legal vce exam answers

[M_BONG]

I did the same for HC, as in the interpretations can cause legislation to be declared invalid e.g. Roach case and can also allow implied rights to rise e.g. right to freedom of political communication. Again, I then explained the First Uniform Tax case to demonstrate how the interpretation caused a shift in the balance of power

Do you think this is right... or have I gone way way way offtrack in trying to analyse the impact of referendums/HC interpretation. Hated this question on the exam! I was so confused how two cases could equal 8 marks.

To be honest, I think the question only asked for an analysis on the HC's effect on the division of power. I don't think talking about how they can declare legislation invalid will achieve you any marks. Also, Roach's case is not appropriate here nor is implied rights because they all don't change the division of power. But with an eight marker they can't deduct marks if you write wrong things (global marking),  so hopefully your division of power content compensates for it.

[lloyd18]

To be honest, I think the question only asked for an analysis on the HC's effect on the division of power. I don't think talking about how they can declare legislation invalid will achieve you any marks. Also, Roach's case is not appropriate here nor is implied rights because they all don't change the division of power. But with an eight marker they can't deduct marks if you write wrong things (global marking),  so hopefully your division of power content compensates for it.

yep, agreed with Bong those things that you have mentioned do not relate to division of powers, for example the roach case is a good example of protecting rights through representative gov, i.e right to vote, but doesnt related to a shift of powers which is what the questions is demanding.

[hola123]

To be honest, I think the question only asked for an analysis on the HC's effect on the division of power. I don't think talking about how they can declare legislation invalid will achieve you any marks. Also, Roach's case is not appropriate here nor is implied rights because they all don't change the division of power. But with an eight marker they can't deduct marks if you write wrong things (global marking),  so hopefully your division of power content compensates for it.

Fair call mate. I just didn't see how two cases and an explanation of their impact on power could be 8 marks. The content in it would be no where near as much as I'd usually write for such a large question. However, giving the strengths and weaknesses of the impact as a result of cases sounds like a probable way to go... I guess we'll have to wait and see for the examiners report. Hope you aced your first VCE exam. Only 5 to go!

[levfre81]

cant now but ill write the questions and the associated marks.
(1) 2 marks- other than doctrine of precedent whats another reason for court hierarchy?
(b)2 marks-  outline why the supreme court(court of appeal) does not have to follow its previous decisions?
(2) 3 marks- explain the role of the senate in the law- making process?
(3) 2 marks- describe one restriction that is imposed by the constitution on the law making powers of the state parliaments.
(b) 4 marks- identify two types of law making powers of the state parliaments, provide an example of each.
(4) 3 marks- sophie has civil dispute with neighbour. she is seeking $500,000 in damages. Sophie thinks that
.her trial will be heard in the magistrates' court
. she will have a trial heard by a judge and a jury of 12 people
. she can go to the VLRC to seek legal advice
outline why each statement is incorrect.
(5) 2 marks- provide one reason why a court may need to interpret statute
(b) 3 marks- "parliament cannot make laws that override decisions made by the supreme court of victoria"-is this correct or incorrect?
(6) 4 marks- describe two dispute resolution methods that were used by the courts
(7) 4 marks- one similarity and one difference between aus approach and a country of your choices protection of rights
( 5 marks- "commital hearings are comlplicated and serve no useful purpose"- discuss the extent to which you agree or disagree with this statement.
(9)5 marks- "trial by jury is inefficient and outdated"- discuss two possible reforms to the jury system
(10) 6 marks- evaluate the effectiveness of two methods that are used by individuals or groups to influence a change in the law
(11)7 marks- vcat is always better option to resolve civil disputes than courts because it is less expensive and quicker- do you agree with this statement?
(12)using one referendum and one higgh court case, analyse the impact of referendum and the high courts interpretation of the commonwealth constitution on the division of law making powers.
(13)discuss the extent to which the adversarial system achieves one of the elements of an effective legal system. in your answer, compare two features of adversary with inquisitorial system.

For question 5b for 3 marks did you have to use an example of parliament abrogating like in trigwells case to get full marks?

[lloyd18]

nah no examples are necessary

[lloyd18]

joseph remember

[mdotwillo]

(9)5 marks- "trial by jury is inefficient and outdated"- discuss two possible reforms to the jury system.

Was this actually out of 5? I don't remember if it was 4 or 5...

If it was 5, could you explain the mark allocation?

I defined what a reform actually was, then talked about (1) juries required to give reasons, with a couple of strengths and a couple of weaknesses, and (2) relaxing the exclusionary provisions when selecting a jury, with only one strength and two weaknesses.

Also can we talk about the mark allocation for the 10 marker? Because aren't the % of students who get full marks for that question normally in single digits? (Can't be bothered checking past exams). So I'd imagine the assessors would be ordered to mark quite hard given it was one of the easier 10 markers I had come across...

EDIT:
2012- 10/10 was achieved by 4% of students (9/10 by 5%)
2011- 10/10 was achieved by 10% of students (9/10 by 8%)

[lloyd18]

Was this actually out of 5? I don't remember if it was 4 or 5...

If it was 5, could you explain the mark allocation?

I defined what a reform actually was, then talked about (1) juries required to give reasons, with a couple of strengths and a couple of weaknesses, and (2) relaxing the exclusionary provisions when selecting a jury, with only one strength and two weaknesses.

Also can we talk about the mark allocation for the 10 marker? Because normally aren't the % of students who get full marks for that question normally in single digits? (Can't be bothered checking past exams). So I'd imagine the assessor's would be ordered to mark quite hard given it was one of the easier 10 markers I had come across...

EDIT:
2012- 10/10 was achieved by 4% of students (9/10 by 5%)
2011- 10/10 was achieved by 10% of students (9/10 by 8%)

i presume for question 5 a mark each for the reforms, so thats two out of the five and then three marks on discussing how these reforms can make the jury efficient and relevant, strengths and weaknesses is a good way to go.

q 10: yeh its hard always cause they can take marks off for expression and such like an english essay, not much just like 1 mark or something but still. theres 4 marks in identfying two adversary and comparing with inquis. then a mark for linking features of adversary to one element. the remainder 5 marks is talking about the features and discussing how they achieve this element, i would look at aspects that achieve  it and aspects that hinder it, so strengths and weakness of each feature, i would do at least 4 features i.e judge, legal rep, parties, rules of evidence and procedure.

[vashappenin]

Is this a set standard allocation? Because I didn't follow that allocation but still had a lot to talk about, with my answer filling up all the given space

[lloyd18]

Is this a set standard allocation? Because I didn't follow that allocation but still had a lot to talk about, with my answer filling up all the given space

nah man in the 10 marker there is no real structure that anyone has to follow, thats just an idea, and what id personally do, but that is definitely not the only way.

[mdotwillo]

nah man in the 10 marker there is no real structure that anyone has to follow, thats just an idea, and what id personally do, but that is definitely not the only way.

So they really just mark it globally? But in saying that, a nice structure really helps?

Because yeah I didn't follow the structure you suggested, I actually filled two pages just comparing two features of adversarial and inquisitorial, but surely they'll mark on the quality of writing over anything else (i.e. full marks will be rewarded to those who make it easy for the assessor to assume you know your stuff, given the depth and relevance of the writing provided)

[lloyd18]

So they really just mark it globally? But in saying that, a nice structure really helps?

Because yeah I didn't follow the structure you suggested, I actually filled two pages just comparing two features of adversarial and inquisitorial, but surely they'll mark on the quality of writing over anything else (i.e. full marks will be rewarded to those who make it easy for the assessor to assume you know your stuff, given the depth and relevance of the writing provided)

yep they mark it globally, well the most important thing is first getting the facts correct, like no misconceptions then its based on structure, that is answering the question and also understanding what 'extent' means that being you have to make a judgement and prove it through discussion, that is generally through strengths and weaknesses. it probably has to have a intro and conclusion, and your expression has to be clear and writing legible, then if all that is fine then you will get the 10.

[mdotwillo]

yep they mark it globally, well the most important thing is first getting the facts correct, like no misconceptions then its based on structure, that is answering the question and also understanding what 'extent' means that being you have to make a judgement and prove it through discussion, that is generally through strengths and weaknesses. it probably has to have a intro and conclusion, and your expression has to be clear and writing legible, then if all that is fine then you will get the 10.

Okay great, thanks, that clears it up 

I know there are so many variables from year to year, but given your time in Legal, what SS would you expect the following to get:
G.A #1- 94/100
G.A #2- 94/100
G.A #3- 68/70

[lloyd18]

Okay great, thanks, that clears it up 

I know there are so many variables from year to year, but given your time in Legal, what SS would you expect the following to get:
G.A #1- 94/100
G.A #2- 94/100
G.A #3- 68/70

normally id say 49, but because this was a relatively easy exam, a safe bet would be 48

[mdotwillo]

normally id say 49, but because this was a relatively easy exam, a safe bet would be 48

Great, thanks!

Yeah the relatively easier difficulty level of the exam, I'd imagine, is making it hard for many to predict what score they'll be getting. Makes the wait that bit more anxious, but exciting at the same time.