How did you go?

[connej]

What do you guys think will be the cut off for an A+? 

58, harder than previous exams imo, harder than any exam I've done and I've done A LOT

[sabii]

Hey Guys,

Im getting really scared, it seems to me as though the first questions answer was proclamation, and I put royal assent.

Also in Q10- regarding how courts change laws, could you have talked about courts making consistent and fair laws and changing it through RODD?

Also, I talked about the courts being on the same level and therefore the supreme court (trial division) was not bound to follow the precedent?

[sadboy222]

i have a feeling the A+ may be low this year so much ambiguity

[connej]

This is what I've got from my teacher,

As it is an notice that appeared in the gazette it is actually proclamation.
However, the question asks what the notice is referring to, which is royal assent.
It's a trick question, although I'm swinging more towards royal assent.

I will confirm this on Tuesday when I attend the assessors meeting and obtain the answers.

That had to be the trickiest first question ever? I hope they didn't fool me and its costs me an A+

[sadboy222]

ROYAL ASSENT FTW!

[jourdy]

http://www.aifs.gov.au/acssa/pubs/sheets/rs1/figure1.png
http://www.serratorelegal.com.au/supreme_court_appeals.html
http://books.google.com.au/books?id=D1O2QnXBC5AC&pg=PA200&lpg=PA200&dq=court+hierarchy+in+victoria+court+of+appeal&source=bl&ots=Z1sx_exLPO&sig=9dK3aLE52t62TqIDDdOuw4SyWGs&hl=en&sa=X&ei=MY2dUOjgPM-iiAe93IGIDg&ved=0CFAQ6AEwBjgU#v=onepage&q&f=false diagram on page 196
http://www.supremecourt.lawlink.nsw.gov.au/supremecourt/sco2_aboutus.html

No matter whether they are part of the same court technically, the man up there is right, the Court of Appeal is the Full Bench of the Supreme Court, Full Benches are higher than a single judge, which is why if a criminal case was ever heard in the original jurisdiction of the High Court (e.g. Treason), it could be appealed to the Full Bench of the High Court. Appeals can only go to higher courts, the Sentencing Amendment Act 2003 allows the Court of Appeal to create sentencing guidelines for other courts to follow. Under the Criminal Procedure Act 2009, people can be prevented from appealing if their appeal is extremely unlikely to be successful. The Court of Appeal is a higher court than the Trial Division, otherwise it wouldn't hear appeals.

[sabii]

What do you guys think will be the cut off for an A+? 

58, harder than previous exams imo, harder than any exam I've done and I've done A LOT

I felt that the exam could have been easier if it was WORDED BETTER

[michak]

http://www.aifs.gov.au/acssa/pubs/sheets/rs1/figure1.png
http://www.serratorelegal.com.au/supreme_court_appeals.html
http://books.google.com.au/books?id=D1O2QnXBC5AC&pg=PA200&lpg=PA200&dq=court+hierarchy+in+victoria+court+of+appeal&source=bl&ots=Z1sx_exLPO&sig=9dK3aLE52t62TqIDDdOuw4SyWGs&hl=en&sa=X&ei=MY2dUOjgPM-iiAe93IGIDg&ved=0CFAQ6AEwBjgU#v=onepage&q&f=false diagram on page 196
http://www.supremecourt.lawlink.nsw.gov.au/supremecourt/sco2_aboutus.html

No matter whether they are part of the same court technically, the man up there is right, the Court of Appeal is the Full Bench of the Supreme Court, Full Benches are higher than a single judge, which is why if a criminal case was ever heard in the original jurisdiction of the High Court (e.g. Treason), it could be appealed to the Full Bench of the High Court. Appeals can only go to higher courts, the Sentencing Amendment Act 2003 allows the Court of Appeal to create sentencing guidelines for other courts to follow. Under the Criminal Procedure Act 2009, people can be prevented from appealing if their appeal is extremely unlikely to be successful. The Court of Appeal is a higher court than the Trial Division, otherwise it wouldn't hear appeals.

Well then could someone please answer me this: when would disapproving be used? there are no other courts on the same level in the same hierarchy

[jourdy]

Disapproving is used when the precedent set was in the same court. For example if the Supreme Court set a precedent 3 years ago and heard a case of similar facts today, they could disapprove of that previous precedent.

[meganrobyn]

Number of judges. Number wins. Same as the Full Bench is higher than the Full Court of the HCA even though it's exactly the same people. If the CoA wasn't higher you couldn't appeal there.

disagree

Well, that's nice - but it's still correct.

[michak]

Disapproving is used when the precedent set was in the same court. For example if the Supreme Court set a precedent 3 years ago and heard a case of similar facts today, they could disapprove of that previous precedent.

Umm that is what i have been saying this whole time
the trial division and the court of appeal are both apart of the supreme court
Thankyou for proving what i have been saying all along

[jourdy]

When talking about the Supreme Court, I am talking about the Trial Division. Put that same example in use for the County Court.

[jourdy]

Take Grace v. Fraser (1982), a case appealed to the Trial Division of the Supreme Court on a point of law relating to the Motor Car Act. The decision of the judge in this case set a precedent (though it was abrogated very quickly). That case could be disapproved by future Supreme Court Trial Division judges if it wasn't abrogated.

[ktrah]

Number of judges. Number wins. Same as the Full Bench is higher than the Full Court of the HCA even though it's exactly the same people. If the CoA wasn't higher you couldn't appeal there.

disagree

Well, that's nice - but it's still correct.

Wait so, Megan what's the answer haha? Does that mean disapproving won't be accepted?

[connej]

What do you guys think will be the cut off for an A+? 

58, harder than previous exams imo, harder than any exam I've done and I've done A LOT

I felt that the exam could have been easier if it was WORDED BETTER

amen.