Effectiveness questions... (1 Viewer)

[mugzy07]

Okay, most of you guys doing the HSC will know that most of the questions based on your focus study, in my case Consumer law and World Order, often ask questions about 'Evaluating the effectiveness of law.... so and so'

Now when you guys prepare your essays on the effectiveness of the legal mechanisms, do you use the 5 criteria that is listed in most of the text books? I was not aware of this until recently my teacher had told me so.

I believe the 5 criteria for evaluating effectivness is (no particular order)-

1. Accessibility
2. Resource Efficiency
3. Recognition of Human Rights
4. Enforcability
5. Equality

Then a discussion of law reform is to be made.


Is this what you guys do for your legal studies focus study essays? Our teacher had told us to prepare for an effectiveness question in the final exams, as that is always usually what they ask. If someone could get back to me thanks.

 

[vasuu91]

u can structure ur response according to those 5 criteria but a more integrated way to answer the question would be to structure it according to issues and then evaluate the effectiveness of the issue.

for example, if the question is (for world order) evaluate the effectiveness of the legal and non legal mechanisms.
i would have a pararaph on the UN and assess its effectiveness i.e. accessiblity, resource efficiency, enforceability etc. then i would have another paragraph on lobby groups and do the same and keep going, do u get what i mean?

use the 5 criteria as part of legal terminology and not as paragraph subjects.

law reform is a totally different topic that is not a part of effectiveness of the law. u can be asked a whole different question on law reform and reasons for it.

 

[nirvanafreak02]

include the criteria, but do not let it dictate your structure, I agree with the above person that you should integrate


other key things to remember:

1. do not to be too harsh on australian laws (just incase you get a neo-conservative marker)

2. the simple answer to a "to what extent" question is: yes it can (and I stress can) be effective but xyz should also be done to make it more effective" + supprt with relevant examples

3. variety and contrasting examples are v. good

4. use current issues as it shows that you've bothered to check the happenings in the world today and aren't just regurgitating a textbook (textbook answers are great but go beyond these as it will distinguish you from others)

5. know the syllabus + key questions back to front, inside out etc etc this is ESSENTIAL

hope that helps

 

[ameher]

yep, agree with above two posts. Also for effectiveness of the law with regards to consumers, bring up challenges for example, e-commerce and globalisation, GM Foods and privacy laws to show that your critically analysing the role of the law within society today, rather then utilising classic examples everyone is using. I would also recommend you look into recent class actions as an issue for consumers, and then talk about how that increases the effectiveness of the legal system. Also have your Legislation, Case Law, Media Reports and Legal Opinions ready if u wanna score a band 6. And i personally, always start off my effectiveness essays with in some cases the law has been effectiveness, however with reference to such n such the law has been ineffectiveness, thus balancing the argument. I hope its law reform this yr, plz not morality lol.

 

[lewis99]

I'm not sure about world order but I think it might have criteria for you to assess for the individual, society and nation-state. You can check in your textbook or syllabus doc. You should include at least 2-3 from each. To validate your evaluation you need to use LCMD.

 

[xxJTxx]

i agree with what's been said above.

you need to have a seamless integration of the effectiveness of the law with the issues you present. for example, a consumer question might ask about regulation or enforcement of the TPA or something like that..you need to bring up a number of issues that relate to the question then assess the effectiveness in regard ot those issues. you must also substantiate your effectiveness claims..you can't simply say "enforcement is poor" .. you need to show evidence of poor enforcement (this is where newspaper articles, journal articles and cases come in). all claims must be supported. no evidence = an unsubstantiated claim!

i followed the structure above in my legal exam last yr and got 5th in the state

 

[mugzy07]

ok thanks heaps, this has been extremely helpful!

just one more question, how would i integrate legal opinions and media reports like ameher and others are saying?

so far in my essays, all that i have used is legislation and mentioning of organisations etc., and also some examples to support my points- e.g. NATO intervention in Kosovo, due to the perm-5 vetoing majority decision etc.

just wanted to know how to get more than just that in? how to integrate more than legislation, organisations etc. and where most appropriate?

 

[Azreil]

"The United Nations Millenium Report was seen as addressing the issues of effectiveness in regard to willingness to intervene in intra-national human rights breaches. The Guardian's " < article > " (date published) saw this as "a step in the right direction" and has applauded Kofi Annan's work, but like the majority, recognises more work must be done to increase the effectiveness..."

blahblahblah

EDIT: Silly forums formatting.

 

[melmont13]

Don't use blanket statements, like "completely ineffective"; say something like "generally effective" or "effective in the majority of circumstances" and it's easier to say it's effective then ineffective.

Oh and don't follow the syllabus, that's the silly long way to do it. E.g. for family I have notes on issues i.e Parental obligations to children and weave by effectiveness into each paragraph.

 

[jakus]

Generally they will ask you effectiveness in relation to the individual and society, so make sure you also include the other criteria:

• Balance of rights of individual and community
• Resource efficiency
• Opportunity for enforcement
• Appeals and Review
• Law as a reflection of community standards

The structures mentioned above are one way of dealing with, it depends on how you write. I happen to go into a lot of detail so I find that the syllabus structure allows me to cover all aspects of the criteria and go into a lot of depth for each issue without running over time. It got me ranked 1st so it's a possibility if it suits you more.

 

[SOPHIE.]

Oh and don't follow the syllabus, that's the silly long way to do it. E.g. for family I have notes on issues i.e Parental obligations to children and weave by effectiveness into each paragraph.

yeah they hate it when essays are structured in that way.

i do mine by issues, and then say what the law has done to respond to this issue blabla and then judge whether that legal response has fulfilled, for example, 'enforceability' etc.

 

[obiman]

ok thanks heaps, this has been extremely helpful!

just one more question, how would i integrate legal opinions and media reports like ameher and others are saying?

so far in my essays, all that i have used is legislation and mentioning of organisations etc., and also some examples to support my points- e.g. NATO intervention in Kosovo, due to the perm-5 vetoing majority decision etc.

just wanted to know how to get more than just that in? how to integrate more than legislation, organisations etc. and where most appropriate?

that pretty basic ur essay should be based around talking about legislation then u use cases, media articles and documents which are about the issue to further ur arguement as generally they will either show effectiveness or ineffectiveness