Scotch College

VCE: Legal Studies

Rationale

This study is about the way the law serves and relates to both individuals and the community. It focuses on developing an understanding of the way in which law is generated, structured and operates in Australia.

Structure

Unit 1: Criminal Law in Action

Following an overview of the law in general, this unit focuses on criminal law. They investigate the key features of criminal law, how it is enforced and adjudicated and possible outcomes and impacts of crime. Through a consideration of contemporary cases and issues, students learn about different types of crimes and explore rights and responsibilities under criminal law. Students also consider the role of parliament and subordinate authorities in law-making, as well as the impact of the Victorian Charter of Rights and Responsibilities on law enforcement and adjudication in Victoria. Students investigate the processes and procedures followed by courts in hearing and resolving criminal cases. They explore the main features and operations of criminal courts and consider the effectiveness of the criminal justice system in achieving justice.

Unit 2: Issues in Civil Law

Students examine the rights that are protected by civil law, as well as obligations that laws impose. They investigate types of civil laws and related cases and issues and develop an appreciation of the role civil law in society. The unit also focuses on the resolution of civil disputes through judicial determination and alternative methods in courts, tribunals and independent bodies.

Unit 3: Law-Making

In this Unit students develop an understanding of the institutions that determine our laws, and their law-making powers and processes. Students develop an appreciation of the complex nature of law-making by investigating the key features and operation of parliament. Central to the investigation of law-making is the role played by the Commonwealth Constitution. Students learn of the importance of the role played by the High Court of Australia in interpreting and enforcing the Constitution, and ensuring that parliaments do not act outside their areas of power nor infringe protected rights. Students investigate the nature and importance of courts as law-makers and undertake an evaluation of their effectiveness as law-making bodies. They also investigate the relationships that exist between parliaments and courts.

Unit 4: Resolution and Justice

Students examine the institutions that adjudicate criminal cases and civil disputes. They also investigate methods of dispute resolution that can be used as an alternative to civil litigation. Students investigate the processes and procedures followed in courtrooms and develop an understanding of the adversary system of trial and the jury system, as well as pre-trial and post-trial procedures that operate in the Victorian Legal system. Using the elements of an effective legal system, students consider the extent to which court processes and procedures contribute to the effective operation of the legal system. They also consider reforms or changes that could further improve its effective operation.

Assessment

Units 1 and 2: Criminal Law (Examination)

Making the Law (Test)

Implementation of the Law (Test)

Unit 3: School Assessed Coursework 25 per cent

Unit 4: School Assessed Coursework 25 per cent

Units 3 and 4: Examination 50 per cent