Unit 1 – Legal Studies
Guilt and liability
Criminal law and civil law aim to achieve social cohesion and protect the rights of individuals. Criminal law is aimed at maintaining social order and infringing criminal law can result in charges. Civil law deals with the infringement of a person’s or group’s rights and breaching civil law can result in litigation. In this unit students develop an understanding of the different types and sources of law and the existence of a court hierarchy in Victoria. Students investigate key concepts of criminal law and civil law and apply these to actual and/or hypothetical scenarios to determine whether an accused may be found guilty of a crime, or liable in a civil dispute.
Areas of study
- Legal foundations
- The presumption of innocence
- Civil liability
There are three outcomes:
- Describe the main sources and types of law, and assess the effectiveness of laws.
- Explain the purposes and key concepts of criminal law, and use legal reasoning to argue the criminal culpability of an accused based on actual and/or hypothetical scenarios.
- Explain the purposes and key concepts of civil law, and apply legal reasoning to argue the liability of a party in civil law based on actual and/or hypothetical scenarios.
Unit 2 – Legal Studies
Sanctions, remedies and rights
Criminal law and civil law aim to protect the rights of individuals. When rights are infringed, a case or dispute may arise which needs to be determined or resolved, and sanctions or remedies may be imposed. This unit focuses on the enforcement of criminal law and civil law, the methods and institutions that may be used to determine a criminal case or resolve a civil dispute, and the purposes and types of sanctions and remedies and their effectiveness. Students undertake a detailed investigation of criminal cases and civil cases from the past to form a judgment about the ability of sanctions and remedies to achieve the principles of justice. Students develop their understanding of the way rights are protected in Australia and in another country, and possible reforms to the protection of rights.
Areas of study
- Sanctions
- Remedies
- Rights
There are three outcomes:
- Explain key concepts in the determination of a criminal case, and discuss the principles of justice in relation to the determination of criminal cases, sanctions and sentencing approaches.
- Explain key concepts in the resolution of a civil dispute, and discuss the principles of justice in relation to the resolution of civil disputes and remedies.
- Evaluate the ways in which rights are protected in Australia, compare this approach with that adopted by another country and discuss the impact of an Australian case on the rights of individuals and the legal system.
Unit 3 – Legal Studies
Rights and justice
The Victorian justice system, which includes the criminal and civil justice systems, aims to protect the rights of individuals and uphold the principles of justice: fairness, equality and access. In this unit students examine the methods and institutions in the justice system and consider their appropriateness in determining criminal cases and resolving civil disputes. Students explore the rights available to an accused and to victims, the roles of the judge, jury, legal practitioners and the parties, and the ability of sanctions and remedies to achieve their purposes. They discuss recent reforms from the past four years and recommended reforms to enhance the ability of the justice system to achieve the principles of justice.
Areas of study
- The Victorian criminal justice system
- The Victorian civil justice system
There are two outcomes:
- Explain the rights of the accused and of victims in the criminal justice system, discuss the means used to determine criminal cases and evaluate the ability of the criminal justice system to achieve the principles of justice.
- Analyse the factors to consider when initiating a civil claim, discuss the institutions and methods used to resolve civil disputes and evaluate the ability of the civil justice system to achieve the principles of justice.
Unit 4 – Legal Studies
The people and the law
The study of Australia’s laws and legal system involves an understanding of institutions that make and reform our laws, and the relationship between the Australian people, the Australian Constitution and law-making bodies. In this unit, students explore how the Australian Constitution establishes the law-making powers of the Commonwealth and state parliaments, and protects the Australian people through structures that act as a check on parliament in law-making. Students develop an understanding of the significance of the High Court in protecting and interpreting the Australian Constitution. They investigate parliament and the courts, and the relationship between the two in law-making, and consider the roles of the individual, the media and law reform bodies in influencing law reform.
Areas of study
- The people and the Australian Constitution
- The people, the parliament and the courts
There are two outcomes:
- Discuss the significance of High Court cases involving the interpretation of the Australian Constitution and evaluate the ways in which the Australian Constitution acts as a check on parliament in law-making.
- Discuss the factors that affect the ability of parliament and courts to make law, evaluate the ability of these law-makers to respond to the need for law reform, and analyse how individuals, the media and law reform bodies can influence a change in the law.
