Legal Studies Revision Seminar Presented by Mareea Smith Geof Bailey Shane Hennessy.
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Transcript of Legal Studies Revision Seminar Presented by Mareea Smith Geof Bailey Shane Hennessy.
Legal Studies Revision Seminar
Presented by
Mareea SmithGeof Bailey
Shane Hennessy
The Examination Based on scope of 2010 curriculum
statement (all should have a copy) 5 Topics covered:
Topic 1: The Australian Legal System Topic 2: Constitutional Government Topic 3: Law-making Topic 4: Justice Systems Topic 5: The Family and the Law.
NB: www.saceboard.sa.edu.au/society/subjects.php
Examination Structure 2 Parts: Short Responses
Fictitious situation Stimulus response Legal application Short response – stand alone
Extended Responses Multiple parts Single Parts
Weighting and allocated marks
Part A – 60% Part B – 40%
Whole paper: 180 mins (3 hrs) for 100 marks
1 mark = 1.8 minutes
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
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)
Content: How many marks?
Part A: Short Answer- Fictitious situation [1-2 marks]
- Stimulus response [1-3 marks]- Legal application [1-3 marks]- Short response: stand alone [1-2
marks]
How many marks? (cont)
Part B: Extended Response 2 types:
Multi-part (2-3 parts totaling 20 marks) Single Part (20 marks)
NB: 2009 Examination indicated a choice
How much is enough?
Fictitious1 mark = 1 concept or sentence2 marks = 2 concepts, argument or supporting example
Stimulus response2 sourcesHigher order or multi-faceted question the most marks e.g. 1(g), 3(g), 4(f) 5(d) 2009 examination
Legal applicationApplication of material to problem/issue = most marks e.g. 4(e) 2008, 5(d) 2009 examinations
Stand alone short responseAs per short fictitious
Examples from 2009: Fictitious
2(a) What constitutional power did the cwlth use to pass the bill? (1)Specific power
2(f) Could the courts have made the law about fog lights? (1)Not in manner prescribed by marine Safety Act as judges can only create case law to limited extent necessary to bring finality to novel cause of action.
Examples from 2009: Stimulus Response
3(a) How did Senator Rema become a minister? (1)Elected as member of Senate whose party won govt, then selected by party as member of cabinet and sworn in by G-G on advice of PM
3(g) Outline two ways Plt contributes to social cohesion (2)Enacts laws to protect community rights + values; Prescribes ASB + consequences for breach; Creates govt Exec agencies to enforce/administer laws and courts to resolve disputes; Reforms statute law as dictated by changing circumstances [ANY TWO OF THESE]
Examples from 2009: Legal Application
5(d) Using…relevant authorities…present a legal argument that either party could submit… (3)FORCwlth Plt passed CPA Act as valid exercise of s51(xxxvi)Brandon not appropriate authority as cwlth did not make error + HCA not bound by own prior decisions
AGAINSTCwlth Plt exercised powers ultra vires constitution Brandon appropriate as Cwlth made error that FBHCA needs to remedy by declaring it invalidWhile HCA not bound, should uphold Brandon to maintain consistency
Read the question! Examples
Describe the parliamentary stage of law-making2009 7(c)Only Pltry stages asked for
Describe how the parliament influences the operation of the courts 2009 9(b)Don’t choose unless can answer question. Too many said plt doesn’t have influence due to concept of Judicial Independence.Needed to talk about making laws courts interp, enforce and apply; making laws that create rules such as Evidence Act, Acts Interp Act, Juries Act…
Directive terms
Comment Describe Discuss Explain How Identify
Justify Outline What Why Should Summarise
Using examples evaluate
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 fictitious and stimulus questions
Do not list
Statement Explanation Example
EXAM PREPARATION
• Organise notes• Topic list of concepts• Likely essay list• Manageable study time line• Cram – Sleep – Coffee• Use notes to answer past questions
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
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
EXTENDED RESPONSE – SINGLE PART[Q 14, 2008]‘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)
Paragraph 0ne Separation of Powers Paragraph Parliament makes the laws…
representative govt…leg Executive…enforces the laws…
responsible govt….del leg Judiciary...settles disputes about the
laws…indep judiciary Why sepAration of powers X:_______________________
Parliament making law 1 Discuss the process by which laws
are made Demonstrate you understand: Bi-cameral Parliament Second reading Committee of the whole X:_________________________
Parliament making law 2 “laws made by Parliament are important
because…… Social Cohesion (a) the laws reflect the values of society (b) having identified (a) Parliament then
sets acceptable standards of behaviour (c) Institutions for settling disputes exist,
the executive & judiciary (d) providing for change Social Progress X;________________________________
Executive making law 1 A paragraph outlining the process by
which delegated legislation is made.
X: anything but fisheries!!!!!!!!!!!!!!!!!!!!!
X:____________________________
Executive making law 2 “laws made by THE EXECUTIVE are
important because…… Year 10 standard: (a) emergencies (b) expertise, not fish!!! (c) local knowledge (d) Government does not have majority in
upper house X:______________________________
Judiciary making law 1 Judges make laws in 2 ways (a) Common law…mention precedent,
stare decisis, ratio decidendi X:__________________________
(b) Statutory Interpretation X:_________________________
Judiciary Making Law 2
In a common law dispute (civil) a judge will hear arguments from both parties to the dispute then deliver her decision in a judgment. The judgment sums up arguments from both sides and includes a ratio decidendi (reasons for decision). THIS RATIO IS THE LAW arising from the dispute and is a common law precedent (legal principle) that must be followed in future similar fact cases in inferior courts in the same hierarchy.
The use of precedent upholds the legal principle, STARE DECISIS (to stand by matters decided), meaning that to ensure social cohesion occurs, similar cases should result in similar outcomes.
Judiciary making law 2 “laws made by the JUDICIARY are
important because…… Judges need to make law because…. Settle disputes where no relevant
legislation exists Settle disputes where the dispute is about
the meaning of a word or phrase X:_____________________________
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 orbecause 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
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: Q14 (2007) requires assessment of all modes not just judge-made