Legal Studies Exam Preparation Guide

Prepared By

Peter Cavouras

The Examination Based on scope of 2015 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 – none in past few years 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- Stimulus response [1-4 mks] Nb 1(c) 2(e) 3(g)

4(b) in 2014

STIMULUS ONLY RELEVANT FOR ONE PART

- Legal application [1-3 marks] not done in 2011-14

What to write for 4 Marks…1

1(c) Explain two features of the Australian constitutional system of government. (4 marks)

Constitutional rules written (codified) rules enumerated in AC, such as Cwlth Parliament

is bicameral with HR + Senate Constitutional conventions rules not enumerated in the AC, such as Exec govt formed from the

party which commands majority seats in HR.

Constitutional head of state hereditary British monarch the titular head of state, though not

enumerated in the AC. Monarch (and representative, the G-G) can only exercise exec power on advice of exec govt at Federal Executive Council.

 

What to write for 4 Marks…2

1(c) Explain two features of the Australian constitutional system of government. (4 marks)

Constitutional exercise of power All institutions of govt in the 3 arms (LEJ) can only exercise power

consistent with constitutional law. Citizens can exercise the right to challenge exercise of power as ultra vires the AC in an independent HCA

 

How many marks? (cont)

Part B: Extended Response 2 types:

Multi-part (3 parts totaling 20 marks – all 10,5,5 combo)

Single Part (20 marks)

NB: 2011-15 Examinations indicated a choice

How much is enough?

Fictitious Text Box/Table/Picture1 mark = 1 concept or sentence2 marks = 2 concepts, argument or supporting example3 - 4 marks = paragraph

Stand Alone – no stimulus1 mark = 1 concept or sentence2 marks = 2 concepts, argument or supporting example3 – 4 marks = paragraph

NB: Recently 4 x questions totaling 15 marks

Read the question! Examples

Discuss the role of private members’ bills in the making of legislation.2014 5(a)Only private members’ bills

Critically analyse the extent to which it is an appropriate role of judges to create law 2014 7(c)Don’t choose unless can answer question. Basically asking should judges make law.Whether appropriate depends upon their attitude re non-elected officials and examples are needed. Best to argue both sides.

Directive terms

Comment Describe Discuss Explain How Identify

Justify Outline What Why Should Critically analyse

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 9, 2015]‘’Although delegated bodies play a key role in the ALS they must be closely supervised.’

Using examples, evaluate this statement. (20 marks)

Paragraphs 1-2

What is DL - law made by exec agencies delegated law-making power through enabling Acts of parliament

Who makes DL – Local government councils, government departments, statutory bodies e.g. councils re no standing signs or dog control; SAPOL or the Fire Service; CAA re administration of courts

Paragraph 3 Relationship between parliaments and delegated

authorities - Parliaments pass enabling legislation in broad principle and delegate lawmaking power to authorities to make regs within jurisdiction to:

relieve the workload of parliament

technical expertise

decentralise lawmaking

address emergency situations

administrative efficiency Relationship allows ALS to make all relevant laws to

effectively achieve social cohesion + social progress

Paragraph 4 Supervision of delegated authorities – All accountable

for laws they make. As unelected bodies (except Councils) must be subject to scrutiny. Examples include:

Parliamentary supervision

One House of Parliament can disallow regulations

Executive supervision

Parliaments have created supervisory bodies, e.g. Office of Auditor General and Ombudsman to scrutinise and report to parliament

Judicial supervision

competent courts can invalidate regulations if they exceed the authorities’ powers to make and enforce laws.

Paragraph 5

What happens if no supervision

Provide examples

Too many regulations

Proliferation of quasi-autonomous non-govt orgs

Unchallenged regs

Delegated law making DL = Executive made law… Quicker, easier, more responsive Supervision by whom and why (L/J) For J dispute has to come to court What happens if there is too much? Key role – Y or N? Advantages and disadvantages Conclusion.. 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