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Author Topic: HSC Legal Studies: Suggested Answers and Discussion  (Read 24099 times)

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jamonwindeyer

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HSC Legal Studies: Suggested Answers and Discussion
« on: November 01, 2016, 11:14:01 pm »
Well that's the Legal exam done! I'll be uploading our suggested answers periodically, but while we do let's hear your thoughts! How was that exam?

A Copy of the Exam is here if you need it!

PS - Young Offenders; totally called it ;) keep scrolling for my commentary and suggested answers!


Multiple Choice Answers
If you are unsure why I've chosen something or think I've misinterpreted, please don't be shy, let me know by replying below!

Q1: D - EU is an IGO
Q2: B - Committal hearings establish if there is enough evidence to proceed to a higher court
Q3: C - Remand is where the person is held in custody before Trial
Q4: B - Since the original decision was made in Local Court, an appeal would go to District Court
Q5: D - First tricky question, the UDHR is not a treaty. Thus, the answer is D.
Q6: B - Diversionary programs are aimed at reducing recidivism
Q7: A - ICC handles cases of Crimes Against Humanity
Q8: C - The judge applied judicial discretion to not record the conviction
Q9: B - Self determination is such a popular question now...
Q10: C - This is an example of insider trading (economic offence)
Q11: B - The other options do not describe this scenario
Q12: B - It needs to be a Strict Liability Offence, and speeding is the only option that suits this
Q13: A - Governments are not obliged to abide by international standards, they can withdraw due to state sovereignty
Q14: A - Searches of property require a warrant (the crime does not qualify for a covert search, and the other answers do not make sense)
Q15: C - Provocation is the only partial defence listed
Q16: C - Separation of powers dictates that the judiciary be separate from the legislature
Q17: D - D is the most appropriate answer (see Dietrich v Queen (1992)). Best to apply process of elimination in this question.
Q18: A - This is a post sentencing consideration; non-Australian citizens can be deported in certain circumstances. This was a tricky one; very specific.
Q19: D - This is a very tough one. This refers to guideline judgements, which are actually handled by the NSW Sentencing Council (applied for by the Attorney General to the NSW Court of Criminal Appeal) to add some structure to judicial discretion. They are NOT set by the DPP, and they are NOT set by the NSW LRC. The most appropriate answer here is D.
Q20: A - Another good one for process of elimination. The prosecution can always cross-examine, and the accused has every right to raise the evidence. The jury does not take a proactive role in the Adversarial System, so A is likely to be the correct answer.


Commentary from our Legal Lecturer (that's me!)
This was, being honest, a very kind exam in many ways! Compared to some other humanities, we got pretty lucky!

The multiple choice had some doozies, but it always does. On the whole, not a super difficult section, though there were definitely a few that I view as very tricky (yay, I've got questions to add to my Kahoot's in next years lectures).

The short answer was nice in that it was very broad. You got your contemporary issue as your big question, but you could discuss it in a quite a broad sense, so it wasn't too bad! Hopefully you had plenty to discuss to get either 6 or 7. Those who attended my Legal lecture in early October had some practice for Question 22 on the Charter of Rights, which was a due question, so probably no huge surprise. A bit steep for 6 marks on a fairly small point! The first 2-marker on human rights in domestic legislation could have thrown a few people, but on the whole, the short answers were accessible.

The Crime essay should have been no surprise to anyone who has been on the forums, or who went to my lecture in early October. It was always the most likely option (next year now becomes much tougher to predict). I'd been encouraging to prepare for it, and it sounded like a lot of you had been from your posts, so hopefully that preparation helped you out!! ;D thankfully they didn't really blend a theme/challenge, because I think Young Offenders is restrictive enough as it is! (PS - I've predicted the Crime essay question two years in a row now, I'm pretty chuffed with myself, but I should probably quit while I'm ahead... ;))

Click Here for Some Commentary on FAMILY and WORLD ORDER
On the Family Option, for those interested, the surrogacy question was another strong possibility that I was advising at the recent lectures. If they went specific, that is something they hadn't targeted yet, but to be honest I hated writing essays on it. I would definitely have picked the conflict question personally; it is broad enough to allow you to discuss divorce, domestic violence, and care and protection of children. They kept the usual pattern; one specific and one broad, so overall not too shabby!

On the World Order Option, for those interested, the questions were actually both quite specific! One was cooperation, one was R2P/State Sovereignty. The cooperation one could be approached broadly if you liked; talk about how the UN, ICJ, IGO's etc all encourage cooperation. It could easily be turned into an "evaluate responses" essay. The Sovereignty/R2P one would have been personally tougher for me, perhaps best approached with a series of case studies? Not sure, what did you guys do?

On the whole, this exam could have been a hell of a lot worse. That said, there were a number of areas that picked on relatively small parts of the syllabus (the crime essay included, even though it was a predictable question). For that reason, don't stress if you found one section particularly tough, because in an exam like that you are bound to have trouble at least somewhere!
« Last Edit: November 02, 2016, 02:43:40 pm by jamonwindeyer »

rinagee12

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Re: HSC Legal Studies: Suggested Answers and Discussion
« Reply #1 on: November 02, 2016, 01:15:47 pm »
Loved it! Pretty straightforward / typical / predictable. I did Consumer and World Order as my options



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HSC 2016: English (Advanced) | English Ext 1 | Mathematics | Legal Studies |
Business Studies | Ancient History

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Essej

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Re: HSC Legal Studies: Suggested Answers and Discussion
« Reply #2 on: November 02, 2016, 01:22:02 pm »
How good was that ??? A few tricky MCs but honestly a great exam, nothing unexpected  ;D ;D
Class of 2016
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Economics: 93
Business Studies: 92
Studies of Religion (2 Unit): 93

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jamonwindeyer

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Re: HSC Legal Studies: Suggested Answers and Discussion
« Reply #3 on: November 02, 2016, 01:33:11 pm »
How good was that ??? A few tricky MCs but honestly a great exam, nothing unexpected  ;D ;D

There were some tricky MC hey! I'm keen to hear thoughts on a few of the answers I've posted above, just a couple that were on the tricky end! :)

aashini

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Re: HSC Legal Studies: Suggested Answers and Discussion
« Reply #4 on: November 02, 2016, 01:34:03 pm »
loved it. I did family part A and shelter part a.

YO nailed it

loved the MC except 2 question (last 2)
« Last Edit: November 02, 2016, 01:36:12 pm by aashini »

Rd2487

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Re: HSC Legal Studies: Suggested Answers and Discussion
« Reply #5 on: November 02, 2016, 01:46:33 pm »
So i got 2 wrong in multiple choice though. 18 and 20. Overall it was a good exam though. Lucky enough to study young offenders the night before. Just got chem tomorrow as my last exam.

Thanks for all your help Jamon throughout the year :)
Your guides were very useful!

jamonwindeyer

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Re: HSC Legal Studies: Suggested Answers and Discussion
« Reply #6 on: November 02, 2016, 01:48:13 pm »
loved it. I did family part A and shelter part a.

YO nailed it

loved the MC except 2 question (last 2)

They were nasty hey! Had me scratching my head!

So i got 2 wrong in multiple choice though. 18 and 20. Overall it was a good exam though. Lucky enough to study young offenders the night before. Just got chem tomorrow as my last exam.

Thanks for all your help Jamon throughout the year :)
Your guides were very useful!

Awesome work, good luck with Chem tomorrow and then enjoy your freedom!! So glad I could be helpful! ;D

PulseDefect

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Re: HSC Legal Studies: Suggested Answers and Discussion
« Reply #7 on: November 02, 2016, 02:12:18 pm »
Q19: A - This is a very tough one. This refers to guideline judgements, which are actually set by the NSW Sentencing Council to add some structure to judicial discretion. They are NOT set by the DPP, they are NOT set by the Court of Criminal Appeal, and they are NOT set by the NSW LRC. This leaves A.

Isn't it D, reading the textbook it states that the Attorney General can apply to the courts for guideline judgements for particular offences plus the Crimes (Sentencing Procedure) Act states this :o

Quote from: Crimes (Sentencing Procedure) Act
Guideline judgments on application of Attorney General
37 Guideline judgments on application of Attorney General
(1) The Court may give a guideline judgment on the application of the Attorney General.
(2) An application for a guideline judgment may include submissions with respect to the framing of the proposed guidelines.
(3) An application is not to be made in any proceedings before the Court with respect to a particular offender.
(4) The powers and jurisdiction of the Court to give a guideline judgment in proceedings under this section in relation to an indictable or summary offence are the same as the powers and jurisdiction that the Court has, under section 37A, to give a guideline judgment in a pending proceeding in relation to an indictable offence.
(5) A guideline judgment under this section may be given separately or may be included in any judgment of the Court that it considers appropriate.


Plus here's some guideline judgement cases:
Click me!
Click me!
~ Cohort of 2016 ~
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Lauradf36

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Re: HSC Legal Studies: Suggested Answers and Discussion
« Reply #8 on: November 02, 2016, 02:13:55 pm »
17/20 on Multiple Choice, I really thought I had the last few! :(

Family was great, world order essay I kind of didn't know where to go with a) and b) was too narrow. So I ended up talking about R2P, Nuclear treaties, IGOs, the UNSC, and terrorism and somehow linked them to cooperation v. conflict... no idea if that is even a valid approach...
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Lauradf36

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Re: HSC Legal Studies: Suggested Answers and Discussion
« Reply #9 on: November 02, 2016, 02:14:51 pm »
Isn't it D, reading the textbook it states that the Attorney General can apply to the courts for guideline judgements for particular offences plus the Crimes (Sentencing Procedure) Act states this :o
 

Plus here's some guideline judgement cases:
Click me!
Click me!

That's what I thought! :( I trust Jamie tho
ATAR: 98.85

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Celeriac

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Re: HSC Legal Studies: Suggested Answers and Discussion
« Reply #10 on: November 02, 2016, 02:14:56 pm »
Hi  :)
I'm a bit confused about question 20.
I thought since the Evidence Amendment (Evidence of Silence) Act 2013, if a defendant upholds their right to silence, it can be questioned why they did not provide evidence of their innocence at an earlier point.

jamonwindeyer

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Re: HSC Legal Studies: Suggested Answers and Discussion
« Reply #11 on: November 02, 2016, 02:19:25 pm »
Isn't it D, reading the textbook it states that the Attorney General can apply to the courts for guideline judgements for particular offences plus the Crimes (Sentencing Procedure) Act states this :o

Plus here's some guideline judgement cases:
Click me!
Click me!

Hey Pulse, welcome!!

So this is the thing, I totally agree with you. But I don't think it necessarily has to be the Court of Criminal Appeal (happy to be corrected if you can provide a source, because I can't find one that confirms either way), and I'm also wary of the wording in saying that it "assists" judges in applying judicial discretion. Judicial guidelines kind of remove the need for judicial discretion because the precedent does the work for them. Perhaps I'm over-thinking...

That's what I thought! :( I trust Jamie tho

I am here to be challenged! I could definitely be wrong, I'm not some weird perfect thing that gets everything right, that's why I want you guys to call me out! I'm not prepared to change my answer just yet, because I don't think it has to be the NSW CCA, can anyone confirm that?

jamonwindeyer

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Re: HSC Legal Studies: Suggested Answers and Discussion
« Reply #12 on: November 02, 2016, 02:20:43 pm »
Hi  :)
I'm a bit confused about question 20.
I thought since the Evidence Amendment (Evidence of Silence) Act 2013, if a defendant upholds their right to silence, it can be questioned why they did not provide evidence of their innocence at an earlier point.

I don't think it is the jury who can ask that question though, can they? Hold on I'm going to read this act real quick!

Edit: Okay yep, so negative inference can be drawn from the silence, but does that manifest in the jury asking why the evidence was withheld? My interpretation would be that it is more a judge-led inference, hence A?
« Last Edit: November 02, 2016, 02:23:47 pm by jamonwindeyer »

Celeriac

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Re: HSC Legal Studies: Suggested Answers and Discussion
« Reply #13 on: November 02, 2016, 02:24:54 pm »
I don't think it is the jury who can ask that question though, can they? Hold on I'm going to read this act real quick!

I don't doubt your answer at all, I'm sure you're correct  :)
Yeah I don't think it would be the jury that would ask the question, since they aren't that involved in the evidence process. I think they can simply draw "negative inferences" from a defendant who holds off on providing evidence.

Edit: Didn't see your edit before I posted. Yeah it must be the judge, since the judge decides on questions of law pertaining to evidence. The jury can't can't ask questions. Ah well, that's one mark lost  :(
Thank you though!
« Last Edit: November 02, 2016, 02:26:27 pm by Celeriac »

PulseDefect

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Re: HSC Legal Studies: Suggested Answers and Discussion
« Reply #14 on: November 02, 2016, 02:25:40 pm »
Hey Pulse, welcome!!

So this is the thing, I totally agree with you. But I don't think it necessarily has to be the Court of Criminal Appeal (happy to be corrected if you can provide a source, because I can't find one that confirms either way), and I'm also wary of the wording in saying that it "assists" judges in applying judicial discretion. Judicial guidelines kind of remove the need for judicial discretion because the precedent does the work for them. Perhaps I'm over-thinking...

Hey thanks,

I think it is the Court of the Criminal Appeal simply because of the Court's appellate jurisdiction of the District and Supreme Court which is where most offenders who are found guilty of an indictable offence are sentenced, I'm not too sure the Attorney General would be too concerned with the sentencing decisions in the Local Court simply due to the sheer number of cases before the Local Court. So just by logic it would be the Court of Criminal Appeal and yes I don't think I can give a source simply because the legislation itself just says "court" but all of the guideline judgements have been issued by the CCA.

idk got 19/20 question 5 trolled me :(
~ Cohort of 2016 ~
HSC Marks
English Standard - 92/105 B5 | Mathematics (2U) - 85/100 B5 | Chemistry - 80/100 B5 | Biology - 84/100 B5 | Legal Studies - 91/100 B6
ATAR - 89.55