Legal Unit 3 AOS 2 (Constitution part a & b)

[Firemurphy]

Hey, can I get an assessor of VCE legal or anyone who have done legal before to answer this question.

i have a slight feeling my teachers are marking ridiculously harshly.

1) I lost three marks on my constitution SAC on a question which asked me to "EXPLAIN RESIDUAL, CONCURRENT AND EXCLUSIVE POWERS' because I did NOT include examples. (worth 2 marks each) Does 'explain' carry the implication that you have to include examples? The question itself did not ask for an example, but in my marking sheet my teacher wrote "well explained but no examples given"

2) Are marks taken off at the end of year exam if we do not write "s128" specifically when a question asks you to describe the referendum process?- that is, if you describe, in absolute precise detail the full referendum process, but does not mention this is enshrined in s128 can you lose a mark?
*edit, I also lost 1 mark for not writing "s109" specifically when talking about conflicts between state and c'th laws in concurrent powers. Is this fair? Can you lose marks for not mentioning a section number specifically EVEN IF the study design states you need to know them?
3) Can you be penalised for not specifically writing "s7 and s24 when describing Roach?" I wrote Roach ruled that there was a structurally protected, limited right to vote. My teacher took 1 mark off because I did not write explicitly s7 and s24.

Sorry guys I am just really annoyed at how well I knew the topic but was penalised in minor areas by my teacher that I don't think was all that necessary. Opinions?
I have not done legal studies before (I did unit 3/4 without 1/2) so I do not know the procedures, can I get someone to clarify the points that I raised? Am I complaining too much or was there a flaw in marking?

[mishamigo]

From my experience, these are all worthy of losing marks.
S128 and s109 must be mentioned in relevant questions, and s7/24 for relevant cases, or when explaining representative government. As for the examples, you may get away with it if it's only a 2 mark question, but anything more and you'd need examples.
Don't be hard on yourself, just learn from your mistakes and be thankful you found out now and not after the exam!

[DetteAmelie]

1) Depends on the amount of marks awarded for the question. If it was 6 marks, then yes examples were needed.
2) Definitely! S109 and S128 are important. In my opinion marks should be deducted if a student fails to mention them. (Maybe at least half a mark for every section missed, although I know a lot of schools don't use half-marks).
3) Yes.

[michak]

Yep everything said above is correct. Especially with section 128 you need to write considering it is even mentioned in the study design.
Also things like this take like a second to write so it isn't that big of a deal to add to your answer.
When explaining the powers I would always use an example just in case.

By the way you are talking it seems like you know the course pretty well so you probably know these sections and examples so even of you are unsure add them, you won't lose marks unless the example or section number is wrong.

[Firemurphy]

yeah i know the sections, i just didn't bother writing section numbers because i thought it was not necessary because i was explaining the concept in detail anyway, my bad.

for the example question, they were all worth 2 marks each so i thought i didnt need examples just a solid explanation.

[michak]

yeah i know the sections, i just didn't bother writing section numbers because i thought it was not necessary because i was explaining the concept in detail anyway, my bad.

for the example question, they were all worth 2 marks each so i thought i didnt need examples just a solid explanation.

So that would have been a 6 mark question, yeah need examples.

[mishamigo]

yeah i know the sections, i just didn't bother writing section numbers because i thought it was not necessary because i was explaining the concept in detail anyway, my bad.

for the example question, they were all worth 2 marks each so i thought i didnt need examples just a solid explanation.

Yep- 1 mark for explaining the concept and 1 mark for an example.

[DetteAmelie]

I think the best thing to do OP is to take this as a lesson.
You marks can't change now, all you can do is refine your techniques and remember to provide examples for the rest of your SACS. Don't let this bog you down

Take care! And good luck for the rest of your SACS

[eeps]

Looking at the bigger picture, I wouldn't worry too much about losing a couple of marks here or there. In my experience, some teachers may be pedantic with marking SACs so that it gets you into the habit of giving examples (i.e. section numbers) when it comes to doing practice exams, and eventually, the actual exam.

[Dejan]

It's better making these mistakes rather than make them in the actual exam

[TheWackyCheese]

You should always mention Section 109 when explaining concurrent powers and the same goes for Section 128 for referendums.

Example: "Concurrent Powers are law-making powers that are shared by the Commonwealth and State parliament. Both the states and the Commonwealth can legislate in areas of concurrent power however, if there is an inconsistency with the laws created, Section 109 states that the Commonwealth law will prevail and that the inconsistent State law will be declared invalid. Examples of concurrent powers include..."

"The process of a referendum is outlined in Section 128 of the Commonwealth Constitution. After there is a perceived need for change..."

I got 100% on the SAC and didn't mention the Section Number of the External Affairs Power in regards to the Tasmanian Dam Case.

[meganrobyn]

You WANT your teacher to crucify you in SACs. As long as everyone in your school is marked the same way, you want to be drilled into the ground in SACs - too many people get an inflated sense of their own performance in SACs because they keep getting 90% or higher, and they just WON'T get that in the exam (I'm speaking in generalisation, here). Look at the statistics for exam raw scores; if anything, ask your teacher to find *more* problems in your work!

Also, statistically it works slightly in your school's favour with the moderation process if the teachers report lower SAC marks than the average exam mark ends up being.

Okay, as for the questions:

1. An absence of examples would not necessarily lose you marks if the question did not ask for them... but considering your definitions are probably around one mark each, what extra info are you going to include to get the second? Merely saying the same info with more words isn't adding any content. Use examples. Wherever possible.

2. Same. Won't necessarily lose you marks unless the question asks for them, but why take the risk of leaving them out? The best students will generally all have them in their answers.

3. In my personal opinion you don't need ss7 and 24 for Roach because the whole point is that it's a structural protection rather than an implied right - meaning it is taken from the overall structure of the Constitution and the principles established in it, and not one or two individual sections. I recommend my students follow this by saying "in particular, ss7 and 24" just to be safe, but I personally would not dock you for not including them. You have to realise that some marking points are always going to be subjective, though.

(Just re s109, don't forget to finish that sentence by saying "...invalid *to the extent of the inconsistency*"!! )