Study Design Legal

AOS 1: Parliament and its CitizenKey knowledge This knowledge includes: • principles of the Australian parliamentary system: representative government, responsible government, and the separation of powers • the structure of the Victorian Parliament and the Commonwealth Parliament and the roles played by the Crown and the Houses of Parliament in law-making • the reasons why laws may need to change • the role of the Victorian Law Reform Commission • the means by which individuals and groups influence legislative change, including petitions,demonstrations and use of the media • the legislative process for the progress of a bill through parliament • strengths and weaknesses of parliament as a law-making body. Key skills These skills include the ability to: • define key legal terminology and use it appropriately • discuss, interpret and analyse legal information and data • explain the principles and structures of the Australian parliamentary system • use contemporary examples to explain the influences on legislative change • evaluate the effectiveness of methods used by individuals and groups to influence change in the law • critically evaluate the law-making processes of parliament.

AOS2: The Constitution and Protection of RightsKey knowledge This knowledge includes: • the division of law-making power between state and Commonwealth parliaments under the Commonwealth Constitution, including specific (concurrent and exclusive) and residual powers, and the impact of Section 109 • restrictions imposed by the Commonwealth Constitution on the law-making powers of the state and Commonwealth parliaments • the process of change by referendum under Section 128 of the Commonwealth Constitution and factors affecting its likely success • the way in which one successful referendum changed the division of law-making powers • the role of the High Court in interpreting the Commonwealth Constitution • the significance of two High Court cases involving the interpretation of the Commonwealth Constitution in terms of their impact on the law-making power of the state and Commonwealth parliaments • the capacity of the states to refer law-making power to the Commonwealth Parliament • the means by which the Commonwealth Constitution protects rights, including structural protection, express rights, and implied rights • the significance of one High Court case relating to the constitutional protection of rights in Australia • Australia’s constitutional approach to the protection of rights and the approach adopted in one of the following countries: Canada, New Zealand, South Africa, or the United States of America. Key skills These skills include the ability to: • define key legal terminology and use it appropriately • discuss, interpret and analyse legal information and data • apply legal principles to relevant cases and issues • explain the role of the Commonwealth Constitution with respect to law-making powers and the protection of rights • identify the types of law-making powers • explain the methods and processes of changing constitutional power • analyse the impact of referendums, High Court interpretation of the Constitution, and the referral of powers on the division of law-making powers • evaluate the means by which rights of Australians are protected by the Commonwealth Constitution, and the extent of this protection • compare the approach used to protect rights in a selected country with the approach used in Australia.

AOS3: Role of the Courts in Law-MakingKey knowledge This knowledge includes: • the ability of judges and courts to make law • the operation of the doctrine of precedent • reasons for interpretation of statutes by judges • effects of statutory interpretation by judges • strengths and weaknesses of law-making through the courts • the relationship between courts and parliament in law-making. Key skills These skills include the ability to: • define key legal terminology and use it appropriately • discuss, interpret and analyse legal information • apply legal principles to relevant cases and issues • describe the nature, importance and operation of courts as law-makers • analyse the impact of courts in law-making • critically evaluate the law-making processes of courts • discuss the relationships between law-making bodies.

AOS1: Dispute Resolution MethodsKey knowledge This knowledge includes: • the reasons for a court hierarchy • original and appellate jurisdictions of the Victorian Magistrates’ Court, County Court, and Supreme Court (Trial Division and Court of Appeal) • the role of VCAT • dispute resolution methods used by courts and VCAT, including mediation, conciliation, arbitration and judicial determination • strengths and weaknesses of dispute resolution methods used by courts and VCAT • strengths and weaknesses of the way courts and VCAT operate to resolve disputes. Key skills These skills include the ability to: • define key legal terminology and use it appropriately • discuss, interpret and analyse legal information • justify the existence of a court hierarchy in Victoria • describe the jurisdiction of specific courts within the Victorian court hierarchy • compare and evaluate the strengths and weaknesses of dispute resolution methods and the way courts and VCAT operate to resolve disputes

Key knowledge This knowledge includes: • the elements of an effective legal system: entitlement to a fair and unbiased hearing, effective access to the legal system and timely resolution of disputes

AOS2: Court Processes and Procedures and Engaging in JusticeKey knowledge This knowledge includes: • the elements of an effective legal system: entitlement to a fair and unbiased hearing, effective access to the legal system and timely resolution of disputes• major features of the adversary system of trial, including the role of the parties, the role of the judge, the need for the rules of evidence and procedure, standard and burden of proof and the need for legal representation strengths and weaknesses of the adversary system of trial• major features of the inquisitorial system of trial• possible reforms to the adversary system of trial• criminal pre-trial procedures and their purposes, including bail and remand and committal hearings• general purposes of criminal sanctions• an overview of three types of sanctions and their specific purpose• Supreme Court civil pre-trial procedures, including pleadings, discovery and directions hearings, and the purposes of these procedures• the purpose of civil remedies • types of civil remedies, including damages and injunctions• the role of juries, and factors that influence their composition• strengths and weaknesses of the jury system• reforms and alternatives to the jury system• problems and difficulties faced by individuals in using the legal system•recent changes and recommendations for change in the legal system designed to enhance its effective operation. Key skills These skills include the ability to: • define key legal terminology and use it appropriately • discuss, interpret and analyse legal information • apply legal principles to relevant cases and issues • critically evaluate the adversary system of trial • compare the operation and features of the adversary system with the inquisitorial system • describe the pre-trial procedures for the resolution of criminal cases and civil disputes, and compare their relative purposes • discuss the ability of criminal sanctions and civil remedies to achieve their purposes • critically evaluate the effectiveness of juries • suggest and discuss reforms and alternatives to the adversary system and the jury system • evaluate the extent to which court processes and procedures contribute to an effective legal system.

AOS1: Parliament and its Citizen

AOS2: The Constitution and Protection of Rights

AOS3: Role of the Courts in Law-Making

AOS1: Dispute Resolution Methods

AOS2: Court Processes and Procedures and Engaging in Justice