VCE Legal Studies Question Thread

[clarke54321]

Is it true that Victorian Legal Aid only covers criminal matters?

[meganrobyn]

Is it true that Victorian Legal Aid only covers criminal matters?

Plus family law. I'm pretty sure that's close to it, though. And with criminal, most often it's only if they plead guilty.

[clarke54321]

Hey guys,

I'm racking my brains to find a similarity between the roles of the parties in the adversary system and the inquisitorial system. Could someone please help me out? Would one be that they both have the choice of legal representation (despite this not being a big factor of the inquisitorial system)?

Thanks

[meganrobyn]

Hey guys,

I'm racking my brains to find a similarity between the roles of the parties in the adversary system and the inquisitorial system. Could someone please help me out? Would one be that they both have the choice of legal representation (despite this not being a big factor of the inquisitorial system)?

Thanks

What do you mean 'not a big factor'? In many inquisitorial countries it's compulsory for the defendant to be legally represented - unlike here, for instance. Make sure you're more specific rather than making general statements.

Apart from that, the parties still have the responsibility to collect evidence before trial (the difference is just that they don't get to decide which evidence is used in the actual trial).

[clarke54321]

What do you mean 'not a big factor'? In many inquisitorial countries it's compulsory for the defendant to be legally represented - unlike here, for instance. Make sure you're more specific rather than making general statements.

Apart from that, the parties still have the responsibility to collect evidence before trial (the difference is just that they don't get to decide which evidence is used in the actual trial).

In my textbook it says 'evidence is collected by the presiding judge,' which is what my Legal teacher has also taught us. Is this incorrect?

[meganrobyn]

I hate disagreeing with textbooks, so I'll qualify this with an *as far as I am aware*: there is a difference between an investigating magistrate and a presiding judge. There is also a fair bit of difference between inquisitorial jurisdictions, and between civil and criminal cases within the jurisdictions. So it's really not even that clear-cut, sorry.

[meganrobyn]

I hate disagreeing with textbooks, so I'll qualify this with an *as far as I am aware*: there is a difference between an investigating magistrate and a presiding judge. There is also a fair bit of difference between inquisitorial jurisdictions, and between civil and criminal cases within the jurisdictions. So it's really not even that clear-cut, sorry.

In fact, sources are always best. Here's a decent one, with decent references:

http://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1223&context=law_pubs

[clarke54321]

Hi everyone,

For this question, 'Discuss the ability of criminal sanctions to achieve their purposes. In your answer, describe at least two sanctions other than imprisonment,' is the first part of the question wanting me to discuss specific sanctions or sanctions in general. The worth of the question is 10 marks. 

[meganrobyn]

Hi everyone,

For this question, 'Discuss the ability of criminal sanctions to achieve their purposes. In your answer, describe at least two sanctions other than imprisonment,' is the first part of the question wanting me to discuss specific sanctions or sanctions in general. The worth of the question is 10 marks.

With an open statement like that I think it's always best to make general arguments backed up with specific detail - do both. I mean, you *do* have three-odd pages and 20+ minutes of writing your goddamn hand off to do it in...

[clarke54321]

Hi everyone,


For AOS 2 of unit 4, can a possible reform to the adversary system also be a recommended change to the legal system?

Is a recommended change one that is more formal (such as suggested by the VLRC or a formal body). Also, am I expected to evaluate recommendations and recent changes to the legal systems or just the possible reforms to the adversary system?

Thank-you

[nm4065]

For a 10 marker asking to evaluate the adversary system, such as in 2010 "Critically evaluate the use of the adversary system of trial" - do you have to evaluate all 5 features? Thanks

[meganrobyn]

Hi everyone,


For AOS 2 of unit 4, can a possible reform to the adversary system also be a recommended change to the legal system?

Is a recommended change one that is more formal (such as suggested by the VLRC or a formal body). Also, am I expected to evaluate recommendations and recent changes to the legal systems or just the possible reforms to the adversary system?

Thank-you

Yes. Yes. No.



On my reading of the SD and past exams, you shouldn't need weaknesses of the recent/recommended reforms. Double-check what you think of the wording.

[meganrobyn]

For a 10 marker asking to evaluate the adversary system, such as in 2010 "Critically evaluate the use of the adversary system of trial" - do you have to evaluate all 5 features? Thanks

Usually they don't set exact requirements like that unless it's specified in the wording of the question. It's usually safe to look at the mark allocation and then err on the side of more. Here, for instance, I'd definitely do three, and maybe squeeze in a bit about one or both of the remaining two. I mean, you have a lot of lines to fill...

[clarke54321]

Hi everyone,

For this question:

 'Describe the process of referral of powers by the states to the Commonwealth Parliament.' (3 marks)

Would it be sufficient to say the following:

The process of the the referral of powers begins with the states agreeing to hand over law-making power which they believe would be better dealt with by the Commonwealth Parliament. To do this, the states must pass an Act, which states that they agree to hand over their law-making power to the Commonwealth. In response to this, the Commonwealth Parliament passes an Act accepting this law-making power from the states who have offered to refer their power.


With 3 markers or even 2 markers, I never know if I am putting too much or too little down on the paper. Sometimes I allow the lines to intimidate me also.



 

[meganrobyn]

Hi everyone,

For this question:

 'Describe the process of referral of powers by the states to the Commonwealth Parliament.' (3 marks)

Would it be sufficient to say the following:

The process of the the referral of powers begins with the states agreeing to hand over law-making power which they believe would be better dealt with by the Commonwealth Parliament. To do this, the states must pass an Act, which states that they agree to hand over their law-making power to the Commonwealth. In response to this, the Commonwealth Parliament passes an Act accepting this law-making power from the states who have offered to refer their power.


With 3 markers or even 2 markers, I never know if I am putting too much or too little down on the paper. Sometimes I allow the lines to intimidate me also.

Not enough. But you've been a bit wordy with the content you have included, so it looks longer. You haven't said that it's residual powers only; that one or more states can do it; that the powers are able to be used as though they were concurrent; but that the laws only apply in the state or states that referred the power.

Judge it on about 1-1.5 mins per mark for questions below 6 marks, and 1.5-2 mins for questions 6 marks and above. Make up time on the really straightforward definition/answer ones where you can. You need to know how much you can write in the time (I can comfortably write 3-6 lines per mark depending on the question).