Cambridge Legal Studies: Stage 6 Year 11

Cambridge Legal Studies: Stage 6 Year 11 Notes


About the Authors

  • Paul Milgate: Senior Manager of Strategy and Partnership at Diocese of Lismore Catholic Schools Ltd; extensive experience in teaching and developing networks in Legal Studies; principal author of multiple Legal Studies textbooks.
  • Kate Dally: Retired Head of Social Science; over 30 years teaching experience, including HSC marking in Legal Studies.
  • Dr. Daryl Le Cornu: History curriculum lecturer with interests in democracy, human rights and curriculum development.
  • Dr. Kevin Steed: Experience in teaching Social Sciences with contributions to professional journals; research scholar at Macquarie University.
  • Tim Kelly: Education and Curriculum Officer with a background in teaching Legal Studies; facilitator for Legal Studies teachers' network.

How to Use This Resource

  • Chapter and Part Openers: Each chapter contains objectives and relevant laws.
  • Media Articles: Provide context for legal systems in action.
  • In Court: Include relevant legal cases with questions for engagement.
  • Case Studies: Deep dives into particular legal issues.
  • Analysis Activities: Designed to foster engagement with various resources.
  • Glossary: Terms bolded within the text, detailed in the margins and a comprehensive glossary provided.

Part I: The Legal System

Chapter 1: Basic Legal Concepts
  1. The Meaning of Law

    • Law is a set of enforceable rules that guide behavior within a society.
    • Basis for order and resolving disputes, providing security and expectations among citizens.
  2. Customs, Rules, and Law

    • Rules govern specific groups; customs are collective habits enforced by social norms.
  3. Values and Ethics

    • Values: Principles deemed worthwhile.
    • Ethics: Standards of right and wrong conduct.
  4. Characteristics of Just Laws

    • Must be known, enforceable, accessible, reflect public interest, and define rights and duties.
  5. The Nature of Justice

    • Justice involves fair treatment under law ensuring all voices, including minority opinions, are heard.
  6. Procedural Fairness and Natural Justice

    • Key principles include the right to be heard and an unbiased decision-maker.
  7. The Rule of Law

    • No one is above law; it provides a framework for justice and order in society.
  8. Anarchy and Tyranny

    • Anarchy: Absence of laws leading to chaos.
    • Tyranny: Rule by a single leader with absolute power.

Chapter 2: Sources of Contemporary Australian Law
  1. Australia’s Legal Heritage

    • Common law and statute law are the foundations of contemporary Australian law.
  2. Common Law

    • Law developed through judicial decisions and precedents.
  3. Court Hierarchy

    • Structure includes Local Courts, District Courts, Supreme Courts, and High Court; reflects a system for managing cases based on their severity.
  4. Statute Law

    • Laws made by parliament (Acts of Parliament).
  5. Australian Constitution

    • Framework established at Federation in 1901 detailing powers of government and processes for amending the Constitution.
  6. Aboriginal and Torres Strait Islander Peoples' Customary Laws

    • Unique legal systems acknowledging traditional customs and communal ownership of land, emphasizing custodianship.
  7. International Law

    • Governs relationships between states; includes custom, treaties, and legal decisions.

Chapter 3: Classification of Law
  1. Public Law

    • Regulates relationships between individuals and the state; includes criminal law, administrative law, and constitutional law.
  2. Private Law

    • Governs disputes between private individuals; includes contract and tort law.
  3. Criminal and Civil Court Procedures

    • Criminal law involves prosecutions by the state; civil law involves disputes resolving through litigation.

Chapter 4: Law Reform
  1. What is Law Reform?

    • Process of changing laws to reflect societal values, technological advances, or other influences.
  2. Conditions for Law Reform

    • Social change, technological advancements, and political pressures can necessitate reform.
  3. Agencies of Reform

    • Various bodies including legislatures, law commissions, and non-governmental organizations enact reforms.
  4. Mechanisms of Law Reform

    • Changes may occur through statute changes, court decisions, or public initiatives.

Chapter 5: Law Reform in Action
Topics Discussed:
  1. Law reform and native title.
  2. Law reform surrounding sport.
  3. Law reform related to sexual assault.
  4. Law reform for young drivers.