Legal Studies
Unit 1-4
The study of VCE Legal Studies enables students to become active and informed citizens by providing them with valuable insights into their relationship with the law and the legal system. More than this, it equips students with the ability to research and analyse legal information and apply legal reasoning and decision-making skills, and fosters critical thinking to solve legal problems that can be applied to any future endeavours both in a legal and non-legal field.
Entry
There are no prerequisites for entry to Units 1, 2 and 3. Students must undertake Unit 3 prior to undertaking Unit 4. Units 1 to 4 are designed to a standard equivalent to the final two years of secondary education.
Unit 1: : The presumption of innocence
Laws, including criminal law, aim to achieve social cohesion and protect the rights of individuals. Criminal law is aimed at maintaining social order. When a criminal law is broken, a crime is committed which is punishable and can result in criminal charges and sanctions.
In this unit, students develop an understanding of legal foundations, such as the different types and sources of law, the characteristics of an effective law, and an overview of parliament and the courts. Students are introduced to and apply the principles of justice. They investigate key concepts of criminal law and apply these to actual and/or hypothetical scenarios to determine whether an accused may be found guilty of a crime. In doing this, students develop an appreciation of the manner in which legal principles and information are used in making reasoned judgments and conclusions about the culpability of an accused. Students also develop an appreciation of how a criminal case is determined, and the types and purposes of sanctions. Students apply their understanding of how criminal cases are resolved and the effectiveness of sanctions through consideration of recent criminal cases from the past four years.
Unit 2: Wrongs and rights
Civil law aims to protect the rights of individuals. When rights are infringed, a dispute may arise requiring resolution, and remedies may be awarded. In this unit, students investigate key concepts of civil law and apply these to actual and/or hypothetical scenarios to determine whether a party is liable in a civil dispute. Students explore different areas of civil law, and the methods and institutions that may be used to resolve a civil dispute and provide remedies. They apply knowledge through an investigation of civil cases from the past four years. Students also develop an understanding of how human rights are protected in Australia and possible reforms to the protection of rights, and investigate a contemporary human rights issue in Australia, with a specific focus on one case study.
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. In this unit, students examine the methods and institutions in the criminal and civil 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 means and institutions used to determine and resolve cases.
Students explore topics 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. Throughout this unit, students apply legal reasoning and information to actual and/or hypothetical scenarios.
Unit 4: The people, the law and reform
The study of Australia’s laws and legal system includes an understanding of institutions that make and reform our laws. In this unit, students explore how the Australian Constitution establishes the law-making powers of the Commonwealth and state parliaments, and how it 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 changes to the law, and past and future constitutional reform. Throughout this unit, students apply legal reasoning and information to actual and/or hypothetical scenarios.
Assessment
Satisfactory Completion:
The award of satisfactory completion for a unit is based on a decision that the student has demonstrated achievement of the set of outcomes specified for the unit. This decision will be based on the teacher’s assessment of the student’s performance on assessment tasks designated for the unit.
Levels of Achievement
Units 1 and 2:
Procedures for the assessment of levels of achievement in Units 1 and 2 are a matter for school decision.
Units 3 and 4:
The Victorian Curriculum and Assessment Authority will supervise the assessment of all students undertaking Units 3 and 4. In the study of VCE Legal Studies, students’ level of achievement will be determined by School-assessed Coursework (SACs) and an end-of-year examination.
Unit 3 School-assessed Coursework: 25 %
Unit 4 School-assessed Coursework: 25 %
End-of-year examination: 50 %
Key skills required
Unit 1:
Students should have an interest in and awareness of current legal issues and a willingness to discuss issues during classroom discussion. Students will learn to analyse and apply the law to legal cases. Essay-writing skills will also be developed.
Unit 2:
Students should have an interest in and awareness of current legal issues and a willingness to discuss issues during classroom discussion. Students will learn to analyse and apply the law to legal cases, research topics and write essays.
Unit 3:
Students should be highly motivated, well-organised and able to manage their time effectively. During the year, students will develop an awareness of current legal issues and enhance their ability to write extended-response questions.
Unit 4:
Students should be highly motivated, well-organised and able to manage their time effectively. Students will continue to develop essay-writing skills while enhancing examination skills.