2015 first handout unit one and two legal studies

advertisement
Legal Studies 2015: Unit 1 and 2
Unit 1: Criminal law in action
The law influences all aspects of society – at home, at work and in the wider community.
Following an overview of the law in general, this unit focuses on criminal law. Students
examine the need for laws in society.

They investigate the key features of criminal law, how it is enforced and adjudicated and possible outcomes
and impacts of crime.

Through a consideration of contemporary cases and issues, students learn about different types of crimes
and explore rights and responsibilities under criminal law.

Students also consider the role of parliament and subordinate authorities in law-making, as well as the
impact of the Victorian Charter of Rights and Responsibilities on law enforcement and adjudication in
Victoria.

Students investigate the processes and procedures followed by courts in hearing and resolving criminal
cases to consider the effectiveness of the criminal justice system in achieving justice.
Unit 2: Issues in civil law
The civil law regulates the rights and responsibilities that exist between individuals, groups and organisations. If
legal rights have been infringed, the aggrieved party may pursue legal action through the court system, through
a tribunal, or by using one of the methods of dispute resolution.

Students examine the rights that are protected by civil law, as well as obligations that laws impose. They
investigate types of civil laws and related cases and issues and develop an appreciation of the role of civil
law in society and how it affects them as individuals.

The unit also focuses on the resolution of civil disputes through judicial determination and alternative
methods in courts, tribunals and independent bodies.

Individuals can influence a change in the law by taking a case to court. Students focus on cases that have
had a broader impact on the legal system and on the rights of individuals.
Key Skills: These skills include the ability to:
• Define, identify, describe and analyse key legal terminology and concepts
• Consider the effectiveness of selected laws
• Research and gather information about criminal and civil cases, using print and electronic media
• Apply and discuss legal principles to relevant criminal and civil cases and issues
• Compare one aspect of Victoria’s sentencing approaches with that of an international jurisdiction
• Identify the rights in criminal proceedings guaranteed by the Victorian Charter of Rights and Responsibilities
• Evaluate methods of dispute resolution relevant to civil cases
What can I do with a degree in Legal Studies?
Generic skills gained through studying legal studies
 research
 communication
 critical thinking




awareness of diversity
policy analysis
creative thinking
problem solving
Fields of employment
 research
 policy development
 social planning
 teaching
 advocacy
 corrective services
 legal administration/paralegal
 community education
Examples of job titles in the area of Legal Studies *
Aboriginal Justice Officer
Advocacy Support Worker
Case Manager
Community Development Worker
Correctional Services Officer
Court Officer
Electoral Officer
Teacher
Trade Union Official
Housing Support Officer
Intelligence Officer
Law Clerk
Media Adviser
Mental Health Advocate
Police Officer
Research Assistant
Women’s Worker
Youth Justice Coordinator
Some examples of employers









law enforcement agencies
government departments
community legal aid centres
prisons and detention centres
law reform organisations
industry associations
banks
legal recruitment
humanitarian organisations
* court system
* non government research organisations
* community welfare agencies
* legal publishers
* management consulting
* media and communications industry
* trade unions
* public interest advocacy groups
* schools and universities
Curriculum Document
Name of Unit: Unit 1: Criminal law in action
Year Level: 11
Terms: 1 and 2
Subject / Unit Overview:
The law influences all aspects of society – at home, at work and in the wider community. Laws are used by society to
preserve social cohesion, and to ensure the protection of people from harm and from the infringement of their
rights. These laws can be grouped according to their source and whether they are criminal or civil in nature.
Following an overview of the law in general, this unit focuses on criminal law.
Students examine the need for laws in society. They investigate the key features of criminal law, how it is enforced
and adjudicated and possible outcomes and impacts of crime. Through a consideration of contemporary cases and
issues, students learn about different types of crimes and explore rights and responsibilities under criminal law.
Students also consider the role of parliament and subordinate authorities in law-making, as well as the impact of
the Victorian Charter of Rights and Responsibilities on law enforcement and adjudication in Victoria.
Students investigate the processes and procedures followed by courts in hearing and resolving criminal cases. They
explore the main features and operations of criminal courts and consider the effectiveness of the criminal justice
system in achieving justice.
Cycle
Learning outcomes
Assessment Tasks
Law in society (10 hours)
1
2
Key knowledge
This knowledge includes:
• the difference between legal and non-legal rules
• the need for laws
• characteristics of an effective law
• the distinction between criminal law and civil law
• an overview of the role and characteristics of
parliament and subordinate authorities in
lawmaking.
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.
Criminal Law (24 hours)
3
4
5
6
Key knowledge
This knowledge includes:
• principles of criminal liability, including elements
of a crime, the presumption of innocence, the
burden and standard of proof, age of criminal
responsibility and participants in crime
• crimes against the person and related defences
• crimes against property and related defences
• the criminal investigation process, including police
powers and individual rights and responsibilities in
dealing with police
• sanctions under criminal law and their
effectiveness
• trends in crime, sentencing and recidivism
• a comparison of one aspect of sentencing in
Victoria with that of an international jurisdiction
• the impact of criminal acts on individuals and
society
• alternative avenues for seeking compensation for
victims of crime.
Outcome 2
On completion of this unit the student should
be able to explain the key principles and types
of criminal law, apply the key principles to
relevant cases, and discuss the impact of
criminal activity on the individual and
society. To achieve this outcome the student
will draw on key knowledge and key skills
outlined in Area of Study 2.
The Criminal Courtroom (16 hours)
7
8
Key knowledge
This knowledge includes:
• the distinction between summary offences and
indictable offences
• reasons for a court hierarchy
• an overview of the criminal jurisdiction of courts
in the Victorian court hierarchy
• bail, remand and committal hearings
• features of a fair trial and rights in criminal
proceedings guaranteed by the Victorian Charter of
Rights and Responsibilities
• overview of the adversarial nature of a criminal
trial
• role of court personnel advice and assistance
available through legal aid
Outcome 3
On completion of this unit the student should
be able to describe the processes for the
resolution of criminal cases, and discuss the
• role and operation of a criminal jury.
UNIT TWO: The Civil law and action (15 hours)
10
Key knowledge
This knowledge includes:
• the need for civil law
• key principles of civil law
• the distinction and relationship between civil law
and criminal law
• an overview of law-making through the courts
• torts, including negligence, defamation, and
related defences.
capacity of these processes to achieve justice.
To achieve this outcome the student will draw
on key knowledge and key skills outlined in
Area of Study 3.
Outcome 1
On completion of this unit the student should
be able to explain the principles of civil law,
law-making by courts, and elements of torts,
and apply these to relevant cases. To achieve
this outcome the student will draw on key
knowledge and key skills outlined in Area of
Study 1.
Curriculum Document
Name of Unit: Unit 2: Issues in civil law
Year Level: 11
Terms: 3 and 4
Subject / Unit Overview:
The civil law regulates the rights and responsibilities that exist between individuals, groups and organisations. If
legal rights have been infringed, the aggrieved party may pursue legal action through the court system, through a
tribunal, or by using one of the methods of dispute resolution.
Students examine the rights that are protected by civil law, as well as obligations that laws impose. They investigate
types of civil laws and related cases and issues and develop an appreciation of the role of civil law in society and
how it affects them as individuals.
The unit also focuses on the resolution of civil disputes through judicial determination and alternative methods in
courts, tribunals and independent bodies. Students examine these methods of dispute resolution and evaluate their
effectiveness.
Individuals can influence a change in the law by taking a case to court. Students focus on cases that have had a
broader impact on the legal system and on the rights of individuals. Students develop an appreciation of the role
played by such cases and undertake an analysis of relevant legal issues.
Cycle
Learning outcomes
Assessment Tasks
The law in focus (14 hours)
11
Key knowledge
12
This knowledge includes:
• the role of the court hierarchy in civil disputes
• the civil jurisdiction of courts in the Victorian court
hierarchy
• methods of civil dispute resolution, including
mediation, conciliation, arbitration and judicial
determination
• purpose and operation of civil pre-trial procedures
• an overview of the adversarial nature of a civil trial
13
• difficulties faced by parties when attempting to
resolve civil disputes.
14
The law in focus (14 hours)
Civil law protects a wide range of rights that exists
between parties. The extent and principles of civil
rights and responsibilities need to develop along with
changes in society, and this creates issues for the law.
Students undertake a detailed investigation of a
specific area of the law. To develop knowledge and
understanding about contemporary issues in the law
and their resolution, students consider one or more of
the following areas of law:
• Contract law//• Family law//• Consumer
protection laws//• Workplace laws//• Wills and
inheritance//• Sports and the law//• Tenancy law//•
Environmental law//• Any other relevant area of civil
law.
Key knowledge
15
Outcome 2
On completion of this unit the student should be
able to explain and evaluate the processes for the
resolution of civil disputes. To achieve this
outcome the student will draw on key knowledge
and key skills outlined in Area of
Study 2.
This knowledge includes:
• legal principles relevant to the selected area/s of
law
Outcome 3
On completion of this unit the student should be
able to explain one or more area/s of civil law,
and discuss the legal system’s capacity to respond
• a contemporary issue for the selected area/s of law
• the capacity of the legal system to respond to
demands for change
• methods and institutions for resolving disputes
arising under the selected area/s of law.
16
A question of rights (10 hours)
Individuals can make an impact on the legal system
in a number of ways, one of which is the pursuit of
cases through the courts. In this area of study
students examine an instance where an individual or
group has suffered an abuse of their rights and
sought redress through the court system. Students
investigate an Australian case and develop an
understanding of ways in which individuals can
shape the law, and examine instances of people being
empowered by the legal system. Students discuss the
impact of this case on the legal system and the rights
of individuals.
Key knowledge
17
18
This knowledge includes:
• the specifics of an Australian case that illustrates
rights issues and the empowerment of the people,
and its impact on the legal system
– the role of an individual or a group in launching a
test case
– the facts and issues central to the case, including
the right/s in question
– the laws that applied to the case
– the outcome of the case and its impact on the legal
system and the rights of individuals
– conflicting attitudes in relation to the issues raised
in the case.
Examination revision
Exam
Head Start Week
19
to issues and disputes related to the selected
area/s of law. To achieve this outcome the
student will draw on key knowledge and key
skills outlined in Area of Study 3.
Outcome 4
On completion of this unit the student should be
able to describe an Australian case illustrating
rights
issues, and discuss the impact of the case on the
legal system and the rights of individuals.
To achieve this outcome the student will draw on
key knowledge and key skills outlined in Area of
Study 4.
Tips for 2015
We learn:
10% of what we read
20% of what we hear
30% of what we see
40% of what we see and hear
70% of what is discussed
95% of what we teach to someone else
Do I understand my Preferred Learning Style?
Am I a visual learner?
I need to see or view it? Like the big picture?
Am I an auditory learner?
I need to hear or listen? I need to talk through ideas?
Am I a tactile learner?
I learn through touch, I need to make or design?
Am I a kinaesthetic learner?
I need to move, cannot sit still, I love action.
Do I know what study and revision strategies suit my learning style?
Auditory learners
Tips for the classroom
Involve yourself in
class discussion
Engage in as many
listening/speaking
situations as you can
Repeat important
information that you
hear out loud as soon
as it is appropriate
Tape or record
classes if your teacher
allows or summarise
this yourself on your
iPad
Create a legal study
group so you can
discuss the lessons
content with someone
else
Kinaesthetic learners
Tips for study and exam
preparation
Develop a set of
Mnemonics to
remember information
Prepare recordings
with information
described in your own
words (Podcasts,
MP3’s)
Listen to recordings
as often as you can.
Work with a study
buddy/group
To learn a sequence
of steps or formula,
write it out, then read
it aloud many times
Work with Baroque
background music
Tactile learners
Tips for the classroom
For SAC’s, Tests,
Revision, prepare
multimedia
presentations
information in
Tips for the classroom
Tips for study and exam
preparation
Get involved in
Take regular breaks, use
hands-on practical
the 80/20 rule
activities/check the
Jot down key words
weblinks and
Walk around the room as
electronic documents
you read your textbook or
Use real objects to
study notes
understand new
Draw pictures, flow
concepts, for example, charts, mind maps or
Acts of Parliament,
concept maps
Court Transcripts,
Read information aloud
Documentaries, etc
Make a model to show
Actively participate key concepts
in learning
Listen to your own
Sit near the front of recordings of information
the room
while exercising or traveling
Take notes all the
to school
time
Use colour in your
Don’t worry about
summarise to underline
spelling and grammar - headings and key concepts
as long as you can
Create study cards
understand it!
Visual learners
Tips for study and exam
preparation
Develop a set of Cue
Cards for revision &
study
Do something
practical with the
information - make it,
shape it, draw it,
Tips for the classroom
Tips for study and exam
preparation
Look carefully at
To revise, colour-code
information written on your notes with highlighters
the blackboard or
When revising, use mindwhiteboard
maps, pictures, diagrams
Make brief summary and flow charts
notes
Use flash or cue cards
Read to obtain or
Write out sentences or
different ways using
your iPad
Make a model to
show key concepts
Participate in games,
discussions and role
plays
redesign it!
Develop mind-maps
or diagrams that show
key concepts
Summarise key
information by
developing glossaries
and posters
clarify information
Sit by yourself
phrases that summarise key
points
Use revision handouts
Prepare PowerPoint
presentations
to discuss content and
create your own legal
games to play
Take notes all the
time
YOU ARE THE LEADERS OF YOUR OWN LEARNING!
It is important that all work is completed neatly and with care.

These summaries and diagrams are not only used for SAC preparation but can be used at the end of the
year when preparing for the examination.

By completing homework and SAC notes properly throughout the year, you will allow yourself more
time at the end of the year to complete practice exam questions rather that have to do the years’ work in a
number of weeks.

Have a separate section for questions, sac notes, practice sac questions and practise exam questions.
 HOMEWORK BUDDY – if you miss work, you need to email your homework buddy who will take notes for
you and email/text them to you. I also update daymap for you to check.
 It is your responsibility to keep up with missed work.
 Legal Studies Wikispace – you need to become a member of wikispace to access this site. This site will have
current handouts/revision sheets/useful links and also has a “discussion board” for you to utilise.
bclegalstudies.wikispaces.com
bookmark this now!
Braemar College Classroom Program Planner – 2015
Term 1
Term 2
Term 3
Term 4
Monday 2 February – Friday
April
2 February
Law in Society (10 hours)
o Need for laws
o Criminal and civil law
9 February
o Sac Preparation
o SAC ONE
Tuesday 13 April – Friday 19
June
13 April
o Sac Preparation
Tuesday 13 July – Friday 18
September
Tuesday 13 July
o SAC ONE
Mon 5 October –
20 April
o SAC TWO
12 October
o Facts and laws
16 February
Criminal Law (16 hours)
o Criminal law
27 April
The Criminal Courtroom (16
hours)
o Summary and
indictable offences
4 May
o Reason for a court
hierarchy
20 July
The civil Law in Action (15
hours)
o Court hierarchy
27 July
o VCAT and ADR
3 August
o Pre trial procedures
and trial procedures
25 October
o SAC FOUR
23 February
o Crimes and defences
5 October
o Launching a test
case
19 October
o Outcome of the
case
2 March
o Crimes against the
property
11 May
o Criminal jurisdictions
9 March
o Criminal investigation
process
16 March
o Sanctions
31 March
o Impact of crime
o Alternative avenues
4 April
Exeat Week
18 May
o Victorian Charter of
Rights
25 May
o Adversary system
o Criminal jury
1 June
o SAC THREE
UNIT TWO Civil Law (11
hours)
o Need for civil law
8 June
o Overview of
precedent
15 June
o TORT law
End of Term 1
o 2 weeks holiday
End of Term 2
3 weeks holiday
23 March
o Trends
Unit One
1. Law in society
2. Criminal law
3. The criminal courtroom
Unit Two
1. Civil law
2. The civil law in action
3. The law in focus
4. A question of rights
END OF YEAR EXAMINATION
10 August
o SAC TWO
The law in focus (14 hours)
o The law in focus
17 August
o Capacity to respond
to changes
24 August
Methods for resolving the
dispute
2 November
o EXAM REVISION
31 August
o SAC preparation
23 November
o Reports due
7 September
o SAC THREE
30 November
14 September
A question of rights (10 hours)
7 December
End of Term 3
o 2 weeks holiday
End of Term 4
9 November
o Revision/ exams
16 November
o Week of exams
Approximate time allocation
Weighting for reports
10 hours
24 hours
20%
50%
16 hours
30%
11 hours
15 hours
14 hours
10 hours
20%
20%
20%
20%
20%
Self-Reflection of your understanding
Area of Study and key knowledge dot points
UNIT ONE
Law in society (10 hours)
Key knowledge
This knowledge includes:
• the difference between legal and non-legal rules
• the need for laws
• characteristics of an effective law
• the distinction between criminal law and civil law
• an overview of the role and characteristics of
parliament and subordinate authorities in lawmaking.
Criminal Law (24 hours)
Key knowledge
This knowledge includes:
• principles of criminal liability, including elements of a
crime, the presumption of innocence, the burden and
(Tick Box Sheet)
H
M
L
Notes
standard of proof, age of criminal responsibility and
participants in crime
• crimes against the person and related defences
• crimes against property and related defences
• the criminal investigation process, including police
powers and individual rights and responsibilities in
dealing with police
• sanctions under criminal law and their effectiveness
• trends in crime, sentencing and recidivism
• a comparison of one aspect of sentencing in Victoria
with that of an international jurisdiction
• the impact of criminal acts on individuals and society
• alternative avenues for seeking compensation for
victims of crime.
The Criminal Courtroom (16 hours)
Key knowledge
This knowledge includes:
• the distinction between summary offences and
indictable offences
• reasons for a court hierarchy
• an overview of the criminal jurisdiction of courts in the
Victorian court hierarchy
• bail, remand and committal hearings
• features of a fair trial and rights in criminal
proceedings guaranteed by the Victorian Charter of
Rights and Responsibilities• overview of the adversarial
nature of a criminal trial
• role of court personnel advice and assistance available
through legal aid
• role and operation of a criminal jury.
UNIT TWO:
The Civil law and action (15 hours)
Key knowledge
This knowledge includes:
• the need for civil law
• key principles of civil law
• the distinction and relationship between civil law and
criminal law
• an overview of law-making through the courts
• torts, including negligence, defamation, and related
defences.
The civil law in action (15 hours)
Key knowledge
This knowledge includes:
• the role of the court hierarchy in civil disputes
• the civil jurisdiction of courts in the Victorian court hierarchy
• methods of civil dispute resolution, including mediation,
conciliation, arbitration and judicial determination
• purpose and operation of civil pre-trial procedures
• an overview of the adversarial nature of a civil trial
• difficulties faced by parties when attempting to resolve civil
disputes.
The law in focus (14 hours)
Key knowledge
This knowledge includes:
• legal principles relevant to the selected area/s of law
• a contemporary issue for the selected area/s of law
• the capacity of the legal system to respond to demands for
change
• methods and institutions for resolving disputes arising under the
selected area/s of law.
A question of rights (10 hours)
Key knowledge
This knowledge includes:
– the role of an individual or a group in launching a test case
– the facts and issues central to the case, including the right/s in
question
– the laws that applied to the case
– the outcome of the case and its impact on the legal system and
the rights of individuals
– conflicting attitudes in relation to the issues raised in the case.
Download