
Jury Question:
Not having the number of jurors shouldn't be an issue, as it was a matter of comparing the ROLE of the two types of juries. That being said, no form of evaluation would've been required for this question, as it was purely a matter of comparing, not 'discussing' or 'evaluating.' Mentioning the different standards of proof is great, as long as you did this by explaining that "the role of a criminal/civil jury is to decide... in accordance with the standard of proof x or y."
Regarding the 'see the case' and 'take in facts', did you do this as a type of similarity?
It's hard to tell without reading your actual answer, and the way in which you structured it, but if your focus was on comparing the ROLES of the two, you'll probably be looking at a 3-4/5. However, if you didn't structure your answer in such a way that made it clear you were comparing the roles of the two (but instead, were evaluating or describing the nature of the juries) I'd say around a 2 or 3 (more likely a 3 than a 2).
9B:
Your answer shows a sound understanding of the nature and role of the Commonwealth Parliament, however did you make it clear you were stating that these things were 'strengths', not just facts? If you did make these strengths clear (and without weaknesses) probably a 3-4/5; but if not, probably a 3/5. Unfortunately, it's unlikely you'll be able to get full marks for this question without any weaknesses.
Hello, sorry to do this again!
But I was also worried with three other questions!!
1. The comparison between civil and criminal jury? I said for the first similarity that they both take an objective view of the facts of the case and come together to form an unbiased verdict. Difference being criminal has a mandatory jury of 12, whilst civil and an optional jury of six. My second similarity was the fact that for the jury to find the verdict the case has to be proved to a particular standard of proof. With the difference being the fact that the criminal cases have to prove the defendant guilty beyond reasonable doubt in the mind of the jury, whilst in civil it is on the balance of probabilities and what case the jury thinks is more probable.
2. With the 2 marker regarding the purpose of bail I said the main purpose was to uphold the presumption of innocence and then spoke about that in detail. But the question said to relate it to the case so i talked about why Sam would most likely be denied bail due to his drug trafficking offenses and previous charges. Is that an answer worthy of full marks?
3. With the 10 marker I spoke about 2 strengths of the adversary system correlated with two weaknesses plus and extra two strengths about the doctrine of precedent/appeals that allows for dispute resolution in the courts to occur efficiently. Is this enough to get a high mark. I also included the statement of contention that said that although the do aid in resolving disputes, they may sometimes be ineffective and as well as this a conclusion as well.
Thanks!! :)
can you guys tell me if I'm on the right path :p
a) Describe one purpose of damages. 2 marks
I said that one purpose is to allow a party to prepare for their case, and I linked that to how the Sam and his lawyer were talking about how to approach their case
5. Explain the differences between the purposes of civil pre-trial procedures and criminal pre-trial procedures. 4 marks.
I said one difference was that civil aimed to encourage an out of court settlement, whereas criminal aimed to check if there is sufficient evidence to proceed to trial. I than just came up with a weird one not sure how assessors will take it but I talked about how civil aimed to go through alternative pathways to resolve the dispute in an amicable way, whereas criminal was to prepare the parties fro trial by seeing the case against them
Compare the role of a criminal jury with that of a civil jury 5 marks
one similarity is that they both listen to evidence objectively, they both made a decision on the case (which I then went into detail regarding standard of proof) and another similarity is that both follow instructions from the judge regarding what to take in i.e. admissible evidence and how to behave
8. Why is it possible for a Victorian law to be in conflict with an existing Commonwealth law? In your answer, describe the impact that section 109 of the Commonwealth Constitution could have on a Victorian law. 5 marks.
I described section 109 in detail, then I said it can only be enforced through the high court, therefore state law and commonwealth law can conflict until it is challenged in the HC
Discuss the law-making role of the Commonwealth Parliament. 5 marks
in this question, I just talked about laws in future (protect the community from future problems, used carbon tax example, however cant forsee everything) makes law quickly (can respond to issues quickly i.e. Kevin Rudd economic pack, however cannot always respond as not sitting i.e. 72 days in 2014)
Evaluate the extent to which the Commonwealth Constitution protects the rights of Australians through implied rights. 6 marks.
I said I agreed moderately but it required the HC
>HC can imply rights in resolving dispute i.e. ACT v Commonwealth, however can only imply rights on wording
>implied rights can only by enforced through HC (invalidating legislation that infringes rights), however costly and time consuming
I know this is an extensive list, but these questions I'm sort of worried about
What did everyone answer for this question: Explain the differences between the purposes of civil pre-trial procedures and criminal pre-trial procedures?