VCE Legal Studies Question Thread

[MissSmiley]

I hope these helped!

Of course they did!!
You've made things super clear!!
Thank you so much for typing all this up! I really appreciate it!

[TheBamboozler]

Hello.

Could somebody explain to me why a defendant not having any assets in Australia would discourage a plaintiff from making a civil claim.
I don't really understand what this means, so any help would be appreciated.

[MissSmiley]

Hello.

Could somebody explain to me why a defendant not having any assets in Australia would discourage a plaintiff from making a civil claim.
I don't really understand what this means, so any help would be appreciated.

Hey!
So this is just something that needs to be considered before initiating a civil claim.
If the defendant doesn't have any assets (e.g. monetary assets or they've just immigrated and hence find it hard to source things for their life, let alone pay compensatory damages to the plaintiff), then there's no point initiating a claim against them.
They won't be able to pay the full amount or not on time things like that.
So then the plaintiff would take the claim to mediation, conciliation or arbitration (where the plaintiff can settle with an injunction only to get things going smoother)

More than happy to be corrected by anyone though!
If anyone wants to build on what I said as well or change it, please feel free to do so!

But hope this has started you off

[TheBamboozler]

One more question regarding the jurisdiction of CAV.
The example states that Geraldine's application to rent a property was denied, Geraldine claims that the landlord discriminated against her because of her age.
Would this example be covered in CAV's jurisdiction?

[MissSmiley]

One more question regarding the jurisdiction of CAV.
The example states that Geraldine's application to rent a property was denied, Geraldine claims that the landlord discriminated against her because of her age.
Would this example be covered in CAV's jurisdiction?

No I don't think so. Because this is now a discrimination case. CAV only deals with commercial disputes, sales of products and goods...as you know, but nothing to do with discrimination.
If this was a dispute without the discrimination part, then yes, CAV would have heard it because it can hear landlord-tenant disputes.

[MissSmiley]

What’s the best way to study for a legal sac?

AoS2 sac is in a few weeks and I’m wanting to starting studying now because we have all our sacs in the one go.

I’ve started practice questions, the discuss stuff, it’s a bit difficult though getting feedback my teacher takes a while to return the work 😩😩

Hey!
Yeah same, my SAC's in a few weeks and it's all combined!! So the whole civil law unit! So I guess a lot of pressure, but it's good because the exam that tests both U3/4 isn't going to be split up right?!! 
So a more authentic way of SAC preparation.
And yeah same thing, I'm got HEAPS of SACs before my Legal SAC, HEAPS of memorising to do for every subject.
What I'm trying to do each day though is read a small section of the relevant textbook chapter each day, so I don't lose track of the legal content.
Some days I just get like a 4 line paragraph read  whilst other days (especially weekends) I try and write 2 questions.
My teacher takes AGES to mark our practice responses as well, so at the moment, just store them somewhere safe and perhaps ask your teacher for lunchtime help sessions?
OR, the best thing, why not post one of your responses on this thread so everyone here on AN legal fam can give you some feedback?!   
I certainly love giving feedback because it helps me learn, since I'm doing Year 12 Legal as well!
(far from perfect at it, but you know, we can all support each other

Perhaps start make summary paras (make them small but efficient because I know you must be having a lot of SACs too,) and then test yourself each day. Perhaps start making links to the principles of justice? (A mindmap is a really good way to get everything on paper, because this'll force you write everything that you know, instead of just storing it somewhere on your laptop!)

Once again, this thread's a great way to clarify any doubts you may have about the content, how to answer questions or like I said, just post your responses! (that's if you feel comfortable of course, absolutely no compulsion at all!

Thanks!

[colin.j]

Can someone please explain how the burden of proof in a civil trial achieves fairness?

[justfermions]

Can someone please explain how the burden of proof in a civil trial achieves fairness?

Hello
Pretty much it achieves fairness because the burden of proof rests with the plaintiff, if the burden of proof was on the defendant then it's basically implying that the defendant is guilty and needs to prove otherwise - which means the defendant is not treated impartially (and impartiality is an aspect of fairness). It's like how in a criminal trial reversing the burden of proof would undermine the presumption of innocence.
Hope that made sense and that's just how I'd answer it at least but happy to be corrected   

[madhu04]

Hey can someone please help me with some similarities and differences between criminal jury and civil jury?

Thank you     

[Poet]

Hey can someone please help me with some similarities and differences between criminal jury and civil jury?

Thank you     

Hey!
This is a pretty simple question, so it would be great if you could show what you've got so far. After you've done all you can with the question, we can help you. For example, the number of jury members impaneled in a criminal versus civil jury?

[clarke54321]

Hey can someone please help me with some similarities and differences between criminal jury and civil jury?

Thank you     

Like Poet has already encouraged, try and show some early thinking. If you are looking to clarify some ambiguities, however, I'd recommend that you look at VCAA's direct assessment of this area, here at question 6 .

[lanitresidder]

Does anyone have any tips for answering extended response questions, particularly regarding the structure of questions six marks and above?

[MissSmiley]

Hi all,
I just needed clarification on how to answer questions:

If you have a question that says "discuss to what extent..." (which is like two task words 'discuss' and 'to what extent' combined) do you have to write both strengths and weaknesses?
Or do you just keep proving 'to what extent' do you agree/ disagree?

And just generally, do you have to write weaknesses even if you agree to a high extent that something is effective?

Thanks guys!

[meganrobyn]

Hi all,
I just needed clarification on how to answer questions:

If you have a question that says "discuss to what extent..." (which is like two task words 'discuss' and 'to what extent' combined) do you have to write both strengths and weaknesses?
Or do you just keep proving 'to what extent' do you agree/ disagree?

And just generally, do you have to write weaknesses even if you agree to a high extent that something is effective?

Thanks guys!

It depends on the exact wording of the question: sometimes you can take just one side. I think it's always strategically smarter to at least do a little of each, though; plus, you use more of your notes.

[You dont know me]

Hello all! How long should I take per mark (on average) to answer a question in an exam or sac?

Thanks,
Selby