Legal Studies Unit Three and Four Area of study

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Legal Studies Unit Three and Four
Area of study ONE Outcome One 25%
Parliament and the citizen
Parliaments are the supreme law-making bodies in the Australian legal system; their role is to
make laws that reflect the views and values of Australian society. This area of study focuses on
the principles that underpin the Australian parliamentary system as well as an investigation of
parliament as a lawmaking body. Students explore the factors that may influence parliament in
bringing about changes in the law by examining the role that individuals and groups may play.
Through an investigation of the structure and role of parliament, and the processes it follows in
passing legislation, students evaluate the overall effectiveness of parliament as a law-making
body.
Outcome 1
On completion of this unit the student should be able to explain the structure and role of
parliament, including its processes and effectiveness as a law-making body, describe why legal
change is needed, and the means by which such change can be influenced.
To achieve this outcome the student will draw on key knowledge and key skills outlined in Area
of Study 1.
Key knowledge
This knowledge includes:
• principles of the Australian parliamentary system: representative government, responsible
government, and the separation of powers
• the structure of the Victorian Parliament and the Commonwealth Parliament and the roles
played by the Crown and the Houses of Parliament in law-making
• the reasons why laws may need to change
• the role of the Victorian Law Reform Commission
• the means by which individuals and groups influence legislative change, including petitions,
demonstrations and use of the media
• the legislative process for the progress of a bill through parliament
• strengths and weaknesses of parliament as a law-making body.
Key skills
These skills include the ability to:
• define key legal terminology and use it appropriately
• discuss, interpret and analyse legal information and data
• explain the principles and structures of the Australian parliamentary system
• use contemporary examples to explain the influences on legislative change
• evaluate the effectiveness of methods used by individuals and groups to influence change in
the law
• critically evaluate the law-making processes of parliament.
Performance descriptors
The following descriptors provide a guide to the levels of performance typically demonstrated
within each range on the assessment task/s.
MARK
RANGE
21–25
marks
DESCRIPTOR: typical performance in each range
Comprehensive and detailed explanation of the principles and structures of the
Australian parliamentary system. Very thorough and coherent description of the reasons
why the law may need to change. Very detailed and logical explanation of the influences
on legislative change, including the use of contemporary examples. Comprehensive
evaluation of the effectiveness of methods used by individuals and groups to influence
legislative change. Critical evaluation of the strengths and weaknesses of parliament as a
law-making body.
16–20
marks
11–15
marks
6–10
marks
1–5
marks
Detailed explanation of the principles and structures of the Australian parliamentary
system. Thorough description of the reasons why the law may need to change, including
the use of contemporary examples. In depth explanation of the influences on legislative
change. Well-developed evaluation of the effectiveness of methods used by individuals and
groups to influence legislative change. Careful evaluation of the strengths and
weaknesses of parliament as a law-making body.
Satisfactory explanation of the principles and structures of the Australian parliamentary
system. General description of the reasons why the law may need to change, including
the use of contemporary examples. Satisfactory explanation of the influences on
legislative change. Identification and some evaluation of the effectiveness of methods used
by individuals and groups to influence legislative change. Some evaluation of the
strengths and weaknesses of parliament as a law-making body.
Some explanation of the principles and structures of the Australian parliamentary
system. Superficial description of the reasons why the law may need to change. Some
relevant explanation of the influences on legislative change, including the use of
contemporary examples. Limited identification and discussion of the effectiveness of
methods used by individuals and groups to influence legislative change. Some reference
to the strengths and weaknesses of parliament as a law-making body.
Some identification of the principles and structures of the Australian parliamentary
system. Limited description of the reasons why the law may need to change. Some
reference to the influences on legislative change, including the use of contemporary
examples. Identification of the effectiveness of some methods used by individuals and
groups to influence legislative change. Little reference to the strengths and weaknesses of
parliament as a law-making body.
Students need to:

Explain the principles and structures of the Australian parliamentary system

Describe the reasons why the law may need to change

Explain the influences on legislative change including the use of contemporary examples

Evaluate the effectiveness of methods used by individuals and groups to influence legislative
change

Critically evaluate the strengths and weaknesses of parliament as a law-making body

Have the opportunity to demonstrate the highest level of performance.
Assessment
This task will be an open book task. For 25 marks, this will be a 48 minute SAC. For
every mark, you will allocate 2 minutes of writing.
Your first outcome will be based on chapter one of our text book. This task will be open
book. Notes must to be prepared before the task (you can’t just bring in the text book).
There will be a series of short answer to long answer questions. Most of the questions will
be definition based (i.e. show me you understand the concept)
Paragraph structure – every paragraph needs a short first sentence (P - point), then an
explanation of your point (E - explain). If it is a discuss or evaluate type question, an
example (E- example) and a link back to the first point (L= link back) is appropriate.
Where you have time, PEEL your answers throughout sacs.
There will be a “to what extent” or “evaluate” type question.
Here you will need to plan your answer structure. You need to include a brief introduction
sentence.
The next paragraph will then agree or argue for the concept or statement.
The paragraph/s after this will be disagree or argue against the concept
You last paragraph will provide a conclusion. This is where you sum up your main points.
The extent that I agree/disagree is partially, wholly, minimally. Or in evaluating, based on
these main points, I agree or disagree.
General
Each Paragraph should have one point in there and one only. There needs to be a line
between each paragraph. i.e. two strengths of a jury = two paragraphs
At the beginning of each paragraph, your first sentence should be the point to the
paragraph. Use the language/words of the questioning your answer
Preparation is essential for the successful completion of this task.
Read questions carefully and refer to them as your writing your response
Underline key words in the question, circle the task word (i.e. is it asking you to
evaluate/discuss. Circle this).
You need to write on one side the paper and write as clearly/neatly as you can. No Pencil
or florescent pens please.
Answer each question specifically referring to the wording
i.e.
An example of negligence is.……../The purpose of precedent is……….
TO DO WELL IN LEGAL STUDIES, YOU NEED TO ANSWER THE QUESTIONS ASKED OF YOU!
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