CENTENARY HEIGHTS STATE HIGH SCHOOL LEGAL STUDIES COURSE OUTLINE 2013

Transcription

1 CENTENARY HEIGHTS STATE HIGH SCHOOL LEGAL STUDIES COURSE OUTLINE 2013 Many significant legal and social issues face individuals and groups in Australian society. 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. COURSE ORGANISATION Semester Sections of study Focus Suggested time allocation 3 You, the law and society Family How does the law recognise and regulate family relationships? Renting and buying How does the law regulate the buying, selling and renting of real property? 16 weeks (The time allocations for this section of study will be 2 x 8 weeks 4 Independent study 8 weeks Law in a changing society What is, or should be, the role of law in society? 7 weeks SECTIONS OF STUDY YEAR 12 Semester 1 YOU, THE LAW AND SOCIETY FAMILY How does the law recognise and regulate family relationships? This unit 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. Family relationships, care of children, family breakdowns and the role of wills may be examined.

2 Understandings 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. Societies attitudes 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 and resolve family disputes. Focus areas 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, pre-marriage counselling, prenuptial agreements, role and resources of the Family Court, reproductive technologies, adoption, international covenants, bioethical issues, powers of attorney, advanced health directives. 2

3 RENTING AND BUYING How does the law regulate buying, selling and renting of real property? This 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. Understandings 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. Focus areas 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. 3

4 Semester 2 INDEPENDENT STUDY The independent study integrates and personalises students learning experiences in Legal Studies. Students will undertake an in-depth investigation of a current legal issue facing Australian society. Students should be familiar with the methodology outlined below: 4

5 LAW IN A CHANGING SOCIETY What is, or should be, the role of law in society? This section consolidates and deepens the understandings acquired during the course. Students 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 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. Focus areas What makes a good law? balance of rights and responsibilities common good balanced against the 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 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 the legal system is, critiquing the adversarial system, proposals for a bill of rights, republican debate, native title, changing technology, conduct of legal personnel, access to justice, impact of individuals, human rights, civil liberties. 5

6 ASSESSMENT OVERVIEW Suggested assessment techniques Short response These could include questions to which there is a concise response. Some examples include: multiple choice definition of terms matching/classification practical exercises involving graphs, tables, diagrams and statistics response to stimulus questions requiring short answers of up to 150 words. Extended response Appropriate questions invite a variety of perspectives; they are open questions, that is, they have a range of possible answers. They should highlight specific issues rather than broad general topics and could require a response to stimulus materials. Questions should require students to produce a reasoned response, rather than descriptions of content. It may take many forms, such as feature article, editorial or persuasive, analytical or argumentative essay. Inquiry Inquiries should be designed to enable students to recognise, interpret and analyse common legal situations and use this information to comment on the social relevance of law in society. Students may present their findings in written or non-written format, or a combination of both. Whatever the response format chosen, the task must allow students to present cohesive, extended argument, incorporating in-depth investigation and evaluation. Responses must contain appropriate referencing and a bibliography. The independent study, which must be completed as part of the section of study Independent study, forms an inquiry task. Responses to stimulus materials Stimulus materials used may take the form of items such as: case studies crime statistics, graphs, charts and tables newspaper articles and reports legislative acts and legal regulations legal forms cartoons advertisements Responses may vary in form and length, as either short-response items, extended-response tasks or non-written presentations. EXIT CRITERIA The following exit criteria are used in making judgments about a student s level of achievement at exit from a course in Legal Studies. Criterion 1: Knowledge and understanding This criterion refers to the student s ability to retrieve and comprehend information. Criterion 2: Investigation This criterion refers to the student s ability to examine legal situations and issues. 6

7 Criterion 3: Evaluation This criterion refers to the student s ability to critically review the law s attempts to achieve just, fair and equitable outcomes to issues. Criterion 4: Communication and research skills This criterion refers to the student s ability to select, organise and present information for intended audiences. AWARDING EXIT LEVELS OF ACHIEVEMENT When standards have been determined in each of the four criteria of Knowledge and understanding, Investigation, Evaluation, and Communication and research skills, the following table is used to determine the exit level of achievement. VHA HA SA LA VLA Standard A in any three criteria and no less than a B in the remaining criterion Standard B in any three criteria and no less than a C in the remaining criterion Standard C in any three criteria and no less than a D in the remaining criterion At least Standard D in any three criteria Standard E in the four criteria YEAR 12 ASSESSMENT 2013 (all Year 12 assessment is formative) Semester 1 Family Law Inquiry ( words) Issue date: Week 1 Term 1 Week beginning 28/1 First copy date: Week 7 Term 1 Week beginning 11/3 Final copy date: Week 8 Term 1 Week beginning 18/3 Family Law Extended response (90 mins) Test date: Week 2 Term 2 Week beginning 22/4 Renting and Buying Response to stimulus materials (90 mins) Test date: Week 9 Term 2 Week beginning 10/6 Semester 2 Inquiry - Independent Study ( words) Issue date: Week 1 Term 3 Week beginning 8/7 First copy date: Week 6 Term 3 Week beginning 12/8 Final copy date: Week 8 Term 3 Week beginning 26/8 Law in a changing society - Response to stimulus materials (60-90 mins) Test date: Week 5 Term 4 Week beginning 4/11 7