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This introductory session covers the basics of legal studies including the definition of law, source work, and understanding the legal system. Students will explore key legal concepts, sources of law, and classification of laws with a focus on law reform in action. The importance of the rule of law, the relationship between legal institutions, and influences on the Australian legal system will be emphasized. Through case studies and discussions, students will delve into the significance of law in society and its role in maintaining order and justice. This lesson sets the foundation for a deeper understanding of legal principles and the functioning of the legal system.
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The Legal System Introduction to Legal Studies Mr Scully Preliminary Legal Studies
Outcomes for this Lesson - • Understand the requirements of the HSC for this topic. • Define the term “Law”. • Conduct source work.
Welcome to Legal Studies! • Senior Studies – New study focus, new relationship • Time Management – Set a diary! • G12 – Read “Class Rules” sheet! • Expectations – treat your peers, the room and the course with respect, and we’ll have a great 2 years!
Key Documents • Scope and Sequence • Assessment Schedule • Syllabus Documents – Excerpts (cut down)
Important Fine Print... • Syllabus Stuff – • Principal Focus: Students develop an understanding of the nature and functions of law through the examination of the law-making processes and institutions. • Themes and challenges to be incorporated throughout this topic: • the need for law in the operation of society • the importance of the rule of law for society • the relationship between different legal institutions and jurisdictions • the development of law as a reflection of society • influences on the Australian legal system. The “Principal Focus” in a syllabus normally give you the basis for a HSC Question....
Module 1 – Basic legal concepts • meaning of law • customs, rules and law • values and ethics • characteristics of just laws • nature of justice: • equality • fairness • access • procedural fairness (principles of natural justice) • rule of law • anarchy • tyranny
Module 2 – Sources of contemporary Australian law common law • British origins, including: • development of common law • equity, precedent • adversarial system of trial • court hierarchy, including jurisdiction of state and federal courts Statute law • • role and structure of parliament • • legislative process • • delegated legislation The constitution • division of powers • separation of powers • role of the High Court
Module 2 – Sources of contemporary Australian law common law (continued) Aboriginal and Torres Strait Islander Peoples’ customary laws • diverse nature of customary laws • spiritual basis, significance of land and water • family and kinship • ritual and oral traditions • mediation and sanctions • relevance to contemporary Australian law International law • differences between domestic and international law • state sovereignty • sources, including: • international customary law • instruments (declarations and treaties) • legal decisions, writings • role of various groups and organisations • relevance to contemporary Australian law
Module 3 – Classification of law • public law • criminal law • administrative law • constitutional law • private law (civil law) • contract law • tort law • property law • criminal and civil court procedures including legal personnel • common and civil law systems
Module 4 – Law reform • conditions that give rise to law reform including: changing social values, new concepts of justice, new technology • agencies of reform including law reform commissions, parliamentary committees, the media, non-government organisations • mechanisms of reform including courts, parliaments, United Nations intergovernmental organizations • Module 5 – Law reform in action • Topic A - native title • Topic B - a contemporary law reform issue
What is the Law? • In general terms, the law can be defined as a set of enforceable rulesof conduct which set down guidelines for relationships between people and organisations in a society. The law provides methods for ensuring the impartial treatment of people, and outlines punishments for those who do not follow the agreed rules of conduct. Despite the fact that it often seems to be playing catch-up, the law attempts to keep pace with our ever-changing society.
What is the Legal System? • When we discuss ‘the legal system’, we are referring to the system in place for interpreting and enforcing laws. This involves the creation of laws, knowledge of laws and enforcement of laws.
Discussion • Why do people have different views on the law and people who enforce it? • Why is law necessary? Give an example of when law has broken down and the consequences. • What are the advantages and disadvantages of having laws? • Why do people obey the law?
