Legal Studies - PART B

Question 1

How should you start your written exam?

Answer 1

The legal issue is…

Question 2

What should be included in your Intro?

Answer 2

• what legal issue is
• why it’s a problem
• context/background

Question 3

Is the Intro seperate from Nature?

Answer 3

Yes

Question 4

What should you focus on for Nature?

Answer 4

• essence and elements
• what is the issue/contrversy/debate
• define the issue
• significance of the issue
• why does issue exist?

Question 5

Is Nature its own paragraph or can I include it with Scope?

Answer 5

OWN SEPERATE Paragraph

Question 6

What does Scope include?

Answer 6

• extent (how big) of problem
• who is affected
• result/effect on stakeholders:
  society/ parties involved /people/WHO?
• given how many people are involved = what’s the importance of the issue
• which juristiction is responsible (federal/state/courts/police)

Question 7

Does Scope come first or Nature?

Answer 7

1. Intro
2. Nature
3. Scope
4. Viewpoint
5. Alternatives
6. Recommendations
7. Conclusion

Question 8

What does Viewpoint invlove?

Answer 8

• varying opinion
  (from SOURCES - expert opinion)
• must reference sources
• pick 2 different/opposing sides
• side with one
• MUST use direct quotes

Question 9

Recommendations are always before Alternatives? No?

Answer 9

No:
1. Intro
2. Nature
3. Scope
4. Viewpoint
5. Alternatives
6. Recommendations
7. Conclusion

Question 10

What should I focus on for my Alternative paragraph?

Answer 10

• 2 different things instead of legal issue
• discuss implications (legal criteria - can’t offend rule of law/just and equitable outcomes)
• discuss consequnces/implications of the not as good alternative (show why )

Question 11

Should my Recommendation be the worser of my 2 Alternatives?

Answer 11

NO: Your Recommendation is always the better of your 2 Alternatives

Question 12

What does the Reccomendation mean?

Answer 12

• better alternative
• chosen because it upholds rule of law /just & equitable outcomes
• implications /outcomes: positive AND negative

Question 13

What should the Conclusion be?

Answer 13

A summary of evrything stated in Intro.

Question 14

What’s a stakeholder and where would I talk about them?

Answer 14

• persons/parties involved
• discuss in Scope

Question 15

What is the legal criteria? What’s its importance?

Answer 15

• rule of law/just &equitable outcomes
• applies to Alternatives

Question 16

When I make my Recommendation in my second-last paragraph how do I talk about my chosen** Alternative**?

Answer 16

Discuss both positive AND negative implications/outcomes of alternative chosen.

Question 17

What Juristiction is responsible for Jury? Where should I mention this?

Answer 17

• Court/State
• Scope

Question 18

How many mebers of Jury are there?

Answer 18

12

Question 19

How is the Jury chosen at random?

Answer 19

The electoral roll

Question 20

At what offences are the Jury present at?

Answer 20

Indictable offences (serious offence e.g. murder)

Question 21

Is Jury ‘majority rules’ when reaching a decision?

Answer 21

No. A Jury must be unanimous with everyone in agreement - their decision must also be satisfiable beyond reasonable doubt

Question 22

What is Jury reform?

Answer 22

• people not wanting Jurys in court cases
  instead:
• Judge only trials
• trial by panel
• professional judges

Question 23

What happens if the Jury can’t reach a decision?

Answer 23

Considered a ‘hung jury’ and case must begin again later with a new jury (brand new 12 people)

Question 24

What is the idea behind having a Jury?

Answer 24

‘Trial by peers’