Year 12 LEGAL Studies ORIENTATION.

Slides:



Advertisements
Similar presentations
Civil Law and Criminal Law. By John Johnston AIIRSM Health and Safety for Beginners - HSfB.
Advertisements

AREA OF STUDY ONE: PARLIAMENT AND THE CITIZEN Legal Studies Unit 3.
Chapter 1: Law in Society
D ISPUTE R ESOLUTION - A COMPARISON. The legal system presents individuals with a range of ways in which they can resolve disputes. Taking a case to court.
The Supreme Court. Supreme Court The Supreme Court is the highest Victorian Court. The Supreme Court is presided over by a judge referred to as ‘Justice’.
Chapter Two LAW and CRIME
Intro to the courts & Magistrates’ Court Jurisdiction
The hierarchy of courts
Legal Studies Exam Preparation Guide Prepared By Peter Cavouras.
Victorian Court Hierarchy
County & Supreme Courts Jurisdiction
Chapter 7.1 – An introduction to civil law
DISPUTE RESOLUTION METHODS
Dispute Resolution Methods
High Court & Family Court
+ The Nature of Crime. + Goals By the end of this chapter you will be able to: Describe the elements that must exist for a person to be charged with and.
Unit 1 Classifying the Law. PP#2 Mr. Andrez
Chapter 3 Criminal trial process. In this chapter, you will study the process of a criminal trial. You will look at the criminal jurisdiction of NSW courts,
Civil Law in Action Wednesday 17 August Court hierarchy Review: What are the advantages of having a court hierarchy?
Some Key Terms and Notions. Civil Law v Common Law Civil Law v Common Law (Rome) (England) (Rome) (England) Common law v Statutory law Common law v Statutory.
 To identify and define key pre-trial procedures and their purpose  To identify and define key sanctions and their purpose.
Copyright © 2005 Pearson Education Canada Inc. Business Law in Canada, 7/e, Chapter 2 Business Law in Canada, 7/e Chapter 2 The Resolution of Disputes.
LEGAL STUDIES Unit 4 AOS2 Overview U4.AOS2. Unit 4 Area of Study 2 Unit 4 Area of Study 2 Court processes and procedures, and engaging in justice 1. Elements.
Difference between criminal and civil law Learning Objectives Describe the difference between criminal and civil law and identify key features Explain.
What is law? A body of rules, imposed and enforced, among the members of a given state.
Unit 3 Criminal Law Chapter 4.
+ High Court & Family Court The Federal Courts. + Federal Courts The Federal courts include; - High Court - Federal Court - Family Court - Federal Magistrates’
Dispute Resolution…. AGENDA February 25, 2013 Today’s topics  Taking care of each other  Legal Methods for Resolving Disputes  Organization of the.
Unit 3 Legal Studies Law Making AOS 1 – Parliament and the Citizen.
What is the Law? Courts Service Pilot: Lesson 4. Learning Outcomes O To be able to work with your partner to formulate a definition of the law. O To understand.
Differences Between Criminal Cases and Civil Disputes
Principles of criminal liability Chapter 2.1
VCE Legal Studies: Evaluating the role of the court as a law-maker
What is a crime? Criminal law 1. What are we going to learn about? In this part you will learn about: the principles of criminal liability, crimes and.
Unit 5 Civil Law Tort and Dispute Resolution. Civil Law - Introduction Civil law = private law Only important to those parties involved Main purpose –
Georgia’s. SS8CG4 – The student will analyze the role of the judicial branch in GA state government. SS8CG6 – The student will explain how the Georgia.
Introduction to AS Law Learning Objectives Understand the structure & expectations of the course Know the different categories of Law TIF: Make links between.
Types of Law. Sources of Law Constitution (Constitutional Law) –Legal framework outlining the operation of the government Statute Law –Law created by.
Underlying principles of criminal liability
Kissing in public is not a crime in Australia, however in Middle Eastern Countries such as Saudi Arabia, kissing someone of the opposite sex in public.
Unit 4 Civil Law Torts and Dispute Resolution. Civil Law - Introduction Civil law = Private law Only important to those parties involved – state not involved.
Legal Studies!!. Legal System Legal system is a system that ensures laws are made and abided by We need a legal system to: – Ensure social cohesion and.
11/6/07 BR- Can you explain how OJ Simpson was found innocent of the murder of his wife but lost a $50 million dollar lawsuit suit to her parents? Today:
3 Division of Law 1. I. Division of Law private law X public law relationship between individuals X relationship between an individual and the state.
What is Law and why do we need it? What is the difference between Civil and Criminal Law? What is the Standard of Proof?
Legal Aspects DEFINITIONS –Statutory law –Common (case) law –Public law and Private law –Criminal law and Civil law.
OBJECTIVES To describe the main aims of criminal law To describe the main aims of civil law To identify and discuss the main differences between the two.
Year 12 Subject Selection – VCE Legal Studies.
Victorian Court Hierarchy
This week… How can I make successful notes for revision?
CHAPTER 2 LEGAL INSTITUTIONS
Types and Sources of Laws
A-level Law Induction.
Year 10/11 Subject Selection – VCE Legal Studies.
Unit 1 Legal studies Revision notes for aos 1.
Unit 3 Branches of Law.
State governance and admiNistration of justice
Year 10/11 Subject Selection – VCE Legal Studies.
Rules and Laws An introduction.
Criminal Law.
Alternative Dispute Resolution
Please complete the AS Law Student Questionnaire
Criminal Law and Justice
Key concepts in the Victorian Criminal Justice System
The Judicial System I. There are 2 separate court systems in the U.S.
Chapter 15 Law in America.
CLU3M Intro.
The Judicial System I. There are 2 separate court systems in the U.S.
The Canadian Legal System
Theory: The Nature of Law
Presentation transcript:

Year 12 LEGAL Studies ORIENTATION

TIMELINE UNIT 3= LAW MAKING UNIT 3 – LAW MAKING: This unit explores: Law and Society- e.g. rules vs. laws, types of laws, need for laws. Australian Parliamentary system- separation of powers, Victorian and Commonwealth Parliament. Changing the law- formal and informal pressures, need to change the law. Law Making Process- Bill. Constitution- Referendum, human rights, role of High Court. The role of the Courts in law- making- Doctrine of Precedent, Statutory interpretation. Will all be completed by Mid Year Exams.

Unit Outline UNIT 4 UNIT 4 Dispute Resolution: This unit explores: Dispute Resolution- Court Hierarchy, Tribunals (VCAT), ADR’s Effectiveness of the Legal System- What is an effective legal system? Adversary System- Elements, strengths and weaknesses, Inquisitorial system, comparative analysis. Criminal Procedure- Pre trial procedures, Indictable and summary offences, Criminal Trial, Sanctions. Civil Procedure- Civil hearings, mediation and arbitration, civil remedies The Jury System- Jury trial, effectiveness, weakness, reforms to the jury system. Unit 2 will be completed by end of term 3. Term 4 is REVISION TIME 

Assessment Assessment: Outcome 1 Unit 3– On completion of this unit you should be able to describe the role and effectiveness of Parliament as a law making body. Key Knowledge includes; The principles of the Australian Parliamentary system, representative government, responsible government, separation of power, structure of State and Commonwealth Parliament and roles played by the Crown and House of Reps. Legislative process- bill Reasons why laws need to be changed Role of a formal law reform body. Divided into 3 exercises worth 10 marks each- 30 marks all together.

Assessment Assessment: Outcome 2 Unit 3 – On completion of this unit the student should be able to explain the role of the Commonwealth Constitution. This knowledge includes • Division of power between the State and Commonwealth Parliament. Referendum Significance of High Court cases Democratic and Human rights by the Commonwealth Constitution A comparative approach adopted for the constitutional protection of democratic and human rights in one of the following countries; UK, USA, Canada, NZ or South Africa Test worth 40 marks. .

Assessment Assessment: Outcome 3 Unit 3 – On completion of this unit the student should be able to describe the role and evaluate the effectiveness of courts in law making. Operation of the Doctrine of Precedent Statutory Interpretation Strengths and Weaknesses of law making through courts Relationship between the courts and Parliament in law-,making Structured Questions worth 30 marks.

Assessment Assessment: Outcome 1 Unit 4 – On completion of this unit the student should be able to describe and evaluate the effectiveness of institutions. This knowledge includes • Reasons fort the existence of the court Hierarchy Functions and original and appellate jurisdiction of Magistrates court, county court, supreme court, High Court, Children's Court, Coroners Court and Family Court. Alternative methods of dispute resolution; negotiation, mediation, conciliation and arbitration. Reasons for the existence of tribunals Jurisdiction of VCAT Strengths an weaknesses of the operation of the courts, trubunals and alternative methose of dispute resolution. Structured Questions worth 40 marks

Assessment Assessment: Outcome 2 Unit 4 – Explain the elements of an effective Legal System This knowledge includes Elements of an effective legal system Criminal pre trial procedures Criminal trial procedures Civil trial procedures Strengths and weaknesses of the adversary system of trial Features of the inquisitorial systme of trial Improvements to the adversary trial Operation of the jury system Adv and dis adv of the jury system Reforms and alternatives to the jury system Problems gaining access to the law Recent changes in the operations of the legal system Recommendations for further change in the operation of the legal system. Test divided into 2 worth 30 marks each.

Equipment you need Legal Studies text book- up to date edition Folder Plastic pockets Dividers Lined paper NO WRITING BOOKS FOR LEGAL ORGANISATION is the KEY

The nature of legal and non-legal rules Laws are rules by which those in society live. Rules can be non-legal rules, such as those which apply in the local netball or cricket club, or they can be legal rules these are called laws. Non-legal rules provide us with guidelines of what is acceptable behaviour at home, at school, on the sporting field, and in other situations where the relevant rules are made by private individuals. Legal rules, or laws, are applicable to the community as a whole. They are made by law-making bodies and are enforceable through the courts.

Why laws are needed State three reasons why you believe laws are needed. 1) 2) 3)

Why laws are needed...  The main aim of laws is to protect individuals from harm and to ensure that the rights of individuals are preserved. Without laws, people would not feel safe to walk down the street. The existence of these laws deters most people from committing crimes. When people live together, laws will be broken and disputes will arise as each person competes for a share of the same space and resources. Laws need to reflect the values and attitudes of the majority in the community, and need to change as values and attitudes change.

Why laws are needed...  Provide social cohesion and reflect values of the majority. 2) Provide a code of acceptable behaviour. 3) Protect individual rights. 4) Provide mechanisms for resolving disputes. 5) Change to meet changing values and needs.

Criminal Law Criminal law deals with acts or omissions which are harmful to individuals and society and punishable through the courts. The aims of criminal law are to protect society, to deter people from breaking the law and to punish offenders. One example of this is the offence of murder. In order to successfully prove a criminal offence, the prosecution usually needs to prove that the defendant committed the act (actus reus) and, at the appropriate time, also had the requisite intention to commit the act (mens rea). The prosecution bears the burden (onus) of proving the case against the defendant beyond reasonable doubt. The result of a successful criminal prosecution will be a finding of guilt and the imposition of an appropriate punishment (sanction). There is a wide range of sentencing options, including fines, community-based orders and imprisonment.

Civil Law Civil law is an area of law which regulates and protects disputes between individuals and seeks to enforce rights where some harm has been done, to an individual or a company. The aim of civil law is to place the wronged person back to the position he or she was in before the wrong occurred. Usually done by compensation. An action in negligence is a classic example of an area of civil law. The purpose of a civil action is to restore the aggrieved party (the plaintiff) to his or her original position as far as possible. The plaintiff bears the burden of proving his case against the defendant on the balance of probabilities. Rather than punishment, civil law is about finding which party was liable and awarding a remedy. There is a range of remedies which can be awarded in a successful civil claim, the most usual of which is compensation or damages.

Differences in Criminal and Civil Law State the different terms that are used in Criminal and Civil law. What are the main differences in Criminal and Civil Disputes?

Legal Studies is all a memory game – use these tips to help you remember the content of Legal. Visualisation: Link the information you want to remember to visual images. Link things such as formulae, people’s names, place names and other information to pictures, colours etc. The more unusual you make the image, the easier it is to remember. For example, this may be how you remember a man whose name is Kloundeski:

Visual Study Aids Use mind maps, diagrams and models to help your revision. Acronyms eg ROY G. BIV for the colours of the spectrum. eg. DB Champs Use this acronym to list the capital cities of the Australian states Poems/Rhymes eg “Thirty days hath September…” Sound Tape your notes and listen to them before you go to sleep. Repetition Repeat things … in your mind, on paper, in speech.  

Homework 