Legal Studies 2015 Unit One: Sac One Legal and Non legal rules 1.Non-legal rules Non- legal rules are made by organisations and groups other than parliament. These non-legal rules may be family rules, the rules of a sporting club or rules that reflect the religion we belong to. We may not even be aware of some of these rules. We obey these rules because they are so much a part of our cultural upbringing. It is only when we travel overseas or meet people from different backgrounds that we realize the rules they abide by are sometimes different from ours. Family rules. On a piece of paper, write the heading at the top of the page “Chapter One”. Then create the subheading in red “Non-legal rules”. Create a clear heading in your SAC NOTES SECTION, use the heading UNIT ONE, SAC ONE and make sure you use clear sub headings to refer back to 1. Write down 5 examples of family rules you follow and the consequences for breaking these. Cultural norms Each individual in our society has been exposed to cultural norms. These include customs and traditions that are the teachings and expectations of one’s race, religion or nationality. 2. Write down 2 examples of these? Rule of morality Most behavior that is considered immoral may also be illegal. However, many rules relating to morality are not legal rules. They are considered of a personal nature where it is up to the individual to follow the rules. Also, attitudes to morality change over time. Rules of morality therefore tend to be non-legal and far more influenced by other factors such as family, race and social circumstances. 3. Write down 2 examples of these? Organisations – clubs and schools Thousands of clubs and organizations exist within our society. Each one has a set of rules that its members are expected to follow. These rules may involve procedures for becoming a member, initiation, dress codes and the responsibilities of members. If an individual fails to comply, his or her membership may be in jeopardy. Schools are exactly the same in that there are many non –legal rules to follow. 4. Write down 5 examples of organisations rules. Legal Rules Legal rules are better known as laws. While non-legal rules apply to particular groups, everyone in a society is expect3eed to obey the law. Our legal system is made up of laws outlining a standard to acceptable behavior. Criminal law establishes what behavior is acceptable by prohibiting certain actions. If the law is broken the consequence is punishment of some kind. Laws that are concerned with the infringement of a person’s rights are called civil laws. In civil law the aim is not to punish the other party, but to restore the affected person to his or her original position or to compensate that person for his or her loss. Without laws in place, criminal or civil, it would be impossible for society to function effectively and harmoniously. Our laws protect our rights and our property and provide us with a means of resolving disputes when they arise. 5. Write down 3 examples of criminal laws and 3 examples of civil laws? 6. Why would it be impossible for society to function effectively without laws? Use examples in your answer. 7. In two paragraphs, what are the main differences between legal and non-legal rules. 1.2 The need for laws 8. Read pages 10 – 11 9. For each sub – heading below, write a sentence with an example explain what it means. * Establish a code of conduct * laws protect the community from harm * laws reflect changing values and circumstances * resolution of disputes. 1.3 Characteristics of an effective law 10. Read pages 12 – 13 11. For each sub – heading below, write a sentence with an example explain what it means. - The law must be known and understood - The law must reflect values and be accepted - The law must be able to adapt to change - The law must be stable and consistent - The law must be enforceable 1.4 The distinction between criminal and civil laws 12. Read pages 14 – 15 13. Write two paragraphs. The first paragraph will be on Criminal Law explaining what this means. The second paragraph will be on Civil Law explaining what this means. 14. In your own words, explain the difference between the following key terms; - Defendant and plaintiff - Beyond reasonable doubt and balance of probability - Sanction and damages 1.5 Dividing law-making power between the Commonwealth and state parliaments 15. Read pages 16 – 18 16. In your “classwork section, start the first heading “1.5 Dividing law-making power between the Commonwealth and state parliaments” and answer questions 1 – 7 on page 18 1.6 Federal parliament and its characteristics and role in law-making 17. Read pages 19 – 22 18. In your “SAC NOTES section” complete the following summaries a) Write the heading Commonwealth Parliament. In your first paragraph, explain the lower house “House of Representatives” b) In your next paragraph, explain “The Senate” c) In your third paragraph, explain “The Governor- General”. 19. In your “classwork section, write the heading “1.6 Federal Parliament and answer questions 1 – 7 on page 22 1.7 State parliament and its characteristics and role in law-making 20. Read pages 23 – 25 21. In your “SAC NOTES section” complete the following summaries a) Write the heading Victorian Parliament. In your first paragraph, explain the lower house “Legislative Assembly” b) In your next paragraph, explain “Legislative Council” c) In your third paragraph, explain “The Governor (Queens Representative at state level”. 1.8 The process of making law in parliament 22. Read pages 26 – 27 23. In your “SAC NOTES section” complete the following summaries Explain the stages of a bill through parliament in separate and short paragraphs. 1.9 Role and characteristics of subordinate authorities in law making 24. Read pages 30 – 33 25. In your “SAC NOTES section” complete the following summaries a) Explain all four types of subordinate authorities in separate paragraphs. 26. In your “classwork section, write the heading “1.9 Subordinate Authorities and answer questions 1 – 4 and 6 on page 33 Questions to ask in class in 2015 – please keep track of your questions. Get into the habit of writing these down! + + + + + + + + LEGAL STUDIES Unit 1: Criminal law in action SAC One Area of study 1: Law in society All societies have rules and laws that govern the behaviour of individuals and groups so that order is maintained and individual rights are protected. Students develop an understanding of the role of the law and the need for effective laws, as well as the concept that the law confers rights and responsibilities on members of society in their dealings with each other. Students investigate the difference between legal and non-legal rules through a consideration of who makes, interprets and enforces rules and to whom they apply. Students gain an understanding of the role of parliament and subordinate authorities in law-making, and the types of laws each creates. Outcome 1 On completion of this unit the student should be able to explain the need for effective laws and describe the main sources and types of law in society. To achieve this outcome the student will draw on key knowledge and key skills outlined in Area of Study 1. Assessment: Your task will be a 20% of Unit One and is an open book, 35 minute task. You will be required to answer a selection of short answer to long answer questions. Key knowledge This knowledge includes: • the difference between legal and non-legal rules (three differences should be fine) • the need for laws (two reasons with examples = two paragraphs) • characteristics of an effective law (two reasons with examples = two paragraphs) • the distinction between criminal law and civil law (two paragraphs will be fine) • an overview of the role and characteristics of parliament and subordinate authorities in lawmaking. For this key knowledge will need to include; - The structure of both Commonwealth and Victorian Parliament. Both the upper and lower houses as well as the crown. (this should have one introductory sentence, one paragraph on the lower house facts and one on the aim of the lower house, a paragraph on the upper house facts and one paragraph on the upper house aims, the last paragraph should be on the crown. Do this answer structure for both the Commonwealth Parliament and the Victorian Parliament). This is how to set out your answer in unit one and unit three. - How a bill passes through parliament. Know each stage. One to two sentences on each stage should be fine. - Explain the four types of subordinate authorities (one paragraph for each) and one strength and weakness of law making by subordinate authorities. Use examples where possible. - You will need to know 2 strengths and two weaknesses of parliament. Think about what we know about Parliament. What is good about their law making? What weaknesses might they have? Ask me to help you if you need some ideas. This will be either DISCUSS or EVALUATE.