12 LEGAL STUDIES
2015 REVISION PROGRAM
TOPIC 1: The Australian Legal System
1. Functions of Law
* Functions of Law - Social Cohesion/Social Progress
* Functions of Parliament
* Functions of Courts
2. Types of Laws
* Classification of Law - Public v Private Law
* Criminal dispute features: Citation/listing of cases
Categories of offences against person, property, society
Classification of offences – Summary, Minor Indictable, Indictable
Elements of a criminal offence – mens rea/actus reus
Strict liability offences
* Civil dispute features
Citation/listing of cases
Elements to prove a case of negligence
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2
3
4
5
6
3. Basis of government in Australia
* Australian Legal System
General principles and institutions
Member of global community
* Rule of Law/Constitutional Monarchy
* Federal nature of the commonwealth
* Separation of powers
Federal and state or territory tiers Representative/responsible
government
Judicial independence
* Australian Court System
Federal/state hierarchies
General, specialised, original and appellate courts
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8
9
10
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TOPIC 2: Constitutional Government
*Basic features and principles
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1. Constitutional development of the commonwealth
* Reasons for federation
* The federation process
2. Australian Constitution
* Impact of constitution on ALS
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15
15
* Importance of Westminster conventions of responsible government
* Reasons for stability of the constitutional system
* Indissoluble nature of the federal system
* Preservation of state powers
* Federal institutions of government (separation of powers)
* Division of powers
* Constitutional monarchy including role of Gov-Gen, an alternative republic
* High Court – its creation and jurisdiction + role in affecting division and separation of
powers and creating implied human rights
* Australian free trade zone – prohibited powers
* Admission of new states
* The referendum process
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3. Australia’s Global Links
* Australia’s relationship with the UN (membership rights and obligations)
* International treaties and Australian Law
Reasons for entering into treaties
Nature of treaties and their jurisdiction in Australia
Advantages and disadvantages
* International Courts and the Australian Legal System
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4. Rights of Indigenous Peoples
* 1967 Constitutional amendments – reasons for and impact on Indigenous Peoples
* Nature and impact of federal and state anti-discrimination laws
* Terra Nullius and Native title – HCA examples
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5. Critical analysis of the Constitutional System
* Reasons for and implications of Australia’s constitutional stability
* Constitutional issue under study (x2)
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TOPIC 3: Law Making
1. Legislation
* Sources of Law + relationship between the three arms of government
* Classification of bills/factors leading to them
* Stages in the lawmaking process
* Deadlocks and how they are resolved
* Methods of supervision
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2. Delegated Legislation
* Types of delegated legislation and range of delegated authorities
* Why delegate?
* How a regulation is made/supervised
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3. Case Law
* How and why case law is made
* How statutes are interpreted
* Judicial and legislative methods of supervision including departure from precedent
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4. Critical analysis of different methods of Law Making
* Advantages and disadvantages
* Appropriateness of case law v law made by Parliament
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47
TOPIC 4: Justice Systems
1. Dispute Resolution
* Dispute resolution with and without courts
* Methods of alternative dispute resolution
* Reasons for the court hierarchy
* Features of the Adversary System (criminal and civil)
* Criminal v civil trial proceedings
* The jury system
* The inquisitorial system – main features
* Evaluation of inquisitorial system in comparison to adversary system
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2. Critical analysis of the Justice System
* The response of the justice system to legal, social, political and economic pressures
* Effectiveness of adversary system, jury system and inquisitorial system
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REVISION SCHEDULE
M
T
W
T
F
Sep 21 - 1, 2, 3
Sep 22 – 4
Sep 23 - 5
Sep 24 – 6
Sep 25 - 7, 8, 9
HOLIDAYS
M
Sep 28 - 10, 11
T
Sep 29 - 12
W
Sep 30 - 13, 14
T
Oct 1 - 15, 16, 17, 18
F
Oct 2 - 19, 20, 21, 22
M
T
W
T
F
Oct 5 - 23, 24, 25, 26
Oct 6 - 27, 28, 29 W
Oct 7 - 30, 31, 32
Oct 8 - 33, 34
Oct 9 - 35, 36, 37, 38, 39
TERM 4
M
Oct 12 - 40, 41, 42
T
Oct 13 - 43, 44, 45
W
Oct 14 - 46, 47
T
Oct 15 – 48, 49, 50
F
Oct 16 – 51, 52
M
T
Oct 19 - 53, 54, 55
Oct 20 - 56, 57
EXAM: Friday November 6 at 9.00 am
[NB: These dates are only a guide. If you start the program earlier or later, adjust the dates
accordingly.] In other words you can push the holiday times into terms times.