Support Material for Legal Studies


Part I: The legal system 40% of course time

:)


Download 0.84 Mb.
Page2/14
Date conversion04.09.2017
Size0.84 Mb.
1   2   3   4   5   6   7   8   9   ...   14

Part I: The legal system 40% of course time


Principal focus: Students develop an understanding of the nature and functions of law through the examination of the law-making processes and institutions.
Outcomes

P1. identifies and applies legal concepts and terminology

P2. describes the key features of Australian and international law

P3. describes the operation of domestic and international legal systems

P6. explains the nature of the interrelationship between the legal system and society

P7. evaluates the effectiveness of the law in achieving justice


Themes and challenges to be incorporated throughout the topic

  • the need for law in the operation of society

  • the importance of the rule of law for society

  • the relationship between different legal institutions and jurisdictions

  • the development of law as a reflection of society

  • influences on the Australian legal system


Assessment task: Law reform webquest.


Students learn about:

Students learn to:

Suggested teaching and learning strategies

Themes and challenges

1. Basic legal concepts




Note: students are encouraged to read newspapers, collect articles for a media file and watch local and international news programs to assist with their understanding of legal studies. A school library visit should be organised in the first couple of weeks so that students are familiar with journals such as Hot Topics and Legal Briefs and other resources, including online ones such as the NSW State Library’s Legal Information Access Centre (LIAC). Hot Topics is a plain language series about recent changes and current debates in the law. www.legalanswers.sl.nsw.gov.au/students_teachers/





  • meaning of law




  • define law




Define law.

Brainstorm: Is law necessary for society to operate effectively?

Discuss examples of societies where law has broken down. Do they have characteristics in common?



  • the need for law in the operation of society




  • customs, rules and law




  • distinguish between customs, rules, laws, values and ethics

Define customs.

Define rules.



Discussion: Where do rules and laws come from and why does society follow them? Use specific examples, eg sport/school rules, to compare and contrast concepts.

Activity: Use media articles to illustrate breach of custom, rules and law.

  • influences on the Australian legal system

  • values and ethics







Define values, using examples.

Discussion: What do students value as important and how does this influence behaviour? Discuss common values of society. Define ethics, using examples.




  • characteristics of just laws




  • describe the characteristics of just laws

Activity: Brainstorm characteristics of a just law. Examine a hypothetical law (eg a curfew of 8 pm for all under-18s). Students outline why it would not be a ‘just’ law.


  • the development of law as a reflection of society



  • equality

  • describe the nature of justice

Define equality.

Discuss discrimination, eg racial, gender, age. Use a variety of cases, examples or other relevant legislation to illustrate discrimination.



  • influences on the Australian legal system






Role-play activity: In pairs, students prepare and perform an example of direct or indirect discrimination, showing an understanding of each. Allow only one minute for each demonstration. Construct a table of examples.




  • fairness







Define fairness.

Present examples to the class that demonstrate where the same outcome (eg punishment) may not be fair, eg for self-defence and intentional murder; when the offender is very young (doli incompax). Discuss the subjective nature of fairness.


Webquest: Corey Davis case study, R v LMW (unreported, Supreme Court of NSW, Studdert J, December 1999). Complete a brief overview of the case. In small groups students devise a fair and just outcome for:

  • the offender

  • the victim’s family

  • society.



  • the development of law as a reflection of society


  • access







Define access.

Discuss the importance of access to the law and limitations to access. Examine the role of legal aid and other remedies to improve access such as translators, self-help and education guides.

Students investigate the range of services available on the LIAC (Legal Information Access Centre) – NSW State Library website. www.legalanswers.sl.nsw.gov.au/students_teachers
Quick quiz: Students match definitions and terms to review learning and understanding.




  • procedural fairness (principles of natural justice)



  • define and investigate procedural fairness and the rule of law

Define procedural fairness.

Discuss procedural fairness in some situations, eg in school; going for a job; in a court.


Case law: David Hicks (this could be integrated with Part III).

  • the importance of the rule of law for society







Written activity: ‘Using examples, discuss the importance of procedural fairness and its relationship to justice’. Teacher to model a scaffold and students to complete an extended response.




  • rule of law






Define rule of law including its characteristics.

Study recent examples of the breakdown of the rule of law (eg New Orleans after Hurricane Katrina).


Written response: Using examples, explain why the rule of law is important for society.


  • the importance of the rule of law for society




  • anarchy



  • define anarchy and tyranny

Define anarchy. Discuss the historical background of anarchy and outline recent examples.

  • the need for law in the operation of society

  • tyranny






Define tyranny. Discuss recent examples (eg Zimbabwe and the absence of free elections).










Topic quiz in class – multiple-choice and/or true–false questions to assess students’ ability to identify and apply legal terms and concepts.




2. Sources of contemporary Australian law










common law

  • British origins, including:

  • development of common law

  • equity, precedent

  • adversarial system of trial

  • outline the origin of common law



Define common law.

Brief historical overview of the origins of common law.

Define precedent and how it operates.


Discussion: Why is precedent so important for achieving justice?

Define adversarial system.



  • influences on the Australian legal system

  • court hierarchy:

  • jurisdiction of state and federal courts

  • examine the hierarchy and jurisdiction of state and federal courts

Using websites such as www.lawlink.nsw.gov.au and www.fedcourt.gov.au/students/videos.html, label a diagram of court hierarchy and outline the jurisdiction of NSW and federal courts.
Activity: Students view the DVD So Help Me God, and an episode of A Case for the Coroner to view the workings and jurisdiction of real courts.

Brainstorm/mind map: Why do we have a court hierarchy?

  • the relationship between different legal institutions and jurisdictions







Resources: www.lawlink.nsw.gov.au

www.schools.nsw.edu.au/nswconstitution/html/5th/bgr/overview.html

www.nswbar.asn.au/docs/resources/publications/court_structure2.pdf

Hot Topics, No. 60, The Australian Legal System, 2007.

Hot Topics, No. 71, Courts, 2009.

The Law Handbook, Redfern Legal Centre Publishing.

A Case for the Coroner, ABC series/DVD.

So Help Me God, ABC DVD.











Activity: Students collect articles showing the types of cases heard in different courts, from newspapers and/or the internet and provide a brief outline of the cases. Create posters of the different courts and cases.

A court visit is optional but recommended.

www.legalanswers.sl.nsw.gov.au/students_teachers/prelim_basic.cfm




statute law

  • role and structure of parliament

  • outline the role and structure of parliament and the legislative process

Define statute law.

Pre-test to assess prior Stage 5 knowledge.

Brief overview of the role and structure of parliament.

Extension work: Research who currently is able to vote in Australian elections.

Visit the website www.aec.gov.au and investigate how young Australians enrol to vote.



  • the relationship between different legal institutions and jurisdictions

  • legislative process







Resources: www.parliament.nsw.gov.au

Hot Topics, No. 60, Australian Legal System, 2007.

Hot Topics, No. 34, Voting and Elections, 2001.

Construct a flow chart to show the passage of a bill into law.





  • delegated legislation




  • describe the function of delegated legislation

Define delegated legislation, including its purpose, where and how it is used.

Activity: Students devise a table listing the advantages and disadvantages of delegated legislation.

Guest speaker: Invite a local member of Parliament or representative from local council to speak to the class.

Resource: Hot Topics, No. 60, Australian Legal System, 2007.




The constitution

  • division of powers




  • explain the difference between division and separation of powers






Pre-test the historical background to Federation and the writing of the constitution.

Outline the constitutional division of power between the commonwealth and the states and discuss section 51 of the Australian constitution.

Construct a Venn diagram to show specific and residual powers, and the overlap between commonwealth and states.

Resource: Australian Constitution


  • relationship between different legal institutions and jurisdictions

  • separation of powers






Define legislature, judiciary and executive.


Discussion: Examples of what can happen if there is not a separation of powers (eg Chile under Pinochet).

Resource: Hot Topics, No. 60, Australian Legal System, 2007.





  • role of the High Court




  • examine the role of the High Court in the interpretation of the constitution




Explain the role of the High Court, including the difference between original and appellate jurisdiction, and constitutional interpretation.

Activity: Students visit the High Court website to complete a summary (using Word or PowerPoint) of the history and the operation of the court including a virtual tour. Students should investigate a recent case before the High Court.

Resources: www.hcourt.gov.au

The High Court (DVD available from the High Court).

Hot Topics, No. 71, Courts, 2009.




Aboriginal and Torres Strait Islander Peoples’ customary laws










  • diverse nature of customary laws

  • spiritual basis, significance of land and water

  • examine the characteristics of Aboriginal and Torres Strait Islander Peoples’ customary laws

Define customary law.

Observe a map of Australia showing ATSI languages and peoples at the time of European arrival to highlight the large number of different groups and explain that although there are similarities, each group developed its own laws.




  • the development of law as a reflection of society




  • family and kinship






Students watch the DVD Women of the Sun (ABC) Part 1 and/or First Australians (SBS) and complete a mind map summarising the main characteristics of ATSI customary law.

Construct a table to compare and contrast ATSI customary law and Australian contemporary law.







Define ritual.

Discuss oral traditions, and how they are passed down between generations (eg the Dreaming). Students consider the difficulties of oral traditions in the contemporary Australian legal system, particularly in relation to rules of evidence and hearsay.







  • mediation and sanctions






Define mediation and explain how it is used in ATSI customary law using examples.

Define sanctions and outline the type of sanctions used in ATSI customary law.


Activity: Briefly compare these sanctions with those used by contemporary Australian courts.





  • relevance to contemporary Australian law



  • outline the extent to which Aboriginal and Torres Strait Islander Peoples’ customary laws have been integrated into Australian law

Outline problems ATSI people have faced, such as understanding the court system, over-representation in arrests and prison population, and high rates of recidivism. (*This could be integrated with Part III.)
Discuss how and why alternative sanctions have been integrated into contemporary Australian law, such as circle sentencing and the role of community justice and traditional punishments.

  • influences on the Australian legal system







Resources: The Circuit, DVD, SBS TV.

Hot Topics, No. 33, Reconciliation, 2001.

Hot Topics, No. 60, Australian Legal System, 2007.

Carolyn Heske, ‘Interpreting Aboriginal justice in the Northern Territory’, in Alternative Law Journal, No. 33, March 2008.


Written response: ‘Outline the extent to which ATSI customary laws have been integrated into Australian law. Discuss whether this integration has happened because of society’s changing values.’ Model a scaffold in class, brainstorm an introductory paragraph and students complete the task.



International law











  • differences between domestic and international law


  • state sovereignty




  • distinguish between domestic and international law and examine the impact of state sovereignty

Define domestic law and international law using examples.
Construct a table outlining the major differences between domestic and international law, their key features and purposes, how they are created and their levels of enforceability.


  • the relationship between different legal systems and jurisdictions



  • the need for law in the operation of society




  • sources, including:

  • international customary law

  • instruments (declarations and treaties)

  • legal decisions, writings.

  • examine the sources of international law




Define state sovereignty, comment on its importance and discuss advantages and disadvantages.
Outline the major sources of international law.

Activity: Students visit the UN website www.un.org

Review student understanding of the role of the UN from Stage 5 History and Geography.


  • the relationship between different legal systems and jurisdictions

  • role of:
  • United Nations


  • courts and tribunals

  • intergovernmental organisations




  • describe the role of the various organisations involved in international law




Part 1 – examine the United Nations Declaration of Human Rights 1948. Choose five articles and summarise them in your own words.

Part 2 – create a fact file about the UN including:

  • background to the creation of the UN and its aims

  • major organs and their current members

  • the roles of the International Court of Justice, International Criminal Court, International Criminal Tribunal for the Former Yugoslavia, International Criminal Tribunal for Rwanda, European Court (www.curia.europa.eu).

Mind map intergovernmental organisations, eg European Union, African Union or APEC. Examine the role of each, through internet research.




  • the development of law as a reflection of society







  • non-government organisations







Define NGOs. Provide examples.

Group activity: In small groups, students prepare a brief report on a major international non-government organisation covering the history, aims and activities they are involved in and their influence on international law. Present to class accompanied by a summary.




  • relevance to contemporary Australian law




  • examine how international law impacts on and is incorporated into Australian law



Resources: International Red Cross www.icrc.org

Medecins Sans Frontieres www.msf.org.au

Amnesty International www.amnesty.org

Greenpeace www.greenpeace.org

Oxfam www.oxfam.org
Group activity: Construct a table to show the domestic laws that have been developed as a result of the ratification of international documents, such as anti-discrimination legislation.





3. Classification of law










  • public law

  • criminal law

  • administrative law

  • constitutional law




  • outline different types of law




Define public law distinguishing between criminal, administrative and constitutional law.

Define private law distinguishing between contract, tort and property law.


Class discussion: What is the purpose of different types of law?

  • the relationship between different legal systems and jurisdictions

  • private law (civil law)

  • contract law

  • tort law

  • property law




Group activity: Students to find a range of cases, articles or examples from the media and classify accordingly.

Create a flow chart to show and contrast civil and criminal court proceedings.



Excursion: Students visit a court to watch proceedings. Identify key legal personnel and outline their role. Discuss the purpose of additional support, such as translators, liaison officers and counsellors.




  • criminal and civil court procedures including legal personnel




  • distinguish between criminal and civil court procedures



  • identify the role of legal personnel involved in the court process



Table: compare and contrast inquisitorial and adversarial systems of law.

Extension work: Debate – ‘The inquisitorial system searches for the truth, the adversarial system does not!’

Topic test/review



Resources: www.lawlink.nsw.gov.au

www.lawmap.com.au

The Law Handbook, Redfern Legal Centre Publishing

LIAC Crime Library

LIAC Civil Library





  • common and civil law systems




  • compare and contrast common and civil law systems

Resources: Whitton, E 1998, The Cartell: Lawyers and Their Nine Magic Tricks, Griffin Press, Sydney.

Whitton, E 2005, Serial Liars: How Lawyers Get the Money, published by the author (ewhitton@bigpond.net.au).





4. Law reform










  • conditions that give rise to law reform including changing social values, new concepts of justice, new technology, see Law Reform page of Legal Studies Research Guide and HSC Legal Studies: Newswatch

    http://blog.sl.nsw.gov.au/hsc_legal_studies

  • examine the conditions that give rise to law reform




Define law reform.

Discuss the conditions that have led to law reform and brainstorm examples:



  • changing social values, eg attitudes towards witchcraft, decriminalisation of homosexuality, stricter controls on domestic violence, and the protection of children

  • new concepts of justice, eg human rights legislation such as anti-discrimination laws, removal of the death penalty

  • new technology, eg the use of DNA, internet and computer use, medical technology.

  • the development of law as a reflection of society




  • agencies of reform including law reform commissions, parliamentary committees, the media, non-government organisations




  • describe the role of agencies involved in law reform




Define agencies of reform and outline the role of law reform commissions, parliamentary committees, the media and non-government organisations.

Think/Pair/Share: In pairs, students investigate an agency of law reform, eg Australian Law Reform Commission (ALRC). Complete a report on the process that the agency follows in reforming the law. Share findings with the class.


Resources: www.alrc.gov.au

www.lawlink.nsw.gov.au/lrc

www.legalanswers.sl.nsw.gov.au/students_teachers/prelim_lawreform.cfm

http://blog.sl.nsw.gov.au/hsc_legal_studies






  • influences on the Australian legal system

  • mechanisms of reform including courts, parliaments, United Nations, intergovernmental organisations




  • examine the operation of the different mechanisms of reform




Review examples of:

  • courts’ ability to create common law and interpret statutes, eg native title

  • parliaments’ ability to create statute law, eg Brendan’s law,

    www.rta.nsw.gov.au/rulesregulations/brendans_law.html

  • the United Nations’ ability to create treaties, declarations and resolutions, eg Convention on the Rights of the Child

  • intergovernmental organisations’ ability to form treaties and impose conditions on members, eg European Union and the creation of the European Court.




5. Law reform in action




Two examples of law reform must be studied.

Law reform in relation to native title is MANDATORY.

Another example can be taken from List B or a topic of the student’s choice.





a) native title





  • explain why terra nullius was an obstacle to achieving native title




  • examine the roles of the High Court and federal parliament in recognising native title




  • examine major Australian native title decisions




  • assess the effectiveness of the law reform process in achieving just outcomes in regard to native title

Define terra nullius and explain why this was an obstacle to achieving native title.
Create a timeline to show the historical development of the doctrine of terra nullius to native title.
Examine the role of the High Court in the following case law:

  • Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141

  • Mabo v Queensland (No. 1) [1988] HCA 69; (1988) 166 CLR 186

  • Mabo v Queensland (No. 2) [1992] HCA 23; (1992) 175 CLR 1

  • Wik Peoples v Queensland [1996] HCA 40; (1996) 187 CLR 1


Resources: Frontiers, Episode 1, ABC, DVD

First Australians, SBS, DVD

Hot Topics, No. 48, Native Title, 2004

Hot Topics, No. 68, Indigenous Peoples, 2009


Northern Land Council websitewww.nlc.org.au

www.abs.gov.au

www.abc.net.au/news/video – archives

www.austlii.edu.au
Visit the Native Title Tribunal www.nntt.gov.au. Examine a map indicating where native title claims have been successful. Choose one state or territory of Australia and briefly summarise one ruling or determination.


  • influences on the Australian legal system




  • the relationship between different legal institutions and jurisdictions



  • the development and change of law as a reflection of society










Resources: www.ag.gov.au

www.nntt.gov.au

www.hreoc.gov.au

Writing task: ‘Assess the effectiveness of the law reform process in achieving just outcomes in regard to native title.’ Brainstorm a scaffold in class. Teacher models the introduction; students complete exercise.




b) A contemporary law reform issue










the example used here is sport and the law


  • identify and investigate a contemporary law reform issue


  • examine the conditions that give rise to the need for law reform, the agencies of reform and mechanisms of reform


Optional topic: Sport and the law


This topic can be treated as a whole class topic, or divided up for group research under different elements such as discrimination and sport, violence and sport (on field and/or off field, including crowd behaviour), drug use and sport.
Using media articles, videos and snapshots from the sports news, raise awareness of sport issues by creating relevant posters.

Create a mind map identifying reasons why and how law reform has impacted on sport.


Group activity: Identify different types of discrimination in sport, such as, disability, gender, race, culture, sexual preference, etc.
Racism, sport and law reform

Research past examples of discrimination such as Jesse Owens (1936 Olympics); Springbok tour of Australia 1971; Aboriginal cricketer Eddie Gilbert (1920s) and more recent cases.


Discussion: Have attitudes towards race changed over time?

Research current examples of discrimination in sport, including media articles.


Resources: www.playbytherules.net.au

What’s the Score? A survey of cultural diversity and racism in Australian sport – 2007 HREOC report

Tatz, Colin, Obstacle Race: Aborigines in Sport, UNSW, 1995



From Google to Legal Studies – Research Guide – PowerPoint presentation, May 2008 (LIAC). Download PPT from www.legalanswers.sl.nsw.gov.au/students_teachers

Healy, Deborah, Sport and the Law, UNSW Press, 2003.









Debate: ‘There is a need for law in the operation of sport in society.’


Research: Investigate the significance of the Gleneagles Agreement 1977 among Commonwealth nations.


  • development of law as a reflection of society




  • assess the effectiveness of law reform in achieving just outcomes with regard to a contemporary law reform issue




Outline current legislation, such as the Anti-Discrimination Act 1975

and the Racial Hatred Act 1995 and discuss the impact of these acts on sport and society, including administration and sanctions for breaches.


Activity: Students create a flow chart to show the process from complaint to resolution.
Group activity: Students examine a sport and its code of behaviour and describe how discrimination is treated by this sporting body.
Written activity: ‘Assess the effectiveness of law reform in achieving just outcomes in relation to racism in sport. Make reference to cases, legislation, media and reports to support your answer.’

Violence, sport and law reform

Discussion: Why has it been necessary to introduce law reform to deal with violence in regard to sport?
Resources: Violence in Sport Report – Australian Institute of Criminology www.aic.gov.au –> publications
www.playbytherules.net.au
Group activity: Students examine a sporting code of behaviour and outline the process of reporting violence and enforcing the code. Outline the role and jurisdiction of these enforcement bodies including relevant case studies, eg swimmer Nick Darcy.

Resources: The Court as a Referee in Sport, Deborah Healey, Reform (the journal of the Australian Law Reform Commission), No. 88, 2006.


http://blog.sl.nsw.gov.au/hsc_legal_studies











Class discussion: What is the role of legislation, police and the courts in maintaining safety and order at sporting fixtures?

Use www.parliament.nsw.gov.au to investigate the Sporting Venues (Offenders Banning Orders) Act 2005.


Written response: ‘Assess the effectiveness of law reform in achieving just outcomes with regard to violence in sport. Make reference to cases, legislation, media or documents where relevant.’







1   2   3   4   5   6   7   8   9   ...   14
:)


The database is protected by copyright ©hestories.info 2017
send message

    Main page

:)