...Education 2014 SUPERVISOR TO ATTACH PROCESSING LABEL HERE Letter STUDENT NUMBER LEGAL STUDIES Written examination Tuesday 11 November 2014 Reading time: 3.00 pm to 3.15 pm (15 minutes) Writing time: 3.15 pm to 5.15 pm (2 hours) QUESTION AND ANSWER BOOK Structure of book Number of questions Number of questions to be answered 13 13 Number of marks 70 • Students are permitted to bring into the examination room: pens, pencils, highlighters, erasers, sharpeners and rulers. • Students are NOT permitted to bring into the examination room: blank sheets of paper and/or white out liquid/tape. • No calculator is allowed in this examination. Materials supplied • Question and answer book of 18 pages. • Additional space is available at the end of the book if you need extra paper to complete an answer. Instructions • Write your student number in the space provided above on this page. • You should make use of stimulus material where it is included. However, it is not intended that this material will provide you with all the information to fully answer the question. • All written responses must be in English. Students are NOT permitted to bring mobile phones and/or any other unauthorised electronic devices into the examination room. © VICTORIAN CURRICULUM AND ASSESSMENT AUTHORITY 2014 2014 LEGAL STUDIES EXAM 2 Instructions Answer all questions in the spaces provided. Question 1 (2 marks) Outline one effect of the interpretation...
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...Court Systems and Jurisdiction—Supreme Court Sides With Wal-Mart Question 1 The processes that this case has to go through to get to the Supreme Court are as follows: The plaintiff has to file a document at the clerk of the court stating the reason plaintiff is suing defendant and actions the court should take, then a copy of this complaint and summons are delivered to the defendant. The defendant will now file an answer to agree or disagree with the complaint, information about the case is exchange between both parties and the case will be tried before a Judge or Jury. The judge makes decision or gives the jury verdict and the losing party may accept or appeal the lower court decision at a higher court. Appeals Court reviews the report of the lower court and affirms reverse or remands the case back to lower court. The plaintiffs were not happy about the ruling of the Appeal Court so she files a petition with Supreme Court to review decision of lower court records. Supreme Court decided to hear the case, listing to both parties’ attorneys, looked at the evidences presented, and make their judgment in favor of Wal-Mart. Question 2 Majority opinion can be said to be an opinion or conclusion agreed to by all the presiding judges over a case. The ruling of the Supreme Court Justices over Wal-Mart case can be said to be majority opinion, “writing for the five-member court majority, Justice A. Scalia said that in order to sue as a single class, the women would have...
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...DuHart Race, Religion, Culture Arkansas Baptist College Dr. Johnson, Instructor November 4, 2014 Tables of Contents I. Introduction Background/Statement of Problems pg. 3-4 Purpose of the Study pg. 5-12 Research Questions pg. 13 Significance of the Study pg. 14-19 II. Literature Review Methodology and Sampling Design Strategy pg. 20 Data Collection Procedures pg. 20 Data Analyzed pg. 21 Ethical Issues pg. 21 III. Results Conclusion pg. 21-22 References pg. 23 Appendix: I. Annotated Bibliography pg. 24-26 II. Survey Questions pg. 27 III. Results (Charted/Tables) pg. 28-31 Notes: I. Introduction Background/Statement of Problem Prayer in Public Schools The courts have ruled against prayer in school. Many agree with the decision; yet many disagree. Prayer should be allowed in public schools because it is already practiced. It prevents immoral acts, and it enhances the...
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... PA 205-01 Unit 1 Assignment * Read case study * Describe the difference between legislation and case law The main difference between legislation and case law is who makes them. Legislation (or statutory) law consists of laws that are passed by the legislature, that is legislative branch of the U.S. government, or other governing agency. Examples of legislation include rule regulations and statutes. Judges can interpret what legislative law signifies if a dispute arises about a particular statute’s meaning. Also, a judge can declare a statute unconstitutional if it conflicts with the U.S. Constitution or state constitution. Case law is court or judge made law. It is also referred to as common law. Case law, on the other hand, is not based in origin by the government or legislature but evolves with new decisions made by a judge or court (Cheeseman & Goldman, 2010). * Answer Questions 1. List a statute from the case study and explain what it prohibits The statute in the case of Texas v. Johnson was Texas Penal Code section 42.09(a)(3). This statute prohibited disorderly conduct by a citizen. The Cornell Law School’s Legal Information Institute (LII) noted that in this case, Gregory Johnson’s desecration of a venerable object (the U.S. flag) was viewed as disorderly conduct and a direct violation of this Texas statute ("Texas v. Johnson"...
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...LAW/575 Final Exam 1) Which of the following is true regarding state and federal court jurisdiction? A. In all cases, state courts have concurrent jurisdiction with the federal courts. B. Federal courts begin with exclusive jurisdiction until a state court intervenes. C. In all cases, state courts have exclusive jurisdiction unless the state's Supreme Court grants jurisdiction to a federal court in the state. D. In some cases, state courts have exclusive jurisdiction; in some cases, state courts have concurrent jurisdiction with the federal courts. 2) Which of the following is true regarding a sole proprietorship? A. A sole proprietor shares control of the management of the business. B. The sole proprietor keeps a portion of the profits from the business. C. Profits are not taxed as the personal income of the sole proprietor. D. A sole proprietor is personally liable for obligations of the business. 3) Which of the following is a type of ADR? A. Consultation B. Mediation C. Case argument D. Case analysis 4) Which of the following is an extension of negotiation? A. Arbitration B. Minitrials C. Neutral case evaluations D. Mediation 5) Without obtaining advance permission, Annie places an unflattering photograph of the president of the college that she attends on folders that she is selling outside of class for extra money. Which of the following is true? A. Annie has committed defamation of the college president in the form of slander. B. Annie...
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...Issue-centered paper. Those choosing this track will research and write a paper on a specific issue of constitutional law. The paper will focus on the Court’s treatment of an issue and competing perspectives on it (both on and off the Court), and provide an evaluation and critique of those perspectives. It will culminate in a defense of its own thesis. Possible topics include: • The history, functions, and uses of one of the various “technical barriers” • Scope and limits of the presidential power to pardon • Federalism as a value in the Warren and post-Warren Supreme Court • Federalism as a constitutional concept in the Rehnquist Court • How far did the Rehnquist Revolution in federalism go? • The constitutional status of the War Powers Act (1973) • The concept of Executive Privilege • Are there limits to the Court’s recent “takings clause” jurisprudence? • The impact of I.N.S. v. Chadha (1983) • An analysis of the contemporary understanding and constitutional significance of (a) the reversal of New Deal legislation by the Supreme Court, or (b) the Court Pack Scheme of F.D.R. • Congressional attempts to restrict the jurisdiction of the federal courts...
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...Anthony Cuda HST 388 Court in Context 9/21/14 McCulloch vs. Maryland Court in Context In order to fully understand how gauge whether a Supreme Court case is impactful, it is necessary to understand the types of Supreme Court cases that make up the majority of cases. According to Hall, the Supreme Court has roughly five limited functions; these are “regime enforcement, division of labor, overcoming gridlock, blame avoidance, and legitimation.” These functions are important to understand to really classify a Supreme Court case as truly important. For most people, who do not know history very well, it can be hard to understand how a case tried over 200 years impacts their life today. In the cases succeeding Marbury V. Madison (the first case to use a process known as Judicial Review) we can see these functions being exercised and develop over time....
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...Week 1 Assignment State Court System Trial Courts Trial Courts are also called "Superior Courts." There are 58 Trial Courts--one in each county. In the Trial Courts, a judge, and sometimes a jury, hears testimony and evidence and decides a case by applying the law to the facts of the case. Superior Courts handle: * All criminal cases (felonies, misdemeanors, and traffic tickets) * All civil cases (family law, probate, juvenile, and other civil cases) * Appeals of small claims cases and other civil cases worth $25,000 or less * Appeals of misdemeanor cases Appellate Courts There are two types of Appellate Courts: * Courts of Appeal * California Supreme Court There are 6 Courts of Appeal and one California Supreme Court. Courts of Appeal The Courts of Appeal are California's intermediate courts of review. District headquarters for the Courts of Appeal are located in: * First District: San Francisco * Second District: Los Angeles * Third District:Sacramento * Fourth District: San Diego (Division One) * Fifth District: Fresno * Sixth District:San Jose People who are not satisfied with a Trial Court decision can appeal their case in an Appellate Court. When they "appeal", they ask a higher-level court to change what the Trial Court decided. The role of the Courts of Appeal is not to give new trials, but to review the Superior Court record (court files and transcripts) to decide if legal errors were made. To...
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...to the bar. — Every applicant for admission as a member of the bar must be a citizen of the Philippines, at least twenty-one years of age, of good moral character, and resident of the Philippines; and must produce before the Supreme Court satisfactory evidence of good moral character, and that no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines. Section 3. Requirements for lawyers who are citizens of the United States of America. — Citizens of the United States of America who, before July 4, 1946, were duly licensed members of the Philippine Bar, in active practice in the courts of the Philippines and in good and regular standing as such may, upon satisfactory proof of those facts before the Supreme Court, be allowed to continue such practice after taking the following oath of office: I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to continue in the practice of law in the Philippines, do solemnly swear that I recognize the supreme authority of the Republic of the Philippines; I will support its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best...
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...Admissibility of Polygraph tests, Narco-anlaysis test and Brain-mapping test in reference to Selvi’s case Before answering these questions, it is necessary to examine the evolution and specific uses of the impugned techniques. Hence, a description of each of the test procedures is followed by an overview of their possible uses, both within and outside the criminal justice system. It is also necessary to gauge the limitations of these techniques. Polygraph Examination The origin of polygraph examination have been traced back to the efforts of Lombroso, a criminologist who experimented with a machine that measured blood pressure and pulse to assess the honesty of persons suspected of criminal conduct. His device was called a hydrosphygmograph. The theory behind polygraph tests is that when a subject is lying in response to a question, he/she will produce physiological responses that are different from those that arise in the normal course. During the polygraph examination, several instruments are attached to the subject for measuring and recording the physiological responses. The examiner then reads these results, analyzes them and proceeds to gauge the credibility of the subject's answers. Instruments such as cardiographs, pneumographs, cardio-cuffs and sensitive electrodes are used in the course of polygraph examinations. They measure changes in various aspects such as respiration, blood pressure, blood flow, pulse and galvanic skin resistance. There are three prominent...
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...Fund (LEAF) has been dedicated to advocating for the rights of the most marginalized groups. The inclusion of section 15 in the Canadian Charter of Rights and Freedoms (the Charter) allowed interest groups, like LEAF, to pursue Charter litigation “in an effort to influence the course of judicial policy development to achieve particular policy goals” (Manfredi, 2004,10). Interest group litigation has given LEAF another avenue to evoke change within the Supreme Court of Canada and society as a whole. LEAF has become one of the leading feminist equality rights interveners, working to ensure that section 15 rights are upheld to the fullest extent. Through their participation...
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...Review & Summary: The article that I am reviewing is “ The Public’s Conditional Response to Supreme Court Decisions” (Johnson & Martin 1998). This article specifically speaks to answer, whether the Court affects public attitudes when it makes decisions or initial rulings on a salient issue or subsequent decisions on the same issue. Johnson allows us to investigate the effect of the Supreme Court on public opinion, which offers the conditional response hypothesis based on the theory of Supreme Court legitimacy, and a micro-level social-psychological theory of attitude formation through his writing. To test this prediction Johnson analyzes public opinion data before and after the Supreme Court ruled in a highly visible abortion case (Roe v. Wade 1973), along with three key capital punishment rulings. (Furman v. Georgia 1972, Gregg v. Georgia 1976 & McCleskey v. Kemp 1987) When the Supreme Court made decisions, the public simply accepted them as legitimate. The reasoning behind this is simply because the Supreme Court is seen as the ultimate arbiter of the law. The model used by both Johnson and Martin (1998) is based upon two different theories. The first, since the public generally views the Court as a highly credible institution, individuals are more likely to clearly elaborate their attitudes toward an issue after a ruling. When the court makes its first major decision on a particular, the structure of public opinion changes in a manner consistent with...
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...constitution * To investigate the awareness of the main source of law to the public * To assess the supremacy of the written constitution Methodology During this study, the researcher decided to utilize a series of qualitative approach. The researcher seeks to acquire secondary information via internet sites, books, the constitution, articles and cases as well as statutes. This slant was chosen by the researcher because the various types of secondary information will form a very precise and foolproof study. The topic chosen can be very broad and so the researcher tries to present accurate information. The supremacy of the constitution may be one which is elaborate and compound so people of simple knowledge will find it difficult to give honest answers and information and may focus on what they strongly feel, believe or even heard. For this reason, the researcher decides that she will not use a questionnaire to collect information which is quantitative. A questionnaire is mainly used to gather a broad range of information from various unspecified people; however, the researcher sees no need to collect data in this form because it is more sociological as it deals with feelings and personal perspectives. Also the questionnaire is very time consuming and not sufficient enough for this study. In addition, no interview was done because the secondary data was proven to be most resourceful and quite adequate so the researcher did not think it was necessary to conduct...
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... Legal Studies GA 3: Written examination GENERAL COMMENTS The 2012 Legal Studies examination was challenging for many students. Many common misunderstandings about various aspects of the legal system were evident in responses to the examination. Few students were able to demonstrate knowledge of a directions hearing. Incorrect cases were used as examples of the High Court protecting rights. In Question 3a. few students correctly identified that the Court of Appeal was higher than the Supreme Court (Trial Division) in the court hierarchy. Many students had a limited understanding of the operation of section 109 of the Constitution and struggled to provide a thorough response to Question 3b. Students should become familiar with the study design throughout the year. Students are expected to demonstrate the ability to discuss, explain and evaluate. Students’ ability to evaluate requires more attention. Students should not rely on rote-learned or pre-prepared answers as they will rarely address the question. Time management was an issue in this examination, with many students writing lengthy responses to questions that only required a shorter response, therefore not allowing enough time for longer questions. A shorter question that asks for an outline (for example, Question 1a.) requires no more than one or two sentences in response. Good examination technique is essential and students should practise their technique throughout the year. If students continue their answers at the back...
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...mental depravity and that long-term death row convicts are particularly prone to become mentally unstable. This condition is commonly known as death row phenomenon. In severe cases, some convicts may try committing suicide. Issues relating to the administration of capital punishment are vast and varied. Often, talk about the use of death penalty concentrates more on sentimental arguments pertaining to the moral issue emanating from the administration of death penalty. This paper attempts to study the issues that surround capital punishment by making use of the system analysis approach. It shall endeavor to explore the dehumanizing effects brought about by the recommencement of capital punishment. While there are no clear-cut answers regarding the matter of capital punishment and death sentence, this paper will attempt to shed more light on the normally intricate social issue. Impact of Death Row on the Correction System In June 1972 in a case concerning Furman v. Georgia brought before the U.S. Supreme Court, the court submitted that capital punishment was unlawful and unconstitutional and revoked the state death penalty legislations across the entire U. S. Several death sentences were adjusted to life imprisonment. The Supreme Court however, in 1976 rescinded its previous decision in the case of Gregg v. Georgia and affirmed the constitutionality of capital punishment. A year later, the...
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