Unit 1: Guilt and Liability

The law influences all aspects of society - at home, at work and in the wider community. Laws are used by society to preserve social cohesion and to ensure the protection of people from harm and from the infringement of their rights. These laws can be grouped according to their source and whether they are criminal or civil in nature. Following an overview of the law in general, this unit focuses on criminal guilt and civil liability.

Students examine the need for laws in society. They investigate the key features of criminal law and civil law, how it is enforced and adjudicated and possible outcomes and impacts of breaking the law. Through a consideration of contemporary cases and issues, students learn about different types of crimes and explore rights and responsibilities under criminal law and civil law.

Students investigate the processes and procedures followed by courts in hearing and resolving criminal cases. They explore the main features and operations of courts and consider the effectiveness of the legal system in achieving justice.

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 that 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, and the purposes and types of sanctions and remedies and their effectiveness.

Students will investigate legal processes in enforcing the law, including the police, jury system, imprisonment and other sentencing guidelines.

Students develop their understanding of the way that rights are protected in Australia and in another country, and possible reforms to the protection of rights. They examine significant cases in relation to the protection of rights in Australia. When the law is broken, processes and procedures are followed to ensure that the law is enforced. Students examine processes in criminal law such as law enforcement, the jury system, imprisonment and the effectiveness of sanctions and sentencing.

Unit 3: Rights and Justice

The key principles that underpin our legal system are fairness, equality and access. In this unit, students develop an understanding of the institutions that determine our laws and their law-making powers and processes. They undertake an informed evaluation of the effectiveness of law-making bodies and examine the need for the law to keep up to date with changes in society.

Students develop an appreciation of the complex nature of law-making by investigating the key features and operation of parliament as well as influences on law-making, with a focus on the role of the individual.

Methods and institutions in the justice system are investigated, and their appropriateness in determining criminal cases and resolving civil disputes is considered. 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 in the criminal justice system, the roles of the judge, jury, legal practitioners and the parties, and the ability of sanctions and remedies to achieve their purposes. Students investigate the extent to which the principles of justice are upheld in the justice system. They discuss recent reforms from the past four years and recommended reforms to enhance the ability of the justice system to achieve the principles of justice. Throughout this unit, students apply legal reasoning and information to actual and/or hypothetical scenarios.

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 also 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.

Key to this unit is the analysis of landmark High Court cases that have reflected our democratic rights and the protection of those rights against potential misuse of power. Students will learn about such cases and examine the impact of these cases on our current system of laws. Throughout this unit, students apply legal reasoning and information to actual scenarios.