legal study notes syllabus

Students learn about:

1. Basic legal concepts

• meaning of law

• customs, rules and law

• values and ethics

• characteristics of just laws

• nature of justice:

• equality

• fairness

• access

• procedural fairness (principles of natural  justice)

• rule of law

• anarchy 

• tyranny

Students learn to:

• define law

• distinguish between customs, rules, laws, values and ethics

• describe the characteristics of just laws and the nature of justice

• define and investigate procedural fairness and the rule of law

• define anarchy and tyranny

2. Sources of contemporary Australian law

common law

• British origins, including:

• development of common law

• equity, precedent

• adversarial system of trial

• court hierarchy:

• jurisdiction of state and federal courts

statute law

• role and structure of parliament

• legislative process

• delegated legislation

• outline the origin of common law

• examine the hierarchy and jurisdiction of state and federal courts

• outline the role and structure of parliament and the legislative process

• describe the function of delegated legislation

the constitution

• division of powers

• separation of powers

• role of the High Court

Aboriginal and Torres Strait Islander Peoples’ customary laws

• diverse nature of customary laws

• spiritual basis, significance of land and water

• family and kinship

• ritual and oral traditions

• mediation and sanctions

• relevance to contemporary Australian law

international law

• differences between domestic and international law

• state sovereignty

• sources, including:

• international customary law

• instruments (declarations and treaties)

• legal decisions, writings

• role of: 

• United Nations

• courts and tribunals

• intergovernmental organisations

• non-government organisations

• relevance to contemporary Australian law

• explain the difference between division and separation of powers

• examine the role of the High Court in the interpretation of the constitution

• examine the characteristics of Aboriginal and Torres Strait Islander Peoples’ customary laws
  
  

• outline the extent to which Aboriginal and Torres Strait Islander Peoples’ customary laws have been integrated into Australian law

• distinguish between domestic and international law and examine the impact of state sovereignty

• examine the sources of international law

• describe the role of the various organisations involved in international law

• examine how international law impacts on and is incorporated into Australian law

3. Classification of law

• public law

• criminal law 

• administrative law

• constitutional law
  
  

• private law (civil law)

• contract law

• tort law

• property law

• criminal and civil court procedures including legal personnel

• common and civil law systems

• outline different types of law
  
  

• compare the purpose of different types of law

• distinguish between civil and criminal court procedures

• identify the role of legal personnel involved in the court process

• compare and contrast common and civil law systems 

4. Law reform

• conditions that give rise to law reform including: changing social values, new   concepts of justice, new technology

• agencies of reform including law reform commissions, parliamentary committees, the media, non-government organisations

• mechanisms of reform including courts, parliaments, United Nations intergovernmental organizations

• examine the conditions that give rise to law reform

• describe the role of agencies involved in law 

• reform

• examine the operation of the different mechanisms of reform

5. Law reform in action

A) native title

• terra nullius

• the roles of the High Court and federal parliament

• major native title decisions

• legislation

B) a contemporary law reform issue

NBSC Freshwater - studied through a group research activity. Students researched ONE of the following: 

• No body, No parole 

• Mandatory Sentencing 

• Group option 

• explain why terra nullius was an obstacle to achieving native title

• examine the roles of the High Court and federal parliament in recognising native title

• examine major Australian native title decisions 

• assess the effectiveness of the law reform process in achieving just outcomes in regard to native title

• identify and investigate a contemporary law reform issue

• examine the conditions that give rise to the need for law reform, the agencies of reform and mechanisms of reform

• assess the effectiveness of law reform in achieving just outcomes with regard to a contemporary law reform issue.

Students learn about:

1. Your rights and responsibilities

• the nature of individual rights

• relationship between rights and responsibilities

Students learn to:

• identify the types of rights to which  individuals are entitled

• outline the responsibilities of citizens within a society

• explain the interrelationship between rights and responsibilities

2. Resolving disputes

• the roles of the federal and state police and other law enforcement agencies

• resolving disputes between individuals: 

• alternative dispute resolution  

• tribunals

• courts

• resolving disputes with the state:

non-legal methods:

• media

• members of parliament

• trade unions

• interest groups, including non-government organisations

legal methods:

-  internal review

-  external review: administrative, judicial, ombudsman, statutory bodies including Independent Commission against Corruption (ICAC), Royal Commissions

• outline the roles of law enforcement agencies

• identify and examine methods of resolving disputes between individuals 

• compare and contrast disputes between individuals and those between individuals and the state 

• assess the effectiveness of methods of resolving disputes

• distinguish between non-legal and legal methods of enforcing rights and resolving disputes

• assess the effectiveness of dispute resolution processes in achieving justice for and between individuals

3. Contemporary issue:

The individual and technology

• impacts of technology on the individual

• legal implications

• difficulties with enforcing rights

• future directions – the role of law reform

Examples that may be studied could include:

• misuse of interactive technologies

• cyber-bullying

• genetic profiling

• cyberspace

• privacy issues

• security and surveillance

• mobile phones

• copyright.

• explain the difficulties with enforcing rights

• assess the role of law reform in addressing emerging technological issues and enforcing rights

• discuss the legal implications of the use of technology and its impact on the individual.

Students learn to:

• examine at least two contemporary issues that involve Australian citizen(s) in either a domestic or another jurisdiction

• describe the legal and non-legal responses to this issue

• evaluate the effectiveness of the legal and non-legal responses to this issue.
  Criteria to evaluate effectiveness could include:

P: protection of individual rights

E: enforceability

A: accessibility 

R: resource efficiency

R: responsiveness

J: Has justice been achieved?

A: application of the rule of law 

M: meeting society’s needs