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Legal Studies

OVERVIEW

If Christians are to be educated for service and witness in the world, some knowledge of the political and legal systems which seek to control our society is essential. This course introduces students to the Australian legal system with a view to encouraging interest and a sense of Christian responsibility in these fundamental structures of our community.

CONTENT

UNIT 1:  GUILT AND LIABILITY

AREAS OF STUDY

Legal Foundations

This area of study provides students with foundational knowledge of laws and the Australian legal system. Students explore the role of individuals, laws and the legal system in achieving social cohesion and protecting the rights of individuals. Students consider the characteristics of an effective law, and sources and types of law. They examine the relationship between parliament and the courts, and the reasons for a court hierarchy in Victoria, and develop an appreciation of the principles of justice.

The Presumption of Innocence

The presumption of innocence is the fundamental principle of criminal law and provides a guarantee that an accused is presumed innocent until proven guilty beyond reasonable doubt. In this area of study students develop an understanding of key concepts in criminal law and types of crime, and investigate two criminal offences in detail. For each offence, students consider actual and/or hypothetical scenarios in which an accused has been charged with the offence, use legal reasoning to determine possible culpability and explain the impact of the offence on individuals and society.

Civil Liability

Civil law aims to protect the rights of individuals, groups and organisations, and provides opportunities for a wronged party to seek redress for a breach of civil law. In this area of study students develop an understanding of key concepts in civil law and investigate two areas of civil law in detail. Possible areas of civil law could include negligence, defamation, nuisance, trespass and contracts. For each area of civil law, students consider actual and/or hypothetical scenarios giving rise to a civil claim, apply legal reasoning to determine possible liability for a breach of civil law and explain the impact of a breach of civil law on the parties.

UNIT 2:  SANCTIONS, REMEDIES AND RIGHTS

AREAS OF STUDY

Sanctions

The criminal justice system determines the guilt or otherwise of an accused, and imposes sanctions on a guilty person. In this area of study students investigate key concepts in the determination of a criminal case, including the institutions that enforce criminal law, and the purposes and types of sanctions and approaches to sentencing. Through an investigation of two criminal cases from the past four years, either decided or still being decided, students explore the extent to which the principles of justice were or could be achieved.

Remedies

Remedies may be available to a wronged party where there has been a breach of civil law. In this area of study students develop an appreciation of key concepts in the resolution of a civil case, including the methods used and institutions available to resolve disputes, and the purposes and types of remedies. Through an investigation of two civil cases from the past four years, either decided or still being decided, students explore the extent to which the principles of justice were or could be achieved.

Rights

The protection of rights is fundamental to a democratic society. Rights are protected in Australia through the Australian Constitution, the Victorian Charter of Human Rights and Responsibilities and through common law and statute law such as through statutes relating to racial discrimination, sex discrimination and equal opportunity. In this area of study students examine the ways in which rights are protected in Australia and compare this approach with that of another country. Based on this comparison, they consider possible reforms to the ways rights are protected in Australia. Students investigate an Australian case that had an impact on the protection of rights in Australia and develop their understanding of the role of an individual in taking a case to court.

UNIT 3:  RIGHTS AND JUSTICE

AREAS OF STUDY

The Victorian Criminal Justice System

The Victorian criminal justice system is used to determine whether an accused person is guilty beyond reasonable doubt of an offence for which they are charged, and to impose sanctions where guilt has been found or pleaded. The system involves a range of institutions including courts (the Magistrates’ Court, County Court and Supreme Court) and others available to assist an accused. In this area of study students explore the criminal justice system, its range of personnel and institutions and the various means it uses to determine a criminal case. Students investigate the rights of the accused and of victims, and explore the purposes and types of sanctions and sentencing considerations. Students consider factors that affect the ability of the criminal justice system to achieve the principles of justice. They examine recent reforms from the past four years and recommended reforms to enhance the ability of the criminal justice system to achieve the principles of justice. Students synthesise and apply legal principles and information relevant to the criminal justice system to actual and/or hypothetical scenarios.

The Victorian Civil Justice System

The Victorian civil justice system aims to restore a wronged party to the position they were originally in before the breach of civil law occurred. The system involves a range of institutions to resolve a civil dispute, including courts (the Magistrates’ Court, County Court and Supreme Court), complaints bodies and tribunals. In this area of study students consider the factors relevant to commencing a civil claim, examine the institutions and methods used to resolve a civil dispute and explore the purposes and types of remedies. Students consider factors that affect the ability of the civil justice system to achieve the principles of justice. They examine recent reforms from the past four years and recommended reforms to enhance the ability of the civil justice system to achieve the principles of justice. Students synthesise and apply legal principles and information relevant to the civil justice system to actual and/or hypothetical scenarios.

UNIT 4: THE PEOPLE AND THE LAW

AREAS OF STUDY

The People and the Australian Consititution

The Australian Constitution establishes Australia’s parliamentary system and provides mechanisms to ensure that parliament does not make laws beyond its powers. In this area of study students examine the relationship between the Australian people and the Australian Constitution and the ways in which the Australian Constitution acts as a check on parliament in law-making. Students investigate the involvement of the Australian people in the referendum process and the role of the High Court in acting as the guardian of the Australian Constitution.

The People, the Parliament and the Courts

Parliament is the supreme law-making body, and courts have a complementary role to parliament in making laws. Courts can make laws through the doctrine of precedent and through statutory interpretation when determining cases. In this area of study students investigate factors that affect the ability of parliament and courts to make law. They examine the relationship between parliament and courts in law-making and consider the capacity of both institutions to respond to the need for law reform. In exploring the influences on law reform, students draw on examples of individuals and the media, as well as examples from the past four years of law reform bodies recommending legislative change.

BIBLICAL PERSPECTIVE

Legal Studies aims to:

  • Cultivate a reasoned and compassionate outlook on social and political behaviour based on Christian principles
  • Encourage a responsibility to, and involvement in, political and social activity which effectively promotes Biblical values while respecting the rights, opinions and interpretations of others
  • Show the difficulties involved in applying God’s absolute standards to a world corrupted by sin to recognise, as a consequence, that sometimes the choice is not between good and evil but a matter of choosing the lesser of two evils
  • Promote an appreciation of the fact that there may be a number of alternative means, political legal and social, of achieving the implementation of  Biblical principles

ASSESSMENT

UNITS 1 & 2

Assessment tasks are selected from:

  • Structured assignment
  • Essay
  • Mock court or role-play
  • Folio and report
  • Case study
  • Test
  • Report (written, visual, oral or multimedia)

UNIT 3

Outcomes

Assessment Tasks

Marks Allocated*

Outcome 1

Explain the rights of the accused and of victims in the criminal justice system, discuss the means used to determine criminal cases and evaluate the ability of the criminal justice system to achieve the principles of justice.

The student’s performance on each outcome will be assessed using one or more of the following:

  • A case study
  • Structured questions
  • A test
  • An essay
  • A report in written format
  • A report in multimedia format
  • A folio of exercises

50

Outcome 2

Analyse the factors to consider when initiating a civil claim, discuss the institutions and methods used to resolve civil disputes and evaluate the ability of the civil justice system to achieve the principles of justice

50

TOTAL MARKS

100

*School-assessed coursework for Unit 3 contributes 25 % to the study score

UNIT 4

Outcomes

Assessment Tasks

Marks Allocated*

Outcome 1

Discuss the significance of High Court cases involving the interpretation of the Australian Constitution and evaluate the ways in which the Australian Constitution acts as a check on parliament in law-making

The student’s performance on each outcome will be assessed using one or more of the following:

  • A case study
  • Structured questions
  • A test
  • An essay
  • A report in written format
  • A report in multimedia format
  • A folio of exercises

40

Outcome 2

Discuss the factors that affect the ability of parliament and courts to make law, evaluate the ability of these law-makers to respond to the need for law reform, and analyse how individuals, the media and law reform bodies can influence a change in the law.

60

TOTAL MARKS

100

*School-assessed coursework for Unit 4 contributes 25% to the study score