Legal Studies Exam Preparation Guide Prepared By Peter Cavouras.
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Transcript of Legal Studies Exam Preparation Guide Prepared By Peter Cavouras.
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Legal Studies Exam Preparation Guide
Prepared By
Peter Cavouras
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The Examination Based on scope of 2015 subject outline
(all should have a copy) 4 Topics covered:
Topic 1: The Australian Legal System Topic 2: Constitutional Government Topic 3: Law-making Topic 4: Justice Systems
NB: http://www.sace.sa.edu.au/web/legal-studies/
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Examination Structure 2 Parts: Short Responses
Fictitious situation Stimulus response Legal application – none in past few years Short response – stand alone
Extended Responses Multiple parts Single Parts
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Weighting and allocated marks
Part A – 60% Part B – 40%
Whole paper: 180 mins (3 hrs) for 100 marks
1 mark = 1.8 minutes
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Exam Time ManagementStructure of exam marks minutes
Part A
Short answer 60 100
Part B
Section 1 20 40
Section 2 20 40*
Totals 100 180
*Nature of question would suggest more time
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Paper design
Write in booklet within allocated spaces Space indicates response length (consistency) Marks allocated as per front cover NB: Expectation most time spent per marks on single
part question Separate 16 or 32 page booklet for extended responses
(to provide enough space)
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Content: How many marks?
Part A: Short Answer- Stimulus response [1-4 mks] Nb 1(c) 2(e) 3(g)
4(b) in 2014
STIMULUS ONLY RELEVANT FOR ONE PART
- Legal application [1-3 marks] not done in 2011-14
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What to write for 4 Marks…1
1(c) Explain two features of the Australian constitutional system of government. (4 marks)
Constitutional rules written (codified) rules enumerated in AC, such as Cwlth Parliament
is bicameral with HR + Senate Constitutional conventions rules not enumerated in the AC, such as Exec govt formed from the
party which commands majority seats in HR.
Constitutional head of state hereditary British monarch the titular head of state, though not
enumerated in the AC. Monarch (and representative, the G-G) can only exercise exec power on advice of exec govt at Federal Executive Council.
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What to write for 4 Marks…2
1(c) Explain two features of the Australian constitutional system of government. (4 marks)
Constitutional exercise of power All institutions of govt in the 3 arms (LEJ) can only exercise power
consistent with constitutional law. Citizens can exercise the right to challenge exercise of power as ultra vires the AC in an independent HCA
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How many marks? (cont)
Part B: Extended Response 2 types:
Multi-part (3 parts totaling 20 marks – all 10,5,5 combo)
Single Part (20 marks)
NB: 2011-15 Examinations indicated a choice
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How much is enough?
Fictitious Text Box/Table/Picture1 mark = 1 concept or sentence2 marks = 2 concepts, argument or supporting example3 - 4 marks = paragraph
Stand Alone – no stimulus1 mark = 1 concept or sentence2 marks = 2 concepts, argument or supporting example3 – 4 marks = paragraph
NB: Recently 4 x questions totaling 15 marks
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Read the question! Examples
Discuss the role of private members’ bills in the making of legislation.2014 5(a)Only private members’ bills
Critically analyse the extent to which it is an appropriate role of judges to create law 2014 7(c)Don’t choose unless can answer question. Basically asking should judges make law.Whether appropriate depends upon their attitude re non-elected officials and examples are needed. Best to argue both sides.
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Directive terms
Comment Describe Discuss Explain How Identify
Justify Outline What Why Should Critically analyse
Using examples evaluate…
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10 Minutes reading time
1. Pick essays and prepare quick plans [Allow 6 minutes]
2. Check Section A questions making short notes as you go
3. Read questions first re stimulus questions
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Do not list
Statement Explanation Example
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EXAM PREPARATION
Organise notes Topic list of concepts Likely essay list Manageable study time line Cram – Sleep – Coffee Use notes to answer past questions
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Single Part Extended Response:A question designed to extend you
1. LEAVE TIME 2. PLAN 3. READ QUESTION CAREFULLY 4 IDENTIFY COMPONENTS 5. READ INSTRUCTIONS AND
LOOK FOR LINKS 6. RELEVANT POINTS FOR EACH
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Single Part Extended Response:A question designed to extend you (cont.)
7. ADD LINKS TO PLAN 8. DON’T FORGET TO EVALUATE 9. ORGANISE, STRUCTURE AND
BALANCE 10. ONLY THEN START WRITING
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EXTENDED RESPONSE – SINGLE PART[Q 9, 2015]‘’Although delegated bodies play a key role in the ALS they must be closely supervised.’
Using examples, evaluate this statement. (20 marks)
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Paragraphs 1-2
What is DL - law made by exec agencies delegated law-making power through enabling Acts of parliament
Who makes DL – Local government councils, government departments, statutory bodies e.g. councils re no standing signs or dog control; SAPOL or the Fire Service; CAA re administration of courts
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Paragraph 3 Relationship between parliaments and delegated
authorities - Parliaments pass enabling legislation in broad principle and delegate lawmaking power to authorities to make regs within jurisdiction to:
relieve the workload of parliament
technical expertise
decentralise lawmaking
address emergency situations
administrative efficiency Relationship allows ALS to make all relevant laws to
effectively achieve social cohesion + social progress
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Paragraph 4 Supervision of delegated authorities – All accountable
for laws they make. As unelected bodies (except Councils) must be subject to scrutiny. Examples include:
Parliamentary supervision
One House of Parliament can disallow regulations
Executive supervision
Parliaments have created supervisory bodies, e.g. Office of Auditor General and Ombudsman to scrutinise and report to parliament
Judicial supervision
competent courts can invalidate regulations if they exceed the authorities’ powers to make and enforce laws.
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Paragraph 5
What happens if no supervision
Provide examples
Too many regulations
Proliferation of quasi-autonomous non-govt orgs
Unchallenged regs
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Delegated law making DL = Executive made law… Quicker, easier, more responsive Supervision by whom and why (L/J) For J dispute has to come to court What happens if there is too much? Key role – Y or N? Advantages and disadvantages Conclusion.. X;________________________________
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Don’t forget to evaluate
14. ‘Laws made by parliament, the executive, and the judiciary are equally important, even though parliament is the sovereign law-maker.’
Using examples, evaluate this statement. (20 marks)
Evaluate: not true! All 3 arms have a role to play In a democracy Parliament should be superior but… In Canberra does the executive control Parliament or
because the govt does not have a majority in the Senate does this mean…….
Or do the decisions of the 7 judges have a greater influence eg Eco Stimulus Package
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Common errors
Trying to fit a rote-learned answer to the question
The use of dated examples/material Not planning the response – thinking time is
needed to determine which way to answer and if you can answer the question.
EXAMPLE: Q12 (2010) requires assessment of all arms of government