Year Group: 11 (Preliminary)

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Subject : LEGAL STUDIES / Part II – The individual and the law (30% of class time)
Unit: Your rights and responsibilities

Year group: 11 (Preliminary)

/ Time: 1 week
Principal focus: Students investigate the way in which the law impacts on individuals by referring to legal and non-legal institutions, laws and media reports.
Themes and challenges to be incorporated throughout
Part II – The individual and the law:
· Relationship between justice, law and society
· Relationship between rights and responsibilities
· Balancing the rights of individuals with the needs of the State
· Effectiveness of legal mechanisms for achieving justice for individuals and society
Each topic’s themes and challenges should be integrated into the study of the topic, and they may be examined. / 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
P4. discusses the effectiveness of the legal system in addressing issues
P5. describes the role of law in encouraging cooperation and resolving conflict, as well as initiating and responding to change
P6. explains the nature of the interrelationship between the legal system and society
P7. evaluates the effectiveness of the law in achieving justice
P8. locates, selects and organises legal information from a variety of sources including legislation, cases, media, international instruments and documents
P9. communicates legal information using well-structured responses
P10. accounts for differing perspectives and interpretations of legal information and issues
Assessment
To be devised within each school according to needs and requirements noting:
Outcomes are applicable to all topics. Some may be more relevant to a particular topic than others. Outcomes may be examined.
The principal focus for each topic may be examined.
Content /
Learn about: / Learn to: / Teaching/Learning strategies / Resources / Reg /
· the roles of the federal and state police and other law enforcement agencies
· resolving disputes between individuals:
– alternative dispute resolution
– tribunals
– courts
· resolving disputes with the state:
– non-legal methods:
- media
- members of parliament
- trade unions
- interest groups, including non-government organisations
– legal methods:
- internal review
- external review: administrative, judicial, ombudsman, statutory bodies including Australian Human Rights Commission, Independent Commission against Corruption (ICAC), Royal Commissions / · outline the roles of law enforcement agencies
· identify and examine methods of resolving disputes between individuals
· compare and contrast disputes between individuals and those between individuals and the state
· assess the effectiveness of methods of resolving disputes
· distinguish between non-legal and legal methods of enforcing rights and resolving disputes
· assess the effectiveness of dispute resolution processes in achieving justice for and between individuals / · Students list the areas of control for state and federal police. Refer to the Division of Powers (s51 Constitution) P1
· Group work. Students investigate other law enforcement agencies in Australia e.g. NSW Crime Commission, Australian Crime Commission, ASIO and report findings to class via PowerPoint presentation. P8, P9
· Students compare and contrast the alternative dispute methods of negotiation, mediation and conciliation and arbitration. P3
· Students examine the process of community justice centres and conflict resolution as an alternative to the traditional court process. A guest speaker from Youth Justice Conferencing / Australian Mediation Association or Family Relationship Centre to speak about the process – advantages and disadvantages. P7
· Class debate: “ADR is the most effective means of resolving disputes.” P7, P9
· Students identify the role of a tribunal in resolving disputes between individuals.P2, P3
· Students investigate the Consumer trader and Tenancy Tribunal to determine the types of disputes and methods of resolution they deal with. P3, P8
· Students compare the operation of the courts with tribunals and with ADR on the basis of accessibility (cost and time), rules of evidence, necessity of legal representation and outcomes delivered. P4
· Teacher leads discussion and brainstorms with the class the types of disputes an individual may have with the state. P1
· Students read how an individual may challenge the state via non-legal means. Outline the features of each. P2, P5
· Students read text section on legal methods of challenging state power. Outline the features of each. Students distinguish between internal and external review processes. P2, P5
§ Students visit websites of the ICAC, ASIC, AAT, AHRC and the Ombudsman and outline the function and jurisdiction of each P2, P5
§ Case Study: Research and Analysis Hugh Parsonage challenging Board of Studies through Ombudsman and under the FOI laws to access his raw HSC marks. P8
§ Case Study Analysis: Toonen v Australia (1994) challenging state via UN. Students construct a flow chart detailing the steps he took and the outcome achieved. P2, P3, P8
· Students write an extended response that:
Assesses the effectiveness of legal and non-legal methods in resolving disputes with the state. P5, P7, P9
· Concluding lesson mind-mapping the similarities and differences between disputes between individuals and disputes between individuals and the state. P10
Complete Multiple-choice questions and Chapter summary tasks. P6, P9 / Cambridge Legal Studies – Preliminary (Second Edition)
pp. 150–1
p. 154
Review 7.1
Websearch:
http://www.crimecommission.nsw.gov.au/
http://www.asio.gov.au/
http://www.crimecommission.gov.au/index.htm
Cambridge Legal Studies – Preliminary (Second Edition)
p. 156–7
Review 7.2
p. 158
Research 7.1
Review 7.3
Consumer, Traders and Tenancy Tribunal link:
http://www.cttt.nsw.gov.au/default.html
Cambridge Legal Studies – Preliminary (Second Edition)
pp.158–160
Cambridge Legal Studies – Preliminary (Second Edition)
pp. 161–6
Review 7.5
Research 7.2
Individual and the State ICAC resource kit:
www.icac.nsw.gov.au
www.comb.gov.au
www.aat.gov.au
www.asic.gov.au
www.hreoc.gov.au
Link to information on Hugh Parsonage Case:
http://www.smh.com.au/news/national/ombudsman-in-board-of-studies-inquiry/2008/05/26/1211653939170.html
Cambridge Legal Studies – Preliminary (Second Edition)
p. 166
Toonen v Australia (1994)
Research 7.3
Cambridge Legal Studies – Preliminary (Second Edition)
p. 167

INSERT SCHOOL EMBLEM
Subject : LEGAL STUDIES / Part II – The individual and the law (30% of class time)
Unit: Contemporary issue: The individual and technology