Preparing for the HSC

1. Preparing for the HSC Legal Studies 2018 Presented by: Peta Bailey BB, LLB, Dip Ed, Dip Prof.Leg.Prac, Cert. Gifted Education, JP Singleton HSC Legal Studies Presentation 2018

2. Clever green -Sydney’s Favourite barrister Singleton HSC Legal Studies Presentation 2018

3. Why legal studies is important! • “There is a lot of loose talk in Australia about democracy, the rule of law and basic rights. Yet unless we educate future citizens concerning the broad outline of our laws, they may grow up feeling that law is alien to their experience. I want them to grow up insisting that the law must be just and modern and accepting the citizen’s responsibility to ensure that this is so.” • Michael Kirby AC CMG • Former Justice of the High Court of Australia • “Some men see things as they are and say why, I dream things that never were and say why not” • John F Kennedy • 35th President of the United States • (assassinated 22/11/1963) Singleton HSC Legal Studies Presentation 2018

4. To be successful in legal studies • Know your syllabus dot points of your topics • Know the glossary of keyterms • Be aware of legal terminology • Understand the themes and challenges of your topics • Use relevant Acts, Treaties, Conventions, Cases, Media articles Examples and Statistics. • Make judgements (throughout) on the effectiveness of the legal system in dealing with particular issues • Be aware of emergent issues in our legal system that may or are leading to law reform Singleton HSC Legal Studies Presentation 2018

5. General advice -Know your stuff • Know the key directive terms and apply them correctly – highlight them as soon as you look at any question. • Know your Legal termsand use them appropriately – for example, “seek redress” not “fix” or the judge/magistrate “said” rather than “handed down a judgment in favour of” . • Having a glossary of terms and definitions that you learn off by heart before a test is beneficial. • A personal legal dictionary using an index book could be handy for revision. • Many answers should start with a definition in the intro paragraph (handy for many short answer questions that require definitions too). Singleton HSC Legal Studies Presentation 2018

6. NESAis a valuable Site Singleton HSC Legal Studies Presentation 2018

7. So is the Bored of Studies • Be mindful you need to triangulate material from this site because its self editing just like Wikipedia. Singleton HSC Legal Studies Presentation 2018

8. Time management- You need to be an All- Rounder • There are THREE parts to the paper • Multiple Choice (20 marks) • Crime (15 Marks) • Human Rights (5 Marks) • Short Answer (30 marks) • Human Rights (15 Marks) • Crime (15 marks) • Options (2) X (25 marks each) • Use Reading Time Wisely • Know which of the two option questions you are going to answer. • Choose which alternative to each topic area best suits your knowledge. • Plan your timing for each section of the paper • Write your timing deadlines on the paper Singleton HSC Legal Studies Presentation 2018

9. Multiple Choice Questions • Multiple choice questions must be looked at for the most correct answer. There will usually be an answer which is close to correct. • BUT there is one that is most correct. Be careful you are not distracted. • Make sure you know your terminology (definitions) • Make up your own Legal dictionary using an A-Z index book, and use this as the basis of your study for this section. • Don’t agonise over an answer for too long • Allow 20 minutes for this section. Singleton HSC Legal Studies Presentation 2018

10. Short Answer Questions – Human Rights & Crime • Be aware of the syllabus, it must (should) be the source of all questions. • Identify the themes* of the Short Answer topics and respond appropriately • * From the syllabus Singleton HSC Legal Studies Presentation 2018

11. Rubrics Singleton HSC Legal Studies Presentation 2018

12. Extended Responses - combine theory with practice • Year 11 essays are more theoretical, however in the HSC course your essays should focus on what has and is actually happening in the Legal System rather than what could happen – for example, if your extended response is on Family Law or Consumers you must discuss what the actualsituation is NOW, not so much 20 years ago, not the textbook history alone of what has happened in the past. • Best answers will combine theory with practice – for example, the citing the relevant legislation, the reasons the law was reformed and then using statistics/ case examples/media to evaluate whether changes to the law have achieved their objective/s or if further reform is required. Singleton HSC Legal Studies Presentation 2018

13. Using the directive terms in extended responses. • To discuss/analyse/explain etc what is actually happening in the legal system requires current legislation, cases, statistics and examples. • Some of this information may be provided for you in stimulus material which does appear to be creeping back into exams, but you must come to exams prepared with memorisedlegislation, cases, statistics and examples . • Write a sheet of relevant stats and learn them off by heart before the exam. You won’t need too many. Eg. Crime stats, divorce rates, couples seeking counselling, consumer claims through Fair Trading. • If you are doing Consumers, look at Nimble, Cash Train, Motor Finance Wizard, The Big 4 banks and financial advisors etc. All have been subject to recent investigation for dodgy deals for people who can’t afford or victims of unconscionable conduct Singleton HSC Legal Studies Presentation 2018

14. Structure your essay well • The best way to ensure a good structure is to take a few minutes to write an essay plan on your question sheet or at the start of your answer booklet. You can go back and add to your plan at any time as you’re writing. • Use either a linear format or mind-map to outline key points • Your introduction should be one or two paragraphs only. Don’t say “In this essay I will..” (Don’t use first person). Provide any necessary definitions and make some general broad comments about your topic area. • It sounds much more learned to say “ the research indicates”, “opinion favours” or “media reports suggest” Singleton HSC Legal Studies Presentation 2018

15. Proving Effectiveness- give examples of how laws have been successfully used to achieve justice • Cite cases of successful application of the law • There is no point in having wonderful sounding laws if they don't work in practice. • You should also look at cases where the law may have been used successfully or unsuccessfully • Examine why that was the case. Singleton HSC Legal Studies Presentation 2018

16. Justice – Be very clear about what this means • For whom? • Simple version = equality, fairness and access (cost, time and knowledge) • Expanded version = • Laws are consistently applied (rule of law) • Human rights are recognised and protected • Allow for natural justice (procedural fairness) • Is public (seen to be done), promotes human dignity etc • Laws are not retrospective • Laws do not unfairly target, disadvantage, impact upon particular groups • Flexible enough to take context into account Singleton HSC Legal Studies Presentation 2016

17. Proving Effectiveness • This may be statistical evidence such as reduced pollution levels have resulted from stricter environmental controls or reduced work related accidents from more effective workplace health and safety laws. • Reduced number of family breakdowns (unfortunately unlikely) • Changes in community attitudes to police, • Increased willingness of people to make complaints, • Increased police awareness or sensitivity in dealing with victims or offenders, • More media discussion or, • Improved female workplace participation rates Singleton HSC Legal Studies Presentation 2018

18. Factors limiting Effectiveness • No law can ever be totally effective because the law is only one factor affecting peoples behaviour. • There may be many factors that mean the law can't achieve what it sets out to do. • These factors could include people’s attitudes ( the law can change behaviour but not necessarily attitudes). • Education is the only way to achieve a long term change in attitude. • Difficulties in applying the law because of lack of financial, human or technical resources, • The fact that changes often happen very slowly, • Important people may ignore laws or people may be reluctant to use the legalsystem in all areas of the law Singleton HSC Legal Studies Presentation 2018

19. Additional factors limiting effectiveness. • The cost of legal action (poorer people may plead guilty because they cannot afford the legal cost) and • Delays in having complaints processed.(the time spent in gaol on remand may be lengthy and what if you are found to be innocent?) • Unequal application of the law to different groups…the issue of police and judicial discretion (unequal treatment before the law is not limited to the United States) • Examples • Over representation of Aboriginal and socio-disadvantaged persons incarcerated. Singleton HSC Legal Studies Presentation 2018

20. Grading an Essay ( abbreviated example)refer to NESAwebsite to see full criteria Singleton HSC Legal Studies Presentation 2018

21. Developing your summaries for Legal Studies extended responses. • Your summaries need the key information you need to answer any question. They should include: • Syllabus dot points • Analysis of the themes and challengesof your topics • Legislation, treaties and conventions • Cases- Australian (mostly) , UK and US (only for comparison) • Examples – from newspapers, articles, TV, internet • Statistics – rates of change • Judgements of effectiveness - is the law made a difference? • Reform – how is it changing or being changed and why? Singleton HSC Legal Studies Presentation 2018

22. Some thoughts about extended responses #1. • Don’t hand in prepared answers or reproduce these in examinations – you have to answer the question asked. You will be marked down for this. • Plan your answers, its worth taking 5 minutes to plan your extended responses. • Include relevant Legislation, Cases, Examples, Statistics and make sure you make judgements about effectiveness. • Don’t make up cases. • Know the directive key terms and follow the rubric. • Don’t forget the markers know the subject and will mark about 600 to 1000 questions over the marking operation. Singleton HSC Legal Studies Presentation 2018

23. Extended Responses #2 • Make Legislationand Cases stand out to the examiner by underlining so the marker can see you know your stuff. Don’t use highlighters, they may not scan well • Reminder, write in the third person. This is an objective style that avoids what sounds like your personal opinion. Lines like “opinion favours” or “the literature suggests” or “the research indicates” sounds much more knowledgeable than “I think”. • Avoid emotional “soap box” type language until you enter politics. • Structure your response so that it has a clear introduction and a strong conclusion that gives a clear indication of your analysis of the issues. Singleton HSC Legal Studies Presentation 2018

24. Recent Legal Issues to consider • 1. Significant changes to sentencing legislation (the Crimes Sentencing Procedure Act) • 2. Introduction of new offence of disrespecting the court • 3. Increasing number of offences that attract mandatory sentences • 4. Decriminalisation of medicinal marijuana • 5. Current inquiry into the effectiveness of the Young Offenders Act • 6. Issues concerning bail and remand • 7. Increased police powers in airports • 8. Discriminatory use of sniffer dogs versus pill testing machines (Act Trial) Singleton HSC Legal Studies Presentation 2018

25. Finally • Good Luck-but remember you make your own luck • This is a stepping stone to your future • The HSC is not a high jump or a hurdle • Its just another adventure in the journey of life • So, enjoy the experience, treat it as a challenge. • It requires hard work, dedication and sacrifice for a period of time • But treat it as fun and you might just be surprised at the outcome. Singleton HSC Legal Studies Presentation 2018