Legal Studies Unit 2: Wrongs & Rights

Prerequisites

There are no prerequisites for this unit.

Course Description

Civil law aims to protect the rights of individuals. When rights are infringed, a dispute may arise requiring resolution, and remedies may be awarded. In this unit, students investigate key concepts of civil law and apply these to actual and/or hypothetical scenarios to determine whether a party is liable in a civil dispute. Students explore different areas of civil law, and the methods and institutions that may be used to resolve a civil dispute and provide remedies. They apply knowledge through an investigation of civil cases from the past four years. Students also develop an understanding of how human rights are protected in Australia and possible reforms to the protection of rights, and investigate a contemporary human rights issue in Australia, with a specific focus on one case study.

Areas of Study

Civil liability Civil law aims to protect the rights of individuals, groups and organisations, and provide opportunities for a wronged party to seek redress for a breach. 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.

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 how civil disputes are resolved, including the methods and institutions available to resolve disputes, and the purposes and types of remedies. Through an investigation of civil cases from the past four years, students apply their knowledge to discuss the effectiveness of remedies and the ability of the civil justice system to achieve the principles of justice.

Human 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, including in relation to discrimination and equal opportunity. In this area of study, students examine the ways in which human rights are protected in Australia and consider possible reforms to the protection of human rights. Students investigate one human rights issue in Australia, such as in relation to the right to vote, the right to freedom of religion, or the rights of First Nations peoples.

Assessment

Outcomes	Assessment Tasks
Outcomes	(school-assessed coursework)
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.
Explain the key concepts in the resolution of a civil dispute, discuss the principles of justice in relation to experiences of the civil justice system, and discuss the ability of remedies to achieve their purposes..	Structured assignment or essay or mock court or test or case study.
Explain one contemporary human rights issue in Australia, and evaluate the ways in which rights are protected in Australia.	Structured assignment or essay or mock court or test or case study.

Overall Final Assessment

End of Semester Examination – 1.5 hours.