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PATHWAYS

2019

 
  Carey Donvale | Junior School Kew | Middle School | Senior School | Co-curricular
Year 10 | IB | VCE | Learning Areas | Other Curriculum | Student Development |

VCE Business Studies

Legal Studies Unit 1: Guilt and Liability

Prerequisites

There are no prerequisites for this unit.

Course Description

Criminal law and civil law aim to achieve social cohesion and protect the rights of individuals. Criminal law is aimed at maintaining social order and infringing criminal law can result in charges. Civil law deals with the infringement of a person’s or group’s rights and breaching civil law can result in litigation. In this unit students develop an understanding of legal foundations, such as the different types and sources of law and the existence of a court hierarchy in Victoria. Students investigate key concepts of criminal law and civil law and apply these to actual and/or hypothetical scenarios to determine whether an accused may be found guilty of a crime, or liable in a civil dispute. In doing so, students develop an appreciation of the way in which legal principles and information are used in making reasoned judgments and conclusions about the culpability of an accused, and the liability of a party in a civil dispute.

Areas of Study

Legal foundations

Students explore the role of individuals, laws and the legal system in achieving social cohesion and protecting the rights of individuals. Students consider the characteristics of an effective law, and sources and types of law. They examine the relationship between parliament and the courts, and the reasons for a court hierarchy in Victoria, and develop an appreciation of the principles of justice.

The presumption of innocence

The presumption of innocence is the fundamental principle of criminal law and provides a guarantee that an accused is presumed innocent until proven guilty beyond reasonable doubt. In this area of study students develop an understanding of key concepts in criminal law and types of crime, and investigate two criminal offences in detail. For each offence, students consider actual and/or hypothetical scenarios in which an accused has been charged with the offence, use legal reasoning to determine possible culpability and explain the impact of the offence on individuals and society.

Civil liability

Civil law aims to protect the rights of individuals, groups and organisations, and provides opportunities for a wronged party to seek redress for a breach of civil law. In this area of study students develop an understanding of key concepts in civil law and investigate two areas of civil law in detail. Possible areas of civil law could include negligence, defamation, nuisance, trespass and contracts. For each area of civil law, students consider actual and/or hypothetical scenarios giving rise to a civil claim, apply legal reasoning to determine possible liability for a breach of civil law and explain the impact of a breach of civil law on the parties.

Assessment

Outcomes
Assessment Tasks
(school-assessed coursework)
Describe the main sources and types of law, and assess the effectiveness of laws. Structured assignment or essay or mock court or test or case study.
Explain the purposes and key concepts of criminal law, and use legal reasoning to argue the criminal culpability of an accused based on actual and/or hypothetical scenarios. Structured assignment or essay or mock court or test or case study.
Explain the purposes and key concepts of civil law, and apply legal reasoning to argue the liability of a party in civil law based on actual and/or hypothetical scenarios. Structured assignment or essay or mock court or test or case study.

Overall Final Assessment

End of Semester Examination – 1.5 hours.

Information can be obtained from the Victorian Curriculum and Assessment Authority, Victoria, Australia: www.vcaa.vic.edu.au