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goan_crazy

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I got international for that one =/
we'll c how it goes
anyone who has their teacher marking find out when they start marking
get the answers and then tell me alright?
 

c_james

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gorgo31 said:
Depending on whether Tort = private / public, I got 14/15 or 15/15.

And yes, I wish c_james the best of luck in topping the state. He deserves it :)
Haha, thanks dude, but I'm sure there are more deserving than I ;).

I asked my father, who did law for a couple of years, about question 15. He says the answer is tort.
 

Skewl

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I dont know if anyone remembers but international law can be either state by state complaint or an individual can bring a complaint against their state. This would mean that international law is both public and private....at least thats what my teacher told me...
 

kouklitsa

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ok pplz..

question 12: i didnt know what to put.. it was down to a and d... i think the answer was d in the end.. i was so stupid and i changed it back to a, i should have trusted my first instincts

question 14: asked my teacher, who is a Senior Marker for this section.. she said its ECONOMIC

question 15: she also said that the only one that it could really be.. the only definitive answer is INTERNATIONAL LAW because u have private and public international law. there is a sheet by Keith Suiter that states this that we were given... having said that.. its a tough question because the syllabus only assesses PUBLIC international law.. not private.
 

mitch250

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Question 14

Isn't the answer to this one B) Economic? because he is being denied the economic right to be able to work. He wasn't denied his legal rights because he was able to go to court, he just didn't suceed?? Anyone else think the same?
 

kouklitsa

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mitch250 said:
Isn't the answer to this one B) Economic? because he is being denied the economic right to be able to work. He wasn't denied his legal rights because he was able to go to court, he just didn't suceed?? Anyone else think the same?
yep.. my legal teacher said its def. economic!!
 

rosepetal25

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isnt tort used to remedy civil wrongs hence it is an area of private law?
 

Royalte

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I always believed that Tort law was both public and private so i put that.

My legal teacher came to see us after our exam and had a quick look at the exam. She said she thinks 10 is d) but there is chance it might be c) (i hope so cause i put c)
 

c_james

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rosepetal25 said:
isnt tort used to remedy civil wrongs hence it is an area of private law?
Tort law has a public law element, even though it's technically private law - this is because it encompasses negligence, duty of care, etc. Everyone has a duty of care to one another, even strangers (e.g. if you swing your arm randomly in public and you hit someone you're liable). Hence, it applies to all and isn't only limited to private disputes.
 

kouklitsa

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c_james said:
Tort law has a public law element, even though it's technically private law - this is because it encompasses negligence, duty of care, etc. Everyone has a duty of care to one another, even strangers (e.g. if you swing your arm randomly in public and you hit someone you're liable). Hence, it applies to all and isn't only limited to private disputes.
despite the fact that i put international law because there is defiantely public and private international law.... torts may be public.. but not all of them. Assault is a tort but is embodied in the criminal law system as well... but generally, torts arent classified as public - they're private and civil
 

babi_girl

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I cant remember the questions cos we didnt keep the paper at the end :( is it possible for someone to please scan it?? it would be appriciated!
 

babi_girl

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I ended up finding a copy of the exam paper, its ok :)
This is what i did.

1.A
2.B
3.A
4.D
5.C
6.D
7.C
8.D
9.D
10.D
11.B
12.B
13.C
14.C
15.B
 

irnie

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mitch250 said:
Isn't the answer to this one B) Economic? because he is being denied the economic right to be able to work. He wasn't denied his legal rights because he was able to go to court, he just didn't suceed?? Anyone else think the same?
NO MITCHELL.... you're wrong! its legal! because his "appeal against the DECISION has been rejected by the courts". therefore when he went to appeal the decision of his permit being cancelled... the court wouldnt hear his appeal to the matter.... therefore he's denied his legal right to be heard in a court..

so NERR
 

jaeyon

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aliasfan said:
if you look at the question its his appeal to the decision that has been rejected makiing it legal,,,, damn tricky question!!!
but that isnt that denying him the right to work?
 

c_james

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irnie said:
NO MITCHELL.... you're wrong! its legal! because his "appeal against the DECISION has been rejected by the courts". therefore when he went to appeal the decision of his permit being cancelled... the court wouldnt hear his appeal to the matter.... therefore he's denied his legal right to be heard in a court..

so NERR
We're going around in circles now...the question states his appeal was "rejected by the courts in country X". This does not mean the court did not hear it. It heard it, and decided it had no valid basis.

Thus, his economic rights were violated.
 

melsc

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You don't know if it is a legally enforceable right thus it must be economic, if they had specified Australia then it would be different, but since you don't know the country you can know if its legal
 

ameradrian

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c_james said:
We're going around in circles now...the question states his appeal was "rejected by the courts in country X". This does not mean the court did not hear it. It heard it, and decided it had no valid basis.

Thus, his economic rights were violated.
So correct. Plus the right to remuneration, which is the key issue in contention is an economic right. The only answer is B)

Its not a legal right, because not everyone has the right to work! However when working they have the right to be paid.

In relation to whether the case went to court, it is irrelevant. He had the opportunity to contest the matter and he did. Just because the appeal was rejected is irrleevant. He had access to the law, whether or not they decided to uphold his economic right is the issue in contention. The issue is what right has been breached in relation to having his work permit cancelled, this is an economic right. Appeals get rejected every day, this doesn't mean legal rights have been breached.

End of story!
 
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AFI

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i will just ask the guy who put together the 2005 catholic trial exam...he willl know them all...post them up soon.
 

iranian rocket

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Question 15

the answer to question 15 is (d) tort law , not international law.

Most civil law is also private law, but civil laws include aspects of public law such as adminstative law. Civil law generally refers to all laws which are not criminal law.

Thus it can clearly be seen that the answer is D tort law
 

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