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What weighting does each Area of Study have over the whole course?
Is this weighting reflected in the exam? Unit 3 AoS1 Study Design Examination 2011 Examination 2012 12.5% 14% 16% Unit 3 AoS2 25% 19% 26% Unit 3 AoS3 12.5% 13% 11% Unit 4 AoS1 20% 19% 17% Unit 4 AoS2 30% 36% 30%
Give each Area of Study the appropriate level of revision time dont focus too much on one topic at the expense of the others. Legal Studies notes by Mr. S. Phelan
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Legal Studies notes by Mr. S. Phelan Edrolo Powered by Tutor On Demand, Pty Ltd
Prosecution
Burden of proof Party brought to court Standard of proof Verdict at trial Outcome of successful verdict Aim of court action
Borne by prosecution Defendant Beyond reasonable doubt Guilty or not guilty Sanction Punish offender
Borne by plaintiff
Defendant
Balance of probabilities Liable or not liable Remedy Restore plaintiffs rights
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Separation of powers
Representative
Responsible
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Australian
Crowns representative Upper House Governor-General
Senate House of review, States House. 76 Senators (12 each state, 2 each Territory, Elected for 6 years, half every 3
Victorian
Crowns representative
Upper House
Legislative Council 40 members, 8 members elected from 5 Districts, equal in size, Elected for 4 years
Governor
Lower House
House of Representatives Elected for 3 years, 150 members, each represent an area
Lower House
Legislative Assembly Elected for 4 years, 88 members each representing an equal area
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Roles
Australia
Crown
Royal Assent to Bills Chair meetings of Executive Council Dismiss and swear-in PM and Parliament Issue writs for elections Ceremonial duties Review Bills passed by lower house, represent the views of the States as they review Bills
Victoria
Royal Assent to Bills Chair meetings of Executive Council Dismiss and swear-in Premier and Parliament Issue writs for elections Ceremonial duties
Upper House
Lower House
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Separation of Powers
Power
Legislative
Held by?
Parliament
Executive Council (G-G and 2 Ministers) In essence held by government
Function
Responsible for making the laws Responsible for administering and enforcing the laws passed by Parliament Responsible for interpreting and applying the laws in cases that come before the courts
Executive
Judicial
Must be kept separate to avoid abuse of power allows for checks and balances in our system
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Ministers those charged with delivering policy through government departments, are accountable for their actions. Ministers who dont act responsibly can be sacked or stood down (Peter Garrett, Craig Thompson, Peter Slipper, Geoff Shaw are recent examples). If Ministers dont act responsibly we can lose confidence in the government and vote them out at the next election
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Influences on law-making
Law Reform Bodies VLRC
Courts
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Two means of undertaking a review: 1. Instructed by the Attorney-General 2. Initiate review on minor areas of law based on own observations/concern Process of undertaking a review: 1. Instructed by the Attorney-General 2. Seek public input via website and community forums 3. Input can be sought from other sources such as, expert opinions, laws and law reform undertaken interstate or overseas 4. Report and findings presented to Attorney-General 5. Report tabled in Parliament and acted upon/not acted upon at the discretion of the government
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Petition
An assemblage of people Demonstration in a public place supporting some action or legislative change Lobbying
Joining a lobby group and approaching MPs directly Letters to the Editor or using talkback radio Legal Studies notes by Mr. S. Phelan
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Use of media
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Lower House is the Peoples House and the people often have a say in the laws that are made Lower House is responsible for determining government and the government introduces most Bills Majority of Ministers are members of the Lower House and Ministers introduce most Bills
1st Reading Formal notice to introduce Bill Long Title is read Bill is timetabled for debate at a future time
2nd Reading Ministers speech to outline purpose of Bill Copies given to all MPs Bill is debated with a formal debate controlled by Speaker
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Weaknesses Parliamentary time is often dominated by party politics rather effective and representative law making. When parliament delegates law making authority, laws are being made by authorities that were not democratically elected and these laws may lack scrutiny by parliament. Parliamentary debate and change in the law can be a very slow process. Parliament has relatively few sitting days, creating a limit to the number of bills that can be presented. Obstructionist If both houses are controlled by the government the role of the House of Review becomes virtually meaningless (eg. (Howard 2004 to 2007, Commonwealth Parliament and the changing balance of power in the Senate from 1 July 2008; Brumby since 2006) Rubber Stamp government controls both houses so debate in second house is often limited Controversial issues may not be fully addressed Legislation can be a compromise between competing interests and becomes less effective Difficulties in creating law in futuro Residual powers lead to differences in key areas between states (eg. Road and water law)
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Question 7 A former member of parliament recently commented that the use of the media has been effective in influencing change in the law in recent times, given that parliament itself has weaknesses as a law-maker. a. Using one example, explain how individuals or groups may use the media to influence legislative change. 2 marks
UNIT 3
2011
Area of Study 1
Q7a.
1.5/2
Full marks were awarded to students who used examples and explained how individuals or groups used the media to influence a change in the law. It is not enough to just provide an example. Individuals or groups may use the media to bring an issue out in the public domain and have members of the community discussing the issue and putting pressure on their parliamentarians to make a change in the law. For example, the pressure group GetUp! uses a range of media such as advertisements, websites, twitter and Facebook to raise awareness of issues, encourage community members to sign petitions and communicate with parliamentarians.
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