12 LEGAL STUDIES
2015 REVISION PROGRAM
TOPIC 1: The Australian Legal System
- Functions of Law
* Functions of Law - Social Cohesion/Social Progress
* Functions of Parliament
* Functions of Courts
- Types of Laws
* Classification of Law - Public v Private Law
* Criminal dispute features: Citation/listing of cases
Categories of offences against person, property, society Classification of offences – Summary, Minor Indictable, Indictable Elements of a criminal offence – mensrea/actusreus
Strict liability offences
* Civil dispute features
Citation/listing of cases
Elements to prove a case of negligence
- Basis of government in Australia
* Australian Legal System
General principles and institutions
Member of global community
* Rule of Law/Constitutional Monarchy
* Federal nature of the commonwealth
* Separation of powers
Federal and state or territory tiers Representative/responsible government
Judicial independence
* Australian Court System
Federal/state hierarchies
General, specialised, original and appellate courts
TOPIC 2: Constitutional Government
*Basic features and principles12
- Constitutional development of the commonwealth
* Reasons for federation 13
* The federation process14
- Australian Constitution
* Impact of constitution on ALS15
* Importance of Westminster conventions of responsible government
* Reasons for stability of the constitutional system
* Indissoluble nature of the federal system
* Preservation of state powers
* Federal institutions of government (separation of powers)
* Division of powers
* Constitutional monarchy including role of Gov-Gen, an alternative republic
* High Court – its creation and jurisdiction + role in affecting division and separation of powers and creating implied human rights
* Australian free trade zone – prohibited powers
* Admission of new states
* The referendum process
- Australia’s Global Links
* Australia’s relationship with the UN (membership rights and obligations)
* International treaties and Australian Law
Reasons for entering into treaties
Nature of treaties and their jurisdiction in Australia
Advantages and disadvantages
* International Courts and the Australian Legal System
- Rights of Indigenous Peoples
* 1967 Constitutional amendments – reasons for and impact on Indigenous Peoples
* Nature and impact of federal and state anti-discrimination laws
* Terra Nullius and Native title – HCA examples
- Critical analysis of the Constitutional System
* Reasons for and implications of Australia’s constitutional stability
* Constitutional issue under study (x2)
TOPIC 3: Law Making
- Legislation
* Sources of Law + relationship between the three arms of government
* Classification of bills/factors leading to them
* Stages in the lawmaking process
* Deadlocks and how they are resolved
* Methods of supervision
- Delegated Legislation
* Types of delegated legislation and range of delegated authorities
* Why delegate?
* How a regulation is made/supervised
- Case Law
* How and why case law is made
* How statutes are interpreted
* Judicial and legislative methods of supervision including departure from precedent
4. Critical analysis of different methods of Law Making
* Advantages and disadvantages46
* Appropriateness of case law v law made by Parliament47
TOPIC 4: Justice Systems
- Dispute Resolution
* Dispute resolution with and without courts
* Methods of alternative dispute resolution
* Reasons for the court hierarchy
* Features of the Adversary System (criminal and civil)
* Criminal v civil trial proceedings
* The jury system
* The inquisitorial system – main features
* Evaluation of inquisitorial system in comparison to adversary system
- Critical analysis of the Justice System
* The response of the justice system to legal, social, political and economic pressures
* Effectiveness of adversary system, jury system and inquisitorial system
REVISION SCHEDULE
MSep 21 - 1,2,3
TSep 22– 4 WSep 23- 5
TSep 24– 6
FSep 25 - 7,8,9
HOLIDAYS
MSep 28 - 10,11
TSep 29 - 12
WSep 30 - 13,14
TOct 1- 15,16,17,18
FOct 2 - 19, 20, 21,22
MOct 5 - 23, 24,25,26
TOct 6 - 27, 28, 29 W WOct 7 - 30, 31,32
TOct 8 - 33, 34
FOct 9 - 35, 36,37,38,39
TERM 4
MOct 12 - 40, 41,42
TOct 13 - 43, 44, 45WOct 14 - 46,47
TOct 15 – 48,49,50
FOct 16 – 51,52
MOct 19 - 53,54,55
TOct 20 - 56,57
EXAM: Friday November6 at 9.00 am
[NB: These dates are only a guide. If you start the program earlier or later, adjust the datesaccordingly.] In other words you can push the holiday times into terms times.