Questions!

[panicatthelunchbar]

Hey guys, I've had trouble with a few questions from holiday homeowork! Any help would be appreciated

What is an explanatory memorandum and why is it necessary?
What is a statement of compatibility?

Thanks

[eeps]

What is an explanatory memorandum and why is it necessary?
What is a statement of compatibility?

Thanks

1. I can't remember. I think it just explains an Act or something. Not too sure.
2. The statement of compatibility is used during the legislative process (during the second reading), when a bill is being passed through the Victorian Parliament. It's where the proposed law/bill is compared to the Victorian Charter of Human Rights and Responsibilities; to see whether it infringes on our rights or not. If it does, then it will not be passed. The statement of compatibility is there to ensure that any bill passed through the Victorian Parliament doesn't violate our rights. Note that this only occurs in the Victorian Parliament. There isn't a statement of compatibility at the federal level.

[Mech]

Been a while. Explanatory memorandum, I think, is a note in addition or within the Act to give the rationale/explanation of the contents of the Act. The statement of compatibility is the introducing member of the Victorian Parliament attaching or articulating that the - proposed law - Bill is not in conflict with the Victorian Charter of Human Rights and Responsibilities Act 2006 (from memory re: the date). If that is in the first or second reading, I am not sure. I would have thought a member would declare the Bill is compatible before it was discussed; that just might be my forgetfulness showing. Epl did a nice job of making it clear that the Statement is only applicable to Victoria; we do not have such a statute at the Federal level.

Did some research for you:

There is the general reasoning for the Statement of Compatibility

Google has a text and some information about the Charter

I would get my textbooks out, but they are in storage.

[panicatthelunchbar]

Thanks epl and mech, great help!! awesome links too!

[Mech]

Thanks epl and mech, great help!! awesome links too!

You are most welcome! Good luck with Legal. It can be a fun subject. 

[panicatthelunchbar]

Thanks, I love it! But I've heard its a difficult subject :/

[Mech]

Thanks, I love it! But I've heard its a difficult subject :/

It can be difficult to get a fleshy Study Score. By this I mean a high 30's or a mid to low 40. You have to rank well in your SACs and make sure your cohort is fairly strong in addition to acing that exam. You can do it though. You just have to be terse (or some would say economical) and make sure you know what each term in a question specifically wants. Commit lots of data to memory - you will need it - and write summaries regularly. Just dot point it all in a form you understand; some studies suggest using colour improves notes and their integration into long-term memory, so I would suggest maybe using colour if that is your thing. Diagrams can be great for Legal, too. Court Hierarchies, Referendum Process, Parliamentary Processes and so forth can be summarized in diagrams. Also suggest making sure you buy a good summary book with study notes highlighting key aspects of change or consult your Study Plan - if you can get the teacher annotated one off of VCAA, I suggest you do. Really handy.

[eeps]

Thanks, I love it! But I've heard its a difficult subject :/

- How difficult is Legal 3&4?
- 2012 Legal Studies Class (Unit 3/4)
- Legal? Hard or easy?

In addition to what Mech said, I would read the above threads too. Legal Studies is difficult in that it's very competitive at the top end. The difference between a score of 40 to 45 etc. can be a matter of marks; which is why it is imperative you maintain a high ranking in your cohort. And yes, SACs do matter - as they count for 50% of your study score in this subject.

[panicatthelunchbar]

Thanks so much, really do appreciate the info and advice! Its a better feeling knowing that it is possible I would give you those points, but I actually don't know how to :/

[panicatthelunchbar]

Hey guys, could u help me out with this one please!? We are required to collect articles that discuss changes to the law or suggested changes to the law. I've got these but I don't know what the teacher means by explain the area of law being addressed. Is this civil/criminal, or environment/animal laws/tax/transport etc?? Thanks

[Mech]

Hey guys, could u help me out with this one please!? We are required to collect articles that discuss changes to the law or suggested changes to the law. I've got these but I don't know what the teacher means by explain the area of law being addressed. Is this civil/criminal, or environment/animal laws/tax/transport etc?? Thanks

You only study civil and criminal. I guess you could say it is one or the other and then summarise what the nature of the case is. You do not need to know those areas of law; you need to know a bit of torts and contract law down the track though.

[panicatthelunchbar]

So for an article on a couple wanting to choose IVF baby's sex, what would the area of law be and why would we want a change on this type of case?

[Rhettski999]

The broad area would certainly be civil as opposed to criminal. From memory, advances in technology would underpin this particular informal push for change in the law. The reason it needs to change is because the law must work in tandem with the current technological systems to provide an up-to-date means of ensuring cohesion within society, hence ensuring that the law does not become outdated and ignored.

[Liuy]

The broad area would certainly be civil as opposed to criminal. From memory, advances in technology would underpin this particular informal push for change in the law. The reason it needs to change is because the law must work in tandem with the current technological systems to provide an up-to-date means of ensuring cohesion within society, hence ensuring that the law does not become outdated and ignored.

To add to that, as well as ensuring cohesion, advances in technology can possibly result in new ways of individuals' rights being exploited or groups/individuals being harmed. This means that the law needs to keep up with technology to minimize these new frontiers and protect the community from possible harm.