Syllabus

 Culture, values and ethics Legal processes and institutions Conflict and cooperation Effectiveness of the legal system || (120 indicative hours) (40% of course time) Topics: 1. Basic legal notions 2. Sources of law: 2.1 Aboriginal and Torres Strait Islander customary law 2.2 Contemporary Australian law 2.3 International law 3. The constitutional system in Australia 4. The operation of the legal system
 * LEGAL STUDIES SYLLABUS**
 * Course Structure **
 * ===== Themes ===== ||
 * Justice, law and society Continuity and change
 * ** Preliminary course **
 * Part I – The Legal System **

(20% of course time) Topics: 5. Power and authority 6. Legal controls on State power 7. Duties 8. Rights
 * Part II – The Individual and the State **

(40% of course time) Application of Part III as the dynamic context for the study of Parts I and II in the following common areas: • Status under the law • Mechanisms for achieving justice • Responsiveness of the legal system to **TWO** focus groups chosen from: 1. Aboriginal and Torres Strait Islander peoples 2. People who have a mental illness or intellectual or physical disability 3. Migrants 4. People who are socioeconomically disadvantaged 5. Women 6. Members of other groups covered by human rights legislation, including anti-discrimination legislation || ** HSC course ** (120 indicative hours) (25% of course time) Topics: 1. Law and justice 2. Human rights Study of the operation of the legal system through the application of the following common areas: • Key legal concepts and features of the legal system • Legal issues and remedies • Morality, ethics and commitment to the law • Effectiveness of the law • Law reform (25% of course time) Application of the focus studies framework to Crime (50% of course time) Application of the focus studies framework to 1. Consumers 2. Family 3. Global environment 4. Indigenous peoples 5. Shelter 6. Technological change 7. Workplace 8. World order ||
 * Part III – The Law in Focus **
 * Part I – Law and Society **
 * Parts II and III – Focus Studies Framework **
 * Part II – Focus Study: Crime **
 * Part III – Additional Focus Studies **
 * TWO ** focus studies chosen from:

Themes
The six themes that are incorporated across topic areas and reflected in the outcomes of the Preliminary and HSC courses are: • the interrelationship between the concepts of justice, law and society • the evolution of legal rules and institutions • the importance of precedent in establishing rules • the effects of social, political, economic and ideological factors and of community attitudes • the means and processes by which the law changes • the extent to which law reflects the culture and values of different societies and groups within society • the importance of ethics in the functioning of society • how laws are made • the nature of legal institutions such as parliaments, courts, the United Nations • the adjudication and settlement of disputes and enforcement of legal rules • the nature and extent of conflict in society • the place of law in resolving conflict and encouraging cooperation Effectiveness within the legal system has a number of meanings. They include: • the extent to which an issue can be dealt with by the law • if an issue is dealt with by the law, how well it is dealt with in terms of ease of access, simplicity, consistency, predictability and delivery of just outcomes • the capacity of a law to stop or change human behaviour. Outcomes should inform teaching, learning and assessment processes.
 * Justice, law and society **
 * Continuity and change **
 * Culture, values and ethics **
 * Legal process and institutions **
 * Conflict and cooperation **
 * Effectiveness of the legal system **
 * 7 Objectives and Outcomes **
 * 7.1 **** Table of Objectives and Outcomes **
 * **Objectives ** || **Preliminary Course Outcomes ** || =====HSC Course =====

=
Outcomes ===== ||
 * A student develops knowledge and understanding about: **
 * A student develops knowledge and understanding about: **

1. the general nature, functions, systems, processes and institutions of domestic and international law ||
 * A student: **

P1.1 identifies legal concepts and terminology and applies them to appropriate legal contexts P1.2 describes how the legal system operates in Australia P1.3 describes the major international legal processes and institutions ||
 * A student: **

H1.1 applies domestic and international legal vocabulary in appropriate contexts H1.2 assesses the role of Australian and major international legal institutions || P2.1 states the origins and sources of Australian and international law P2.2 describes the key features of customary law, statutory law, common law and international law
 * 2. the operation and dimensions of the Australian and international legal systems and the importance of the rule of law ||

P2.3 explains the effectiveness of the legal system in addressing issues || H2.1 explains the origins and sources of Australian and international law H2.2 compares similarities and contrasts differences in relation to customary law, statutory law, common law and international law H2.3 evaluates the effectiveness of domestic law in responding to global challenges || P3.1 describes the interrelationship between law, justice and society and the changing nature of law P3.2 explains the extent to which law reflects the cultures and values of different groups within society P3.3 explains the impact of continuity and change in the legal system
 * 3. how changes in societies influence change and reform in the law ||

P3.4 uses legislation, cases, media reports and opinions to review arguments for change and reform in the law || H3.1 analyses the interrelationship between law, justice and society and the changing nature of law H3.2 assesses how cultures and values of different groups within society impact on the legal system

H3.3 evaluates the effectiveness of the processes and mechanisms of change in the legal system H3.4 analyses legislation, cases, media reports and opinions to review arguments for change and reform in the law || P4.1 discusses the specific problems encountered in gaining access to the legal system P4.2 investigates and assesses the formal and informal means of resolving conflict P4.3 describes the role of legal rights and responsibilities in resolving conflict and encouraging cooperation || H4.1 analyses specific problems encountered in gaining access to the legal system
 * 4. access to and participation in the legal system and methods of dispute resolution ||

H4.2 assesses the effectiveness of dispute resolution mechanisms H4.3 explains rights and responsibilities and evaluates the provisions of domestic and international legal systems in addressing these issues ||
 * A student develops skills in: **
 * A student develops skills in: **

5. investigating, analysing, synthesising and communicating legal information and issues. || P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings of investigations to a particular audience P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose, procedure and subject matter P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues P5.5 negotiates individually or in groups to allocate tasks, establish roles, procedures and evaluation strategies to achieve appropriate goals in set timelines. || H5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias H5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings of investigations
 * A student: **
 * A student: **

H5. 3 communicates through well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues using appropriate written and oral forms

H5.4 uses planning and review strategies to manage effectively the competing demands of complex tasks and makes effective use of time and resources. ||
 * 8 Content: Legal Studies Preliminary Course **
 * 8.1 P **** art I – T he L egal S ystem **

In this part of the course, students learn to understand the nature and social functions of law and examine law-making processes and the institutions that administer and enforce the law in modern society. Note: the material in Part I is to be taught in conjunction with Part II and the focus groups in Part III
 * Percentage of Course Time ** 40%
 * ||  ||
 * ||  ||

Topic 1 – Basic Legal Notions
Students learn about basic legal terms and concepts and understand the relationship between the concepts.
 * Principal Focus **

Outcomes
A student: P1.1 identifies legal concepts and terminology and applies them to appropriate legal contexts P3.1 describes the interrelationship between law, justice and society and the changing nature of law P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings of investigations to a particular audience P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose, procedure and subject matter P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues.

Content
Students learn about: // Basic Legal Notions // • anarchy, custom, rules, law, fairness, equality and justice, values and ethics • relationship between rules, laws and custom.

Key Questions/Issues
• What is meant by each of these legal notions and what is the relationship between them? • Is law necessary? • Do different people have different perceptions of law and law-making?

Topic 2 – Sources of Law
Students learn about the development of the Australian and international legal systems and examine the different sources of law and law-making processes.
 * Principal Focus **

Outcomes
A student: P1.2 describes how the legal system operates in Australia P1.3 describes the major international legal processes and institutions P2.1 states the origins and sources of Australian and international law P2.2 describes similarities and differences in relation to customary law, statutory law, common law and international law P2.3 explains the effectiveness of the legal system in addressing issues P3.1 describes the interrelationship between law, justice and society and the changing nature of law P3.2 explains the extent to which law reflects the cultures and values of different groups within society P3.3 explains the impact of continuity and change in the legal system P3.4 uses legislation, cases, media reports and opinions to review arguments for change and reform in the law P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose, procedure and subject matter P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues P5.5 negotiates individually or in groups to allocate tasks, establish roles, procedures and evaluation strategies to achieve appropriate goals in set timelines.

Content
Students learn about: // Aboriginal Customary Law and //// Torres Strait //// Islander Customary Law Prior to 1788 // • the spiritual nature of Aboriginal customary law and Torres Strait Islander customary law • diversity of Aboriginal laws and Torres Strait Islander laws • ritual and oral traditions within Aboriginal and Torres Strait Islander societies • conciliation and mediation within Aboriginal and Torres Strait Islander societies • enforcement and sanction within Aboriginal and Torres Strait Islander societies • the significance of land and bodies of water to Aboriginal and Torres Strait Islander societies // Sources of Contemporary Australian Law // • common law and the different uses of the term ‘common law’ • the system of precedent • statute law and delegated legislation • the constitution • criminal law and civil law // Sources and Framework of International Law // • origins and sources of international law: treaties, customs, legal decisions, legal writings • principal international organisations: United Nations (UN), International Court of Justice (ICJ). • What is the difference between common law and statute law? • What are the distinguishing features of Aboriginal and Torres Strait Islander law? • What is the relationship between government and the parliament? • What are the different roles of domestic and international law? • What are the essential features of criminal and civil law? • What is the relevance of Aboriginal and Torres Strait Islander law in the contemporary Australian legal system?
 * Key Issues/Questions **

Topic 3 – The Constitutional System in Australia
Students learn about the powers of governments and examine the role of the High Court and the division of power as laid down in the Australian constitution.
 * Principal Focus **

Outcomes
A student: P1.1 identifies legal concepts and terminology and applies them to appropriate legal contexts P1.2 describes how the legal system operates in Australia P3.1 describes the interrelationship between law, justice and society and the changing nature of law P3.2 explains the extent to which law reflects the cultures and values of different groups within society P3.3 explains the impact of continuity and change in the legal system P3.4 uses legislation, cases, media reports and opinions to review arguments for change and reform in the law P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose, procedure and subject matter P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues.

Content
Students learn about: // The Constitutional System in //// Australia // • constitutional division of power between the Commonwealth, the States and the Territories • the role of the High Court in constitutional interpretation, the system of judicial review and separation of powers • the gradual transfer of legislative power from the imperial government to the colonies, States and the Commonwealth.

Key Questions/Issues
• Is the division of power between the Commonwealth, States and Territories under the Australian constitution relevant to the 21st century? • What is the role of the High Court? • What is the significance of the following: the Statute of Westminster; abolition of appeals to the Privy Council and the Australia Acts? • Are there checks and balances under the Australian constitution? Are they important?

Topic 4 – The Operation of the Legal System
Students examine the function and operation of legal institutions and the personnel involved in legal processes and they learn about the application of the law in relation to native title from 1788 to the present.
 * Principal Focus **

Outcomes
A student: P1.1 identifies legal concepts and terminology and applies them to appropriate legal contexts P1.2 describes how the legal system operates in Australia P2.3 explains the effectiveness of the legal system in addressing issues P3.1 describes the interrelationship between law, justice and society and the changing nature of law P3.2 explains the extent to which law reflects the cultures and values of different groups within society P3.3 explains the impact of continuity and change in the legal system P3.4 uses legislation, cases, media reports and opinions to review arguments for change and reform in the law P4.1 discusses the specific problems encountered in gaining access to the legal system P4.2 investigates and assesses the formal and informal means of resolving conflict P4.3 describes the role of legal rights and responsibilities in resolving conflict and encouraging cooperation P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose procedure and subject matter P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues.

Content
Students learn about: // Operation of the Legal System // • structure of State and Federal courts • the adversary system and the legal profession • court procedures in civil and criminal proceedings • observation of civil and criminal cases in the local court • enforcement agencies: police, government departments, other authorities • legal aid • alternatives to the court system: administrative and other tribunals • alternative dispute resolution, self-help remedies, political processes, community justice centres // Operation of the Legal System in Relation to Native Title // • the doctrine of terra nullius in Australia • the growth of recognition of native title in some countries • the major High Court decisions on native title: Mabo (Mabo v Queensland (No.2) (1992) 175 CLR (1)) and Wik (The Wik Peoples v The State of Queensland and Ors; the Thayorre People v The State of Queensland and Ors (1996) 183 CLR1) • subsequent legal developments: common law, statutory law • native title as a collective right.

Key Questions/Issues
• How is the law enforced? • How are courts structured? Why? • How does the adversary system affect the court process? • Distinguish between civil and criminal court procedures. • Why have alternative dispute resolution mechanisms developed? • What is the role of legal aid? • How is the law as to native title enforced? • How is the Native Title Tribunal structured? Why? • How did the doctrine of terra nullius affect the status of indigenous peoples? • How do recent legal developments affect the significance of the 1992 HighCourt decision in Mabo and Wik?


 * 8.2 Part II – The Individual and the State **

In this part of the course, students learn to understand the role of law in national and international society in protecting the individual and the reciprocal obligations on individuals and governments to meet their own duties. Note: the material in Part II is to be taught in conjunction with Part I and the focus groups in Part III.
 * Percentage of Course Time ** 20%
 * ||  ||
 * ||  ||

Topic 5 – Power and Authority
Students understand and analyse different forms and sources of power, the abuse of power and the tensions in balancing the needs of the individual and the State.
 * Principal Focus **

Outcomes
A student: P1.1 identifies legal concepts and terminology and applies them to appropriate legal contexts P1.2 describes how the legal system operates in Australia P2.2 describes similarities and differences in relation to customary law, statutory law, common law and international law P3.1 describes the interrelationship between law, justice and society and the changing nature of law P3.2 explains the extent to which law reflects the cultures and values of different groups within society P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose procedure and subject matter P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues.

Content
Students learn about: // Power and Authority // • concepts of power – social, cultural, economic, political, legal • concepts of authority – customary, statutory, common law, delegated • relationship of the individual to power and authority.

Key Questions/Issues
• Who has power? How is power used? • When do the needs of the individual and the State conflict? • Should the needs of the State or the needs of individuals be given priority? When? Why?

Topic 6 – Legal Controls on State Power
Students understand the importance of restraining the power of the State and learn about the bodies that assist the individual in doing so.
 * Principal Focus **

Outcomes
A student: P4.1 discusses the specific problems encountered in gaining access to the legal system P4.2 investigates and assesses the formal and informal means of resolving conflict P4.3 describes the role of legal rights and responsibilities in resolving conflict and encouraging cooperation P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose procedure and subject matter P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues.

Content
Students learn about: // Legal Controls on State Power // • official duties and discretionary powers • parliamentary control of executive: ministerial responsibility, parliamentary committees • individuals’ rights to access information : common law and statutory rights • informal means of challenging State power through: the media, members of parliament, trade unions, interest groups, including non-government organisations (NGOs) • formal means of challenging power: internal and external review, including general merit review tribunals, privacy bodies, courts, Office of the Ombudsman, commissions of inquiry and the Independent Commission Against Corruption.

Key Questions/Issues
• Why do people need to know what decisions have been made about them and how can individuals get access to that information? • What are the relative strengths and weaknesses of the various formal and informal means of challenging State power? • How adequate are the powers of the courts in reviewing administrative actions? • How does the law impact on institutions?

** Topic 7 – Duties ** Students learn about domestic and international duties expected of both governments and individuals.
 * Principal Focus **

Outcomes
A student: P2.1 states the origins and sources of Australian and international law P2.2 describes similarities and differences in relation to customary law, statutory law, common law and international law P3.1 describes the interrelationship between law, justice and society and the changing nature of law P3.2 explains the extent to which law reflects the cultures and values of different groups within society P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose procedure and subject matter P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues.

Content
Students learn about: // Duties: domestic // • the different meanings of duties: legal (statutory and common law), social and cultural, moral, religious and ethical • the interrelationship of legal and other duties // Duties: international // • meanings of international duties and their evolving nature • restrictions on the use of force as an instrument of national policy in international relations • obligation on governments to practice tolerance and live together in peace with one another as good neighbours and to work for the promotion of the economic and social advancement of all peoples.

Key Questions/Issues
• What are the different types of duties within society? • What duties does a country have internationally? • What are the differences between domestic and international duties of government? • Illustrate the difference between legal and non-legal duties of an individual.

** Topic 8 – Rights ** Students understand the concepts of rights and the relationship between duties and rights.
 * Principal Focus **

Outcomes
A student: P2.1 states the origins and sources of Australian and international law P2.2 describes similarities and differences in relation to customary law, statutory law, common law and international law P3.1 describes the interrelationship between law, justice and society and the changing nature of law P3.2 explains the extent to which law reflects the cultures and values of different groups within society P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose procedure and subject matter P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues

Content
Students learn about: // Rights: domestic // • legal basis of rights • the distinction between moral, customary and legal rights • different types of legal rights – common law and statutory rights • self-determination // Rights: international // • international treaties and declarations of rights • the limitations of international law in protecting rights • self-determination

Key Questions/Issues
• What is the relationship between rights and duties? • What is the difference between moral, customary and legal rights? • What are the differences between domestic and international rights? In this part of the course, students learn to investigate and understand the nature of the struggle for legal justice by individuals belonging to particular groups.
 * 8.3 Part III – Law in Focus **

Application of Part III as the dynamic context for the study of Parts I and II using the following framework: Continuity and change || Conflict and cooperation || Justice, law and society || to **TWO** focus groups chosen from: 1. Aboriginal and Torres Strait Islander peoples 2. People who have a mental illness or intellectual or physical disability 3. Migrants 4. People who are socioeconomically disadvantaged 5. Women 6. Members of any other groups covered by human rights legislation, including anti-discrimination legislation.
 * Percentage of Course Time ** 40%
 * ** Areas ** || ** Themes ** ||
 * Status under the law || Culture, values and ethics
 * Mechanisms for achieving justice || Legal processes and institutions
 * Responsiveness of the legal system || Effectiveness of the legal system