The Legal Studies HSC 2014 Preparation Thread (2 Viewers)

[seventhroot]

So the HSC legal studies exam is less than 12 days away so let's get practicing

A quick tl;dr guide:

Multiple Choice:

• 20 questions drawn from prelim and HSC
• they are 15 crime questions and 5 human rights responses
• these questions are bullshit; don't spend too long on them (~1/question)
• for the average band 6 student; you should be aiming for 17+/20
• Fairly straight forward

Human Rights Short Answers

• This is the part of the paper where most people gg because the simply don't know the content and/or can't structure a coherent response to the question
• YES; include LCM's throughout the response, 2-3 will suffice
• use ~20 words/mark as a rough guide

Crime Essay

• is out of /15
• expecting ~700-800 words / 6 pages
• this and the HR short answers are the common 'scaling' part of the paper so have these as a priority.
• include at least 2-3 LCM's per paragraph and make sure to highlight/underline them so the marker can see. Also do the same with the options [IMO; I would go with underlining in red because exam responses are scanned and may not necessarily show up when they are]

2 x Option Topics

• is out of 25
• you should be spending about 1/2 the exam on these 2 essays
• they should be around 800-1k words and around 8 pages
• Funny story - a person in my class misread it and did 2 family essays lel gg no re

general tips

• write as big as possible
• highlight your LCM's
• spend more time on your essays
• have an exam technique that works for you. I personally did the paper in reverse because I can always guess MC but not the essays
• make sure to know the themes and challenges as well as the principal focus - they can be assessed!
• don't start your essays off with "a crime is defines as...." NO! just no! jump straight into the essay
• know your verbs, assess, evaluate, discuss, etc
• always write an essay plan!

So; I'll post a question below and someone answers and post the next question. I will be happy to mark some responses (CORE + Family + Consumers + Shelter). Please draw evenly from all topics (ie not all crime or HR).

please don't PM me; post everything here

 

[seventhroot]

Question:

Assess the effectiveness of the criminal trial process as a means of achieving justice for the victim and how discretion limits it. In your answer; discuss the benefits of the inquisitorial system over the adversarial system (15 marks)

 

[seventhroot]

strong thread/10

 

[Maxwell]

Legal Studies is on the 29th of October


It's my last exam


Thanks for the tips (even though I do most of them already - especially the write big one )


I didn't consider highlighting LMCR, though. Will definitely do that if I have time.

I personally power through MC during reading time and the first 5-10 minutes of the exam and then do HR pretty quickly so I have 40ish minutes for the crime response and an hour each for the options topic

 

[Maxwell]

Question:

Assess the effectiveness of the criminal trial process as a means of achieving justice for the victim and how discretion limits it. In your answer; discuss the benefits of the inquisitorial system over the adversarial system (15 marks)

I don't like the wording of the question but:

Essay plan

Introduction:
- Define discretion (yolo)
- State discretion has the ability to subvert the achievement of justice for the wider society
- State aspects of the CTP that lead to the achievement of justice for victims - victim impact statements (arguably don't achieve justice for offenders due to disproportionate effects) and mandatory sentencing (but discuss the competing interests of the community and the offender and also the limiting of discretion as judges cannot prescribe appropriate sentences).
- Distinguish between adversarial system (juries/judge plays smaller role, etc.) and inquisitorial system (judges play larger role, no jury)
- State that the inquisitorial system is not constrained by the use of juries, which can be biased, easily swayed, resource inefficient and may not understand evidence.


Body:
- Mandatory Sentencing Paragraph (discretion + achieving justice for victims as offenders are guaranteed a specific minimum sentence)
- VIS paragraph (judicial discretion can be adversely affected + achieving justice for victims as they are involved in the CTP)
- Adversarial system costs and benefits. Inquisitorial system costs and benefits.



CBFed putting in LMCR but you get the point lol.
-

 

[Maxwell]

My questions which you must make essay plans for:


i) Assess issues of compliance and non-compliance in regards to criminal law
ii) 'Criminal law is static.' Evaluate this statement in regards to the criminal justice system.
iii) Assess the effectiveness of the different types of penalties.



Have fun

 

[seventhroot]

I don't like the wording of the question but:

Essay plan

Introduction:
- Define discretion (yolo)
- State discretion has the ability to subvert the achievement of justice for the wider society
- State aspects of the CTP that lead to the achievement of justice for victims - victim impact statements (arguably don't achieve justice for offenders due to disproportionate effects) and mandatory sentencing (but discuss the competing interests of the community and the offender and also the limiting of discretion as judges cannot prescribe appropriate sentences).
- Distinguish between adversarial system (juries/judge plays smaller role, etc.) and inquisitorial system (judges play larger role, no jury)
- State that the inquisitorial system is not constrained by the use of juries, which can be biased, easily swayed, resource inefficient and may not understand evidence.

Body:
- Mandatory Sentencing Paragraph (discretion + achieving justice for victims as offenders are guaranteed a specific minimum sentence)
- VIS paragraph (judicial discretion can be adversely affected + achieving justice for victims as they are involved in the CTP)
- Adversarial system costs and benefits. Inquisitorial system costs and benefits.

CBFed putting in LMCR but you get the point lol.
-

- your intro looks a little too long (imo, 2 paragraphs)
- 3 topics for a body? I would be looking at least 4-5 however they are some good writing points.

also remember to make up cases and reports (but not laws!)

 

[Maxwell]

- your intro looks a little too long (imo, 2 paragraphs)
- 3 topics for a body? I would be looking at least 4-5 however they are some good writing points.

also remember to make up cases and reports (but not laws!)

I rote learn cases/reports/media articles (only alter their names if I cannot remember the full name).


Introduction wouldn't be that long if I actually typed it out (the summarised version ended up being longer lol)


In regards to the body paragraphs, I have gotten 15/15 multiple times from only 3 body paragraphs that are of a substantial amount (e.g. 230ish words). This, collectively with an intro/conclusion, equates to 800ish words.


But if I have enough ideas I do 4. For the options I look to do heaps (4-6)

 

[seventhroot]

I rote learn cases/reports/media articles (only alter their names if I cannot remember the full name).

nah don't bother wasting your brain space with LCM's just do laws and then think of a random name from a TV show, eg Watson, then go with the flow.

"The case of R v Watson [2009] demonstrated the point that the rule of law was not upheld......"

Introduction wouldn't be that long if I actually typed it out (the summarised version ended up being longer lol)

lol ohh yeah and also do an essay plan; fixed the OP

In regards to the body paragraphs, I have gotten 15/15 multiple times from only 3 body paragraphs that are of a substantial amount (e.g. 230ish words). This, collectively with an intro/conclusion, equates to 800ish words.

hmmm; seems like it was marked too easily imo. For the above; assuming you did it okay; i would probably give it maybe ~13/15

But if I have enough ideas I do 4. For the options I look to do heaps (4-6)

that's how much you should be doing for the options (at least)

 

[Maxwell]

nah don't bother wasting your brain space with LCM's just do laws and then think of a random name from a TV show, eg Watson, then go with the flow.

"The case of R v Watson [2009] demonstrated the point that the rule of law was not upheld......"


lol ohh yeah and also do an essay plan; fixed the OP


hmmm; seems like it was marked too easily imo. For the above; assuming you did it okay; i would probably give it maybe ~13/15


that's how much you should be doing for the options (at least)

Justify your answer. I haven't written anything. Here's something I've written which has gotten 25/25 for the options topic. You can be as nit-picky as you would like but don't make up random and unjustified comments.

It was for the question:

“To what extent do legal and non-legal responses to two contemporary issues facing family law result in justice for all parties involved?”

(this is like the fourth paragraph in)

"Parental rights and responsibilities have undergone extensive reforms so that parents fulfil their legal obligations towards their children. Such is reflected by the amendment of the Family Law Act 1975 (Cth) by the Family Law Reform Act 1995 (Cth), which changed terminology encompassing the guardianship of children, as well as furthering the development of parenting plans. This has resulted in the increased resource efficiency of the legal system by helping to subvert families from the courts and utilise alternatives such as mediation. The enactment of the Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth) supplements this effectiveness by accommodating for the changing needs of society through encouraging shared parental responsibility. However, as elucidated by the media article “Reports show shared care needs fixing” [SMH – 2010] , the parent’s right to association with their child has been given greater weight than that of the child’s security, resulting in unjust outcomes. This is reinforced by the media article “Parenting orders in doubt after High Court ruling” [SMH – 2010] and the Rosa v Rosa 2009 case, whereby similar circumstances eventuated, failing to uphold fundamental United Nations’ Convention on the Rights of the Child (1989) principles. Thus, the prioritisation of the parent’s right to association over the child’s safety highlights the relative extent to which justice has been achieved. "



Can post 15/15 trial question for crime after the hsc for you to mark


I also think making up cases is probably something you shouldn't be advocating. Maybe like a naughty one here and there, but not for the whole essay. If a marker actually finds out you've made up cases, your credibility is instantly undermined and your response will most probably be marked down. All it takes is a copy/paste into google (or a type into google w/e)

p.s. I probably sound like a dick but I just personally think advocating deceptive conduct like that is dangerous.

 

[seventhroot]

Justify your answer. I haven't written anything. Here's something I've written which has gotten 20/20 for the options topic. You can be as nit-picky as you would like but don't make up random and unjustified comments.

It was for the question:

“To what extent do legal and non-legal responses to two contemporary issues facing family law result in justice for all parties involved?”

(this is like the fourth paragraph in)

"Parental rights and responsibilities have undergone extensive reforms so that parents fulfil their legal obligations towards their children. Such is reflected by the amendment of the Family Law Act 1975 (Cth) by the Family Law Reform Act 1995 (Cth), which changed terminology encompassing the guardianship of children, as well as furthering the development of parenting plans. This has resulted in the increased resource efficiency of the legal system by helping to subvert families from the courts and utilise alternatives such as mediation [all you've done is simply states some stuff. mention things like the chishlom report or the DOCS study and give specific stats that shows it is in fact improving]. The enactment of the Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth) supplements this effectiveness by accommodating for the changing needs of society through encouraging shared parental responsibility. However, as elucidated by the media article “Reports show shared care needs fixing” [SMH – 2010] (yes use SMH, no daily telegraph, etc), the parent’s right to association with their child has been given greater weight than that of the child’s security, resulting in unjust outcomes. This is reinforced by the media article “Parenting orders in doubt after High Court ruling” [SMH – 2010] and the Rosa v Rosa 2009 case, whereby similar circumstances eventuated, failing to uphold fundamental United Nations’ Convention on the Rights of the Child (1989) principles. Thus, the prioritisation of the parent’s right to association over the child’s safety highlights the relative extent to which justice has been achieved." [very brief; you make some points but don't explain them enough]

that's the only feedback you take? lel

my comments are in bold

please don't take the feedback as "attacking you" or whatever

 

[Maxwell]

that's the only feedback you take? lel

my comments are in bold

please don't take the feedback as "attacking you" or whatever

It's for parental responsibility not the care and protection of children. 'DOCS' studies are irrelevant. Also, it's not called DOCS any more it's called Department of Family and Community Services (FACS).

I could've provided stats where you said so but it is universally agreed that alternative methods of resolving disputes are more resource efficient than courts.

 

[alphabetafeta96]

Holy shit root dont scare me! I almost had a heart attack when I read 12 days to go.

 

[Maxwell]

I do have a question, actually:


How/why do the HR/Crime aspects of the exam scale? It's the same for everybody so that kinda confuses me.

 

[alphabetafeta96]

I don't like the wording of the question but:

Essay plan

Introduction:
- Define discretion (yolo)
- State discretion has the ability to subvert the achievement of justice for the wider society
- State aspects of the CTP that lead to the achievement of justice for victims - victim impact statements (arguably don't achieve justice for offenders due to disproportionate effects) and mandatory sentencing (but discuss the competing interests of the community and the offender and also the limiting of discretion as judges cannot prescribe appropriate sentences).
- Distinguish between adversarial system (juries/judge plays smaller role, etc.) and inquisitorial system (judges play larger role, no jury)
- State that the inquisitorial system is not constrained by the use of juries, which can be biased, easily swayed, resource inefficient and may not understand evidence.


Body:
- Mandatory Sentencing Paragraph (discretion + achieving justice for victims as offenders are guaranteed a specific minimum sentence)
- VIS paragraph (judicial discretion can be adversely affected + achieving justice for victims as they are involved in the CTP)
- Adversarial system costs and benefits. Inquisitorial system costs and benefits.



CBFed putting in LMCR but you get the point lol.
-

In addition to this you can also put the fact that in the I system the rules regarding evidence is more relaxed.

 

[Maxwell]

In addition to this you can also put the fact that in the I system the rules regarding evidence is more relaxed.

That's actually a good point - thanks

 

[seventhroot]

It's for parental responsibility not the care and protection of children. 'DOCS' studies are irrelevant. Also, it's not called DOCS any more it's called Department of Family and Community Serves (FACS).

oops my bad;

DOCS [FACS] is not irrelevant. In that report the mention how the department was failing how to handle cases properly and effectively; and in some cases; time sensitive cases were being "ignored" or delayed - very much relevant

I could've provided stats where you said so but it is universally agreed that alternative methods of resolving disputes are more resource efficient than courts.

where does it say universally agreed? The marker (a teacher) is skim reading your response. If s/he finds something that is conflicting with what they know then they are just going to say it's wrong and move on. remember; they spend at most maybe ~3-4 min/essay

Holy shit root dont scare me! I almost had a heart attack when I read 12 days to go.

soz; looked at the wrong timetable - my bad

fk sao many silly mistakes today :/

I do have a question, actually:

How/why do the HR/Crime aspects of the exam scale? It's the same for everybody so that kinda confuses me.

because that and the multiple choice is the only common part of the whole paper. So those 50 marks means you need to beat the rest of the state in order to be ranked higher among the entire HSC legal cohort

 

[seventhroot]

My questions which you must make essay plans for:

i) Assess issues of compliance and non-compliance in regards to criminal law
ii) 'Criminal law is static.' Evaluate this statement in regards to the criminal justice system.
iii) Assess the effectiveness of the different types of penalties.

Have fun

I'll let someone else do that and instead explain my essay plan: http://community.boredofstudies.org...ences-criminal-charges-achieving-justice.html

so the way I structure my essays was to have a controversial case and base my arguments around that. ezpz

 

[Maxwell]

oops my bad;

DOCS [FACS] is not irrelevant. In that report the mention how the department was failing how to handle cases properly and effectively; and in some cases; time sensitive cases were being "ignored" or delayed - very much relevant

Fair enough, but I wasn't aware of it. Additional evidence isn't warranted considering the paragraph has 7 pieces and is verging on being too long, though.

where does it say universally agreed? The marker (a teacher) is skim reading your response. If s/he finds something that is conflicting with what they know then

You're saying that for the hell of it, lol. That paragraph had 7 LMCR I hardly think any more was necessary or warranted. There's such a thing as 'too much'.
soz; looked at the wrong timetable - my bad

fk sao many silly mistakes today :/

I'ma go to bed because I am so argumentative this will go on forever lol



May I ask what mark you got for Legal Studies root?

 

[seventhroot]

I'ma go to bed because I am so argumentative this will go on forever lol

fair enough; but quality > quantity && but you can't have quality without some quantity

May I ask what mark you got for Legal Studies root?

band 5