Legal Studies Exam: Discussion and Suggested Answers

[Wales]

):

Seemed to of gotten more then I thought wrong for mc. Hoping essays make up.

Any idea cut offs for a band 5 or high 4?

[grace.estelle]

What answer did you put down Grace?

I put down necessity. I thought all four were complete defences except for consent and necessity. Consent to murder is illegal so that cannot be used as a complete defence to murder.  Necessity is apparently not a complete defence to murder also (according to the newest Excel textbook edition). Consent wasn’t an option so I chose necessity. I'm not too sure though.

[grace.estelle]

Hey Elyse, what were the options for question 13? I seem to have forgotten what I put.

[dantoun13]

For question 8 I said B) incorporated into legislation because the question asked for "human rights are best protected in Australia WHEN they are", so wouldn't the answer be statute? Although human rights are predominantly protected by common law, they are best protected when they are protected by statute.
Also, for question 18 I said the answer was insanity because that fit most closely with the partial defence of diminished responsibility??

[paigek3]

For question 8 I said B) incorporated into legislation because the question asked for "human rights are best protected in Australia WHEN they are", so wouldn't the answer be statute? Although human rights are predominantly protected by common law, they are best protected when they are protected by statute.
Also, for question 18 I said the answer was insanity because that fit most closely with the partial defence of diminished responsibility??

My reasoning for question 8 was the same as yoursssss

[matthoward979]

Hey guys, for the family essay b)it said just outcomes, but I only talked about contemporary issues eg. birth tech, domestic violence, care and protection and same sex relationships. I talked about legal and non legal issue but is that correct or did I have to talk about dispute resolutions and stuff like that because the word outcomes kinda confused me as to which dotpoints i should talk about

[grace.estelle]

For question 8 I said B) incorporated into legislation because the question asked for "human rights are best protected in Australia WHEN they are", so wouldn't the answer be statute? Although human rights are predominantly protected by common law, they are best protected when they are protected by statute.

I said statute law as well. There was a question in my trial paper like that and the answer was statute law.

[paigek3]

I said statute law as well. There was a question in my trial paper like that and the answer was statute law.

Yeah it was a bit confusing but I think it’s the wording that makes it that way. Because if it was how they are ‘most commonly’ protected then I’d definitely say common law, but because they said how would it be ‘best’ protected I said statute cause that makes taking away the rights punishable?

Keen to hear what Elyse and Jamon think and hope they agree with us

[Anfar3]

Guys for the 8 marker i found im impossible to write enough in the space given to us so i asked the examiner if could write in another booklet and she said yes so i wrote more in another booklet.

However, there was no box to say tick if u have answered in additional booklets for the human rights question so im wondering if they will disregard my other booklet. If they do im screwed.

Thanks im pretyy sure its fine but was wondering if i am stressing over nothing.

[hellohii]

I put down self defence for question 18 because in the case R v Silva 2015 it was used as a partial defence I think haha

[TheFreeMarketeer]

Dropped only a mark in MC.

Short answers for Human Rights were decent. Crime essay was decent (I've read some of you incorporated other elements but I just did solely bail and remand, so idk how that'll go down).

Consumer essay I did B and I think I did really well.

Family essay, I have no idea why but I did A. I regurgitated a bunch of laws that highlight changes but I did somewhat poorly in utilising stats, expert opinions and cases here. If I fall short of a band 6 it was probably because of this decision lol. Is it possible, because I'm ranked 5, if I do miss the cutoff that rank can push me over the edge? Thanks.

Oh well, one more done. Plough through eco and we'll see how it goes.

[spetsnaz]

Guys for the 8 marker i found im impossible to write enough in the space given to us so i asked the examiner if could write in another booklet and she said yes so i wrote more in another booklet.

However, there was no box to say tick if u have answered in additional booklets for the human rights question so im wondering if they will disregard my other booklet. If they do im screwed.

Thanks im pretyy sure its fine but was wondering if i am stressing over nothing.

I did the same and I've done that in previous exams, its fine, as long you wrote (extra page) or something like that and labelled your books correctly it won't be disregarded

[elysepopplewell]

Yeah it was a bit confusing but I think it’s the wording that makes it that way. Because if it was how they are ‘most commonly’ protected then I’d definitely say common law, but because they said how would it be ‘best’ protected I said statute cause that makes taking away the rights punishable?

Keen to hear what Elyse and Jamon think and hope they agree with us

For question 8 I said B) incorporated into legislation because the question asked for "human rights are best protected in Australia WHEN they are", so wouldn't the answer be statute? Although human rights are predominantly protected by common law, they are best protected when they are protected by statute.
Also, for question 18 I said the answer was insanity because that fit most closely with the partial defence of diminished responsibility??

The reason I think statue law/legislation is not the best at protecting human rights is because they are hardly protected in legislation, because they can be overturned with any other act of parliament (theoretically this could happen almost in a day - realistically nothing happens quickly in this Parliament )

I do see where you are coming from and I agree with those points, because my first instinct was to say statue law/legislation. I had a chat with dad, he said legislation. We ate our subways together (goals) and then we decided that given the wording of the question as the best protection - legislation is hardly a protection because it can be overturned so easily (again, in theory). What do you think about this?

I put down self defence for question 18 because in the case R v Silva 2015 it was used as a partial defence I think haha

I'm not familiar with this case but have just googled the details and it's really interesting isn't it! Thanks for sharing it, I'm going to pass it onto the future cohort

Guys for the 8 marker i found im impossible to write enough in the space given to us so i asked the examiner if could write in another booklet and she said yes so i wrote more in another booklet.

However, there was no box to say tick if u have answered in additional booklets for the human rights question so im wondering if they will disregard my other booklet. If they do im screwed.

Thanks im pretyy sure its fine but was wondering if i am stressing over nothing.

I'm definitely rusty on how the extra writing paper works - but do you put the extra writing paper behind the writing booklet for collection, and then write what question you used it for up the top? Maybe someone else can chime in because I'm dusty when it comes to those procedures, but I'm sure if you are given extra writing paper, then it will be included?!

I did the same and I've done that in previous exams, its fine, as long you wrote (extra page) or something like that and labelled your books correctly it won't be disregarded

There we go!

Dropped only a mark in MC.

Short answers for Human Rights were decent. Crime essay was decent (I've read some of you incorporated other elements but I just did solely bail and remand, so idk how that'll go down).

Consumer essay I did B and I think I did really well.

Family essay, I have no idea why but I did A. I regurgitated a bunch of laws that highlight changes but I did somewhat poorly in utilising stats, expert opinions and cases here. If I fall short of a band 6 it was probably because of this decision lol. Is it possible, because I'm ranked 5, if I do miss the cutoff that rank can push me over the edge? Thanks.

Oh well, one more done. Plough through eco and we'll see how it goes.

That's awesome! Which MC was it? And what did you get for question 18?

[elysepopplewell]

The more I'm thinking about it, common law can be mitigated/undermined by acts of Parliament too. But I seem to think the separation of powers mitigates the devastation of any conflict between legislation that dismisses human rights.

I'm on the fence, but still leaning towards common law. If the wording of this question were different, I'd have very distinct and different answers. But the wording is playing on me..

[TheFreeMarketeer]

Question 18 was the one I got wrong. I put down necessity for some odd reason as I didn't think 'Accident' was the actual name of any defence.