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PATHWAYS

2019

 
  Carey Donvale | Junior School Kew | Middle School | Senior School | Co-curricular
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VCE Business Studies

Legal Studies Unit 2: Sanctions, Remedies and Rights

Prerequisites

There are no prerequisites for this unit.

Course Description

Criminal law and civil law aim to protect the rights of individuals. When rights are infringed, a case or dispute may arise which needs to be determined or resolved, and sanctions or remedies may be imposed. This unit focusses on the enforcement of criminal law and civil law, the methods and institutions that may be used to determine a criminal case or resolve a civil dispute, and the purposes and types of sanctions and remedies and their effectiveness. Students undertake a detailed investigation of two criminal cases and two civil cases from the past four years to form a judgment about the ability of sanctions and remedies to achieve the principles of justice. Students develop their understanding of the way rights are protected in Australia and in another country, and possible reforms to the protection of rights. They examine a significant case in relation to the protection of rights in Australia.

Areas of Study

Sanctions
The criminal justice system determines the guilt or otherwise of an accused, and imposes sanctions on a guilty person. In this area of study students investigate key concepts in the determination of a criminal case, including the institutions that enforce criminal law, and the purposes and types of sanctions and approaches to sentencing. Through an investigation of two criminal cases from the past four years, either decided or still being decided, students explore the extent to which the principles of justice were or could be achieved.

Remedies

Remedies may be available to a wronged party where there has been a breach of civil law. In this area of study students develop an appreciation of key concepts in the resolution of a civil case, including the methods used and institutions available to resolve disputes, and the purposes and types of remedies. Through an investigation of two civil cases from the past four years, either decided or still being decided, students explore the extent to which the principles of justice were or could be achieved.

Rights

The protection of rights is fundamental to a democratic society. Rights are protected in Australia through the Australian Constitution, the Victorian Charter of Human Rights and Responsibilities and through common law and statute law such as through statutes relating to racial discrimination, sex discrimination and equal opportunity. Students examine the ways in which rights are protected in Australia and compare this approach with that of another country. Based on this comparison, they consider possible reforms to the ways rights are protected in Australia. Students investigate an Australian case that had an impact on the protection of rights in Australia and develop their understanding of the role of an individual in taking a case to court.

Assessment

Outcomes
Assessment Tasks
(school-assessed coursework)
Explain key concepts in the determination of a criminal case, and discuss the principles of justice in relation to the determination of criminal cases, sanctions and sentencing approaches. Structured assignment or essay or mock court or test or case study.
Explain key concepts in the resolution of a civil dispute, and discuss the principles of justice in relation to the resolution of civil disputes and remedies. Structured assignment or essay or mock court or test or case study.
Evaluate the ways in which rights are protected in Australia, compare this approach with that adopted by another country and discuss the impact of an Australian case on the rights of individuals and the legal system. 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