Legal Studies (2007) Senior External Syllabus · Senior External Syllabus . ISBN: 978-1-920749-43-9 . Legal Studies syllabus for the Senior External Examination . ... • use legal

Legal Studies

Syllabus for the Senior External Examination

2007 (amended 2009 and 2017)

Senior External Syllabus

ISBN: 978-1-920749-43-9

Legal Studies syllabus for the Senior External Examination

To be used for the first time in 2008 for the Senior External Examination in Legal Studies

© The State of Queensland (Queensland Studies Authority) 2007

Queensland Studies Authority, PO Box 307, Spring Hill, Queensland, Australia 4004 Phone: (07) 3864 0299 Fax: (07) 3221 2553 Email: [email protected] Website: www.qsa.qld.edu.au

mailto:[email protected]

http://www.qsa.qld.edu.au/

Contents 1. Rationale ............................................................................................................ 1

2. Global aims ........................................................................................................ 2

3. General objectives ............................................................................................. 3 3.1 Introduction .............................................................................................. 3 3.2 Knowledge and understanding ................................................................ 3 3.3 Investigation ............................................................................................. 3 3.4 Evaluation ................................................................................................. 4 3.5 Communication skills ............................................................................... 5 3.6 Attitudes and values ................................................................................. 5

4. Methodology ...................................................................................................... 6

5. Organisation ...................................................................................................... 7 5.1 Time allocation ......................................................................................... 7 5.2 Structure of the subject ........................................................................... 7

6. Learning experiences ........................................................................................ 9 6.1 Suggested learning experiences ............................................................. 9

7. Areas of study .................................................................................................. 11 7.1 The Legal System ................................................................................... 12 7.2 Crime and Society .................................................................................. 14 7.3 Civil Obligations ..................................................................................... 15 7.4 You, the Law and Society ....................................................................... 20 7.5 Law in a Changing Society .................................................................... 32

8. Assessment ..................................................................................................... 34 8.1 Summative assessment ......................................................................... 34 8.2 Special consideration ............................................................................. 36 8.3 Exit criteria .............................................................................................. 36 8.4 Awarding levels of achievement ............................................................ 36

9. Resources ........................................................................................................ 40 QSA website ..................................................................................................... 40 Electronic media and learning technology .................................................... 40 Newspaper reports .......................................................................................... 41 Organisations and community resources. ..................................................... 41 Periodicals ....................................................................................................... 41 Textbooks and reference books ..................................................................... 42 Websites ........................................................................................................... 42

Summary of syllabus amendments January 2017 Syllabus section 2017 Update

Section 5: Organisation

Section 8: Assessment

5.2 Addition to table 2 to cover topics from 2016 to 2020

8.1.2 Paper 2 Part B. Addition to table to cover topics from 2016 to 2020.

The following topics were added to the existing table:

2016 Jobs

Technology

2017 Family

Sport

2018 Jobs

Consumers

2019 Family

Rights and Responsibilities

2020 Jobs

Technology

LEGAL STUDIES SENIOR EXTERNAL SYLLABUS

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1. Rationale

Individuals and groups in Australian society face many significant legal and social issues. To deal with these issues, people need to be informed of their legal positions, rights and responsibilities. They need to be able to investigate and understand the Australian legal system and how it affects their basic rights, obligations and responsibilities. Informed citizens are better able to constructively question and contribute to improvement of laws and legal processes.

By studying Legal Studies, candidates should have an enhanced ability to recognise diverse legal situations and issues that arise in their everyday lives. These situations and issues often have legal implications that affect the rights and obligations of the candidates and other community members. By examining historical and social factors that have led society to create a legal system, candidates will gain knowledge to understand legal frameworks that regulate and shape our society. Legal Studies enables candidates to formulate personal views of the world and understand how the law affects their world. Through critical analysis, examination and problem solving, they are empowered to make decisions that may benefit them as individuals and the community.

Throughout their studies, candidates will collect, organise, analyse and synthesise information and evaluate its quality and validity. Candidates will generate data through inquiry and observation, to comment on the social relevance of law in local and global communities. They will attempt to solve problems and propose resolutions to legal issues encountered in society. Candidates will comment on the effectiveness, adequacy and appropriateness of legal outcomes and will be involved in communicating ideas, information, opinions, arguments and conclusions, in a variety of formats and for a variety of audiences. Opportunities exist for the development of mathematical ideas and techniques, particularly accessing and manipulating data. Through their learning experiences, candidates will use a variety of technologies.

Legal Studies is principally intended to help candidates develop knowledge, skills and attitudes to enhance their ability to participate as informed, proactive and critical members of society. Candidates are encouraged to understand the impact of the law, the legal system and legal processes in their daily lives. The immediate relevance of study to candidates’ lives should promote and motivate candidates to make constructive assessments and informed commentaries on the law, its system and its processes, from practical and constructively critical social perspectives.


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2. Global aims

Candidates should: • understand the structure and operation of the legal system, enabling them to participate as

informed and responsible community members • be aware of their legal rights and responsibilities • be aware that legal rights and responsibilities are related to attempts to balance competing

interests, values and beliefs • develop a functional knowledge of the interrelationship of individuals, society and laws • recognise social situations with personal legal implications • develop strategies to examine social and legal issues • understand the continually changing nature of laws and legal processes, and how this

impacts on decisions about social and legal issues • be able to explore and critique controversial social and legal issues • propose justifiable responses to problematic social and legal issues • appreciate interdependence of local, national and global legal issues.


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3. General objectives 3.1 Introduction

The general objectives have been specified in terms of the Attitudes and values, Knowledge and understanding, Investigation, Evaluation, and Communication skills that candidates should acquire in senior Legal Studies.

These objectives should be read in conjunction with the exit criteria (see Section 8.3). 3.2 Knowledge and understanding

Knowledge and understanding refers to retrieving and comprehending information. Candidates should be able to: • make statements of specific knowledge based on recall and/or research • describe and explain key legal concepts, including structures, processes and principles • recognise legal issues related to particular social situations • use examples to illustrate knowledge.

3.3 Investigation Investigation refers to candidates’ ability to examine legal situations and issues.

Candidates should be able to: • analyse situations and information to identify legal issues and problems • select and apply relevant legal principles and procedures • identify a range of relevant legal responses to issues raised.

For example, candidates may be required to: • define key legal terms • describe aspects of Australia’s legal system • identify the main elements of law to be applied in various situations • explain the purpose of laws in protecting the various interests in society • describe courses of legal action available for resolving common situations of conflicting

interests • recognise similarities and differences in legal processes • list sources of legal and law-related information • demonstrate knowledge of their basic legal rights and responsibilities.


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3.4 Evaluation Evaluation involves candidates critically reviewing the law’s attempts to achieve just, fair and equitable outcomes to issues.

Candidates should be able to: • synthesise and critique stakeholders’ responses to legal issues • draw conclusions as to the suitability of legal outcomes and their social implications • take and justify a reasoned stance on legal issues.

For example, candidates may be required to: • identify conflicting/competing interests of stakeholders in common legal situations • select sources of relevant legal information • interpret data to identify trends and issues • analyse and apply the law to specific situations • examine the origin and development of conflicting/competing interests within society • compare and contrast how parties’ conflicting/competing interests are approached and/or

resolved by the law • distinguish situations where there may be more than one possible course of legal action • develop reasoned responses to specific legal situations • apply a progression of steps to reach an answer.

For example, candidates may be required to: • discuss common legal and social issues, providing convincing material for definite and

detailed opinion • critically review the social impact of legal principles • propose, plan and assess courses of action, conclusions and solutions to legal and social

issues • use rational and objective judgment in relation to legal and social issues • evaluate strengths and weaknesses of public policies and/or particular attempts to resolve

conflict • make recommendations for action • make and justify (provide sound reasons or evidence to support) decisions about the

appropriateness of actions, conclusions and solutions, with regard to legal and social issues • structure extended responses that allow discussion of legal issues in a social context • examine social attitudes and practices in situations of legal conflict.


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3.5 Communication skills Communication skills involves the collection and presentation of information for intended audiences.

Candidates should be able to: • organise and present information effectively, using written formats that are grammatically

and technically correct • use legal and law-related terminology, definitions and documents proficiently • use appropriate forms and styles of written communication within a variety of conditions,

situations and contexts.

3.6 Attitudes and values These affective objectives refer to the feelings, sensitivities, beliefs and ethics that Legal Studies aims to develop. Candidates should become flexible, curious and open-minded individuals who can make valuable contributions in a changing world.

At the end of study, candidates should demonstrate willingness to: • examine the ethical and social implications of legal issues • empathise with alternative points of view • recognise and appreciate that, while laws are made to serve society, they must be adaptable

to meet society’s changing needs and situations • clarify their own attitudes, ethics and values towards law as a social institution • respect the legal system, law-making and law enforcement • use laws wisely for the benefit of themselves and others • examine and clarify their own opinions and attitudes to legal and social issues needing

resolution • participate in society as active, informed and competent citizens.

For example, candidates may be required to: • select and use sources of legal information • organise information • communicate using suitable formats for presenting information • acknowledge and reference sources of information, using accepted conventions.


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4. Methodology

The methodology provides a framework for learning in Legal Studies, underpinning each area of study and associated subject matter, and supporting candidates to realise the objectives of the subject.

It can be used as a problem-solving strategy in any aspect of the subject.


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5. Organisation 5.1 Time allocation

For teaching centres preparing candidates for the external examination, the recommended number of hours for tuition in the subject developed from this syllabus is 130 to 150 hours. The time allocation suggested provides a guide for the effective planning of learning experiences.

Time allocation depends on the method of study. Candidates who elect to study without systematic tuition must organise their time according to syllabus requirements and individual circumstances.

5.2 Structure of the subject

Legal Studies focuses on five areas of study. There is no prescribed order in which these must be studied, but it is recommended that The Legal System be studied at the beginning of the subject, and Law in a Changing Society be studied at the end. Two topics should be studied from You, the Law and Society as nominated in Table 2. Table 1: Areas of study

Area of study Focus The Legal System How does our legal system meet society’s needs? Crime and Society What is crime? How should society and the criminal justice system

respond to it? Civil Obligations How does civil law impact on citizens in a society?

(i) Agreements (ii) Civil wrongs (torts) For example, renting and buying — How does the law regulate the buying, selling and renting of real property and what rights and obligations exist for the parties involved?

You, the Law and Society (Select the TWO nominated topics for the examination year as per Table 2)

Topic 1. Jobs — How does the legal system balance the rights and responsibilities of employer and employee? Topic 2. Sport — What influence does the law have on sport? Topic 3. Family — How does the law recognise and regulate family relationships? Topic 4. Consumers — How does the law regulate consumer transactions? Topic 5. Technology — How does the law keep pace with technological developments? Topic 6. Rights and Responsibilities — Does the legal system properly balance the rights and responsibilities of individuals, groups and the community?

Law in a Changing Society What is, or should be, the role of law in society?

The nominated topics from You, the Law and Society to be studied for each year from 2008 to 2020 are listed in Table 2.


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Table 2

2008 Jobs

Technology

2009 Family

Sport

2010 Jobs

Consumers

2011 Family


2012 Jobs

Technology

2013 Family

Sport

2014 Jobs

Consumers

2015 Family


2016 Jobs

Technology

2017 Family

Sport

2018 Jobs

Consumers

2019 Family


2020 Jobs

Technology


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5.2.1 Subject matter In each of the areas of study, recommended subject matter is provided for candidates to acquire the understandings listed. Recommended subject matter should be studied by candidates.

5.2.2 Understandings Understandings are generalisations and concepts that candidates should develop about each area of study.

During the study of Legal Studies, candidates should develop these understandings from the recommended subject matter.

To successfully achieve the understandings, candidates should be involved in learning activities based on common legal situations.


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6. Learning experiences

Candidates need to be involved in learning experiences that reflect the active and practical nature of the course. The understandings outlined in this syllabus need to be presented and/or experienced in such a manner that they can be applied to candidates’ daily lives.

Candidates should develop abilities to understand and evaluate realistic legal situations through learning experiences. They should develop their knowledge and skills in factual situations and express informed opinions about legal decisions related to these common social situations.

Caution: Care should be taken in the provision of specific legal advice and interpretation of legal issues. Candidates should be aware that specific legal advice should be obtained from a suitably qualified and accredited legal practitioner.

6.1 Suggested learning experiences

Legal case method Individual legal cases (real or fictitious) could indicate how legal principles can be developed and applied. Candidates should examine the facts, issues and arguments, decisions and their reasons, and the implications of a case.

Case study The case study approach uses the legal case method approach, but usually examines several cases over time to establish the circumstances leading to the development of the law or legal precedents. Case studies provide opportunities to develop problem-solving strategies.

Roleplay and simulations Roleplay and simulations add reality to legal situations. Candidates can record and later examine their simulation of legal conflicts as they further develop their legal knowledge.

Debates and discussions Debates and discussions provide a means for candidates to express and argue their points of view about legal issues and conflicts. Candidates should contribute, listen carefully, and present logical arguments.

Statistics and data analysis Statistics in a variety of formats are available through government authorities and other research institutions. Data analysis is useful for showing trends over time.

Collection and interpretation of newspaper and journal articles Candidates may use this activity when investigating issues.


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Audiovisual and television DVDs, videos and television programs provide a focus and a stimulus for candidate discussion and debate.

Using the internet Candidates are encouraged to use the internet, not only as a resource to access information, but also to establish networks where they can learn to work in a team and through active participation.

Some useful website addresses appear in the Resources section of this document.


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7. Areas of study

The tables that follow provide details of understandings and recommended subject matter for each area of study.

Recommended subject matter should be studied by candidates.


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7.1 The Legal System

How does our legal system meet society’s needs?

Introduction This area of study aims to increase awareness of the legal system. The law is part of daily life. It aims to regulate how individuals and groups behave by establishing rights and responsibilities. The law is constantly changing to reflect values within society. Informed and active citizens should understand and respect the law, reflect on laws and seek change to benefit society.

Understandings Recommended subject matter

Laws and social rules may be different. Individual behaviour is moderated by a network of values, rules and laws. Laws have been created to maintain social stability while recognising the rights and responsibilities of individuals. Justice involves the balanced application of values and formal legal processes. The legal system attempts to balance the interests of stakeholders. The law often changes to reflect shifting social values. There are several sources of law. The legal system gives some recognition to customary law of Indigenous Australians. Parliaments are the main sources of law within the framework of Commonwealth and state constitutions. Society expects parliaments to make laws that reflect community values and priorities through the process of representative democracy. Parliamentary law is supreme but is subject to interpretation and application by the judiciary. Judges make common law when they decide particular cases, creating precedents. Courts and tribunals exercise judicial and administrative powers involving a range of procedures and personnel. Society uses the law to determine disputes. The legal system aims to protect individuals and maximise access to justice. The media impacts on perceptions of justice and the law. The adversarial system used in our courts can exacerbate legal disputes. There are various means of resolving legal disputes, including alternative dispute resolution.

Why have laws? • what is law and how does it develop? • whose interests are served by the law? • what are the benefits and limitations of the legal

system?

What are the sources of law? • common law

− courts − the role of the judiciary in law making: the doctrine

of precedent, statutory interpretation • Commonwealth and state constitutions

− distribution of legislative powers − separation of powers − High Court interprets the constitution

• state and federal parliaments − local and global influences on law making − how laws are made: the passing of an Act − electoral system

• subordinate and local authority legislation • customary law.

How are disputes resolved? • agreements between parties • third party intervention

− alternative dispute resolution − courts (hierarchy and jurisdiction) − tribunals − ombudsman.

How are decisions reviewed? • appellate jurisdiction • judicial and administrative reviews.

What are the roles of legal personnel? • who are they and what do they do?

How and why does the law change? • social pressures by individuals and groups • repeal, modification or enactment of legislation • role of the courts.

What current legal issues relate to the legal system? Examine topical issues such as media scrutiny, sentencing, judicial workload, legal aid, role of parliament, and community awareness of legal processes.


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The Legal System

Suggested learning experiences Candidates may: • conduct a brainstorming activity on a key question such as “Why have laws?” • use stimulus material, such as a video, guest speaker, cartoon or book extract, to promote

discussion • use the continuum strategy to promote discussion on viewpoints such as “Every member of

society should conform to rules based on majority rules” • survey opinions on the topic “Are we over-governed?” • explore various viewpoints on a selected topic • debate the question “Who really has power in our society?” • propose a problem and discuss possible solutions • roleplay the processes for mediating disputes • critique a set of rules and make a proposal about how rules can be changed • investigate media reports on a current legal issue • visit a court to investigate court personnel and proceedings, or do a virtual tour online • undertake a parliamentary visit to investigate proceedings, or explore the website • contact legal organisations to identify resources for use in Legal Studies • investigate alternative dispute resolution forums • develop a list of legally related local environment issues or topics • read various webpages of political and legal organisations • compare and contrast the adversarial and the inquisitorial systems • investigate the conditions attached to gaining legal aid.


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7.2 Crime and Society

What is crime? How should society and the criminal justice system respond to it?

Introduction

This area of study aims to increase awareness of the complexity and limitations of the legal system when responding to criminal activity. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.


Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order.

Individuals and groups seek more powers to combat crime and its increasing sophistication. This creates conflict with those who seek to protect individual liberties.

Criminal offences are public wrongs, usually involving harm to person or property, and in most cases the state initiates criminal prosecutions.

A person is presumed to be innocent until proved guilty. The onus of proof is on the prosecution and the standard of proof is “beyond reasonable doubt”.

Serious criminal offences normally require proof that the offender intended to commit the forbidden act. However, some offences involve strict liability regardless of intention.

Court procedures and rules of evidence have evolved to provide an accused person with a fair trial.

Criminal trials are generally conducted in open court, allowing public and media scrutiny without prejudicing a fair trial.

In Queensland, offences are found in statutes, unlike some other states.

There is a range of defences to justify or excuse criminal conduct. Society’s view of the validity of these defences may change.

Sentencing should balance notions of rehabilitation, deterrence, retribution, restitution and compensation.

What is criminal conduct?

What are the basic elements of criminal law? • presumption of innocence • onus and standard of proof • sources of Queensland criminal law.

What are rights of citizens and the powers of police? • the powers of arrest, detention, search and

seizure • the right to silence • watch-house and bail procedures.

How are criminal matters prosecuted? • committal and summary proceedings • trial by judge and jury • legal representation.

What are types of offences? • against person, property and public interest.

What defences and excuses are available to accused persons?

What are the consequences of conviction? • theories of punishment and sentencing • types of sentencing orders • children as offenders • criminal record • restitution and compensation.

What current legal issues relate to criminal law? Examine topical issues such as dangerous driving, truth in sentencing, mandatory sentencing, stalking, sexual offences, terrorism offences, victims’ rights, rights of the accused, child abuse, domestic violence, corporate crime, crime and technology, juvenile offenders, using technology in evidence, specialised courts (such as the Children’s Court, Drugs Court, Murri Court).


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Crime and Society

Suggested learning experiences Candidates may: • explore viewpoints on the role of the media in shaping the community’s views of law and

order • sort and form categories for offences • debate or research law-related issues or questions:

− the legal system protects the accused at the expense of the victim − treatment of convicted criminals is too lenient − the victims’ rights movement has gone too far − the death penalty should be imposed for certain offences − punishment should fit the crime − civil liberties versus police powers

• roleplay watch-house procedures, a motor vehicle accident, or committal proceedings • prepare an oral presentation of an issue related to a media report • examine statistical data to identify criminological and sociological trends • as a listening activity (video, guest speaker), note the key points raised, and respond to the

stimulus in the form of a letter to the editor • explore candidate/teacher viewpoints on the role of the media in shaping the community’s

views of law and order • create a folio of newspaper articles related to criminal law • survey candidates’ attitudes towards crimes and their consequences • visit a court to follow criminal proceedings • visit a police museum • interview an expert on a criminal law issue • prepare a short submission for the Law Reform Commission on an area of criminal law

requiring reform; interview people to assess community attitudes and opinions on sentencing.

7.3 Civil Obligations

How does civil law impact on citizens in a society? This area of study is divided into two topics: Agreements, and Civil Wrongs (Torts).

7.3.1 Agreements

Introduction

This topic introduces the general principles affecting day-to-day transactions, the formation of agreements (contracts) and remedies for breaches, such as those that may occur during renting or buying accommodation. Both the common law of contract and statutory protection provide consumers with remedies. (This topic also relates to consumer law in You, the Law and Society.)


Most agreements are enforceable by law; mere What constitutes an enforceable agreement?


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social agreements are not. Some agreements must be in writing or comply with other formal requirements.

The law usually allows parties to an agreement to decide the terms of their agreement.

Exclusion clauses attempt to limit or remove liability under an agreement.

Courts give assistance to resolve disputes between parties to an agreement.

Courts may not recognise or enforce certain agreements if there has been fraud, illegality, misrepresentation, lack of capacity or unconscionable conduct.

Parties to an agreement may be entitled to use alternative dispute resolution processes.

Statutory bodies provide protection for consumers.

• intention to create legal relations • offer and acceptance • consideration • capacity (particularly of minors) • conditions and warranties • exclusion clauses • formalities and enforceability • unconscionability.

What are the remedies for breach of contract? • specific performance, damages, rescission,

injunctions.

What statutory protection is available to consumers?

How are disputes resolved? • self-help • legal advice • mediation, conciliation and arbitration • tribunals • consumer affairs authorities • courts.

What current legal issues relate to agreements? Examine topical issues such as imbalance of bargaining power, e-commerce, illegal contracts, government intervention, cooling-off periods, disclosure and accountability.


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Context for Agreements: Renting and buying

Renting and buying — How does the law regulate buying, selling and renting of real property? This part of the Agreements topic investigates the concept of real property as well as legal issues associated with renting or buying a dwelling. Rights, obligations and dispute resolution procedures will be explored.


The law recognises the right of individuals to have interests and estates in real property.

There are requirements under the law for parties who enter agreements for real property.

Homeowners and tenants have certain rights and obligations regarding their use of land and to others who are on or near their property.

Laws prescribe the rights and obligations of lessors, tenants and agents relevant to renting a dwelling.

The law provides a range of safeguards in an attempt to balance unequal bargaining positions between parties.

The law provides processes for resolving disputes through tribunals, agencies or the court system.

What is the range of interests in real property? • real and personal property • Torrens systems • co-ownership and interests in land • native title • strata title and bodies corporate • fixtures and fittings • mortgage and encumbrances.

What are the rights, obligations and procedures when buying, selling and owning real property? • roles and responsibilities of parties to property

transfer • costs involved in purchasing and selling • standard form contracts to balance rights and

interests of parties • importance of contract terms, searches and

reports • rights and obligations between neighbours and

others.

What is involved in renting a dwelling? • accommodation options • legal procedures for entering, using and

leaving rented premises • rights and obligations of lessors, tenants and

agents • documentation related to renting a dwelling • role of the Residential Tenancy Authority • remedies available to parties in dispute.

What current legal issues relate to renting and buying? Examine topical issues such as taxes, renting rooms, hostels and boarding houses, tenants’ database, caravan parks, holiday accommodation, balance of rights and responsibilities.


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Agreements

Suggested learning experiences Candidates may: • conduct a brainstorming activity on a key question such as “Why do we have agreements?” • debate the statement “Agreements help the operation of a self-regulating social order” • examine a range of common legal agreements and identify their key elements • review the adequacy of existing statutory protection for consumers • examine different types of agreements such as those relating to concert and movie tickets • discuss scenarios about common consumer complaints and suggest resolutions • roleplay the processes for mediating disputes • make an oral presentation of issues related to a media report • pose a problem with preparation of individual solutions • write a contract for a particular purpose • identify advantages and disadvantages of various agreements • examine a range of advertisements and their legal implications for consumers • examine exclusion clauses, and refund and exchange policies in various stores and

entertainment venues • search the internet or another source to collect examples of contracts being used in the

community.

Context for Agreements: Renting and Buying

Candidates may: • debate issues associated with land ownership or renting such as “that legislation is unfairly

balanced towards tenants” or “that the state should have the right of resumption of land for public benefit”

• discuss how to resolve neighbourhood disputes; roleplay different disputes • survey candidates regarding neighbourhood disputes and discuss the outcomes of situations • complete a condition report for a dwelling • research procedures involved in renting and buying a dwelling • complete documents required for renting a dwelling • complete documents required for buying a dwelling • investigate the role and responsibilities of real estate agents • consider the range of accommodation types used by candidates, their locations and

conditions in terms of legal agreement • investigate legal issues associated with “schoolies’ week” accommodation • discuss candidates’ housing needs • investigate options available for housing for select groups, for example the disadvantaged,

victims of domestic violence, backpackers and older people • scan local papers to investigate the range of housing available • investigate the zoning and local council regulations for types of buildings, pool fencing and

local topics of interest • visit the local council office to investigate types of buildings and their regulations • research the requirements of parties involved in purchasing a home or renting a flat • investigate what legislation exists to ensure that home owners and renters are protected • investigate what a body corporate does and comment on the effectiveness of this method of

property regulation.


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7.3.2 Civil Wrongs (Torts)

Introduction This topic introduces the concept of civil wrongs, and deals with the rights and remedies available to individuals if they suffer injury, loss or damage as a result of the acts or omissions of others.


Society requires individuals to make reparations for harm inflicted carelessly or intentionally.

Laws governing a variety of torts such as trespass, nuisance and false imprisonment seek to protect individual interests.

Negligence is the most common tort.

Liability in negligence arises when duty of care is breached and injury, loss or damage results.

Individuals are entitled to expect protection from the consequences of negligence.

Individuals who voluntarily run the risk of injury or contribute to their own injury due to a lack of care may forfeit compensation or have it reduced.

Both fault and no-fault systems exist for compensation.

Individuals keeping dangerous things must accept liability regardless of whether or not they are at fault.

Individuals may be vicariously liable for acts of their servants or agents.

The law of defamation seeks to balance protection of reputation and freedom of speech.

What is a tort? The nature of a tort and its distinction from crime and contract.

What are the elements of negligence? • duty, breach and damage.

What are some aspects of negligence? • negligent situations relating to motor vehicles,

products and advice • vicarious liability.

What are the defences to negligence? • contributory negligence • acceptance of risk.

What are some other torts? • strict liability, nuisance, trespass, false

imprisonment • defamation.

What are some remedies for tort? • damages, injunctions, apologies.

How are injured people compensated? • the role of insurance • no-fault compensation schemes • adequacy of compensation.

What current legal issues relate to torts? Examine topical issues such as no-fault compensation schemes, duty of care, privacy, insurance crisis, technology and defamation, freedom of speech.

Civil Wrongs (Torts)

Suggested learning experiences

Candidates may: • discuss “community nuisance and noise” • discuss with a solicitor or barrister various aspects of defamation, negligence, strict liability,

or liability for occupiers and owners of property • investigate a case study or issue such as responsibilities of dog owners • roleplay a civil procedure, focusing, for example, on what to say after a motor vehicle

accident, or personal or property damage • brainstorm and make lists of consequences of negligent acts • collect cartoons about tort situations • compare case studies involving negligence, defamation, or compensation for injury • prepare an oral presentation of issues relating to a media report


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• review a video or film involving a tort • compile a media file of legal outcomes resulting from civil disputes; decide whether a

balance exists between protection of parties and making parties responsible • investigate potential negligence situations involving motor vehicles, and the possible

consequences • discuss opinions about the meaning of defamation, consequences and exceptions • use the internet to locate examples of communication that illustrate freedom of speech and

possible defamation; write an article advocating the need to balance freedom of speech and the need to protect people’s reputations

• evaluate reforms to defamation laws and implications for stakeholders • collect newspaper articles about various torts; review media reports about compensation

payments in common legal situations • interview workplace health and safety officers to determine what safety procedures are in

force in workplaces • investigate insurance costs for a variety of situations • visit a local shopping centre and look for potential negligence situations • informally survey opinions about views on parliamentary privilege and defamation • conduct an interview with an employer to determine their views on vicarious liability • research defamation cases involving Australian celebrities • research possible solutions to potentially tortious situations in the community.

7.4 You, the Law and Society

Two of the following topics should be chosen from the area of study You, the Law and Society, as indicated for particular years in Table 2.

You, the Law and Society will be assessed in Paper 2 of the external examination. Candidates will complete a Prepared task during study, and examination questions will relate to this task. Candidates will be informed of the requirements of the task early in the year. (See Section 8.1.2 for further information.)

7.4.1 Jobs How does the legal system attempt to balance the rights and responsibilities of employer and employee?

Introduction

This topic aims to create an awareness of rights, obligations and responsibilities in the workplace. It introduces the system under which wages and conditions of employment are determined, and examines the roles of employers, industrial organisations, individual employees, state and Commonwealth governments, and the community in this system.


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Australian workplaces are dynamic and changing in the face of technology, globalisation, competition and the need for flexibility and efficiency.

The legal system attempts to balance the interests of employers and employees.

Historically, minimum workplace standards and conditions have been controlled by government policy, legislation and regulation through the award system.

Salaries, wages and conditions are determined through an interaction between government policy, employers and employees.

Common law plays a significant role in the resolution of problems in the workplace.

Key participants in the industrial relations system can include employers and employer organisations, employees, trade unions, peak councils, governments and tribunals.

Legislation exists to deal with specific issues of safety, fairness, privacy, discrimination and welfare related to employment.

Support may be available to those who do not participate fully in the workforce.

A just workplace is one where individuals are aware of their rights and responsibilities and are able to assert these.

What are the trends in the world of work? • casual work • contracting and outsourcing • flexible work practices • job mobility • the effect of government policy • ageing workforce.

What are the different types of individual employment or workplace agreements with various types of employers? • employee, independent contractor or self-employed,

full time, part time, casual/temporary, permanent employment

• awards • apprenticeships and traineeships • piecework • individual and collective agreements.

What are the rights and responsibilities of employers and employees? • common law duties such as confidentiality • freedom from sexual harassment • freedom from discrimination.

Termination of employment arrangements • rights and responsibilities • tribunals and commissions • redundancy • unfair/unlawful dismissal.

How are workers’ health and safety protected at work? • workplace health and safety legislation • workers’ compensation and common law remedies.

What current legal issues relate to the world of work? Examine topical issues such as rights and responsibilities of the unemployed, workplace training, bargaining power of participants, casualisation of the workplace, workplace bullying, workplace stress, guest workers, work–life balance.

Jobs

Suggested learning experiences

Candidates may: • view a video referring to the settlement of an industrial dispute • draw a concept web of their understanding relating to jobs and the law • research a case study about discrimination in the workplace (women, Indigenous people,

people with disabilities, aged persons) and compile their findings, including statistics • discuss the need for confidentiality, loyalty and the work ethic • prepare an oral presentation of an issue related to a media report • prepare a draft employment agreement or a workplace, collective or enterprise agreement • prepare a chart showing the process by which an award or enterprise agreement is made


23

• take notes of key points raised by a representative of a trade union and/or employer association invited to discuss the role of the law in the workplace

• set out the steps in the resolution of an industrial dispute — log of claims, negotiations, conciliation, arbitration

• organise a discussion with a workplace adviser regarding jobs and responsibilities • survey the safety aspects in a workplace and meet with the health and safety officer • visit Centrelink or a careers market • research current workplace issues, using industrial relations websites • investigate trade union membership.

7.4.2 Sport

What influence does the law have on sport?

Introduction

This topic investigates the interaction of the law with sport, reflecting on the extent and adequacy of current regulation of these areas.


Sport is part of society and increasingly attracts regulation by the legal system.

Changing values and the commercialisation of sport have increased legal implications for stakeholders.

The law creates rights and obligations for participants, coaches, officials and other stakeholders.

Dispute resolution is normally the responsibility of the relevant sporting organisation.

The court system (both civil and criminal jurisdictions) can also play an important role in resolving disputes in sport.

Individuals can seek compensation for injuries suffered through negligent or deliberate conduct on the sporting field.

The criminal law can intervene and prosecute cases of on-field violence.

Why is legal regulation of sport increasing? • professionalism in sport • media coverage • sponsorship and funding • sport as a commodity.

Who are the stakeholders in sport? • players/participants, player associations, player

managers, coaches, officials, administrators, occupiers, sporting associations, national and international sporting federations, event organisers, media, sponsors, governments and spectators.

How does civil law impact on sport? • contracts • negligence • trespass to the person • defamation • insurance • image management • discrimination.

What role does/should the criminal law play in sport? • extent of violence • range of offences • responsibilities of coaches and clubs.

What dispute resolution procedures exist? • tribunals and their powers • role of the courts • specialist bodies such as CAS, WADA • international bodies such as IOC, FIFA • adequacy/fairness of above procedures.

What current legal issues relate to sport? Examine topical issues such as restrictive contracts, salary caps, privacy issues, drugs in sport, ownership in sport, media rights in sport.


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Sport

Suggested learning experiences Candidates may: • investigate or debate topics such as:

− “that criminal law should not impact on sport” − “that there should be access to special courts of arbitration for sports, rather than using

common law courts” − “that discipline should be limited to the individual sporting bodies”

• collect and evaluate media articles regarding the rights and obligations of players and officials on and off the sporting field

• use stimulus material such as a video, guest speaker or cartoon to promote discussion of a sporting issue such as a disciplinary hearing

• investigate case studies from different sporting bodies • prepare a report on who owns, and is entitled to regulate, various sporting activities • examine the legal responsibilities of incorporated and unincorporated sporting organisations • prepare a case study on a current sporting incident or one in which the candidates have been

involved • read and critique a sporting contract • compile a folio of media reports • examine coach and club responsibilities in conducting a sporting activity • discuss whether society should demand or expect a higher level of responsibility of actions

from sporting identities than from other citizens • consider the implications of commercial sponsorship in sport • discuss with their coach legal issues related to their sport • watch a sporting event and identify and evaluate the potential legal exposure of all the

participants and supporters • investigate the controls placed on sportspeople who are contracted.


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7.4.3 Family

How does the law recognise and regulate family relationships?

Introduction This topic focuses on the family and how the law upholds certain rights and obligations that apply to family members. This is an inherently difficult area, as it attempts to deal with complex interpersonal problems. Matters pertaining to family relationships, care of children, family breakdowns and the role of wills may be studied.


Society has legal procedures and requirements for the recognition of a family unit.

Family law is sensitive to changing social, cultural, ethical and moral values.

Parents or other legal guardians of children have rights and are subject to obligations imposed by law. The state may intervene in circumstances when carers of children do not meet their obligations.

Rights and obligations of children vary depending upon their age and capacity.

The attitudes of society to divorce are reflected in simplified procedures and a sole no-fault ground for the dissolution of marriage.

The breakdown of a family unit generally involves redistribution of family assets, provision of financial support and arrangements for care and residency of children.

Counselling services are provided to help individuals in a family breakdown and to assist the court.

In disputes involving the care of children, the paramount consideration for the court is the welfare and best interests of the child.

The law gives individuals the right to make provision for the distribution of property upon death. The law also makes provision for people who die intestate.

There are limitations in the legal system’s ability to intervene in and resolve family disputes.

What is a family? • marriage • other types of personal relationships

recognised by the law • changing social values and family

relationships.

What roles and responsibilities arise in families? • parents, guardians and children • carers’ responsibilities • parental responsibility for the acts of their

children • age, legal capacity and responsibility.

What legal and social issues may arise in families? • domestic violence • child abuse • role of government agencies.

How does the law provide for dissolution of and changes in family relationships? • counselling and mediation • divorce • care, residence and financial support of

children • division of family assets • spousal maintenance • government and community services to

support family relationships.

What are the strengths and limitations of the legal system in resolving family disputes?

How does the legal system regulate the distribution of property? • powers of attorney • wills and intestacy • family provision.

What current legal issues relate to families? Examine topical issues such as surrogacy, cultural considerations, de facto and same-sex relationships, premarriage counselling, prenuptial agreements, role and resources of the Family Court, reproductive technologies, adoption, international covenants, bioethical issues, powers of attorney, advanced health directives.


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Family

Suggested learning experiences The candidate may: • examine child abuse and the law • examine the legal procedures involved in getting married • use stimulus material such as video, guest speaker, cartoon or book extract to promote

discussion on the diverse nature of families • debate questions such as “Is divorce too easy?” or “Why are legal ages important in

society?” • review the changing definition of “family” • discuss the need for an age of majority • discuss problems arising from family issues such as divorce • review case studies to identify, resolve and evaluate any family law issue • critique legislation such as the Domestic Violence (Family Protection) Act to facilitate

discussion of common social situations • prepare an oral presentation on issues related to family relationships • conduct a debate on rights and responsibilities within the family • examine the relative merits of parenting plans and residency agreements • identify and practise the skills needed for mediation • review and compare marriage procedures at church and civil ceremonies • examine the implications of making and amending a will • locate websites providing advice on family issues, and compile a list with a brief description

of the type of information for each site • identify the legal rights and responsibilities of different family members of different ages • discuss approaches to handling domestic disputes • visit various community support agencies and prepare case studies on issues related to

children and financial support problems • compare community views on the merits of civil and church ceremonies • research procedures involved in gaining access to government assistance • evaluate the way in which the law protects couples who are married compared with those

living in de facto relationships.


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7.4.4 Consumers

How does the law regulate consumer transactions?

Introduction

This topic deals with common consumer transactions in banking and finance, relating to obtaining credit and acquiring personal or real property.


Most agreements involving common consumer transactions are regulated by legislation.

The law prescribes certain procedures for the provision of credit.

Assistance for resolving disputes between parties to a credit contract can be provided by a variety of sources.

The law allows, and sometimes requires, insurance against certain risks.

Insurance contracts impose certain obligations on both the insured and the insurer.

The law recognises and provides relief for consumers in case of deceptive, misleading or unfair conduct in certain consumer transactions.

Although the law attempts to protect consumers, consumers must act responsibly or they will be held liable for their own actions.

The law needs to keep pace with developments in technology.

What are the legal issues involved in borrowing money? • rights and responsibilities • risks, bankruptcy • financial planning • disclosing the costs of borrowing.

How is credit arranged? • consumer credit • consequences of early, late or non-payment • guarantees and indemnities.

What is insurance? • purpose • insurance contracts • statutory protection • rights and responsibilities of insurer and

insured.

What are the legal and social implications of banking? • ATMs (automatic teller machines) • EFTPOS (electronic funds transfer at point of

sale) • electronic/online banking • cheques • unconscionable conduct in banking.

What consumer protection is available against unfair business practices? • statutory protection

− Trade Practices Act − Sale of Goods Act − Fair Trading Act − Consumer Credit Act

• product standards, safety and labelling • industry consumer “watchddogs”, ombudsmen,

tribunals, Australian Competition and Consumer Commission (ACCC), Australian Securities and Investment Commission (ASIC).

What current legal issues relate to consumers? Examine topical issues such as globalisation, knowledge and specialisation, consumer education, competition, deregulation, scams.


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Consumers

Suggested learning experiences Candidates may: • complete an application for credit • evaluate the effectiveness of one of the following pieces of consumer legislation:

− Fair Trading Act (Qld) − Trade Practices Act (Cwlth) − Credit Act (Qld) − Privacy Act (Cwlth) − Sale of Goods Act (Qld)

• investigate issues relating to borrowing money • collect a range of brochures and examine the criteria for obtaining credit cards • discuss the statement “Poor financial planning has legal ramifications” • examine the risks in becoming a guarantor • explore unfair business practices • collect examples of potentially misleading and deceptive advertising for analysis • interview friends to find out how their methods of buying have changed • interview friends regarding their level of knowledge of electronic commercial transactions • find and discuss issues related to consumers and the law • interview family and friends to discover the types of insurance they hold • consider the positive and negative aspects of insurance when purchasing a vehicle.


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7.4.5 Technology

How does the law keep pace with technological developments?

Introduction

Rapid developments occur in the design, development and implementation of technological discoveries. These affect personal, business, social, political and community life in many ways. Laws regulate the use of technology and protect its users in a variety of contexts. Traditional legal principles and processes are constantly challenged by the need to keep pace with new technologies.


It is difficult for legislators, authorities and court systems to keep pace with technological change.

New technologies, especially in the international arena, provide opportunities and challenges for updating legal systems and procedures.

Existing laws must adapt or be revised to cater for technological advances as a result of new situations or test cases.

Electronic business is subject to monitoring, control and regulation by government and community agencies.

Pioneering research, such as in biotechnology, creates new ethical problems to which the law must respond.

How does technology impact on crime? • hacking, scams, stalking, privacy, surveillance,

forensics, fraud.

How does civil law respond to changing technology? • defamation, misrepresentation • email, internet access and ownership • regulation of domain names • electronic signatures, banking and commerce.

How does technology influence intellectual property rights? • piracy, copyright, moral rights, trademarks,

patents, authorship, ownership, design specification.

What ethical issues does technology raise for society? • biotechnology, medical issues, genetic

engineering, other emerging ethical issues.

What current legal issues relate to technology? Examine topical issues such as identity fraud, cloning, intellectual property theft, drug patent ownership, application of gene technology, gap between the law and technological change.


30

Technology

Suggested learning experiences Candidates may: • compare legal definitions of terms such as “patent”, “trademark”, “intellectual property” • research an ethical and legal issue, such as cloning, genetic engineering or the right to

download media from the internet • analyse the conditions of sale for purchasing items online from a range of internet traders • investigate the legal security of e-commerce transactions • evaluate codes of ethics regarding privacy and rights of the individual • evaluate the effects of computer crime on our society • investigate the legal implications of creating a website • compare email policies, procedures and recourse in various workplaces • compile a media folio on breaches of the criminal law relating to technology • examine legislation regulating ownership of intellectual property for evidence of imbalance

between conflicting rights • research the topic “Can the internet really be regulated?” • research the legal implications of internet security and the range of strategies available for

protecting the integrity of systems.


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7.4.6 Rights and responsibilities

Does the legal system properly balance the rights and responsibilities of individuals and the community?

Introduction

This topic deals with the legal rights and responsibilities that affect everyday life and whether the various areas of the law do protect the rights of the individual. The provision of individual rights creates responsibilities for individuals, society and its political and legal processes. The law attempts to balance the rights and responsibilities of the individual with what is in the best interests of the greater community.


The Australian legal system attempts to balance the rights of individuals with the common good of society.

Individual rights are derived from various sources such as common law, legislation and international law.

Specific legislation aims to prevent discrimination and protect individual rights.

Changes in the law usually reflect changing values in society and the need to protect people’s rights.

At various times, individuals may not have equal rights before the law.

The law acknowledges that different groups in society are entitled to specific rights.

The Australian legal system aims to protect the rights of all individuals in a just and fair manner, while requiring them to fulfil their responsibilities as citizens.

What rights do Australians have? • individual: the right to vote, the right to protest,

freedom of assembly, due process and fair hearing

• international • in other countries.

What are the sources of individual rights? • common law • constitutional • legislative • customary • international conventions.

How are changes in society’s values about the rights of individuals reflected in changes to the law? • specific case studies • current issues.

Are all citizens equal before the law? • Indigenous Australians • refugees • poor Australians • alleged terrorists.

What are the responsibilities of individuals, and the political and legal processes? • individuals: for example, obey the law, seek to

change the law, ethical behaviour • political and legal systems such as parliament,

judiciary, tribunals, commissions, lawyers and alternative dispute resolution systems.

What current legal issues relate to rights and responsibilities? Examine topical issues such as whether there is a need for an Australian Bill of Rights, discrimination, equity and access to justice, refugees, employees, native title and recognition of customary law.


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Rights and responsibilities

Suggested learning experiences Candidates may: • investigate ages at which individuals gain certain legal rights and responsibilities; compare

intercultural variations of these rights and responsibilities • compare the perceived rights of Australian citizens with the rights of citizens of other

countries • investigate the topics:

− “that the rights and responsibilities of the individual depend upon income or status” − “that Australia should have a Bill of Rights”

• compare and contrast case studies where individuals’ rights and responsibilities have been diminished

• collect media reports that illustrate how individuals are treated differently • review selected case studies involving competing rights • evaluate the effectiveness of pressure groups or other means of initiating change in our

community • evaluate the acceptability of importing cultural norms from other communities when

assessing rights and responsibilities of individuals in our society • use community resources to prepare a report on the adequacy of procedures that affect the

rights and responsibilities of the individual • write a report based on an analysis of data collected about a rights and responsibilities issue • interview individuals on their knowledge of their legal rights and responsibilities and

avenues for action when rights are infringed.


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7.5 Law in a Changing Society

What is, or should be, the role of law in society?

Introduction

This area of study consolidates and deepens the understandings acquired during study. Candidates should evaluate the relevance of the law in a changing society and the need for the law to keep pace with such change. They will focus on topical issues, make recommendations for change and investigate avenues for law reform.

Understandings Suggested focus areas

Laws should be subjected to scrutiny and made according to due process.

There are various criteria which can be used to judge what makes a good law.

Australian society has developed a range of legal and political processes which continue to evolve to respond to changing social values.

Various groups contribute to and influence the making and changing of laws.

Making and changing laws involves collaboration and compromise in attempting to meet the needs of various stakeholders.

Citizens have a responsibility to be informed and active participants in the legal and political system.

There are a number of avenues by which citizens can participate in law reform.

What makes a good law? • balance of rights and responsibilities • common good vs rights of individuals • justice, equity and fairness.

Do the features and processes of Australia’s legal system facilitate making good laws? • role of constitution and the High Court • representative democracy • federalism • comparisons with other systems • protection of individual rights.

What factors influence the making and changing of laws? • media • stakeholder views and agendas • pressure groups • law reform commissions • political process • international events.

How does community consultation contribute to the making of laws? • forms of consultation • informed and critical citizens • case studies and examples • transparency and accessibility of the law

reform process.

What current legal issues relate to law in a changing society? Examine topical issues such as how just is the legal system, critiquing the adversarial system, proposals for a Bill of Rights, the republican debate, native title, changing technology, conduct of legal personnel, access to justice, impact of individuals, human rights, civil liberties.


34

Law in a Changing Society

Suggested learning experiences • debate that:

− “e-democracy is the way of the future” − “Australia cannot afford state laws” − “Australia needs a Bill of Rights”

• use a case study to examine whether there should be more or less community involvement in the legal decision-making process

• compare and contrast various countries’ constitutions and protection of individuals’ rights • brainstorm avenues for law reform • prepare a map, chart or list of local and overseas breaches of democratic principles • compile a news file on an aspect of democracy in Australia • develop a timeline to show the law’s changing attitude to women’s rights • investigate the Australian Constitution in terms of the division of powers between the

Commonwealth and the states and any need for reform • investigate the adequacy of the law in regulating the environment • survey a group and report on what they see as generally acceptable and unacceptable conduct

in society • through a variety of technologies, research the media’s accountability under the law;

evaluate the influence the media has on legal issues, and debate “Does the media have too much power?”

• investigate various forms of e-democracy and critique them for effectiveness and accessibility

• explore how human rights for a particular group have changed over time • outline the job descriptions of a member of parliament or local councillor and evaluate their

roles in the legal system • examine a topical issue of law reform and explain the processes involved — what is the

social justification for this proposal? • critically review the processes employed by pressure groups to bring about law reform • invite a practising lawyer or member of parliament to speak for or against aspects of the

legal system • investigate a particular aspect of law reform and its social impact.


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8. Assessment 8.1 Summative assessment

8.1.1 Format of the external examination The examination will consist of two papers: • Paper 1, of up to 2.5 hours • Paper 2, of up to 3.0 hours. Each paper will have 10 minutes perusal time.

8.1.2 Structure and requirements of each paper

PAPER 1 Paper 1 is divided into two parts for completion in up to 2.5 hours. Three of the four assessable criteria will be examined in this paper (Knowledge and understanding, Investigation and Communication skills). The areas of study assessed in Paper 1 are The Legal System, Crime and Society, and Civil Obligations (Agreements and Civil Wrongs).

Part A

Part A may include: • multiple-choice questions • questions requiring short responses.

The short-response questions may include “closed” questions, that is, those to which there is a limited response. They are used to assess candidates’ Knowledge and understanding of the subject matter.

Part B

In Part B, candidates will be required to respond to six questions that relate directly to given stimulus material on the three areas of study as indicated above. These questions will be used to assess the candidate’s ability to examine legal situations and issues (the criterion Investigation).

Each question will require a response of up to 300 words in length.

Note: the nominated topics from You, the Law and Society, and Law in a Changing Society, are not assessed in Paper 1.


36

PAPER 2 Paper 2 is divided into two parts for completion in up to three hours. All four criteria given in Section 8.3 will be assessed.

The paper will consist of three questions requiring extended responses. Each extended response should be approximately 600 words in length. In particular, the questions will assess the candidate’s ability to critically review the law’s attempt to achieve just, fair and equitable outcomes to issues (the criterion Evaluation).

Part A

Candidates will write two extended responses to questions about You, the Law and Society. Questions will be based on the topics listed in the table for the nominated year. (See below.) • Section 1

− Candidates will be given three questions, and they provide an extended response to the question of their choice.

• Section 2 − Candidates will write an extended response for one of two questions provided, based on

the prepared research task. (See note below.) − The candidate’s response to the examination question only will be assessed. − The candidate’s research materials will not be assessed. − The candidate’s research materials must be submitted with the response, at the end of the

examination.

Part B

Candidates will write an extended response to a question they have selected from three questions provided, based on the area of study Law in a Changing Society.

The nominated topics from the area of study You, the Law and Society, to be assessed in each year are listed below.

2008 Jobs

Technology

2009 Family

Sport

2010 Jobs

Consumers

2011 Family


2012 Jobs

Technology

Note: The prepared research task will be outlined by the chief examiner in a notice to candidates. Candidates complete the research throughout their study. Candidates must take their prepared research materials into the examination room.


37

2013 Family

Sport

2014 Jobs

Consumers

2015 Family


2016 Jobs

Technology

2017 Family

Sport

2018 Jobs

Consumers

2019 Family


2020 Jobs

Technology


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8.2 Special consideration Under certain circumstances, special arrangements or consideration may be available to candidates for the Senior External Examination. The special consideration provisions are detailed in the annual Handbook for the Senior External Examination, available on the QSA website at http://www.qsa.qld.edu.au/testing/extern-exams/

Missing the examination for any reason cannot be the basis for an application for special consideration.

8.3 Exit criteria

The following exit criteria must be used in making judgments about a candidate’s level of achievement from a course in Legal Studies. They reflect four of the five categories of general objectives of the syllabus:

Criterion 1: Knowledge and understanding

This criterion refers to the candidate’s ability to retrieve and comprehend information.

Criterion 2: Investigation This criterion refers to the candidate’s ability to examine legal situations and issues.

Criterion 3: Evaluation This criterion refers to the candidate’s ability to critically review the law’s attempts to achieve just, fair and equitable outcomes to issues.

Criterion 4: Communication skills

This criterion refers to the candidate’s ability to present information for intended audiences.

8.4 Awarding levels of achievement The chief examiner will award each candidate who sits the examination a level of achievement from one of the five categories:

Very High Achievement (VHA) High Achievement (HA) Sound Achievement (SA) Limited Achievement (LA) Very Limited Achievement (VLA).

The process of arriving at a judgment about a candidate’s responses to examination questions is essentially a process of matching the candidate’s responses against the syllabus standards associated with the exit criteria. A level of achievement that best describes the pattern of performance in each criterion across the examination as a whole is then awarded.

Information about how scripts are assessed is provided in the annual Handbook for the Senior External Examination, available on the QSA website http://www.qsa.qld.edu.au/testing/ extern-exams/

Each criterion is to make an equal contribution to the determination of levels of achievement.

http://www.qsa.qld.edu.au/testing/extern-exams/

http://www.qsa.qld.edu.au/testing/


39

The level of achievement will be based on the exit standard for each of the four criteria Knowledge and understanding, Investigation, Evaluation and Communication skills. The criteria are derived from the general objectives and are described in Section 3. The standards associated with the four exit criteria are described in Table 4.

When standards have been determined in each of the four criteria, Table 3 is used to determine the exit level of achievement, where A represents the highest standard and E the lowest.

Table 3

VHA The candidate must achieve a Standard A in any three exit criteria and no less than a Standard B in the remaining criterion.

HA The candidate must achieve a Standard B in any three exit criteria and no less than a Standard C in the remaining criterion.

SA The candidate must achieve a Standard C in any three exit criteria and no less than a Standard D in the remaining criterion.

LA The candidate must achieve a Standard D in any three exit criteria. VLA The candidate must achieve a Standard E in at least four criteria.


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Table 4: Standards associated with exit criteria

Criterion Standard A Standard B Standard C Standard D Standard E

Kn

owle

dge

and

unde

rsta

ndin

g

The candidate’s work has the following characteristics: • accurate and

comprehensive information about key concepts, identifying links to significant aspects of law

• thorough explanation and recognition of legal issues, with links between knowledge and highly relevant examples.

The candidate’s work has the following characteristics: • substantial information

about most key concepts, identifying significant aspects of the law

• significant explanation and recognition of legal issues, illustrated with relevant examples.

The candidate’s work has the following characteristics: • general information about

key concepts, identifying relevant aspects of the law

• explanation of some legal issues with use of appropriate examples.

The candidate’s work has the following characteristics: • information about some

legal concepts with tenuous links to aspects of the law

• inclusion of some examples related to legal issues.

The candidate’s work has the following characteristics: • information about some

legal concepts • inclusion of some

examples.

In

vest

igat

ion

The candidate’s work has the following characteristics: • analysis of legal issues

and problems in significant detail

• consistent selection and application of relevant legal principles and procedures

• identification of a wide range of relevant legal responses to problems and issues.

The candidate’s work has the following characteristics: • analysis of legal issues

and problems in considerable detail

• in the main, selection and application of relevant legal principles and procedures

• identification of a range of relevant legal responses to problems and issues.

The candidate’s work has the following characteristics: • some analysis of legal

issues and problems • selection and application

of some relevant legal principles and procedures

• identification of some relevant legal responses to problems and issues.

The candidate’s work has the following characteristics: • identification of some

legal issues and problems

• selection of some legal procedures

• identification of some legal responses to problems and issues.

The candidate’s work has the following characteristics: • occasional identification

of some legal issues, problems, procedures or responses.

(Table continues overleaf)


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Criterion Standard A Standard B Standard C Standard D Standard E

Ev

alua

tion

The candidate’s work has the following characteristics: • comprehensive, well-

informed critiques of legal issues

• valid and detailed conclusions about the suitability of legal outcomes

• detailed and convincing justification of reasoned stances on issues of law.

The candidate’s work has the following characteristics: • informed critiques of legal

issues • valid conclusions about

the suitability of legal outcomes

• detailed justification of reasoned stances on issues of law.

The candidate’s work has the following characteristics: • critiques of legal issues • some valid conclusions

about the suitability of legal outcomes

• some justification of stances on issues of law.

The candidate’s work has the following characteristics: • description of legal

issues • some conclusions about

legal outcomes • stances taken on issues

of law.

The candidate’s work has the following characteristics: • occasional description of

legal issues • some conclusions about

legal outcomes.

C

omm

unic

atio

n sk

ills

The candidate’s work has the following characteristics: • clear, concise and fluent

organisation and presentation of information

• proficient use of legal and law-related terminology, definitions and documents

• proficient use of suitable forms and styles of written communication.

The candidate’s work has the following characteristics: • clear and concise

organisation and presentation of information

• correct use of legal and law-related terminology, definitions and documents

• effective use of suitable forms and styles of written communication.

The candidate’s work has the following characteristics: • organisation and

presentation of information with some clarity

• use of legal and law- related terminology, definitions and documents, with some inconsistencies

• use of suitable forms and styles of written communication, with minor lapses.

The candidate’s work has the following characteristics: • presentation of some

information • some use of legal and

law-related terminology, definitions and documents

• some use of forms and styles of written communication.

The candidate’s work has the following characteristics: • presentation of some

information.


40

9. Resources QSA website

The QSA website provides essential resources for all candidates for the Senior External Examination. The website address is http://www.qsa.qld.edu.au/testing/extern-exams/index.html or navigate your way to www.qsa.qld.edu.au > Testing > Senior external examination.

At the time of first printing, in 2007, the following material is available:

Senior External Examination Handbook The handbook gives information about: • how to nominate to sit the examination • teaching centres that provide tuition for the subject • examination timetable • important dates relating to the Senior External Examination.

Subject resources Syllabus and examination papers for the previous three years.

Notices to candidates

Information is provided by chief examiners to help candidates prepare for the examination.

Notices to teaching centres

Information is provided by chief examiners to help tutors and candidates prepare for the examination.

The selection of resource material to support a course in Legal Studies will be governed to some extent by local factors. Teaching centres should draw upon their own resources and local facilities as well as from the range of resources described below.

Electronic media and learning technology

A wide range of videos, DVDs and television recordings are available on a variety of topics related to Legal Studies. A variety of computer software programs and CD-ROMs may be useful for Legal Studies, as learning tools, to gain access to information presented in a variety of forms, and to help candidates gain ICT skills. Educational program distributors are able to supply updated resource lists.

http://www.qsa.qld.edu.au/testing/extern-exams/index.html

http://www.qsa.qld.edu.au/


41

Newspaper reports Many local and national newspapers carry regular pages, columns and features about legal matters. The compilation of news files on particular topics can broaden candidates’ knowledge and provide a valuable source of material for developing assessment instruments.

Organisations and community resources

A variety of government and community organisations provide personnel, advice, resources and information to help construct and implement a course in Legal Studies. Some of these are: • Queensland Law Society http://www.qls.com.au • Department of Justice and Attorney-General (Queensland) http://www.justice.qld.gov.au • Australian Government Attorney-General’s Department http://www.ag.gov.au • Commerce Queensland http://www.qcci.com.au • Queensland Law Reform Commission http://www.qlrc.qld.gov.au • Australian Law Reform Commission http://www.alrc.gov.au/ • Residential Tenancies Authority http://www.rta.qld.gov.au • Queensland Police Service http://www.police.qld.gov.au • Australian Competition and Consumer Commission http://www.accc.gov.au • Australian Chamber of Commerce and Industry http://www.acci.asn.au • Department of Employment and Workplace Relations http://www.dewr.gov.au/ • Human Rights and Equal Opportunity Commission http://hreoc.gov.au/ • United Nations http://www.un.org • Legal Aid Queensland http://www.legalaid.qld.gov.au • Logan Youth Legal Service http://www.yfs.org.au/legal/ • Australian Council of Trade Unions http://www.actu.asn.au/ • Business Educators’ Association of Queensland http://www.beaq.org.au/

Periodicals

Journals and periodicals provide current information. Journals and periodicals relevant to Legal Studies may include: • Choice • Bulletin • Alternative Law Journal • The Verdict • Proctor • Addlib.

http://www.qls.com.au/

http://www.justice.qld.gov.au/

http://www.ag.gov.au/

http://www.qcci.com.au/

http://www.qlrc.qld.gov.au/

http://www.alrc.gov.au/

http://www.rta.qld.gov.au/


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

http://www.accc.gov.au/

http://www.acci.asn.au/

http://www.dewr.gov.au/

http://hreoc.gov.au/

http://www.un.org/

http://www.legalaid.qld.gov.au/

http://www.yfs.org.au/legal/

http://www.actu.asn.au/

http://www.beaq.org.au/

42


Textbooks and reference books

Book suppliers can provide information on a wide variety of textbooks and resource materials that could be used as sources of information about Legal Studies.

Websites

Many interactive and static websites can be used to enhance a course in Legal Studies and often include useful resources. Some particularly useful sites are: • Australian Chamber of Commerce and Industry http://www.acci.asn.au • Australian Competition and Consumer Commission http://www.accc.gov.au • Australian Government Attorney-General’s Department http://www.ag.gov.au • Australian Law Online http://www.law.gov.au • AustLII databases http://www.austlii.edu.au/databases • Commerce Queensland http://www.qcci.com.au • Commonwealth of Australia Law http://www.comlaw.gov.au • Department of Employment and Workplace Relations http://www.dewr.gov.au • Department of Justice and the Attorney-General (Queensland) http://www.justice.qld.gov.au • Federal Court of Australia http://www.fedcourt.gov.au • Family Court of Australia http://www.familycourt.gov.au • FindLaw http://www.findlaw.com.au • National Library of Australia http://www.nla.gov.au • Office of Fair Trading Queensland http://www.fairtrading.qld.gov.au • Queensland Courts http://www.courts.qld.gov.au • Queensland Law Reform Commission http://www.qlrc.qld.gov.au • Queensland Law Society http://www.qls.com.au • Queensland Legislation http://legislation.qld.gov.au • Queensland Police Service http://www.police.qld.gov.au • Residential Tenancy Authority http://www.rta.qld.gov.au • WebLaw http://www.weblaw.edu.au



http://www.accc.gov.au/

http://www.ag.gov.au/

http://www.law.gov.au/

http://www.austlii.edu.au/databases

http://www.qcci.com.au/

http://www.comlaw.gov.au/

http://www.dewr.gov.au/

http://www.justice.qld.gov.au/

http://www.fedcourt.gov.au/

http://www.familycourt.gov.au/

http://www.findlaw.com.au/

http://www.nla.gov.au/

http://www.fairtrading.qld.gov.au/

http://www.courts.qld.gov.au/

http://www.qlrc.qld.gov.au/

http://www.qls.com.au/

http://legislation.qld.gov.au/




http://www.weblaw.edu.au/

Documents

Legal Studies (2007) Senior External Syllabus · Senior External Syllabus . ISBN: 978-1-920749-43-9 . Legal Studies syllabus for the Senior External Examination . ... • use legal