Year 12 LEGAL Studies ORIENTATION

Lalor Secondary College

YEAR 12 LEGAL

STUDIESORIENTATION


TIMELINEUNIT 3= LAW MAKING

UNIT 3 – LAW MAKING:This unit explores:

• Law and Society- e.g. rules vs. laws, types of laws, need for laws. • Australian Parliamentary system- separation of powers, Victorian and

Commonwealth Parliament. • Changing the law- formal and informal pressures, need to change the

law. • Law Making Process- Bill. • Constitution- Referendum, human rights, role of High Court. • The role of the Courts in law- making- Doctrine of Precedent, Statutory

interpretation.

Will all be completed by Mid Year Exams.


Unit OutlineUNIT 4 UNIT 4 Dispute Resolution:This unit explores:

• Dispute Resolution- Court Hierarchy, Tribunals (VCAT), ADR’s• Effectiveness of the Legal System- What is an effective legal system?• Adversary System- Elements, strengths and weaknesses, Inquisitorial

system, comparative analysis. • Criminal Procedure- Pre trial procedures, Indictable and summary

offences, Criminal Trial, Sanctions. • Civil Procedure- Civil hearings, mediation and arbitration, civil

remedies• The Jury System- Jury trial, effectiveness, weakness, reforms to the

jury system.

Unit 2 will be completed by end of term 3. Term 4 is REVISION TIME


AssessmentAssessment:

Outcome 1 Unit 3– On completion of this unit you should be ableto describe the role and effectiveness of Parliament as a law making body.

Key Knowledge includes;The principles of the Australian Parliamentary system, representative government, responsible government, separation of power, structure of State and Commonwealth Parliament and roles played by the Crown and House of Reps. Legislative process- billReasons why laws need to be changedRole of a formal law reform body.

• Divided into 3 exercises worth 10 marks each- 30 marks all together.



Outcome 2 Unit 3 – On completion of this unit the student should be able to explain the role of the Commonwealth Constitution.

This knowledge includes• Division of power between the State and Commonwealth Parliament.• Referendum• Significance of High Court cases• Democratic and Human rights by the Commonwealth Constitution• A comparative approach adopted for the constitutional protection of

democratic and human rights in one of the following countries; UK, USA, Canada, NZ or South Africa

Test worth 40 marks. .



Outcome 3 Unit 3 –

On completion of this unit the student should be able to describe the role and evaluate the effectiveness of courts in law making.

• Operation of the Doctrine of Precedent• Statutory Interpretation• Strengths and Weaknesses of law making through courts• Relationship between the courts and Parliament in law-,making

Structured Questions worth 30 marks.



Outcome 1 Unit 4 – On completion of this unit the student should be able to describe and evaluate the effectiveness of institutions.This knowledge includes• Reasons fort the existence of the court Hierarchy• Functions and original and appellate jurisdiction of Magistrates court, county court, supreme

court, High Court, Children's Court, Coroners Court and Family Court. • Alternative methods of dispute resolution; negotiation, mediation, conciliation and

arbitration. • Reasons for the existence of tribunals• Jurisdiction of VCAT• Strengths an weaknesses of the operation of the courts, trubunals and alternative methose

of dispute resolution.

Structured Questions worth 40 marks



Outcome 2 Unit 4 – Explain the elements of an effective Legal System

This knowledge includes- Elements of an effective legal system- Criminal pre trial procedures- Criminal trial procedures- Civil trial procedures- Strengths and weaknesses of the adversary system of trial- Features of the inquisitorial systme of trial- Improvements to the adversary trial- Operation of the jury system- Adv and dis adv of the jury system- Reforms and alternatives to the jury system- Problems gaining access to the law- Recent changes in the operations of the legal system- Recommendations for further change in the operation of the legal system.

Test divided into 2 worth 30 marks each.


Equipment you need

- Legal Studies text book- up to date edition

- Folder- Plastic pockets- Dividers- Lined paper- NO WRITING BOOKS FOR LEGAL- ORGANISATION is the KEY


The nature of legal and non-legal rules

Laws are rules by which those in society live.

Rules can be non-legal rules, such as those which apply in the local netball or cricket club, or they can be legal rules these are called laws.

Non-legal rules provide us with guidelines of what is acceptable behaviour at home, at school, on the sporting field, and in other situations where the relevant rules are made by private individuals.

Legal rules, or laws, are applicable to the community as a whole. They are made by law-making bodies and are enforceable through the courts.


Why laws are neededState three reasons why you believe laws are needed.1)

2)

3)


Why laws are needed... • The main aim of laws is to protect individuals from harm and to ensure

that the rights of individuals are preserved. • Without laws, people would not feel safe to walk down the street.

• The existence of these laws deters most people from committing crimes.

• When people live together, laws will be broken and disputes will arise as each person competes for a share of the same space and resources.

• Laws need to reflect the values and attitudes of the majority in the community, and need to change as values and attitudes change.


Why laws are needed... 1) Provide social cohesion and reflect values of the majority. 2) Provide a code of acceptable behaviour.

3) Protect individual rights.

4) Provide mechanisms for resolving disputes.

5) Change to meet changing values and needs.


Criminal LawCriminal law deals with acts or omissions which are harmful to individuals and society and punishable through the courts. The aims of criminal law are to protect society, to deter people from breaking the law and to punish offenders.

One example of this is the offence of murder.

In order to successfully prove a criminal offence, the prosecution usually needs to prove that the defendant committed the act (actus reus) and, at the appropriate time, also had the requisite intention to commit the act (mens rea).

The prosecution bears the burden (onus) of proving the case against the defendant beyond reasonable doubt.

The result of a successful criminal prosecution will be a finding of guilt and the imposition of an appropriate punishment (sanction).

There is a wide range of sentencing options, including fines, community-based orders and imprisonment.


Civil LawCivil law is an area of law which regulates and protects disputes between individuals and seeks to enforce rights where some harm has been done, to an individual or a company.

The aim of civil law is to place the wronged person back to the position he or she was in before the wrong occurred. Usually done by compensation.

An action in negligence is a classic example of an area of civil law.

The purpose of a civil action is to restore the aggrieved party (the plaintiff) to his or her original position as far as possible.

The plaintiff bears the burden of proving his case against the defendant on the balance of probabilities.

Rather than punishment, civil law is about finding which party was liable and awarding a remedy.

There is a range of remedies which can be awarded in a successful civil claim, the most usual of which is compensation or damages.


Differences in Criminal and Civil Law

1) State the different terms that are used in Criminal and Civil law.

2) What are the main differences in Criminal and Civil Disputes?


Legal Studies is all a memory game – use these tips to help you remember the content of Legal.

Visualisation: Link the information you want to remember to visual images. Link things such as formulae, people’s names, place names and other information to pictures, colours etc. The more unusual you make the image, the easier it is to remember.

For example, this may be how you remember a man

whose name is Kloundeski:


Visual Study Aids Use mind maps, diagrams and models to help your revision.

Acronyms eg ROY G. BIV for the colours of the spectrum.

eg. DB Champs Use this acronym to list the capital cities of the Australian states

Poems/Rhymes eg “Thirty days hath September…”

Sound Tape your notes and listen to them before you go to sleep.

Repetition Repeat things … in your mind, on paper, in speech.


Homework

Year 12 LEGAL Studies ORIENTATION

Documents

Transcript of Year 12 LEGAL Studies ORIENTATION