ATAR Notes: Forum

Archived Discussion => 2010 => End-of-year exams => Exam Discussion => Victoria => Legal Studies => Topic started by: milkcarton on November 10, 2010, 03:20:37 pm

Title: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: milkcarton on November 10, 2010, 03:20:37 pm
HOWD EVERYONE GO!!!!!
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: PringlePop on November 10, 2010, 04:13:11 pm
I did this last year and it was quite long, IMO. I wonder how it was this year...
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: jaccerz on November 10, 2010, 04:46:29 pm
i did it in an hour. i think it was dumbed down.
but meh.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: karishmajessica on November 10, 2010, 04:47:07 pm
Screw last year's exams! I hope this year's is easier, for their sake....
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Mime on November 10, 2010, 04:59:27 pm
It was too easy.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: lachymm on November 10, 2010, 05:40:11 pm
This exam was easy as piss
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: saaaaaam on November 10, 2010, 05:45:38 pm
Which court hears culpable driving???????

Other than that I really liked the exam :)
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: traciet on November 10, 2010, 05:46:54 pm
The exam was 3 'til 5:15 this arvo :) Just got out now.
It was friggen awesome! I'm unsure of whether I covered enough points in a couple of the extended response questions though... Question 11 (Part A) was perfect! My teacher predicted it exactly, which was helpful.

Culpable driving is heard in the County Court, this is one of the main criticisms of the courts.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: andy456 on November 10, 2010, 05:47:11 pm
It was really good....

Which court hears culpable driving???????

Other than that I really liked the exam :)

I put county??? but am unsure wbu?
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: andy456 on November 10, 2010, 05:49:02 pm
That sounds like an easy question. I do year 11 legal.
It was just a 1 marker so meh... ill take what i can from VCAA


Finally the first exam I've done that I am proud of
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: gooshie on November 10, 2010, 05:51:25 pm

for saaaaam

Yeah it is the County Court, i was a bit unsure of this but i put county as well and i am very happy ;D ;D :)

http://www.criminal-lawyers.com.au/web/page/vic_culpable_driving_causing_death
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: saaaaaam on November 10, 2010, 05:52:04 pm
Good. So long as other people put County too. :P

I absolutely loved the extended response on the adversary system. I didn't think they would put it on there though, so that was a nice surprise.

Strangely, it was the 1 and 2 mark questions that got me. Like the rights of the police and the individual. My teacher spent no time on these and basically told us to go memorise three of each. Which was fine except the ones I had learnt were all from before an arrest and the question asked for after. So I made an educated guess. I hope they're right.  
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: AVeryAverageUsername on November 10, 2010, 05:52:33 pm
Ah crap. I debated whether it was County Court or Magistrates'. For some reason the next question about 'who would decide' set off alarm bells but didn't convince me to change.

Reckon there could be a technicality that most culpable driving would end up indictable charged summarily? XD

Other than that, like andy said: first exam I'm proud of.

Edit: Excuse the question I really should have learnt in Year 11 but are culpable driving and culpable driving causing death the same thing? In the end that's one of the factors that convinced me to pick Magistrates'...woops XD
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: babygurl on November 10, 2010, 05:53:07 pm
A+ cut off? Do you think it will be higher than last years??
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Abdi on November 10, 2010, 05:53:13 pm
It was awesome as.... :D
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: andy456 on November 10, 2010, 05:56:16 pm
Good. So long as other people put County too. :P

I absolutely loved the extended response on the adversary system. I didn't think they would put it on there though, so that was a nice surprise.

Strangely, it was the 1 and 2 mark questions that got me. Like the rights of the police and the individual. My teacher spent no time on these and basically told us to go memorise three of each. Which was fine except the ones I had learnt were all from before an arrest and the question asked for after. So I made an educated guess. I hope they're right. 
CRAP.... So fingerprinting is wrong???
what are police powers after an arrest
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: babygurl on November 10, 2010, 05:56:35 pm
I did magistrates as well :( 2 marks gone :(:(
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Abdi on November 10, 2010, 05:57:48 pm
I did magistrates as well :( 2 marks gone :(:(

dude our teacher who is an examiner said it was magistrates wth :S

culpable driving isn't that serious of an offence! -.-'
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: andy456 on November 10, 2010, 06:00:23 pm
I did magistrates as well :( 2 marks gone :(:(

dude our teacher who is an examiner said it was magistrates wth :S

culpable driving isn't that serious of an offence! -.-'
Culpable driving is reckless driving causin harm... i think...

 but Does culpable driving mean someone died??
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: AVeryAverageUsername on November 10, 2010, 06:01:49 pm
I did magistrates as well :( 2 marks gone :(:(

dude our teacher who is an examiner said it was magistrates wth :S

culpable driving isn't that serious of an offence! -.-'
Culpable driving is reckless driving causin harm... i think...

 but Does culpable driving mean someone died??

That's what I'm wondering. Culpable driving causing death I definitely remember going over as a specific concept last year, I don't however remember whether it was separate to culpable driving itself :S
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Abdi on November 10, 2010, 06:03:33 pm
culpable driving doesn't necessarily always have to end in death... maybe damages to property and such? lol

man It better be Magistrates! :(
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: andy456 on November 10, 2010, 06:05:30 pm
According to http://www.woj.com.au/culpable-driving/

Culpable Driving: This offence covers homicides caused by the culpable driving of a motor vehicle. This offence is committed where a person drives a motor vehicle negligently, recklessly or whilst under the influence of drugs or alcohol.

Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: chrisjb on November 10, 2010, 06:06:17 pm
I said county. I remember going to a case last year on a school excursion for legal 1/2 and it was something to do with a guy who was drunk, speeding, hit a tree and killed his girlfriend and their baby... But the exact charge I can't remember :(

I hope county.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: saaaaaam on November 10, 2010, 06:07:52 pm
According to http://www.woj.com.au/culpable-driving/

Culpable Driving: This offence covers homicides caused by the culpable driving of a motor vehicle. This offence is committed where a person drives a motor vehicle negligently, recklessly or whilst under the influence of drugs or alcohol.

That sounds pretty serious to me :P

Are VCAA allowed to ask us something as specific as this?

It'd be different if they'd asked for the jurisdiction of the Magistrates or County, but it's not as if everyone studies culpable driving. I don't think it was mentioned once all year in my class.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: jamesss on November 10, 2010, 06:08:53 pm
Good. So long as other people put County too. :P

I absolutely loved the extended response on the adversary system. I didn't think they would put it on there though, so that was a nice surprise.

Strangely, it was the 1 and 2 mark questions that got me. Like the rights of the police and the individual. My teacher spent no time on these and basically told us to go memorise three of each. Which was fine except the ones I had learnt were all from before an arrest and the question asked for after. So I made an educated guess. I hope they're right.  
CRAP.... So fingerprinting is wrong???
what are police powers after an arrest

hmm... i think fingerprinting is right hopefully.. cause that's what i put down.

it would be silly to fingerprint someone before an arrest :S
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: AVeryAverageUsername on November 10, 2010, 06:09:57 pm
Well that's three marks down, I just realized I also put 44 MLCs instead of 40. Damn me thinking it was half -_-

The actual textbook doesn't mention culpable driving in any of the jurisdictions however, only reference is on page 36 (according to the index at least) and the Thomas Towle case. And that doesn't actually mention what sort of sentence that gives, only dangerous driving causing death has a max of ten years.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: flash36 on November 10, 2010, 06:10:07 pm
What rights did people put for after arrest?

It could include gathering evidence or questioning rights couldn't it?
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: andy456 on November 10, 2010, 06:11:51 pm
Well that's three marks down, I just realized I also put 44 MLCs instead of 40. Damn me thinking it was half -_-

The actual textbook doesn't mention culpable driving in any of the jurisdictions however, only reference is on page 36 (according to the index at least) and the Thomas Towle case. And that doesn't actually mention what sort of sentence that gives, only dangerous driving causing death has a max of ten years.
Whats an MLC??? cause im now thinking i got that one wrong
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: AVeryAverageUsername on November 10, 2010, 06:12:50 pm
Member of the Legislative Council. Question about the structure of Victorian parliament.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Spreadbury on November 10, 2010, 06:14:11 pm
I never have to think about legal again. I shall not wallow in any of my mistakes. Goodbye VN legal boards :)
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: chrisjb on November 10, 2010, 06:14:30 pm
Well that's three marks down, I just realized I also put 44 MLCs instead of 40. Damn me thinking it was half -_-

I don't think you'll lose marks for that.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: andy456 on November 10, 2010, 06:16:31 pm
I didnt write the number.... does that matter???
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: saaaaaam on November 10, 2010, 06:20:10 pm
I didnt write the number.... does that matter???


I shouldn't think so. So long as you provide enough information to get the marks. I didn't mention the number in each house but said it was bi-cameral, and then explained that in reference to the Victorian Parliament. Can't see why that wouldn't get the marks.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: chrisjb on November 10, 2010, 06:21:15 pm
I didnt write the number.... does that matter???


I shouldn't think so. So long as you provide enough information to get the marks. I didn't mention the number in each house but said it was bi-cameral, and then explained that in reference to the Victorian Parliament. Can't see why that wouldn't get the marks.

And didn't forget the governor.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: AVeryAverageUsername on November 10, 2010, 06:22:02 pm
I didnt write the number.... does that matter???


I shouldn't think so. So long as you provide enough information to get the marks. I didn't mention the number in each house but said it was bi-cameral, and then explained that in reference to the Victorian Parliament. Can't see why that wouldn't get the marks.

And didn't forget the governor.
Oh thank god. I was 90% sure we needed the governor but had this nagging doubt for some reason. Kept it in though. Good decision 0_0
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: chrisjb on November 10, 2010, 06:26:18 pm
I didnt write the number.... does that matter???



I shouldn't think so. So long as you provide enough information to get the marks. I didn't mention the number in each house but said it was bi-cameral, and then explained that in reference to the Victorian Parliament. Can't see why that wouldn't get the marks.

And didn't forget the governor.
Oh thank god. I was 90% sure we needed the governor but had this nagging doubt for some reason. Kept it in though. Good decision 0_0
I forgot to say bi-cameral or westminster :( I rushed that question cos it was the last one and I had to get back to Question 11 to finish it off, I just said 'the victorian parliament consists of a lower house (legislative assembly), an upper house (legislative council) and the governer (currently David De Kretza).'

I reckon I lost a mark for not using the term bicameral or westminster.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: claire92 on November 10, 2010, 06:32:30 pm
I loved this exam, very straightfoward, and I finished comfortably with enough time to check answers!

Wrote a very long essay for extended response, (chose B).

I hate the fact that of all the question in the exam, that stupid Q2 threw me off.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: aposta28 on November 10, 2010, 06:34:07 pm
That exam was too easy...

I was happy i got my parliament 10 mark, that i had practiced about 10 times :D
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: aposta28 on November 10, 2010, 06:36:20 pm
Poor people at my school
Some people didnt know what retention meant for Jury

Some person goes to me, i thought it meant not to retain. So said they were against it, but wrote reasons to keep it....

Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Christiano on November 10, 2010, 06:37:50 pm
I didn't finish on time :( I didn't mention bicameral or westminster for Victorian Parliament. I was also confused about the culpable driving, I put down Magistrates. Didn't finish the question on evaluating the strengths of doctrine of precedent.

It has been the easiest exam so far though.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Duck on November 10, 2010, 06:38:24 pm
What swayed me towards Magistrates' court was the fact that he was sentanced to 1500 hours of community service. Surely culpable driving causing death would not get a community based sentance?
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: s123456 on November 10, 2010, 06:38:32 pm
people didn't know what retention meant at my school too !! lol i only know it cause of psych ahha
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: aposta28 on November 10, 2010, 06:45:38 pm
I am sure that if they thought retention meant to abolish
and wrote reasons for. but said they didnt support abolishment..

I don't think they'll get penalized that bad. lol
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Hakusaki on November 10, 2010, 06:49:42 pm
"SEAN McCormick, 22-year-old Keysborough man involved in a hit and run accident has been charged at the Dandenong Magistrate’s court on one count of culpable driving and one count of reckless driving."

http://www.criminal-lawyers.com.au/web/page/vic_culpable_driving_causing_death

The county court deals with culpable driving causing death, but culpable driving doesn't necessarily cause death, but death or injury.

I think without the influence of alcohol or another substance, the 250 hours of community service + fine would be too lenient, but it didn't specify that. If those were factors, it would still have been in the Magistrates court according to

http://www.magistratescourt.vic.gov.au/wps/wcm/connect/Magistrates+Court/Home/Traffic+Offences/MAGISTRATES+-+Alcohol+Interlock+-+FAQs

Let me know what you guys think. I'm pretty convinced it's magistrates.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: AVeryAverageUsername on November 10, 2010, 06:51:57 pm
Would that be indictable tried summarily though? Does anyone remember where Thomas Towle was tried originally? I remember there being an appeal and him being in the Supreme Court at some stage but I can't remember if that was concurrently or not...I know he only got ten years though which would fit indictable held summarily.

That of course just raises the question...would it more likely to be a straight indictable or indictable held summarily according to VCAA?
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Hakusaki on November 10, 2010, 06:54:29 pm
Didn't specify, but I'm with Duck, negating the factors mentioned in my post would really make what the court decided on as 'way' too lenient. If the offense included death, then a jury would probably have been called in. But, if it's just an injury, there is more a chance it would be heard summarily, no?
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: AVeryAverageUsername on November 10, 2010, 06:56:13 pm
Edit: Woops didn't double post afterall XD

Maybe we were all wrong?
http://www.heraldsun.com.au/news/thomas-towle-appeals-length-of-sentence-received-after-he-killed-six-teenagers-in-mildura-crash/story-e6frf7jo-1225806679745
'A Supreme Court jury acquitted him of six counts of culpable driving...' talks about his appeal in the Court of Appeals from that sentence
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: claire92 on November 10, 2010, 06:57:13 pm
My teacher said either will have to be accepted, because it can be both. She said VCAA had to stuff up what could of be a completely straight forward exam.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: flash36 on November 10, 2010, 07:04:31 pm
Would a mention of bicameral or Westminster be required in q1?

I said the number of members for each house and the terms of service, and mentioned the Governoer as the Queen's Rep.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: chrisjb on November 10, 2010, 07:06:29 pm
My teacher said either will have to be accepted, because it can be both. She said VCAA had to stuff up what could of be a completely straight forward exam.

if this is true, the A+ cut off just got pushed up to about 60/60 :P
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Hakusaki on November 10, 2010, 07:08:02 pm
But that negates my other point. Thomas Towle's culpable driving caused death. This was not specified in the question.


Good link though.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: AVeryAverageUsername on November 10, 2010, 07:08:58 pm
But that negates my other point. Thomas Towle's culpable driving caused death. This was not specified in the question.


Good link though.
Yeah but they referred to it just as culpable driving...that could be the good old Hun at work though

Edit: Which makes me still unsure whether they're just one in the same offense.

Would be utterly hilarious if everyone got that wrong XD
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Hakusaki on November 10, 2010, 07:10:48 pm
Newspapers are not good with legal jargon. xD

But yeah, it was a ridiculous question to have in the exam 'anyway'.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: chrisjb on November 10, 2010, 07:15:13 pm
http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/

Only 'Culpable driving causing death' is listed in the crimes act (not just 'culpable driving'). Does the crimes act only list indictable offences or summary ones too?
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: AVeryAverageUsername on November 10, 2010, 07:18:50 pm
http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/

Only 'Culpable driving causing death' is listed in the crimes act (not just 'culpable driving'). Does the crimes act only list indictable offences or summary ones too?
Seems to be summary, you have theft and that there and by the looks of it all the assaults too.

Interests me there's still a crime for piracy...wonder if that one has ever been used
Edit: And yes it is of the 'arr' kind, not digital XD
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: andy456 on November 10, 2010, 07:19:27 pm
I think they should accept both as we were not meant to specifically learn each offences 'court,' but rather jurisdictions....
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: chrisjb on November 10, 2010, 07:20:48 pm
http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/

Only 'Culpable driving causing death' is listed in the crimes act (not just 'culpable driving'). Does the crimes act only list indictable offences or summary ones too?
Seems to be summary, you have theft and that there and by the looks of it all the assaults too.

Interests me there's still a crime for piracy...wonder if that one has ever been used

http://www.austlii.edu.au/au/legis/vic/consol_act/soa1966189/

That's the Summary Offecnes Act... which I didn't even know existed. I can't find it in there either, but then again, 'Culpable driving' could have an act all to itself (culpable driving act??). Anyway, i'm gonna go have dinner.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Hakusaki on November 10, 2010, 07:20:54 pm
Yeah, but if you look at the clauses

(2) For the purposes of subsection (1) a person drives a motor vehicle
culpably if he drives the motor vehicle-

   (a)  recklessly, that is to say, if he consciously and unjustifiably
        disregards a substantial risk that the death of another person or the
        infliction of grievous bodily harm upon another person may result from
        his driving; or

   (b)  negligently, that is to say, if he fails unjustifiably and to a gross
        degree to observe the standard of care which a reasonable man would
        have observed in all the circumstances of the case; or

   (c)  whilst under the influence of alcohol to such an extent as to be
        incapable of having proper control of the motor vehicle; or

   (d)  whilst under the influence of a drug to such an extent as to be
        incapable of having proper control of the motor vehicle.


That seems to indicate that there is a distinction, because it goes on to define what 'culpable driving' is, which does not, as it describes, always equal death, but can just be a terrible injury.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: darcy42 on November 10, 2010, 07:24:19 pm
I reckon they'll accept both.
That exam was a little too easy, a very high A+ cutoff is likely.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Hakusaki on November 10, 2010, 07:25:25 pm
Yeah, most likely accept both. :]
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: ezst on November 10, 2010, 07:30:55 pm
I did magistrates, as it was an indictable offence heard summarily.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Studyinghard on November 10, 2010, 07:38:10 pm
which one did everyone pick for the last question. i chose b) which was decent i thought. wrote a good 2.5 pages
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: aposta28 on November 10, 2010, 07:39:50 pm
I did parliament question
only because i practised that question like 5 times, as i was convinced this would be the 10 mark!
I got my wish, did about 3.5 pages for it
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Hakusaki on November 10, 2010, 07:40:11 pm
A. But I've always been more fond of Unit 3.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: AVeryAverageUsername on November 10, 2010, 07:41:07 pm
A. I worked in discussion about the new parliamentry numbers and how that could lead to watering down of legislation of benefit to the majority in order to please those 4 or 5 men. Or something along those lines XD
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: chrisjb on November 10, 2010, 07:49:01 pm
A, I talked about Joh Bjelke-Peterson, new parliamentry make up, Mabo (then realised that it didn't quite fit what the question was asking, so I added a paragraph at the end about trigwell), In futro, resources etc.

The B question was realy good this year, I would have chosen that if I had studied each equaly, but I had done A in every practice exam, so I did A... which was still a nice question.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: claire92 on November 10, 2010, 07:50:44 pm
B. Did so many practise question, and got 10/10 for the EXACT some question in my Sac so was very happy.

They said one reform, but I had plenty of time so did one for reach paragraph so the examiner has a pick of all the reforms.

I loved this exam, so much time,so I wrote the essay over 40 minutes, and still had twenty minutes to check and add to my questions.

Looking back, will I be penalised for including more reforms?
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Hakusaki on November 10, 2010, 07:56:43 pm
You don't get penalized for adding information, however, you will only be marked on what they specified. E.g If they asked you for two reforms, if you wrote three, they wont mark you down, but will only take into account two.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Studyinghard on November 10, 2010, 08:04:20 pm
You don't get penalized for adding information, however, you will only be marked on what they specified. E.g If they asked you for two reforms, if you wrote three, they wont mark you down, but will only take into account two.

i think more specifically, they will read the first two reforms and not even look at the third, even if the third one was better
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: andy456 on November 10, 2010, 08:19:18 pm
I picked A.....
Think I critically evaluated well enough....
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: millieB on November 10, 2010, 08:24:30 pm
coming out of the exam i felt pretty good, but now ive realised a few stupid mistakes of mine and so now im feeling pretty low  :(
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: miner111 on November 10, 2010, 08:46:08 pm
I did this last year and it was quite long, IMO. I wonder how it was this year...
I think it was at the same standard maybe a little easier if anything. Hope I did good ;)
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: lilaznkev1n on November 10, 2010, 09:04:07 pm
SO EASY!!!!!
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: nabbiechan on November 10, 2010, 09:20:36 pm
I attempted all questions and was happy for all except the last. I'm not sure if my handwriting is really small or did i just left a half a page out.  :-[

But all in all, easy exam. Got excited actually ;D
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: lara2707 on November 10, 2010, 09:21:03 pm
I struggled to finish! Other than that it was...OK.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: chrisjb on November 10, 2010, 11:15:57 pm
Last question on 2006 paper:

a. ‘Parliament is a very effective law-maker. There are no significant weaknesses in the way parliament
carries out this role.’
Discuss this statement and indicate the extent to which you agree or disagree with it.
Justify your conclusions.

Remind you of anything?
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: andy456 on November 10, 2010, 11:19:01 pm
I thought I had read the question before.......
just couldnt place it
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: KateS on November 11, 2010, 08:00:04 am
Good. So long as other people put County too. :P

I absolutely loved the extended response on the adversary system. I didn't think they would put it on there though, so that was a nice surprise.

Strangely, it was the 1 and 2 mark questions that got me. Like the rights of the police and the individual. My teacher spent no time on these and basically told us to go memorise three of each. Which was fine except the ones I had learnt were all from before an arrest and the question asked for after. So I made an educated guess. I hope they're right. 
CRAP.... So fingerprinting is wrong???
what are police powers after an arrest

I said that a police power is to detain the suspect for what is considered to be a 'reasonable' time, and that a right of the individual is to request a phone call to a friend or relative in that time. But I'm not entirely sure if that's right, and I've already thrown all my notes out so I can't double check haha
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: KateS on November 11, 2010, 08:03:50 am
Just found them on the computer:


Arrest - your rights

Police must tell you why you are being arrested
Must ‘caution’ you before questioning you formally
Can only hold you in custody for a ‘reasonable time’ without charging you
In most cases, you have the right to phone a friend or relative, and to phone a lawyer in private.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: wonkachic on November 11, 2010, 08:56:26 am
What swayed me towards Magistrates' court was the fact that he was sentanced to 1500 hours of community service. Surely culpable driving causing death would not get a community based sentance?
agree ^^!
and also the fact that Q2 stated. who would give the sanction in this case? and i thought this was a trick of the vcaa to try to get students to write straight away a Judge... but in the magistrates court it is a Magistrate.
fingers crossed!!
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: cleo_xo on November 11, 2010, 10:08:28 am
Good. So long as other people put County too. :P

I absolutely loved the extended response on the adversary system. I didn't think they would put it on there though, so that was a nice surprise.

Strangely, it was the 1 and 2 mark questions that got me. Like the rights of the police and the individual. My teacher spent no time on these and basically told us to go memorise three of each. Which was fine except the ones I had learnt were all from before an arrest and the question asked for after. So I made an educated guess. I hope they're right. 
CRAP.... So fingerprinting is wrong???
what are police powers after an arrest

I said that a police power is to detain the suspect for what is considered to be a 'reasonable' time, and that a right of the individual is to request a phone call to a friend or relative in that time. But I'm not entirely sure if that's right, and I've already thrown all my notes out so I can't double check haha

that's exactly what i said :)
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: aposta28 on November 11, 2010, 12:30:34 pm
I did the 2 very simple ones:

Right to remain silent (accused)


Demand for name and address of person charged   (police)
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: lara2707 on November 11, 2010, 01:09:12 pm
I said right to remain silent, and power to take body samples if consent is given or a court order is obtained :)
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: darcy42 on November 11, 2010, 01:27:29 pm
I said right to have an interpreter present during questioning if English is deficient,
and power to question arrested person for a reasonable period of time.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: flash36 on November 11, 2010, 02:36:53 pm
^ That's what I used.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: ezst on November 11, 2010, 05:08:36 pm
I said right to remain silent, and power to take body samples if consent is given or a court order is obtained :)
Exactly what i did. "The right to take DNA samples from an individual over the age of 18, when a court warrant is obtained"
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: dilan_892 on November 11, 2010, 10:03:13 pm
no it isnt
I did magistrates as well :( 2 marks gone :(:(

dude our teacher who is an examiner said it was magistrates wth :S

culpable driving isn't that serious of an offence! -.-'
Culpable driving is reckless driving causin harm... i think...

 but Does culpable driving mean someone died??
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Hellhole on November 12, 2010, 12:14:28 am
Just quickly, back to the 10-marker. How many pages did roughly everyone write? I wrote 2.5 or there abouts, hopefully covered enough. Probably just worried for no reason, but meh. Should be studying for business! FML.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: andy456 on November 12, 2010, 09:40:58 am
Just quickly, back to the 10-marker. How many pages did roughly everyone write? I wrote 2.5 or there abouts, hopefully covered enough. Probably just worried for no reason, but meh. Should be studying for business! FML.
just over 3.... i did the first one
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: babygurl on November 12, 2010, 11:54:30 am
Sorry, so why is fingerprinting wrong?
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: claire92 on November 12, 2010, 12:01:57 pm
Sorry, so why is fingerprinting wrong?

Because its a pre-arrest measure, however it can also be taken at arrest, during processing, so there is a bit of leave-way there.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: andy456 on November 12, 2010, 12:04:02 pm
Sorry, so why is fingerprinting wrong?

Because its a pre-arrest measure, however it can also be taken at arrest, during processing, so there is a bit of leave-way there.
In my textbook it has
-arrested and formally charged
-suspect questioned for reasonable time
-suspect fingerprinted; and DNA taken if required
-right to silence
then application for bail....

i think fingerprinting should be all good.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: babygurl on November 12, 2010, 12:04:40 pm
Crap! :( so do I most likely lose 2 marks for it??? I think I'm gonna cry!
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: babygurl on November 12, 2010, 12:05:44 pm
I really hope andy456 is right.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: andy456 on November 12, 2010, 12:06:23 pm
I really hope andy456 is right.
]
I hope so to cause I did fingerprinting also
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: lara2707 on November 12, 2010, 02:34:43 pm
I would have thought fingerprinting was fine :S
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: chrisjb on November 12, 2010, 02:40:14 pm
finger printing will be fine, they weren't trying to trip us up on that question I don't think.

Only thing is you might have needed to go into a little bit of detail with fingerprinting (like mention that there are age constraints) - unless the task word was 'list' or 'give' or something, but if it was 'explain' you probably shoul have mentioned the age barriers.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Cianyx on November 13, 2010, 08:57:52 am
Fingerprinting is indeed correct. It was a simple mark and question, don't think they were trying to be pedantic there
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: dse on November 14, 2010, 03:09:19 pm
i got a response from a teacher i know marking exams and he said that the answer to the question was county or supreme court, however as the 150 hours led so many students to answer magistrates, it is also being accepted. therefore, of course, the answer to the following question could have been either judge or magistrate. the only area where students might lose marks now is 1b, as that the queens representative (governor) was required to attain 2/2.
fingerprinting is also correct.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: saaaaaam on November 14, 2010, 03:15:29 pm
I didn't mention the Governor. :(

I explained that it was bicameral though. I was hoping that would be enough to get the marks.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: dse on November 14, 2010, 03:19:05 pm
i threw governor in at the last second. i just don't know why they're marking the culpable driving question so easily, it was pretty much the only question with the ability to trip students up and they've taken that away. they should have stuck with county/supreme and judge, if you got it wrong you got it wrong and lost marks, same as any other question.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: ezst on November 14, 2010, 04:40:41 pm
I find it stupid that we'll be marked wrong for not mentioning the governor. If i remember correctly the question stated "outlined" the "structure" of the Victorian Parliament. Not including the governor should't remove a mark because it's logical thinking that you'd get 1 mark for talking about VIC parliament being bicameral and stating the upper and lower house(There's your structure and 2 points summed up). Thus I didn't include him/her in my answer.

According to my text book the structure of Victorian Parliament is explained by, "It operates the same way as the commonwealth Parliament, with an upper and lower hourse. The upper house being the legislative council and the lower house being the legislative assembly".

Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: LFTM on November 14, 2010, 04:49:05 pm
I find it stupid that we'll be marked wrong for not mentioning the governor. If i remember correctly the question stated "outlined" the "structure" of the Victorian Parliament. Not including the governor should't remove a mark because it's logical thinking that you'd get 1 mark for talking about VIC parliament being bicameral and stating the upper and lower house(There's your structure and 2 points summed up). Thus I didn't include him/her in my answer.

According to my text book the structure of Victorian Parliament is explained by, "It operates the same way as the commonwealth Parliament, with an upper and lower hourse. The upper house being the legislative council and the lower house being the legislative assembly".



Why is it stupid?
Isn't the structure of vic parliament:
Governor
legislative assembly(lower house)
legislative council(upper house)

It's probably fair that we should be expected to mention governor.
Anyways that's just my opinion.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: saaaaaam on November 14, 2010, 04:54:16 pm
I find it stupid that we'll be marked wrong for not mentioning the governor. If i remember correctly the question stated "outlined" the "structure" of the Victorian Parliament. Not including the governor should't remove a mark because it's logical thinking that you'd get 1 mark for talking about VIC parliament being bicameral and stating the upper and lower house(There's your structure and 2 points summed up). Thus I didn't include him/her in my answer.

According to my text book the structure of Victorian Parliament is explained by, "It operates the same way as the commonwealth Parliament, with an upper and lower hourse. The upper house being the legislative council and the lower house being the legislative assembly".



Why is it stupid?
Isn't the structure of vic parliament:
Governor
legislative assembly(lower house)
legislative council(upper house)

It's probably fair that we should be expected to mention governor.
Anyways that's just my opinion.
To be honest, the fact that the governor was part of the structure of parliament was never discussed in my class. We only spoke about the bi-cameral nature of parliament.

I do agree that you shouldn't be penalised for not] mentioning something when you've provided sufficient information for two marks.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: Cianyx on November 14, 2010, 04:57:19 pm
Fuck. Missed out on the governor part
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: dse on November 14, 2010, 05:00:07 pm
i would have thought to attain two marks you would have to mention the names of the upper (legislative council) and lower (leg. assembly) houses, and then either drop the word bicameral or explain that the governor is the queen's rep. that all three were required for a simple two mark 'outline' question surprised me. but i suppose considering they eased up on an earlier question that was meant to polarise the best from the rest, they had to be stricter on an alternative question worth similar (or the same) marks.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: ezst on November 14, 2010, 05:07:49 pm
I find it stupid that we'll be marked wrong for not mentioning the governor. If i remember correctly the question stated "outlined" the "structure" of the Victorian Parliament. Not including the governor should't remove a mark because it's logical thinking that you'd get 1 mark for talking about VIC parliament being bicameral and stating the upper and lower house(There's your structure and 2 points summed up). Thus I didn't include him/her in my answer.

According to my text book the structure of Victorian Parliament is explained by, "It operates the same way as the commonwealth Parliament, with an upper and lower hourse. The upper house being the legislative council and the lower house being the legislative assembly".



Why is it stupid?
Isn't the structure of vic parliament:
Governor
legislative assembly(lower house)
legislative council(upper house)

It's probably fair that we should be expected to mention governor.
Anyways that's just my opinion.
I respect your opinion, although according to the text book the structure of victorian Parliament includes a bicameral system, and two houses ( Legislative assemly + Council).

Just annoys me!!! :)
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: LFTM on November 14, 2010, 05:41:32 pm
But if you think about it if you mention a bicameral system and both houses that should be sufficient for two marks.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: dse on November 14, 2010, 05:51:07 pm
i would have thought so too, but it was such an easy exam they have to mark it extremely strictly.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: andy456 on November 14, 2010, 10:39:30 pm
I am 99% sure you needed to say the governor as the structure is two houses and a queens rep.
My teacher talked about the danger of trying to pick where the marks went (ie one mark for naming the houses and one for mentioning bicameral) as it may lead you to write less than what you need to.

From experience queens rep must be mentioned in the structure of parliament
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: claire92 on November 14, 2010, 11:05:50 pm
Is there half marks in legal?

I heard aswell that Governor was required for 2/2, and furthermore I heard that for marks question two, to gain full marks, you needed either COUNTY COURT,SUPREME COURT,MAGISTRATES Court, all spelled correctly, and for the next party, the specific type of judge, i.e Magistrates JUDGE, County court JUDGE, i.e simply stating Magistrates would not gain you the mark.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: LFTM on November 14, 2010, 11:17:47 pm
Why are they being so tight...
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: dse on November 14, 2010, 11:21:28 pm
because it was such an easy exam. not too sure about having to drop the word judge..
i didn't say county court judge, merely 'judge', i would assume i will attain the mark?
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: chrisjb on November 14, 2010, 11:29:42 pm
I'm looking forward to reading the examiner's report when it comes out
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: LFTM on November 14, 2010, 11:41:19 pm
because it was such an easy exam. not too sure about having to drop the word judge..
i didn't say county court judge, merely 'judge', i would assume i will attain the mark?


I just wrote judge as well.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: saaaaaam on November 14, 2010, 11:53:32 pm
Honestly, if you wrote county for part a, then judge for part b, how can the examiners assume you meant any other judge than that of the county court?

If they really are being that picky then this is just ridiculous.
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: bigjim123 on November 15, 2010, 07:48:22 pm
Just to confirm the Jury question, on Neighbours tonight Steph was in the County Court on the charge of culpable driving
I don't think there's a better source lol
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: andy456 on November 15, 2010, 07:52:32 pm
Just to confirm the Jury question, on Neighbours tonight Steph was in the County Court on the charge of culpable driving
I don't think there's a better source lol
Its settled then. No need to dispute the matter any further.
LOL
Title: Re: LEGAL STUDIES EXAM THOUGHTS/DISCUSSION
Post by: LeeiieS on December 01, 2010, 08:48:06 am
What happens if You forget Specific Sections But is able to list its functions and how it effects the question