1. Legal Studies Exam Preparation Guide Prepared By Peter Cavouras

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

3. 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

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 - 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

8. 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. 

9. 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

10. 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

11. How much is enough?  Fictitious Text Box/Table/Picture 1 mark = 1 concept or sentence 2 marks = 2 concepts, argument or supporting example 3 - 4 marks = paragraph  Stand Alone – no stimulus 1 mark = 1 concept or sentence 2 marks = 2 concepts, argument or supporting example 3 – 4 marks = paragraph NB: Recently 4 x questions totaling 15 marks

12. 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.

13. Directive terms  Comment  Describe  Discuss  Explain  How  Identify  Justify  Outline  What  Why  Should  Critically analyse  Using examples evaluate…

14. 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

15. Do not list  Statement  Explanation  Example

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

17. Single Part Extended Response: A question designed to extend you  1.LEAVE TIME  2.PLAN  3.READ QUESTION CAREFULLY  4IDENTIFY COMPONENTS  5.READ INSTRUCTIONS AND LOOK FOR LINKS  6.RELEVANT POINTS FOR EACH

18. 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

19. 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)

20. 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

21. 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

22. 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.

23. Paragraph 5  What happens if no supervision  Provide examples Too many regulations Proliferation of quasi-autonomous non-govt orgs Unchallenged regs

24. 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;________________________________

25. 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

26. 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