Liuy's Question Thread

[Liuy]

Do we need to know the strengths and weaknesses of the doctrine of precedent?

[eeps]

Do we need to know the strengths and weaknesses of the doctrine of precedent?

According to my teacher, yes. However, having said that, it's unlikely to come up on the end-of-year exam. Your safest bet is to know it; in case it does come up on your SAC. It's very similar to the strengths and weaknesses of courts as law-makers.

[flash36]

Not unlikely to be on the exam. It was on last year's.

[Liuy]

Does anyone have a contemporary example for mistakes incurred in the drafting process of a bill?

[Liuy]

Are the phrases: "the reasoning behind the interpretation" (relating to statutory interpretation) and ratio decidendi (reason for the decision, relating to precedent) the same?

[werdna]

Are the phrases: "the reasoning behind the interpretation" (relating to statutory interpretation) and ratio decidendi (reason for the decision, relating to precedent) the same?

Hmm... I'd say they're different. Statutory interpretation and precedents are for the most part, different things - I guess statutory interpretation could set a precedent so they go hand in hand in a way.

Does anyone have a contemporary example for mistakes incurred in the drafting process of a bill?

I don't think examples would be necessary for this section.

[Liuy]

In regards to all the different divisions and lists of the Magistrates Court, e.g. Drug Court Division, how many would we have to know and in what sort of detail?

Also, would it be necessary to learn specific cases for use as examples when discussing jurisdiction of Magistrates, County or Supreme Courts?

[eeps]

In regards to all the different divisions and lists of the Magistrates Court, e.g. Drug Court Division, how many would we have to know and in what sort of detail?

From what I've been taught you would need to know the Koori Court, Drug Court, Children's Court and Coroner's Court (possibly the Neighbourhood justice centre for good measure). Know their jurisdictions; what things they can investigate/hear. It could be a 2-mark/3-mark question on a SAC.

Also, would it be necessary to learn specific cases for use as examples when discussing jurisdiction of Magistrates, County or Supreme Courts?

No, I don't think so.

[Liuy]

Ahh, yes, MBL is different from Justice and Key Concepts in that it covers Coroner's Court and Children's Court.
The other two texts cover Drug Court, Koori Court, NJC, Family Violence Division, Sexual Offences List and Assessment and Referral Court List.

Hopefully they will also you to pick and choose if such a question came up in the exam.

[eeps]

It's not too clear in the study design either which ones you need to know. Safest option - just learn the divisions/lists you've been taught.

[cltf]

You will need to know about all the courts, and also VCAT list.

[Liuy]

Quick Question.

Elements of an effective legal system, Key Concepts and MBL incorporate heaps of detail into the 3 elements whereas Justice and Outcomes gives a description and states that these elements will be revisited throughout the whole unit.

When you guys did your summaries, how did you summarise this particular dot point?

[eeps]

I would do what Key Concepts and Making and Breaking the Law did to be honest. The more detail, the better. Shows a greater depth of knowledge if you can provide a detailed and succinct answer in my opinion.

[Liuy]

"In a recent trial a jury found the defendant, a 15yr old youth, guilty of murder. Identify the court in which this trial would be held, and explain the jurisdiction of that court." (5 marks)

Any ideas?

[cranberry]

Jury is the first clue - either supreme or county. Then we see "15yr old youngin", so it could be children's court. But then we get to the big, most serious indictable offence of murder>>>Supreme Court!= hears murder cases for under 18 year olds!

So jurisdiction of the supreme:
Original:

• Most serious indictable offences eg: treason, murder... (criminal)
  
• Unlimited civil claims (or in excess of $100,000 for a bit more accuracy) (civil)

Appellate:

• Point of law from Magistrates court (criminal)
• Point of law or question of fact from Magistrates court (civil)
• Point of law from VCAT (civil)

and there's also the jury of 6 for civil and 12 for criminal for courts above mag i believe.