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.