year 11 legal studies unit guide

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Andrea Holliday 3633313

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Assessment Instrument One

Unit of Work

Due Date: 2 October 2013

Unit Code: AEG5202

Unit Name: Teaching Business 2

Unit Coordinator: Susheel Chand

Student Name: Andrea Holliday

Student Number: 3633313


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Table of Contents

TABLE OF CONTENTS 2

SUMMARY TABLE UNIT ONE 3

OUTLINE - UNIT ONE CRIMINAL LAW IN ACTION 4

SUMMARY TABLE UNIT TWO 15

OUTLINE - UNIT TWO ISSUES IN CIVIL LAW 16

ASSESSMENT 24

LEARNING ACTIVITY 25

Activity One Simplified Mock Trial 25

Activity Two Write a Contract 26

Assessment Rubric Write a Contract Activity 27

APPENDICES 28


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Summary Table Unit One

Subject Legal Studies

Unit One

Year Level ElevenSemester One

Source or

Framework

VCE Study Design Unit 1 & 2

Accreditation Period 2011 - 2015

Areas of Study 1. Law in Society2. Criminal Law3. The Criminal Courtroom

Learning Outcomes 1. Explain the need for effective laws and describethe main sources and types of law in society

2. Explain the key principles and types of criminallaw, apply the key principles to relevant cases,and discuss the impact of criminal activity on the

individual and society.

3. Describe the processes for the resolution ofcriminal cases, and discuss the capacity of these

processes to achieve justice.

Assessments Assessments will be made each lesson by payingattention to student participation, questions and

discussion.

Other activities completed by students will becollected and assessed as required.

Newspaper article regarding law making andchanging.

Defences to fictional homicide case studies. Brochure developed to educate young people

about their rights and obligations in relation to

the police.

Written test covering sentencing and sanctionsand crime.

Examination covering all of Unit 1.


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Outline - Unit One Criminal Law in Action

Area of Study One Law in Society

Outcome One On completion of this unit the student should be able to explain the need for effective laws and describe the main

sources and types of law in society.

Week Key Knowledge / Topics Teaching Activities Resources Assessment Strategies

1 The difference betweenlegal and non-legal rules.

The need for laws The distinction between

criminal law and civil

law.

Students brainstorm anddiscuss the difference

between legal and non-legal

rules.

Students work in smallgroups to identify the legal

and non-legal rules present

in their everyday lives.

Students discuss the need forlaws. Have students work in

groups to discuss what

society would look like

without laws.

Students investigate anddescribe the differencesbetween criminal and civil

law. Students read through

newspaper articles and

identify whether they are

criminal or civil.

Textbooks Butcher paper and textas Newspaper articles

about court cases

Assess studentsunderstanding and

participation during the

activities and upon

presentation to the class.

Collect and assess theidentification of criminal vs

civil for understanding.


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2 Law-making byparliaments

Class discussion on thestructure of the federal and

state governments in

Australia.

Provide worksheet forstudents to research in small

groups contain some

factual questions, followed

by more challenging andthought provoking ones.

Follow the process of arecent law students

individually construct and

present a timeline to the

class.

Textbook PC with internet access Poster paper

Worksheet Timeline assignment Class participation and

discussion

3 Law-making byparliament and

delegated legislation

Look at delegated legislationand delegated bodies as a

class. Then investigate a

recent case study with

problems for students to

work through in small

groups.

Role of courts in interpretinglegislation worksheet.

Case study Worksheet PC with internet access

Formal assessment task:Write a newspaper article

about a proposed new law

or law change.


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Area of Study Two Criminal Law

Outcome Two On completion of this unit the student should be able to explain the key principles and types of criminal law, apply the

key principles to relevant cases, and discuss the impact of criminal activity on the individual and society.


4 The need for criminallaws and the

characteristics of an

effective law.

The general principles ofcriminal liability.

Types of crimes.

Discuss the need for criminallaw.

Review the features ofcrimes.

Discuss the principles ofcriminal liability and keyterms.

Use a case study to identifythe elements of a crime.

Students look at crimestatistics from

http://www.police.vic.gov.au

and identify the different

types of crimes. Students

analyse the statistics to

identify any trends.

Case study Textbook PC with internet access

Class participation anddiscussion

Case study Statistics activity
http://www.police.vic.gov.au/http://www.police.vic.gov.au/http://www.police.vic.gov.au/


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5 Types of crimes andrelated defences -

murder

Show students the CrimesAct. Look at how the Crimes

Actdefines homicide. Look at

the section on murderask

students to find the

definition. Examine the

common law definition ofmurder

Students consider a recentmurder case from the media.

Analyse this case with

reference to the definition of

murder. Also consider the

medias treatment of the case

and public sentiment.

Crimes Act Case Studies PC with internet

Class participation anddiscussion

Case study

6 Types of crimes and

related defences -manslaughter

Distinguish between murderand manslaughtercase

studies of the different types

of situations that may be

considered manslaughter

Students define the offencesof culpable driving and

infanticide

Review possible defences tomurder. Students prepare a

graphic organiser.

Textbook Case studies PCs with internet

Formal Assessment:fictional homicide case

studies where students

provide possible defences


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7 Types of crimes andrelated defences - other

crimes against the

person and crimes

against property

Law relating to assaultclass discussion.

Case study on the incidenceof knife crimestudents

refer to the fact sheet

Reducing Knife Carrying and

Knife Violence, by the

Federation of CommunityLegal Centres:

http://www.smartjustice.org

.au/cb_pages/fs_reducing_kn

ife_carrying_and.php

Sexual assault laws reviewand discussion.

Students complete a graphicorganiser on crime against

property.

Textbooks PCs with internet Class participation Case study

8 The criminalinvestigation process,

including police powers

and individual rights and

responsibilities in

dealing with police

The rights of police andindividual work through

the legal aid booklet.

Member of police comes intoclass and talks about rights

and responsibilities.

Discuss and documentlearnings from Police

presentation.

Legal Aid Police PowersBrochure

Class participation
http://www.smartjustice.org.au/cb_pages/fs_reducing_knife_carrying_and.phphttp://www.smartjustice.org.au/cb_pages/fs_reducing_knife_carrying_and.phphttp://www.smartjustice.org.au/cb_pages/fs_reducing_knife_carrying_and.phphttp://www.smartjustice.org.au/cb_pages/fs_reducing_knife_carrying_and.phphttp://www.smartjustice.org.au/cb_pages/fs_reducing_knife_carrying_and.phphttp://www.smartjustice.org.au/cb_pages/fs_reducing_knife_carrying_and.phphttp://www.smartjustice.org.au/cb_pages/fs_reducing_knife_carrying_and.php


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9 The criminal investigationprocess, including police

powers and individual

rights and responsibilities

in dealing with police

(continued)

Case study Wee Waa DNAtesting case with questions.

Complete as Think, Pair,

Share activity.

Stationery Case Study Formal Assessment: Preparea brochure aimed at young

people to tell them their

rights and obligations when

dealing with the police

Mid Semester Break

10 Sanctions under criminallaw and their

effectiveness

Discuss what the judge mustconsider when sentencing.

Prepare a Victim ImpactStatement from a recent

case.

Discuss a murder case study.Consider and sentence in

small group. Compare

sentences by marking them

on a chart. Then compare

with the actual sentence.

Discuss.

Cases for Victim impactstatement

Murder case study Chart for wall

Victim impact statement Class participation


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11 Sanctions under criminallaw and their

effectiveness continued

Use You Be the Judgewebsite.

Follow case studies, makejudgements and compare to

actual judgement.

Research some recentsentences. Discuss the

objectives of sanctions and

whether these are satisfied.

PC with internet Newspapers (or articles

online)

Class discussion andparticipation

12 Trends in crime,

sentencing and

recidivism

A comparison of oneaspect of sentencing in

Victoria with that of

another country

Students examine the issueof recidivism using the

Sentencing AdvisoryCouncils information on

Recidivism athttp://www.sentencingcouncil.vic.

gov.au/landing/about-

sentencing/sentencing-

statistics/adult-

prisoners/recidivism

Students conduct researchinto the way another country

sentences its criminals, such

as the use of the death

penalty in the United States

or Indonesia.

PCs with internet Quality of researchconducted
http://www.sentencingcouncil.vic.gov.au/landing/about-sentencing/sentencing-statistics/adult-prisoners/recidivismhttp://www.sentencingcouncil.vic.gov.au/landing/about-sentencing/sentencing-statistics/adult-prisoners/recidivismhttp://www.sentencingcouncil.vic.gov.au/landing/about-sentencing/sentencing-statistics/adult-prisoners/recidivismhttp://www.sentencingcouncil.vic.gov.au/landing/about-sentencing/sentencing-statistics/adult-prisoners/recidivismhttp://www.sentencingcouncil.vic.gov.au/landing/about-sentencing/sentencing-statistics/adult-prisoners/recidivismhttp://www.sentencingcouncil.vic.gov.au/landing/about-sentencing/sentencing-statistics/adult-prisoners/recidivismhttp://www.sentencingcouncil.vic.gov.au/landing/about-sentencing/sentencing-statistics/adult-prisoners/recidivismhttp://www.sentencingcouncil.vic.gov.au/landing/about-sentencing/sentencing-statistics/adult-prisoners/recidivismhttp://www.sentencingcouncil.vic.gov.au/landing/about-sentencing/sentencing-statistics/adult-prisoners/recidivismhttp://www.sentencingcouncil.vic.gov.au/landing/about-sentencing/sentencing-statistics/adult-prisoners/recidivismhttp://www.sentencingcouncil.vic.gov.au/landing/about-sentencing/sentencing-statistics/adult-prisoners/recidivism


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13 The impact of criminal

acts on individuals and

society

Alternative avenues forseeking compensation

for victims of crime

Brainstorm the possibleimpacts of a crime on the

individuals affected, the

legal system and the

community.

Look at the cost of crime andthe impact on victimsrefer

to VoCAT

PCs with internet Formal Assessment:Written test covering

o Sentencing andsanctions

o Trends in crimeo The impact of crime


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Area of Study Three The Criminal Courtroom

Outcome Three On completion of this unit the student should be able to describe the processes for the resolution of criminal cases,

and discuss the capacity of these processes to achieve justice.


14 The distinction between

summary offences and

indictable offences.

Reasons for a courthierarchy and an

overview of criminal

jurisdiction of courts in

the Victorian courthierarchy.

Bail, remand andcommittal hearings.

Role of court personnel.

Present students with anoverview of the court

hierarchy; in a discussion

with students, identify the

difference between an

indictable offence and a

summary offence and the

process of bail/remand and

committals in theMagistrates Court.

Students use a courthierarchy flow chart and

follow case studies throughthe court hierarchy.

Visit the courts and havestudents complete an

observation task and

identify the roles of courtpersonnel.

Textbook Court hierarchy flow

chart

Permission forexcursion to courts

Class participation anddiscussion.

Answers to case studies.


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15 Overview of the

adversary nature of a

criminal trial

Features of a fair trialand rights in criminal

proceedings guaranteed

by the Victorian Charter

of Human Rights andResponsibilities

The key features of theadversary trial are outlined

and students complete agraphic organiser.

Discussion of aspects of theVCHRR Actand how it

relates to criminal

proceedings. Students prepare a flow

chart outlining the criminal

trial process

PC Handouts Class participation anddiscussion.

Flow chart.

16 Role and operation of a

criminal jury

Advice and assistanceavailable through Legal

Aid

Students participate in amock process for selecting a

jury.

Students identify the keyaspects of the role of the juryin a criminal trial.

Students brainstorm thedifficulties that an individual

could experience if going to

court for a criminal matter.

Students prepare a brochureof the possible problems and

the sources of legal

assistance and legal aid.

Material for mock juryselection

Stationery Class participation and

discussion.

Brochure.


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17 Assessment Exam technique, questiontypes, sample questions and

answers.

Sample questions andanswers

Exam Formal assessment

written exam covering all

topics from AOS 1, 2, 3


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Summary Table Unit Two

Subject Legal Studies

Unit TwoYear Level Eleven

Semester Two

Source or

Framework

VCE Study Design Unit 1 & 2

Accreditation Period 2011 2015

Areas of Study 1. Civil Law2. The Civil Law in Action3. The Law in Focus4. A Question of Rights

Learning Outcomes 1. Explain the principles of civil law, law-making bycourts, and elements of torts, and apply these torelevant cases.

2. Explain and evaluate the processes for theresolution of civil disputes.

3. Explain one or more area/s of civil law, anddiscuss the legal systems capacity to respond to

issues and disputes related to the selected area/s

of law.

4. Describe an Australian case illustrating rightsissues, and discuss the impact of the case on the

legal system and the rights of individuals.

Assessments Assessments will be made each lesson by payingattention to student participation, questions and

discussion.

Other activities completed by students will becollected and assessed as required.

Written case studies in test format covering AOS1.

Students research recent recommendations forchange in the legal system and make a five

minute presentation to the class. Exam style written test with case study covering

AOS 2 & 3.

Students, working in small groups, research andprepare a class presentation on a significant

human rights case.


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Outline - Unit Two Issues in Civil Law

Area of Study One Civil Law

Outcome One On completion of this unit the student should be able to explain the principles of civil law, law-making by courts, and

elements of torts, and apply these to relevant cases.


1 NB

start this topic at theend of term 2.

The need for civil law Key principles of civil

law

The distinction andrelationship between

civil law and criminal law

Review the differencesbetween criminal and civil

law and identify the key

features of civil law.

Review the formal courthierarchydefine the

jurisdiction of courts in

dealing with civil matters.

Students collect newspaperarticles about civil cases and

identify the jurisdiction of

courts referred to in the

articles.

Newspapers PCs with internet Class participation Accuracy of identification of

civil jurisdiction in articles.


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2 An overview of law-making through the

courts

The operation of the doctrineof precedent.

Case study: Donoghue vStevenson, Grant v Australian

Knitting Mills

Discuss the role of courts ininterpreting legislation and

the relationship to precedent.

Practical interpretationexercise: look at the

application of school rules.

Textbook Case study material Case study work Class participation

3 Torts, includingnegligence, defamation,

and related defences

The principles of negligenceand case studies. Use case

studies on negligence to

illustrate how courts use

precedent

Possible defences. Homework and revision

exercises set for school

holidays.

Case studies Homework PCs with internet

Standard of case studies Class participation

Mid Year Break

4 Torts, includingnegligence, defamation,and related defences -

continued

Review the principles ofnegligence.

Case study: Schools andNegligence. Students examine

cases involving schools and

the application of the

principles of negligence.

Case study PCs with internet

Standard of case studies Class participation


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5 Torts, includingnegligence, defamation,

and related defences -

continued

Define the tort of defamation. Apply the principles of

defamation to case studies,

including issues surrounding

defamation on the Internet.

Case study: The Internet andDefamation.

Review possible defences todefamation

Case study PCs with internet Formal Assessment: writtencase studies in test format

covering AOS 1.

Area of Study Two The Civil Law in Action

Outcome Two On completion of this unit the student should be able to explain and evaluate the processes for the resolution of civil

disputes.


6 Purpose and operation ofcivil pre-trial procedures.

Discuss the stages leading upto the hearing of a civil

matter.

Prepare a flow chart toillustrate the process used in

court to hear a civil matter.

Textbook PCs with internet Class participation andunderstanding

Accuracy of flow chart

7 An overview of theadversarial nature of acivil trial.

Civil remedies and theirpurpose.

Conduct a mock trial of a civilcase.

Discuss the role of the jury inthe hearing of a civil matter.

Possible remedies for a civilaction.

Mock trial activityinformation

Textbook Involvement in mock trial.


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8 An overview of theadversarial nature of a

civil trial.

Students create sample pre-trial documents using the

Supreme Court website

templates.

Case study: Lights Out atBeacon View(see Legal Maze:

VCE Units 1 and 2, Macmillan,

2011, page 283

Textbook PCs with internet Case study information

Case study work Pre-trial documents

9 Difficulties faced byparties when attempting

to resolve disputes.

Methods of disputeresolution: mediation,

conciliation, arbitration

and judicial

determination.

Students brainstorm thedifficulties faced by parties

when attempting to resolve

disputes.

Identify the methods ofdispute resolution.

Examine the advantages anddisadvantages of each

method of dispute resolution.

Construct a graphic organiserregarding dispute resolution

methods.

Conduct a role-play on theuse of different dispute

resolution methods.

Case study informationfor role-play.

Participation in role play Accuracy and detail of work

completed.


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10 Difficulties faced byparties when attempting

to resolve disputes

continued.

Methods of disputeresolution: mediation,

conciliation, arbitration

and judicialdetermination

continued.

Class time to completeassessment.

PCs with internet Overhead projector Formal Assessmentstudents research recent

recommendations for

change in the legal system.

They make a five minute

presentation to the class.

Area of Study Three The Law in Focus Contract Law

Outcome Three On completion of this unit the student should be able to explain one or more area/s of civil law, and discuss the legal

systems capacity to respond to issues and disputes related to the selected area/s of law.


11 Introduction to ContractLaw.

Definition cards havestudents match cards with

definitions for contract law

terms.

Discuss and define key areasof Contract Law.

Have students identify all thecontracts in their everyday

life.

Definition cards Class participation anddiscussion


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15 A question of rights -continued

Discuss the role ofcourts in protecting

rights. Use the Tuckiar

case (Tuckiar v. The

King) to illustrate this

topic

Students design posters toillustrate the analysis of the

Tuckiar case.

PCs with internet Poster paper and

stationery

Quality of analysis.

16 A question of rights casestudy

the role of an individual or agroup in launching a test case

the facts and issues central tothe case, including the right(s)in question

the laws that apply to the case the outcome of the case and its

impact on the legal system and

the rights of individuals

conflicting attitudes in relationto the issues raised in the case

Students work in smallgroups on their assessmenttask for AOS 3.

PCs with internet Overhead projector Formal AssessmentStudents, working in small

groups, research and

prepare a class

presentation on one of the

following cases: Mabo,

Dietrich, Roach, R v. L

17 A question of rights: casestudy (continued)

Formal assessment workcontinued and presentationto class.

PCs with internetOverhead projector Assessment of presentationto class.


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Revision


18 Revision for end of yearexam.

Practice exam papersVCTAGraphic organisersQuizzesStudy cardsRevision questions

Revision materials Completion of practice exampapers and revision

exercises.


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Assessment

Assessment strategies during the units are contained in the table in theassessment column.

The following appendices contain the remaining assessment documents.

Appendix 1 Teacher Assessment Spreadsheet

Appendix 2 Self Assessment for StudentsAppendix 3 A SAC containing marking scheme and moderation


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Learning Activity

Activity One Simplified Mock Trial

This is a simplified version of a mock trial, recognizing that in Year 11 Legal

Studies, students will not have a detailed knowledge of the legal system and how

it works. This method also allows for students to work in small groups rather

than individually, which allows them to build their knowledge by working

together.

Allocate the class into three groups (you may need to do this twice if it is a large

class). Inform students that one group is the plaintiff, one the defence and one

the jury. The jury then gets sent from the classroom. Provide the jury with some

revision or other work to occupy them during this time (approximately 10

minutes) as we dont want them to hear anything which prejudices their decisionat the conclusion of the trial.

Provide scenario information to each of the plaintiff and defence teams. It is

important that the scenario be simple to understand and something that engages

the students interest. The scenario I suggest is that a student is warned about

using their mobile phone in class, they use it in class again and the teacher

confiscates it. The student then says some nasty and untrue things about their

teacher on Facebook, which circulates through the school. The teacher is suing

the student for defamation. The teacher is the plaintiff and the student the

defendant.

Each of these teams should work together to build their argument, and also come

up with some ideas they think the other team will use, and how they will refute

them. Each team comes up with their own witnesses (played by team members)

and what they will say. After some preparation time, the trial is ready to begin.

Write a running sheet of the process on the board. Bring the jury back into the

room.

The teams run through their evidence in the same order as a civil trial would be

conducted, including cross-examining and re-examining witnesses. The teacher

takes the role of the judge and ensures that due process in followed.

Following the trial, the jury members should retire to another room and discuss

the evidence put before them. The stronger case in their eyes should be

announced the winner of the trial. The jury should also allocate a financial

settlement, as they would in a real civil trial.


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Activity Two Write a Contract

Group students into small groups (2 3 per group), and attempt to mix socialgroups and abilities. Provide students with a scenario applicable to them, and

tell them they are to negotiate a contract with another party. They need to workas a team to come up with their selling points and the items they can bargain

with to come to an agreement for the contract. Some possible scenarios are: one

team is the management for an NBA player, another team represents an NBA

team. They need to negotiate a playing contract. They have both been given the

limits they can accept in their scenario.

After around five minutes discussing in their small group, tell the groups to meet

with their opposing team and negotiate an agreement. Tell them to take notes,

as they will next need to write up a formal contract.

Circulate through the class and facilitate this step. Ensure that each party is

providing items for negotiation and bargaining to get the best deal for their

entity. They should also allow for breach of contract.

Next, provide students with a contract template, and a sample completed

contract. Have students write their agreements into the contract.

As an extension activity, provide a further scenario where one party to the

contract breaches it. Have the students work through their contract and discuss

what the final outcome would be. Have students discuss their negotiations and

their contracts in front of the class at the conclusion of the activity.


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Assessment Rubric Write a Contract Activity

4 3 2 1

Team Work and

Co-operation

Worked

effectively and

constructivelywithin a small

group

environment.

Had a noticeable

effect of the

outcome of the

group.

Worked co-

operatively with

small group.

Needed to

contribute more

to the groupsoutput.

Had little

influence over

the work oroutput of the

group.

Content

Knowledge

Displayed a

comprehensive

and detailed

knowledge of the

contract process.

Displayed a good

knowledge of the

contract process.

Displayed some

knowledge of the

contract process.

Displayed little

knowledge of the

contract process.

ClassPreparation

and

Participation

Was wellprepared for

class and fully

participated in

all aspects of the

lesson.

Was reasonablywell prepared.

Participated in a

satisfactory

manner.

Was mostlyunprepared for

class. Was not

fully involved in

learning activity.

Was unpreparedfor class. Was not

at all involved in

learning activity.

Completed

Contract

(written

component)

The document

demonstrates an

excellent

knowledge of the

topic.

The document

shows a good

working

knowledge of the

topic.

The document

shows some

knowledge of the

topic.

The document

shows that

further work is

needed to fully

understand this

topic.

Presentation to

Class

(oral

component)

Spoke clearly

and with

excellent

knowledge of

contracts.

Spoke

reasonably

clearly and with

good knowledge.

Spoke unclearly.

Showed some

knowledge of

contracts.

Spoke very

unclearly or not

at all. Showed

very little

knowledge of

contracts.

Comments


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Appendices

Appendix 1 Teacher Assessment Spreadsheet

Appendix 2 Self Assessment for Students

Appendix 3 SAC containing marking scheme and moderation

year 11 legal studies unit guide

Documents