Commerce for Australian Citizens teaching program Page 1 Core 2.1 Law and society Focus Resources Students develop an understanding of how laws affect individuals and groups and regulate society. Brian Parker Commerce for Australian Citizens, MEA Melbourne 2004 www.lawlink.nsw.gov.au www.lawsocnsw.asn.au www.legalaid.nsw.gov.au www.atsic.gov.au Time allocation 20 indicative hours Outcomes A student: 5.1 applies consumer, financial, business, legal and employment concepts and terminology in a variety of contexts 5.2 analyses the rights and responsibilities of individuals in a range of consumer, financial, business, legal and employment contexts 5.3 examines the role of law in society 5.4 analyses key factors affecting commercial and legal decisions 5.5 evaluates options for solving commercial and legal problems and issues 5.6 monitors and modifies the implementation of plans designed to solve commercial and legal problems and issues 5.7 researches and assesses commercial and legal information using a variety of sources 5.8 explains commercial and legal information using a variety of forms 5.9 works independently and collaboratively to meet individual and collective goals within specified timelines Students learn about: The legal framework reasons for laws the legal system Students learn to: explain the need for laws in society examine the rules and regulations applied in schools and explain the similarities and differences with established laws in society explain how rules, institutions and professional people contribute to the operation of the legal system assess how laws empower individuals and groups in our society Integrated teaching, learning and assessment Evidence of learning/feedback Teacher: - brainstorms reasons for laws (CAC, p 193) - discusses the origin of laws (CAC, p 193) - provides list of ‘what is a good law?’ (CAC, p 193) - discusses how school rules reflect laws in society (CAC, p 194) Students: - outline why we need laws - explain how laws are different from rules Students’ outline demonstrates their understanding of the reasons for laws. Published by Macmillan Education Australia. © Macmillan Education Australia 2004. Teacher provides oral feedback commenting on students’ reasons. Explanation of how laws differ from rules indicates that students have examined the rules and regulations applied in schools. Teacher checks answers, providing oral feedback. Commerce for Australian Citizens teaching program Page 2 - design a cartoon strip illustrating anarchy Cartoon strip demonstrate students’ assessment of how laws empower people. Teacher provides written feedback commenting on the students’ examination of the role of law in society. court structure graphically represent the structure of court hierarchy and explain the role of court personnel Teacher: - uses an OHP to display Australia’s court hierarchy (CAC, p 199) - explains the role of court personnel (CAC, p 204) Students: - complete their own diagram to explain the structure of the court hierarchy - explain the difference between a solicitor and a barrister; identify and explain the role of court personnel Students’ diagram shows that they understand and can represent the court structure. Teacher checks the diagrams to check for accuracy. Students’ explanation and identification demonstrates their knowledge of court personnel. Teacher checks explanations and identifications for accuracy, providing oral feedback as task is completed. juries. explain the process of being summoned for jury duty evaluate the role of juries Teacher: - outlines jury duty (CAC, p 204) - discusses the value of having a majority decision in a jury (CAC, p 205) - organises and adjudicates a class mock trial Students: - explains what jury duty is and evaluate its significance - conduct a mock trial (CAC, p 206); at its conclusion, evaluate the role of juries Students’ explanation and evaluation demonstrates their understanding of the jury system. Teacher provides oral/written feedback, commenting on students’ analysis of the rights and responsibilities of individuals in this legal context. Mock trial demonstrates students’ ability to apply legal concepts and terminology in a variety of contexts. Teacher provides written and oral feedback commenting on students’ application of their knowledge of the jury and court systems. Published by Macmillan Education Australia. © Macmillan Education Australia 2004. Commerce for Australian Citizens teaching program Areas of law classifying laws how laws are made - common law - statute law - constitutions identify the difference between public and private law identify the key differences between criminal and civil law investigate the difference between judgemade law and parliament-made law using cases examine how a bill becomes a law using a contemporary example distinguish between the role of the Federal and State constitutions in guiding law-making Page 3 Teacher: - explains the system of common law (CAC, p 195) - introduces the concepts of criminal and civil law (CAC, p 201) - outlines statute law and judge-made laws (CAC, p 195 and 198) - uses an OHP to illustrate the passage of a bill (CAC, p 296) - provides a summary of the role of the constitution in law-making (CAC, p 196–197) Students: - briefly explain how Australia’s legal system developed - using given examples identify cases as criminal or civil - use a flow diagram to illustrate the passage of a bill; conduct a role-play to demonstrate the passage of a bill in your class - evaluate the purpose of the Constitution in relation to our legal system - explain what a judge-made law is and the associated terminology Students’ explanation of how the legal system developed indicates their knowledge of common law. Teacher provides oral feedback, commenting on students’ level of understanding. Application of knowledge of criminal and civil cases demonstrates students’ ability to classify laws. Teacher provides oral check of accuracy of answers. Students’ flow chart, role-play and evaluation show that they have examined the passage of a bill and understand the purpose of the constitution. Teacher provides oral and written feedback on the students’ explanation of legal information using a variety of forms. Explanation of judge-made laws demonstrates students’ understanding of how laws are made. Teacher provides oral feedback commenting on the correct application of legal concepts and terminology. the relationship of laws to values, morals and ethics how laws are changed critically assess whether laws reflect the values of our society discuss why laws change, how they change and the effect of the changes using contemporary case studies examine the political process leading to legislative change Teacher: - discusses the case of human embryo research and law-making (CAC, p 207); supervised heroin injecting rooms (CAC, p 208); Aboriginal law and Aboriginal land rights (CAC, p 210–212) Students: - in groups, develop arguments for and against human embryo research - explain how the law was changed to Published by Macmillan Education Australia. © Macmillan Education Australia 2004. Students’ work on the human embryo research, drug injecting rooms and Aboriginal law demonstrate their ability to critically assess whether laws reflect values in our society, and how and why they change as well as the role of politics. Teacher provides written comment on students’ report and presentations commenting on their research, assessment Commerce for Australian Citizens teaching program Page 4 - - Using the legal system accessing the law cost time procedures language issues of fairness in using the law keep pace with scientific and technological developments research and write a one-page report assessing heroin injecting room trials both here and overseas in groups prepare a presentation on one of the following topics: Aboriginal reconciliation; an Aboriginal treaty; Aboriginal deaths in custody; or the stolen generation Teacher: identify groups which may experience difficulties in achieving equal access to - introduces the concept of equity and the law (CAC, p 209) the law - gives example of organisations which evaluate the effectiveness of attempts assist in gaining better access to the legal within the legal system to address issues system for the disadvantaged (CAC, p of unequal access to the law 209–210) Students: - explain what is meant by the principle of equity in the law - in groups, use the internet to investigate and evaluate the role of one of the legal aid groups. Present your findings to other groups Published by Macmillan Education Australia. © Macmillan Education Australia 2004. and explanation of legal information. Explanation of equity and the law shows students’ knowledge of the issue of accessing the law for different groups. Teacher provides oral/written feedback for explanations. Students’ research and presentations indicate their ability to evaluate the issue of unequal access to the law. Students’ provide peer assessment of each groups’ presentation, commenting on their evaluation. Commerce for Australian Citizens teaching program Page 5 Option 8 Law in action Focus Resources Students examine the rights and responsibilities of individuals in a range of situations in which they may come in contact with the law. Brian Parker Commerce for Australian Citizens, MEA Melbourne 2004 www.kids.nsw.gov.au www.abs.gov.au Time allocation 15-25 indicative hours Outcomes A student: 5.3 examines the role of law in society 5.4 analyses key factors affecting commercial and legal decisions 5.5 evaluates options for solving commercial and legal problems and issues 5.6 monitors and modifies the implementation of plans designed to solve commercial and legal problems and issues 5.7 researches and assesses commercial and legal information using a variety of sources 5.8 explains commercial and legal information using a variety of forms 5.9 works independently and collaboratively to meet individual and collective goals within specified timelines Students learn about: Students learn to: Contact with the law the nature of legal capacity contact with criminal law identify the ages when various rights and responsibilities are granted by the law research areas of the law that affect young persons identify when a young person is considered to be an adult in different criminal situations Integrated teaching, learning and assessment Evidence of learning/feedback Teacher: - provides examples of the ways that young people may come in contact with the law (CAC, p 214–217) - provide access to computers Students: - identify the difference between moral and legal responsibilities - explain given terminology - use the website of the NSW Commission for Children and Young People (www.kids.nsw.gov.au) to investigate and present one of the reports on this site Students’ identification of differences between moral and legal responsibilities allows them to examine the role of law in society. Published by Macmillan Education Australia. © Macmillan Education Australia 2004. Teacher provides oral feedback commenting on the validity of students’ responses. Use of the website allows students to research and identify the nature of legal capacity for young people. Teacher gives oral/written feedback commenting on students’ ability to identify the ages when young people are affected by Commerce for Australian Citizens teaching program Page 6 the law and what areas affect young people. elements needed to be proven for a person to be convicted of a crime punishment for crime - contact with the civil law contracts negligence use a range of cases to examine the levels of responsibility that apply to young people as accused witness victim identify the elements which must be proven for someone to be convicted of a crime discuss appropriate punishments for a range of crimes investigate how the same incident may give rise to both civil and criminal action investigate the capacity of a young person to enter into different types of contracts identify situations where civil law can hold young people responsible for their actions use legal cases to discuss situations where businesses can be found to be negligent in a legal sense examine remedies for negligence Teacher: - outlines law enforcement (CAC, p 223– 225) and what to do if arrested (CAC, p 225) - outlines what it means to go to prison (CAC, p 217) - provides a summary of alternatives to prison (CAC, p 217–219) - discusses the Children’s Court (CAC, p 218–219) Students: - explain given terminology - use a flow chart to illustrate how an arrest is made and how a charge is brought against someone - examine what happens when a young person is convicted of a crime - outline the alternatives to prison - use the ABS website (www.abs.gov.au) to access and record statistics on youth crime Students’ flow chart and examination demonstrates their knowledge of the elements needed to be proven for a person convicted of a crime and the levels of responsibility that apply to young people. Teacher: - introduces the concept of liability (CAC, p 219) - provides outline of young people and contracts, and torts (CAC, p 220) Students: - explain the meaning of liability and what it means in practice - give an example of an incident in which both criminal and civil proceedings are involved - use the given scenario to discuss negligence and its consequences Examples demonstrate students’ ability to investigate how an incident can give rise to civil and criminal action. Teacher provides oral/written feedback commenting on students’ ability to identify the elements of a crime and the levels of responsibilities of young people. Outline of alternatives to prison gives an indication of students’ ability to discuss appropriate punishments for a range of crimes. Teacher provides oral feedback commenting on the quality of students’ discussion of appropriate punishments. Teacher checks students’ answers. Explanation by students demonstrates their understanding of young people and contracts. Teacher provides oral/written feedback commenting on students’ understanding of the legal standing of young people and contracts. Students’ discussions demonstrate their understanding of the key factors affecting the legal issues of negligence. Published by Macmillan Education Australia. © Macmillan Education Australia 2004. Commerce for Australian Citizens teaching program Page 7 Teacher provides oral/written feedback commenting on the students’ understanding of the issue of negligence for businesses and remedies for negligence. Rights and responsibilities individual rights and responsibilities in different situations - commercial, family, work, offender, victim, witness, defendant/plaintiff protection provided by the law investigate and outline the rights and responsibilities of individuals in a range of situations examine the ways in which children are protected under the Convention of the Rights of the Child use cases to examine how the law provides protection for individuals in a particular situation—family, commercial, work Teacher: - gives examples of a range of rights and responsibilities of people in given situations (CAC, p 220–221) - display UNICEF’s home page for the Convention (CAC, p 221) - outline the UN Declaration of Human Rights (CAC, p 221–222) Students: - explain the difference between rights and responsibilities - list the rights and responsibilities for each member of your family - examine the role of the UN in protecting the rights of young people - in groups, list the rights and corresponding responsibilities in different situations (workplace, family, courtroom etc.) Students’ explanation and list shows that they have investigated and outlined individual rights and responsibilities in different situations. Teacher provides oral/written feedback commenting on students’ explanation of legal information. Examination of the role of the UN gives an indication of the students’ ability to examine how children are protected. Teacher provides oral/written feedback commenting on students’ examination. Group work shows students are able to use cases to examine how the law protects people. Teacher provides oral/written feedback commenting on students’ ability to work collaboratively and to apply legal information. Published by Macmillan Education Australia. © Macmillan Education Australia 2004. Commerce for Australian Citizens teaching program Resolving disputes - methods of resolving disputes police courts community conferencing mediation and conciliation tribunals Current issues current issues relating to the law in action identify the range of options for dispute resolution evaluate the effectiveness of different methods of resolving disputes Page 8 Teacher: - provides outline of disputes and methods of resolution (CAC, p 222) Students: - evaluate methods of dispute resolution - conduct a role-play in which mediation is used to settle the given disputes Students’ evaluation and role-play demonstrates their ability to identify and evaluate options for resolving disputes. Teacher provides oral feedback to check students’ options. Role-plays can be assessed by peers commenting on the range of options identified and the clarity of the evaluation of these options for dispute resolution. compile a media file of appropriate current issues for discussion and report Teacher: - discusses community safeguards e.g. Neighbourhood Watch, Crime Stoppers, ICAC etc (CAC, p 226–227) - discusses family law (CAC, p 228–229) Students: - compile an annotated electronic media file of one current issue. Present your file to the class Published by Macmillan Education Australia. © Macmillan Education Australia 2004. Students’ electronic media file and presentation demonstrates their knowledge of current issues relating to the law in action. Teacher provides written comment giving feedback on the selection and annotation of articles and the level of understanding of the issue displayed in their discussion. Commerce for Australian Citizens teaching program Page 9 Option 6 Political involvement Focus Resources Students develop an understanding of how political processes operate at various Brian Parker Commerce for Australian Citizens, MEA Melbourne 2004 levels and how they can be involved in these processes to achieve desired www.aec.gov.au outcomes. Time allocation 15-25 indicative hours Outcomes A student: 5.2 analyses the rights and responsibilities of individuals in a range of consumer, financial, business, legal and employment contexts 5.3 examines the role of law in society 5.4 analyses key factors affecting commercial and legal decisions 5.5 evaluates options for solving commercial and legal problems and issues 5.6 monitors and modifies the implementation of plans designed to solve commercial and legal problems and issues 5.7 researches and assesses commercial and legal information using a variety of sources 5.8 explains commercial and legal information using a variety of forms 5.9 works independently and collaboratively to meet individual and collective goals within specified timelines Students learn about: Structure of government federal, state and local levels of government responsibility Students learn to: describe the roles and responsibilities of the various levels of government Integrated teaching, learning and assessment Evidence of learning/feedback Teacher: - outlines the three main features of government in Australia (CAC, p 230) - uses an OHP to display the three levels of government in Australia and their responsibilities (CAC, p 232) - outlines the role of the House of Representatives and Senate in the federal government, including plans of each (CAC, p 233–234) - introduces the concepts of the Legislative Assembly and Legislative Council in the state government (CAC, The summary demonstrates students’ understanding of Australia’s system of government. Published by Macmillan Education Australia. © Macmillan Education Australia 2004. Teacher checks summary for accuracy. Table shows that students’ can identify the roles and responsibilities of the levels of government in Australia. Teacher checks tables for accuracy. Explanation, completion of tables and local Commerce for Australian Citizens teaching program Page 10 p 235) displays the local government structure and the calculation of rates (CAC, p 236) Students: - complete a prose activity to summarise Australia’s system of government - construct a table to describe the three levels of government and their levels of responsibility - explain the differences between the federal and state/territory governments - use a table to outline the role of the two house in the federal government - complete the table of federal and state governments positions using the relevant websites - outline the roles of the given positions in the state government - complete a do-it-yourself local council kit. Choose a means of presenting this information to the class council kit demonstrate students’ understanding of and ability to describe the roles and responsibilities of the various levels of government. Teacher: - brainstorm issues that concern the community and how to take on political issues (CAC, p 240) Students’ concept map gives an indication of their awareness of the issues that concern the community and how to take political action. - Political action issues that concern the community how to take action on political issues - individual action - political parties - lobby groups - media identify key issues at different levels of government that affect the lives of individuals, young people and groups research and report on methods of political action taken by individuals and groups Teacher provides oral and written feedback to comment on the depth of students’ understanding of the roles and responsibilities of the various levels of government. Teacher checks and displays concept maps See Chapter 13 for a more comprehensive for general reference. treatment on participating in a democracy. Students: - complete a concept map of issues and political actions Published by Macmillan Education Australia. © Macmillan Education Australia 2004. Commerce for Australian Citizens teaching program Decision-making organisations which make decisions that impact on the community - government organisations - businesses - welfare organisations - media processes involved in decision making Participation in the democratic process right to vote Methods of voting Teacher: identify the impact of decisions made by - discusses decisions made by governments and other organisations various organisations on different groups (CAC, p 241) in the community Students: discuss the influence of particular - explain how the decisions of different organisations in the community on groups in the community interact with different groups each other explain how governments make decisions Explanation gives an indication of students’ knowledge of decision-making bodies and the processes involved in decision making. Teacher: identify which individuals have the right - introduces the concept of democracy (CAC, p 241) to vote explains how an election is conducted investigate how an election is conducted (CAC, p 242–244) - provides information from the Electoral Office (CAC, p 245) Students: - identify who has the right to vote - use the Australian Electoral Commission website (www.aec.gov.au) to investigate how an election is conducted Identification by students demonstrates that they know who has the right to vote. outline the range of voting methods first past the post preferential optional preferential proportional Role and function of political parties Page 11 identify the major similarities and differences between political parties Teacher provides written feedback commenting on the clarity of the students’ explanation. Teacher checks identification for accuracy. Investigation by the students demonstrates their ability to research legal information using a variety of sources and their knowledge of the election process. Teacher provides oral feedback as students complete their research. Teacher: - using examples explains the methods of voting (CAC, p 247–250) Students: - discuss the advantages and disadvantages of each voting method - conduct a mock class election using the preferential voting system (CAC, p 251) Students’ discussion and mock trial demonstrate their understanding of the methods of voting. Teacher: - display a summary of the main political parties in Australia (CAC, p 252) - introduce the concept of a two party system Students: - create a table with the headings political party, philosophy and current leader - form a new political party, develop Creation of table shows that students can identify the similarities and differences between political parties. Published by Macmillan Education Australia. © Macmillan Education Australia 2004. Teacher comments on the level of understanding of the methods of voting and the students’ ability to explain legal information using a variety of forms using oral/written feedback. Teacher uses class contributions to create a comprehensive summary on the board. Development of a political party with a platform demonstrates students’ knowledge Commerce for Australian Citizens teaching program Page 12 policies and a party platform of the role and function of political parties. Teacher provides oral feedback commenting on the clarity and relevance of the party and its platform. Role and strategies of pressure groups rights and responsibilities of individuals and groups in the democratic process identify key pressure groups and the strategies they use to achieve a goal design an appropriate action plan to influence the decision-making process for an important community issue Teacher: - using examples, outline the role and strategies of pressure groups and lobby groups (CAC, p 254–258) - discusses the rights and responsibilities of those in the democratic process (CAC, p 259) Students: - identify and evaluate the most effective pressure groups - write a letter to your local MP about a local issue of concern to you - outline the aims of the Women’s Electoral Lobby - select an important community issue and design an appropriate action plan to influence the decision-making process Identification and evaluation demonstrates students’ knowledge of the role and strategies of pressure groups. Teacher provides oral/written feedback commenting on the clarity of the students’ responses. Letter and outline of lobby groups give an indication of the students’ knowledge of the rights and responsibilities of individuals and groups in the democratic process. Teacher provides written comment on the students’ ability to identify the rights and responsibilities in the democratic process. Students’ action plans shows that they can influence the decision-making process for an important community issue. Peer assessment can be used to comment on how appropriate and influential the action plans are. Current issues current issues involving the political process identify, monitor and report on a current issue relating to the political process Teacher: - brainstorm current political issues Students: - select a current issue involving the political process and report on the way it is being covered in the media Published by Macmillan Education Australia. © Macmillan Education Australia 2004. Students’ report demonstrates their understanding of a current issue involving the political process. Teacher provides written feedback commenting on the students’ ability to research, assess and clearly explain this current issue.