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Legal Studies Exam Preparation Guide Prepared By Peter Cavouras.

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1 Legal Studies Exam Preparation Guide Prepared By Peter Cavouras

2 The Examination  Based on scope of 2013 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:

3 Examination Structure  2 Parts:  Short Responses Fictitious situation Stimulus response Legal application Short response – stand alone  Extended Responses Multiple parts Single Parts

4 Weighting and allocated marks  Part A – 60%  Part B – 40% Whole paper:  180 mins (3 hrs) for 100 marks 1 mark = 1.8 minutes

5 Exam Time Management Structure of exammarksminutes Part A Short answer60100 Part B Section 12040 Section 22040* Totals100180 *Nature of question would suggest more time

6 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)

7 Content: How many marks?  Part A: Short Answer [in 2011] - Stimulus response [1-3 marks] - Legal application [1-3 marks] not done in 2011 - Short response: stand alone [1-2 marks] not done in 2011

8 How many marks? (cont)  Part B: Extended Response  2 types: Multi-part (3 parts totaling 20 marks) Single Part (20 marks) NB: 2011 Examination indicated a choice

9 How much is enough?  Fictitious 1 mark = 1 concept or sentence 2 marks = 2 concepts, argument or supporting example  Stimulus response 2 sources Higher order or multi-faceted question the most marks e.g. 1(f), 2(c), 3(h) 2010 examination  Legal application Application of material to problem/issue = most marks e.g. 4(e) 2008, 5(d) 2009, 2(c) 2010 examinations

10 Read the question ! Examples  Describe the parliamentary stage of law-making 2009 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…

11 Directive terms  Comment  Describe  Discuss  Explain  How  Identify  Justify  Outline  What  Why  Should  Summarise  Using examples evaluate

12 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

13 Do not list  Statement  Explanation  Example

14 EXAM PREPARATION  Organise notes  Topic list of concepts  Likely essay list  Manageable study time line  Cram – Sleep – Coffee  Use notes to answer past questions


16 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

17 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)

18 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:_______________________

19 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:_________________________

20 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;________________________________

21 Executive making law 1  A paragraph outlining the process by which delegated legislation is made.  X: anything but fisheries!!!!!!!!!!!!!!!!!!!!!  X:____________________________

22 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:______________________________

23 Judiciary making law 1  Judges make laws in 2 ways  (a) Common law…mention precedent, stare decisis, ratio decidendi  X:__________________________  (b) Statutory Interpretation  X:_________________________

24 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.

25 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:_____________________________

26 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

27 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

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