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
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.
Customs, Rules, and Law
- Rules govern specific groups; customs are collective habits enforced by social norms.
Values and Ethics
- Values: Principles deemed worthwhile.
- Ethics: Standards of right and wrong conduct.
Characteristics of Just Laws
- Must be known, enforceable, accessible, reflect public interest, and define rights and duties.
The Nature of Justice
- Justice involves fair treatment under law ensuring all voices, including minority opinions, are heard.
Procedural Fairness and Natural Justice
- Key principles include the right to be heard and an unbiased decision-maker.
The Rule of Law
- No one is above law; it provides a framework for justice and order in society.
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
Australia’s Legal Heritage
- Common law and statute law are the foundations of contemporary Australian law.
Common Law
- Law developed through judicial decisions and precedents.
Court Hierarchy
- Structure includes Local Courts, District Courts, Supreme Courts, and High Court; reflects a system for managing cases based on their severity.
Statute Law
- Laws made by parliament (Acts of Parliament).
Australian Constitution
- Framework established at Federation in 1901 detailing powers of government and processes for amending the Constitution.
Aboriginal and Torres Strait Islander Peoples' Customary Laws
- Unique legal systems acknowledging traditional customs and communal ownership of land, emphasizing custodianship.
International Law
- Governs relationships between states; includes custom, treaties, and legal decisions.
Chapter 3: Classification of Law
Public Law
- Regulates relationships between individuals and the state; includes criminal law, administrative law, and constitutional law.
Private Law
- Governs disputes between private individuals; includes contract and tort law.
Criminal and Civil Court Procedures
- Criminal law involves prosecutions by the state; civil law involves disputes resolving through litigation.
Chapter 4: Law Reform
What is Law Reform?
- Process of changing laws to reflect societal values, technological advances, or other influences.
Conditions for Law Reform
- Social change, technological advancements, and political pressures can necessitate reform.
Agencies of Reform
- Various bodies including legislatures, law commissions, and non-governmental organizations enact reforms.
Mechanisms of Law Reform
- Changes may occur through statute changes, court decisions, or public initiatives.
Chapter 5: Law Reform in Action
Topics Discussed:
- Law reform and native title.
- Law reform surrounding sport.
- Law reform related to sexual assault.
- Law reform for young drivers.