Unit 1 & 3 Legal Studies –(2013)

Head start program

Expectations

All school rules apply in these classes.For example: 1. Completion of homework2. Behaviour in class3. Lateness 4. SAC dates

Course guidelines

Handout 1: Unit 3 student check list

Handout 1: Unit 1 student checklist

Areas of study- Unit 3 Area of Study 1: Parliament and the citizen Area of Study 2: The Constitution and the

protection of rights Area of Study 3: Role of the courts in law-

making

The main focus in Unit 3 is on principles of the Australian parliamentary system, changing the law, the Constitution, and the relationship between courts and parliament in law-making

Areas of study- Unit 1

Area of Study 1: Law in society Area of Study 2: Criminal law Area of Study 3: The criminal

courtroom

The main focus in Unit 1 is on why we need laws, how they are made, crime and criminal process

Course requirements

You will need to purchase the text book that is required for this subject –

Year 12 -Justice and Outcomes (11th edition) by Beazer, Humphreys and Filippin

Year 11– Access and Justice (10th edition)

To satisfy the requirements of this course you will need to complete all coursework (including homework) and SAC tasks

Requirements (continued)In Legal Studies you will need: A well-organised work book and loose

leaf paper to submit work in on To maintain and keep all class notes If you are absent you will need to catch

up on what you have missed – it is your responsibility to contact your teacher in person or via email

To complete all homework consistently as this will be part of your assessment

Requirements (continued) You will also need to keep up to date with parliamentary, criminal law and civil law issues in the media, by frequently utilising and interacting with: newspapers news programs internet sites of relevance etc.

Commence a revision/homework timetable that you stick to - a good website to use is VCEhelp

Glossary of terms

You will all need to maintain a glossary of legal terms that will act as a dictionary for you

Do not just copy the terms from the text book. When you come across a new legal term you will need put this term into your own words as much as possible

Sample Glossary

Create a section of your workbook that is dedicated to key legal terms.

A B C Etc

Task words

Remember these? See Handout Key task words

It is very important that you carefully read and answer the question; don’t simply write everything you know about the topic

e.g. ‘describe one aim of criminal sanctions’ is asking something very different to ‘evaluate the effectiveness of one aim of criminal sanctions’

Lets start!

Complete the following questions to find out what you know already:

1. What are the differences between legal and non-legal rules?

2. List 3 main differences and explain why they are different.

3. Why do we have laws?

TO: Provide social cohesion and reflect

values of the majority Provide a code of acceptable behaviour Protect individual rights Provide mechanisms for resolving

disputes Change to meet changing values and

needs

4. How do we classify laws? 1. Statute law and Common law-

what is the difference?

2. Criminal law and Civil law- what is the difference?

These are the major two classifications but there are others

5. Criminal law vs. Civil law Criminal law deals with acts or

omissions that offend against an existing law, it is harmful to an individual or society and is punishable by law

Civil law relates to disputes between 2 parties and involves one party’s rights having been infringed and that party seeks a remedy

6. What are the Sources of law? Statute law is made by parliament

and subordinate bodies

Common law is made by the courts

Lets see what we know????Handout : An introduction to

parliament in Australia Complete the questions ( try and

answer on your own).

Weebly website

rsclegal.weebly.com

Ch 1 of textbook Handouts Email access Holiday homework

Unit 1 - specific

The following few slides are Year 11 specific.

What are the laws/rules that govern these activities?

Features of laws

Who made the law/rule?

Who enforces it?

How are they enforced?

What is the penalty?

Joe’s storyHandout : Joe’s Story – A case

study

Read the story and answer the questions

Unit 3- specific

The following few slides are Year 12 specific

7. Who are the Law-making bodies? Who makes laws?

Parliament - Commonwealth and State

What are the other law-making bodies? Subordinate authorities (through delegated

legislation) and the courts (through the doctrine of precedent)

What is a government? The party/ies that win the most seats in the

lower house of parliament

8. What is the difference between the State and Commonwealth parliaments? Structure Government Law-making powers House names

9. What is the constitution? Commonwealth of Australia

Constitution Act 1900 (UK)

Why is it important?

It established the framework for our parliamentary system, including the structure and powers.

Terms

What is a Constitutional Monarchy? The Queen is the head of State and our

parliament is governed by a constitution

Define Democracy Members of parliament who are voted into office

by the people

What is a Republic? The head of state would be voted and not

appointed

Match the terms

As a pre test to the learning of the structure and role of parliament as a law maker, we will match some key terms

Work in pairs to match the terms correctly

Handout : Matching terms

The Australian parliamentary system The Australian system is based on the

Westminster System (named after the British Parliament)

This basic system was adopted by Australia via the Commonwealth of Australia Constitution Act 1900 (UK)

The basic element is that we have a Parliament and the Monarch is the Head of State

What is Parliament?

http://www.peo.gov.au/multimedia/video/whatIsParliament/transcript.html

Investigation task

Using the PEO web site @ http://www.peo.gov.au/index.html and Handout Mind-map:

Research the terms on the handout and then create an annotated mind map giving an overview of the structure of the Australian Parliamentary system

You must show and briefly explain how you believe each of the features/bodies interact. This work will need to be submitted. You will have some class time now.

Australian parliamentary systemHandout : Australian parliamentary system

Responsible government

Representative government

Separation of powers

Queen as head of state

Parliament has 2 houses (bicameral)

Principle 1

Representative Government: this refers to?

A government that represents the views of the majority of people

The government is chosen by the people

Regular election are held, so people can vote

If the government does not represent the people, it will be voted out at the next election

Principle 2

Responsible Government: this refer to?

This refers to the government’s responsibility to the people

They are answerable and accountable to parliament, and therefore to the people

Ministers are appointed and are answerable for their actions

The principle of responsible govt Ministers are responsible and must explain

actions in parliament (ministerial accountability)

Ministers responsible for the actions of their department

Other MP’s can question the Minister’s and department’s actions

Minister must have integrity or resign If the Minister loses support of the lower

house then they must resign (are therefore responsible to the people)

Principle 3

Separation of Powers refers to?

This principle underpins our parliamentary system

It refers to 3 separate powers, each power is to be held by a separate body, to ensure no one body has absolute power

Elements of the sop There are 3 aspects of the

separation of powers:

1. Legislative Power: the power to make laws, this power is held by the parliament

2. Executive Power: the power to administer laws and manage the business of government Under the constitution the executive

powers are given to the Governor-General; in practice it is carried out by the prime minister and senior ministers

The executive is accountable to the legislative body

3. Judicial power: this power is given to the courts and tribunals to enforce the law and settle disputes

Where did the separation come from? In 1748 Montesquieu (a French

philosopher) thought that this separation was important

If one body had all the powers then abuse could occur

Theory versus practice

The first 2 powers are linked but the Judicial power is separate and independent

All three powers are separate in theory but in practice, the powers of the legislature and executive are combined

The GG is part of the executive and also part of the structure of parliament (Legislative)

The PM and cabinet are part of the executive and also part of parliament (Legislative)

So in practice, the cabinet has the power to administer the law (but in theory it is the executive)

The PM (not the GG ) is the head of the Executive (but in theory the GG is the Head)

All laws must receive Royal Assent (given by GG)

So the 2 powers are very closely linked. The lines are quite blurred in practice

The judicial function

The Legislative and Judicial powers must be kept separate

The courts must remain free from political influence to ensure corruption is not part of the system

Why do we have the Separation of Powers? To ensure checks and balances

(checks on parliament to ensure it doesn’t go beyond its power)

Independence in the system Protects stability of government The body who makes the law is

separate from the body who enforces the law

Principle 4The role of the Crown: What/ who is the Crown?

The Governor-General at Commonwealth level and the Governor at State level

The Queen or Monarch’s representative Holds the Executive power Is appointed by Queen (on the advice of the PM) The Governor-General’s main responsibility is to ensure

that the democratic system operates effectively. This requires an effective electoral system, parliament, government and courts. It is also essential that the majority of people are confident that their community functions as a democracy

Year 11 work.

So what then is the difference between legal and non – legal rules?Who must obey them?Who makes the rule?Who enforces the rule?Who interprets the rule?

Chaos!!!

Quiz / Questions:

1. If there were no rules in our society, then society would still function as it does now.

AGREE/DISAGREE

2. If there were no rules in society, then most people would live without fear or threat to their personal safety. AGREE/DISAGREE

3. If there were no rules in society, then most people’s possessions would be safe. AGREE/DISAGREE

4. If there were no rules in society, then most people would behave as they do now. AGREE/DISAGREE

5. If there were no rules in society, then people would still be able to sort out their conflicts. AGREE/DISAGREE

6. The human race is basically ‘good’ by nature, so there is no need for rules in our society. AGREE/DISAGREE

7. If there were no rules in society, then humans would use their animal instincts to survive. AGREE/DISAGREE

8. If there were no rules in society, then I could do whatever I wanted.

AGREE/DISAGREE

9. If there were no rules in society, then I would be fearful most of the time.

AGREE/DISAGREE

10. If there were no rules in society, then there would be no way I would go to school or do any work.

AGREE/DISAGREE

11. If there were no rules in society, then we would live in chaos.

AGREE/DISAGREE

Laws: Fact or fiction?

A. It is illegal to eat cats and dogs. FACT/FICTION

B. It is illegal to sing an obscene song, tune or ballad within earshot of someone. FACT/FICTION

C. If you meet up with a pirate, it is illegal to trade with them. FACT/FICTION

D. If you fly kites or play a game in public which annoys another person, you could be fined. FACT/FICTION

E. It’s an offence to drive a dog or goat harnessed or attached to a vehicle in a public place. FACT/FICTION

F. When walking on a footpath, you must walk on the left side. FACT/FICTION

G. It is illegal to tape songs from the radio. FACT/FICTION

Laws: Fact or fiction?

Research whether these laws are true or not

What other strange laws can you find?

How easy is it to make a rule/ law?Handout : No rules- Homework for the the holidays (year 11)

You are to devise a new set of school rules

You need to determine all the rules and outline: Who it applies to Who will apply the rule When it applies Penalties for breaches of the rule How the rules reflect the values of the school you want to have

Further questions Why did you decide on the rules that you have and the penalties? What has been the most challenging part of the task?

Holiday homework- Year 11. Complete all handouts (which you should have

already done!)

Read through Ch. 1 of textbook (available at rsclegal.weebly.com)

Complete Learning Activities:- 1.5 p. 16 Qs 1-9- 1.6 p. 20 Qs 1-7- 1.7 p. 23 Qs 1-5- 1.8 p. 26 Qs 1-3

Year 12

Read and take notes from the following slides and then complete the tasks on the last slide.

Australian parliamentary systemHandout : Australian parliamentary system

Responsible government

Representative government

Separation of powers

Queen as head of state

Parliament has 2 houses (bicameral)

Principle 1

Representative Government: this refers to?

A government that represents the views of the majority of people

The government is chosen by the people

Regular election are held, so people can vote

If the government does not represent the people, it will be voted out at the next election

Principle 2

Responsible Government: this refer to?

This refers to the government’s responsibility to the people

They are answerable and accountable to parliament, and therefore to the people

Ministers are appointed and are answerable for their actions

The principle of responsible govt Ministers are responsible and must explain

actions in parliament (ministerial accountability)

Ministers responsible for the actions of their department

Other MP’s can question the Minister’s and department’s actions

Minister must have integrity or resign If the Minister loses support of the lower

house then they must resign (are therefore responsible to the people)

Principle 3

Separation of Powers refers to?

This principle underpins our parliamentary system

It refers to 3 separate powers, each power is to be held by a separate body, to ensure no one body has absolute power

Elements of the sop There are 3 aspects of the

separation of powers:

1. Legislative Power: the power to make laws, this power is held by the parliament

2. Executive Power: the power to administer laws and manage the business of government Under the constitution the executive

powers are given to the Governor-General; in practice it is carried out by the prime minister and senior ministers

The executive is accountable to the legislative body

3. Judicial power: this power is given to the courts and tribunals to enforce the law and settle disputes

Where did the separation come from? In 1748 Montesquieu (a French

philosopher) thought that this separation was important

If one body had all the powers then abuse could occur

Theory versus practice

The first 2 powers are linked but the Judicial power is separate and independent

All three powers are separate in theory but in practice, the powers of the legislature and executive are combined

The GG is part of the executive and also part of the structure of parliament (Legislative)

The PM and cabinet are part of the executive and also part of parliament (Legislative)

So in practice, the cabinet has the power to administer the law (but in theory it is the executive)

The PM (not the GG ) is the head of the Executive (but in theory the GG is the Head)

All laws must receive Royal Assent (given by GG)

So the 2 powers are very closely linked. The lines are quite blurred in practice

The judicial function

The Legislative and Judicial powers must be kept separate

The courts must remain free from political influence to ensure corruption is not part of the system

Why do we have the Separation of Powers? To ensure checks and balances

(checks on parliament to ensure it doesn’t go beyond its power)

Independence in the system Protects stability of government The body who makes the law is

separate from the body who enforces the law

Principle 4The role of the Crown: What/ who is the Crown?

The Governor-General at Commonwealth level and the Governor at State level

The Queen or Monarch’s representative Holds the Executive power Is appointed by Queen (on the advice of the PM) The Governor-General’s main responsibility is to ensure

that the democratic system operates effectively. This requires an effective electoral system, parliament, government and courts. It is also essential that the majority of people are confident that their community functions as a democracy

Role of the crownThe role of the Governor-general of Australia includes:- acting as head of state- performing duties of the executive council, including giving royal

assent to bills before they become law and making regulations under acts of parliament

- has the power to withhold assent (Governors of the States no long have this power due to the Australia Act 1986 (Cth.))

- designating the times for parliamentary sessions- bringing a session of parliament to an end and dissolving the House of

Representatives to bring about an election- appointing judges to the courts- exercising reserve powers — these can be exercised with or without

ministerial advice and, although not listed anywhere, include the power to appoint a prime minister if an election has resulted in a ‘hung parliament’, the power to dismiss a prime minister who has lost the confidence of the parliament or who is acting unlawfully, and the power to refuse to dissolve the House of Representatives despite a request from the prime minister.

Reserve Powers

Reserve powers are powers that date back to when the Monarch had many powers

Gives them the power to dismiss a government, but is rarely exercised

In 1975 the GG dismissed the Whitlam government

Executive council: the GG is responsible for making delegated legislation. They do this whilst acting in council with the relevant ministers

Executive Council

The GG or Government is responsible for making delegated legislation

Delegated legislation (subordinate legislation) is when rules and regulations are made by government departments and other government bodies e.g. Vic Roads

Some Acts of parliament give power to other bodies to make rules and regulations to Executive council

The role and function of the Crown

Crown

Crown’s Representative Executive function

Royal Assent Reserve powers

Principle 5

Structure of State and Commonwealth Parliaments

Bicameral System

Each of the Commonwealth and state parliaments (except QLD) have 2 houses of parliament

Many argue that Australia is over-governed; that is we have too many parliaments and there have been suggestions that we should abolish the State parliaments and instead have regional governments

The role played by the Houses of Parliament Cabinet, Parliament and

Government- What are the differences?

Prime Minister, Premier, ministers – what are the differences?

Cabinet – the PM and senior ministers decide on government policy. This is how proposed laws (bills) are formulated

Parliament – the supreme law- making body, all members are part of this body. This also includes the Crown

Government – the political party/ies that has the majority of members in the lower house. The party that loses the election is the Opposition

The houses of Parliament: Federal and State

What are the features of each? What are the roles of each? How effective are each?

The role and function of the Upper and Lower Houses

Roles and functions of Upper and Lower houses

Senate: role as States House: Senate: role as a House of Review

Role of House of Reps as “people’s house”- Role of House of Reps as a law maker:

Holiday homework- Year 12

Read Ch.1 of textbook (available at rsclegal.weebly.com)

Complete Learning Activities:- 1.1 p. 10 Qs 1-6- 1.2 p. 17 Qs 1-7- 1.3 p. 20 Qs 1-4- 1.4 p. 23 Qs 1-6- 1.6 p. 28 Qs 1-6