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LS Review Unit 3 & 4

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Ian Van Schie

on 5 March 2013

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Transcript of LS Review Unit 3 & 4

Parliament and the citizen Unit Three Outcome One The Constitution and the protection of rights Unit Three Outcome Two This knowledge includes:
• the ability of judges and courts to make law
• the operation of the doctrine of precedent
• reasons for interpretation of statutes by judges
• effects of statutory interpretation by judges
• strengths and weaknesses of law-making through the courts
• the relationship between courts and parliament in law-making. Legal Studies Casey Grammar Longer questions
6-10 Shorter
questions
1-5 Other Body Exam Questions Longer questions
6-10 Short-middle questions 1-5 Division of Powers Body Division of Powers Body Exam Questions • Principles of the Australian parliamentary system: representative
government, responsible government and the separation of
powers
• The structure of the Victorian Parliament and the Commonwealth
Parliament and the roles played by the Crown and the houses of
parliament in law-making
• The reasons why laws may need to change
• The role of the Victorian Law Reform Commission
• The means by which individuals and groups influence legislative
change, including petitions, demonstrations and use of the media
• The legislative process for the progress of a Bill through parliament
• Strengths and weaknesses of parliament as a law-making body
On completion of this unit the student should be able to explain the structure and role of parliament, including its
processes and effectiveness as a law-making body, describe why legal change is needed and the means by
which such change can be influenced. Outline the principles of the Australian parliamentary system. [6 marks] Describe and evaluate the effectiveness of the separation of powers. [6 marks] Outline the roles played by the Crown and the houses of the Victorian Parliament. [6 marks] Outline the roles played by the Crown and the houses of the Commonwealth Parliament. [6 marks] Outline the step of the legislative process for the progress of a Bill through parliament. [6 marks] Using of examples, identify and describe five strengths and five weaknesses of parliament
as a law-making body. [10 marks] Differentiate between representative and responsible government. [4 marks] Identify and explain the structure of the Victorian Parliament. [3 marks] Identify and explain the structure the Commonwealth Parliament. [3 marks] Evaluate two steps of the progress of a Bill through parliament. [4 marks] Describe three ways (petitions, demonstrations and the media) in which individuals and groups can influence legislative change. [6 marks]
Compare and contrast the most effective ways in which individuals and groups can influence legislative change. [6 marks] Describe three reasons why laws may need to change. Provide a current example for each. [6 marks] Changes to the law Explain the role and function of the Victorian Law Reform Commission. [5 marks] Changes to the law Parliament Parliament
These skills include the ability to:
• define key legal terminology and use it appropriately
• discuss, interpret and analyse legal information and data
• explain the principles and structures of the Australian parliamentary system
• use contemporary examples to explain the influences on legislative change
• evaluate the effectiveness of methods used by individuals and groups to influence change in the law
• critically evaluate the law-making processes of parliament. Course Requirements Key Skills Key knowledge This knowledge includes:
• the division of law-making power between state and Commonwealth parliaments under the Commonwealth Constitution, including specific (concurrent and exclusive) and residual powers, and the impact of Section 109
• restrictions imposed by the Commonwealth Constitution on the law-making powers of the state and Commonwealth parliaments
• the process of change by referendum under Section 128 of the Commonwealth Constitution and factors affecting its likely success
• the way in which one successful referendum changed the division of law-making powers
• the role of the High Court in interpreting the Commonwealth Constitution
• the significance of two High Court cases involving the interpretation of the Commonwealth Constitution in terms of their impact on the law-making power of the state and Commonwealth parliaments
• the capacity of the states to refer law-making power to the Commonwealth Parliament
• the means by which the Commonwealth Constitution protects rights, including structural protection, express rights, and implied rights
• the significance of one High Court case relating to the constitutional protection of rights in Australia
• Australia’s constitutional approach to the protection of rights and the approach adopted in South Africa. Key Knowledge Key Skills These skills include the ability to:
• define key legal terminology and use it appropriately
• discuss, interpret and analyse legal information and data
• apply legal principles to relevant cases and issues
• explain the role of the Commonwealth Constitution with respect to law-making powers and the protection of rights
• identify the types of law-making powers
• explain the methods and processes of changing constitutional power
• analyse the impact of referendums, High Court interpretation of the Constitution, and the referral of powers on the division of law-making powers
• evaluate the means by which rights of Australians are protected by the Commonwealth Constitution, and the extent of this protection
• compare the approach used to protect rights in a selected country with the approach used in Australia. Course Requirements On completion of this unit the student should be able to explain the role of the Commonwealth Constitution in defining law-making powers within a federal structure, analyse the means by which law-making powers may change, and evaluate the effectiveness of the Commonwealth Constitution in protecting human rights. The Constitution and the protection of rights Parliament and the citizen Democratic and Human Rights Democratic and Human Rights How does the Commonwealth Constitution divide law-making power between state and Commonwealth parliaments? [4 marks] How does the impact of section 109 effect the division of power between state and
Commonwealth parliaments? [4 marks] Describe three restrictions imposed by the Commonwealth Constitution on the law-making powers of the state and Commonwealth parliaments. [6 marks] Explain the process of change by referendum under section 128 of the Commonwealth Constitution. [6 marks] Evaluate the factors affecting successful referendums. [4 marks] Explain the way in which one successful referendum changed the division of law-making powers. [6 marks] Outline in detail the role of the High Court in interpreting the Commonwealth Constitution. [6 marks] Evaluate the significance of two High Court cases involving the interpretation of the Commonwealth Constitution in terms of their impact on the law-making power of the state and Commonwealth parliaments. [8 marks] Describe the capacity of the states to refer law-making powers to the Commonwealth Parliament. [6 marks] Explain the means by which the Commonwealth Constitution protects rights, including structural protections, express rights and implied rights. [8 marks] Identify and explain the significance of one High Court case relating to the constitutional protection of rights in Australia. [6 marks] Compare Australia’s constitutional approach to the protection of rights with the approach adopted in South Africa. [8 marks] Explain three means by which individuals and groups influence legislative change. [3 marks] “The High Court is the keeper of the Commonwealth Constitution”. Explain. [ 2 marks] Explain two ways in which the rights of Australians are protected by the Commonwealth Constitution. Compare these with the approach used to protect rights in South Africa.
[ 6 marks] “Parliament’s strengths far outweigh its weaknesses as a law-making body”. Discuss this comment. In your discussion, state whether or not you agree. [ 10 marks] Role of the courts in law-making On completion of this unit the student should be able to describe the role and operation of courts in law-making,evaluate their effectiveness as law-making bodies and discuss their relationship with parliament. Course Requirements Key Knowledge Key Skills These skills include the ability to:
• define key legal terminology and use it appropriately
• discuss, interpret and analyse legal information
• apply legal principles to relevant cases and issues
• describe the nature, importance and operation of courts as law-makers
• analyse the impact of courts in law-making
• critically evaluate the law-making processes of courts
• discuss the relationships between law-making bodies. Longer questions
6-10 Short-middle questions 1-5 Common Law Common Law Body Exam Questions Statutory interpretation Statutory interpretation How does the Commonwealth Constitution divide law-making power between state and Commonwealth parliaments? [4 marks] How does the impact of section 109 effect the division of power between state and
Commonwealth parliaments? [4 marks] Evaluate the factors affecting successful referendums. [4 marks] “The High Court is the keeper of the Commonwealth Constitution”. Explain. [ 2 marks] Explain the importance of judges and courts in law-making. [6 marks] Describe the operation of the doctrine of precedent. [9 marks] Describe five reasons for interpreting statutes by judges. [5 marks] Illustrate the effects of statutory interpretation by judges. [5 marks] Overview Using examples, identify and describe five strengths and five weaknesses of law-making through the courts. [10 marks] Describe the relationship between courts and parliament in law-making.
6 marks] Unit Three Outcome Three Role of the courts in law-making - Use the information to illustrate (show) points, make links, show the relationship to/with, refer the information, show the connection with.

- Inquire into, explore, investigate the details, break the issues up into key points, state the arguments for and against

- To give an opinion or view on the point

- To show similarity and differences


- Look at the main features and discuss both the advantages/strengths and disadvantages and weaknesses of that point, and make a judgement about how good/bad/important something is.

-To give the meaning of

-Give a detailed account of, give the general features of a point/concept.

- Examine the issue by way of an exchange of opinions, look at both sides, debate the issues e.g. strengths and weaknesses.

- Explain the point/concept, and show differences

- Explain the strengths and weaknesses of , show the value of, give your opinion of the arguments/value of the point/concept.

-Give details that make the point clear. Do not just state the points-they should be expanded on

-Give a brief account of the key features /points/characteristics.

- Demonstrates points being made by giving examples.

-Give a reason for something being done, and give evidence to support the argument made.

-Give a summary of the main points-do not list

- Make proposals or recommendations, put ideas forward, present arguments to support or refute a statement or point Key words for the exam Apply Analyse Comment Compare or
compare and contrast Critically examine
Critically evaluate Define Describe Discuss Distinguish Evaluate Explain Identify Illustrate Justify Outline Suggest 2012 exam — things to remember Total mark allocation for 2012 exam — 70 marks.

All questions are compulsory, including the last question, which is ONE extended response question worth 10 marks drawn from Unit 3 or 4, or a combination of both.

The 2011 Assessment Report identifies areas requiring more study, including methods of changing constitutional power, doctrine of precedent, the way in which courts and VCAT operate to resolve disputes, civil pre-trial procedures and recent changes in the legal system.

There's an emphasis on "higher order" skills using task words such as evaluate, critically evaluate, analyse and compare to assess different key skills in the Study Design. Students must be able to answer these types of questions. For example, "critically evaluate strengths of juries" requires discussing both the strengths and corresponding weaknesses, not just strengths. Many students need to work on practising this skill to be able to answer this type of question.

Be aware of the limits placed on some key knowledge content — such as two High Court cases, one successful referendum, one High Court case regarding rights protection, comparing the approach of one country (listed in Study Design) with Australia's approach to protect rights, three sanctions.

The Study Design specifically stipulates petitions, demonstrations and media as the means individuals/groups influence legislative change. Students must be able to evaluate the effectiveness of these methods (meaning strengths and weaknesses required) and use contemporary examples to explain influences on legislative change as these are key skills.

Students must know both divisions of the Supreme Court (Trial Division and Court of Appeal), and the three elements of an effective legal system underpinning/forming basis of Area of Study 2, as specifically stated in Study Design.

When studying dispute resolution methods, students must address the key skill to compare and evaluate strengths and weaknesses of these methods and the way courts and VCAT operate to resolve disputes. Note the higher order key skills of "compare" and "evaluate". Tips on writing excellent answers and succeeding in exams Use the 15 minutes of reading time appropriately: think about how you will answer questions according to marks allocated.


Time management during exam, answering all questions without running out of time. You can achieve this by answering only what the question asks. For example, question 5a (2011 exam) required students to "explain one effect of statutory interpretation". Providing more than one effect is a waste of time as you would not receive extra marks. Therefore, provide only relevant information required and don't write extra information you will not receive marks for.

Read questions carefully, ensuring you answer all parts of the question as one question could ask for more than one area to be addressed. For example, question 2 (2011 exam) required students to "describe one purpose of a committal hearing and explain how it can promote the timely resolution of a criminal case".

To achieve full marks — provide detailed answers, including only relevant information.

Short answer questions — answer straight to the point.

Extended response questions — use topic sentences and paragraphs to provide well structured, well expressed, detailed answers. (Tip: new key point/argument/idea = new paragraph).

Apply legal principles to relevant cases and issues is a key skill under most Outcomes. Therefore, apply your legal knowledge and skills to demonstrate application skills and your understanding of course content, not just rote learning/memorising information.

The Examination may include questions referring to stimulus materials such as newspaper articles, extracts from reports or case studies so students' answers should refer to stimulus material (if required).

When defining or explaining legal terms do not use the term itself in your answer. For example, do not define/explain "exclusive powers" by using the same words — "exclusive powers are powers held exclusively by Commonwealth Parliament". Using the same words would not demonstrate your understanding of this term. Instead, a good definition is: "exclusive powers are law-making powers held only by the Commonwealth Parliament". This answer defines "exclusive powers" without repeating the term itself in the definition/explanation.

Provide your opinion or discuss a statement if the question requires this (like question 13, 2011 exam) — therefore, if asked to "indicate extent you agree/disagree ..." ensure you either agree, disagree or partially agree/disagree, justifying your opinion with reasons to support your answer.

If you need more space for your answer, clearly write it's continued at the end of the exam book. Also, write the question number for your continued answer at the end of exam book. Exam Info Unit Four Outcome One Unit Four Outcome Two Examples to use in the exam Exams http://moodle.caseygrammar.vic.edu.au/moodle/course/view.php?id=159&sesskey=T9rr07e85M&switchrole=5 http://www.vcaa.vic.edu.au/Pages/vce/studies/legalstudies/exams.aspx One practice exam=extra 3% Dispute Resolution Methods Longer questions
6-10 Short-middle questions 1-5 ADR Hierarchy and
jurisdictions Exam Questions Key Knowledge Key Skills Course Requirements Dispute resolution methods Hierarchy and jurisdictions ADR Court processes and procedures, and engaging in justice Longer questions
6-10 Short-middle questions 1-5 Adversary system
and juries Effective Legal system and reform Adversary system
and juries Effective Legal system
and reform Exam Questions • the elements of an effective legal system: entitlement to a fair and unbiased hearing, effective access to the legal system and timely resolution of disputes
• major features of the adversary system of trial, including the role of the parties, the role of the judge, the need for the rules of evidence and procedure, standard and burden of proof and the need for legal representation
• strengths and weaknesses of the adversary system of trial
• major features of the inquisitorial system of trial
• possible reforms to the adversary system of trial
• criminal pre-trial procedures and their purposes, including bail and remand and committal hearings
• general purposes of criminal sanctions
• an overview of three types of sanctions and their specific purpose
• Supreme Court civil pre-trial procedures, including pleadings, discovery and directions hearings, and the purposes of these procedures
• the purpose of civil remedies
• types of civil remedies, including damages and injunctions
• the role of juries, and factors that influence their composition
• strengths and weaknesses of the jury system
• reforms and alternatives to the jury system
• problems and difficulties faced by individuals in using the legal system
• recent changes and recommendations for change in the legal system designed to enhance its effective peration. Key Knowledge Key Skills • define key legal terminology and use it appropriately
• discuss, interpret and analyse legal information
• apply legal principles to relevant cases and issues
• critically evaluate the adversary system of trial
• compare the operation and features of the adversary system with the inquisitorial system
• describe the pre-trial procedures for the resolution of criminal cases and civil disputes, and compare their relative purposes
• discuss the ability of criminal sanctions and civil remedies to achieve their purposes
• critically evaluate the effectiveness of juries
• suggest and discuss reforms and alternatives to the adversary system and the jury system
• evaluate the extent to which court processes and procedures contribute to an effective legal system. Course Requirements On completion of this unit the student should be able to explain the processes and procedures for the resolution of criminal cases and civil disputes, and evaluate their operation and application, and evaluate the effectiveness of the legal system. Court processes and procedures, and engaging in justice Sanctions, procedures and remedies Sanctions, procedures and remedies Outline the aim of the adversary system. [1 mark] 'The use of the adversary and jury systems in Victorian criminal trials ensures that we have an effective legal system.'
Discuss the above statement and indicate the extent to which you agree with it, giving reasons for your answer. Include in your answer an explanation of two elements of an effective legal system. [10 marks] “The High Court is the keeper of the Commonwealth Constitution”. Explain. [2 marks] Explain why the adversary system is often referred to as a 'contest'. [2 marks] SUMMARY OF CONCEPTS AND EXAMPLES SUMMARY OF CONCEPTS AND EXAMPLES SUMMARY OF CONCEPTS AND EXAMPLES SUMMARY OF CONCEPTS AND EXAMPLES SUMMARY OF CONCEPTS AND EXAMPLES On completion of this unit the student should be able to describe and evaluate the effectiveness of institutions and methods for the determination of criminal cases and the resolution of civil disputes. • the reasons for a court hierarchy
• original and appellate jurisdictions of the Victorian Magistrates’ Court, County Court, and Supreme Court (Trial Division and Court of Appeal)
• the role of VCAT
• dispute resolution methods used by courts and VCAT, including mediation, conciliation, arbitration and judicial determination
• strengths and weaknesses of dispute resolution methods used by courts and VCAT
• strengths and weaknesses of the way courts and VCAT operate to resolve disputes. • define key legal terminology and use it appropriately
• discuss, interpret and analyse legal information
• justify the existence of a court hierarchy in Victoria
• describe the jurisdiction of specific courts within the Victorian court hierarchy
• compare and evaluate the strengths and weaknesses of dispute resolution methods and the way courts and VCAT operate to resolve disputes. Describe four reasons for a court hierarchy. [4 marks] Describe the role of VCAT in dispute resolution. [6 marks]
4 Explain the dispute resolution methods used by courts and VCAT, including mediation, conciliation, arbitration and judicialdetermination. [8 marks] Describe five strengths and five weaknesses of the way courts and VCAT operate to resolve disputes. [10 marks] Explain five strengths and five weaknesses of dispute resolution methods used by courts and VCAT. [10 marks] Compare and contrast the dispute resolution methods used by courts and VCAT including mediation, conciliation, arbitration and judicial determination. [8 marks] Describe the role of VCAT in dispute resolution. [6 marks] Explain the dispute resolution methods used by courts and VCAT, including mediation, conciliation, arbitration and judicial determination. [8 marks] Elements of effective law Illustrate and explain the three elements of an effective legal system: entitlement to a fair and unbiased hearing, effective access to the legal system and timely resolution of disputes. [6 marks] Compare and contrast the major features of the adversary system of trial with the inquisitorial system of trial. [10 marks] Explain the major features of the adversary system of trial, including the role of the parties, the role of the judge, the need for the rules of evidence and procedure, standard and burden of proof and the need for legal representation. [10 marks] Outline and explain the pre-trial criminal procedures and their purposes, including bail and remand and committal hearings. [8 marks] Outline and explain the Supreme Court civil pre-trial procedures, including pleadings, discovery and directions hearings and the purposes of these procedures. [10 marks] Describe the various types of civil remedies, including damages and injunctions. [10 marks] What is the purpose of civil remedies? [4 marks] Explain three types of sanctions and their specific purpose. [6 marks] Describe the general purposes of criminal sanctions. [5 marks] Describe and illustrate the problems and difficulties faced by individuals in using the legal system. [10 marks] Demonstrate an understanding of recent changes and recommendations for change in the legal system designed to enhance its effective operation. [10 marks] Outline the original (Civil and Criminal) and appellate jurisdiction of the following Victorian Courts: Magistrates’ Court, County Court and Supreme Court (Trial Division and Court of Appeal) [4 marks for each court] Trigwell Case Parliament Changing the law Juries Court made law Constitution Elements of an effective LS Reforms Remedies/sanctions ADR
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