This study is about the way the law relates to and serves both individuals and the community. It examines the processes of law-making, dispute resolution and the administration of justice in Australia. Students develop an understanding of the impact of the legal system on the lives of citizens, and the implications of legal decisions and outcomes on Australian society. The study provides students with an appreciation of how individuals can be involved in decision-making within the legal system, encouraging civic engagement and helping them to become more informed and active citizens.
Unit 1: Guilt and Liability
Criminal law and civil law aims 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 legal foundations, such as the different types and sources of law and the existence of a court hierarchy in Victoria.
Unit 2: 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. Students undertake a detailed investigation of two criminal cases and two civil cases from the past four years.
Unit 3: 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. Students examine the methods and institutions in the justice system and consider their appropriateness in determining criminal cases and resolving civil disputes. Students consider the Magistrates’ Court, County Court and Supreme Court within the Victorian court hierarchy, as well as other Victorian legal institutions and bodies available to assist with cases. Students explore matters such as 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.
Unit 4: 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.
Entry: There are no prerequisites for entry to Units 1, 2 and 3. Students must undertake Units 3 & 4 as a sequence within one calendar year. Students who enter the study at Unit 3 must undertake preparatory work related to Unit 2.
Assessment
Satisfactory Completion: Demonstrated achievement of the set of outcomes specified for each unit.
Levels of Achievement
Unit 1 and 2: A range of school based assessment tasks, including end of unit exams
Units 3 and 4: Percentage contributions to the study score in VCE Legal Studies are as follows:
• Unit 3 School-assessed Coursework: 25 per cent
• Unit 4 School-assessed Coursework: 25 per cent
• End-of-year examination: 50 per cent