HSC Stuff > HSC Legal Studies
HSC Legal Studies Question Thread
Beata.Lobo:
Hi Elyse,
I was wondering how do you incorporate LCMS (Legislation, Case Law, Media Reports and Statistics) into legal studies essays?
Thank you.
jamonwindeyer:
--- Quote from: Beata.Lobo on March 18, 2016, 05:18:26 pm ---Hi Elyse,
I was wondering how do you incorporate LCMS (Legislation, Case Law, Media Reports and Statistics) into legal studies essays?
Thank you.
--- End quote ---
Hey Beata.Lobo! There is really no easy answer to that question. I think it totally depends on the essay your are writing.
Basically, you should use LCMS (my version is LCMTR, Laws, Cases, Media, Treaties, Reports, but same thing)[/b] to prove the points you make in your essay. Some examples:
==========
The three-tier warning system contained within the Young Offender's Act 1997 (NSW) is an effective mechanism for achieving justice for young offenders, as the legal system has clearly adapted a more rehabilitative approach to juvenile crime.
The partial defence of provocation is often criticised as neglecting retribution for victims, perhaps exemplified most acutely by the case of R v Signh (2012). A charge of manslaughter by way of provocation lead to a prison term of just 6 years, viewed by many as grossly inadequate given the serious nature of the "ferocious attack" ('Six Years for Killing Sparks Law Review', SMH 2012).
==========
What you'll see here is that the laws/cases/media are just a natural part of the argument. I want to talk about how the legal system encourages rehabilitation, and my example is the law. I want to talk about how some defences take away the rights of the victim to retribution, and the example is the case (and I use the media article to show public opinion).
In general:
- Laws/Treaties are effective to show the legal response to an issue.
- Cases are effective to show how laws are interpreted in contemporary scenarios. Sure, the laws are effective in theory, but are they being applied correctly by judiciaries?
- Media Articles are effective to show public opinion
- Reports/Statistics are good to support any points and show depth of knowledge. They are a nice way to build sophistication of your argument.
I hope this little run down helps! I personally had heaps of trouble putting media into my essays, then someone explained to me the idea that media articles represent public opinion, and I was all set. I hope something here creates that "Eureka" moment for you ;D
zeinabalaouie:
I have to write an essay on police discretion, I understand the meaning of discretion within the legal system and the concepts of it, but one thing I can't seem to find is the legislation that gives police such powers!! do you have any idea which legislation goves police the right to discretion????
elysepopplewell:
--- Quote from: zeinabalaouie on March 20, 2016, 09:32:43 am ---I have to write an essay on police discretion, I understand the meaning of discretion within the legal system and the concepts of it, but one thing I can't seem to find is the legislation that gives police such powers!! do you have any idea which legislation goves police the right to discretion????
--- End quote ---
Hey there! Very interesting essay question, quite specific that they would make it particularly about police discretion. The legislation that you are looking for is LEPRA 2002 - Law Enforcement (Powers and Responsibilities) Act 2002. Discretion is implied throughout the act, but you can use this break down here: http://www.austlii.edu.au/au/legis/nsw/consol_act/leara2002451/ to have a close look. Have a look at Part 4 specifically - without using the word discretion directly, this specifically gives Law Enforcement the ability to make judgements without a warrant for the greater good. Hopefully this helps! :)
Nicki:
Hi!
this might be a stupid question but i have a legal studies test on human rights, just multiple choice and short answer, but i was just wondering what do you reckon is the most effective way to remember the content?? I'm using the legal book from atar notes (which is amazing) along with my class notes and just reading and saying the content out loud, i am starting to remember stuff but just for trials and hsc what do you recommend to ensure i know most of it so i don't get stuck at a question?
thank you :)
Navigation
[0] Message Index
[#] Next page
[*] Previous page
Go to full version