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