Legal Studies Exam Preparation Guide

Prepared By

Peter Cavouras

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: http://www.sace.sa.edu.au/web/legal-studies/

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 minutesPart A Short answer 60 100Part BSection 1 20 40Section 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 [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

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

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(f), 2(c), 3(h) 2010 examination

Legal applicationApplication of material to problem/issue = most marks e.g. 4(e) 2008, 5(d) 2009, 2(c) 2010 examinations

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 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 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

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