Headstart 2017
Unit 1: Guilt and liability
Key knowledge:
1. The role of individuals, laws and the legal system in achieving social cohesion and protecting the rights of individuals
2. The principles of justice: fairness, equality and access
3. Characteristics of an effective law, such as it:
- reflects society’s values
- is enforceable
- is known
- is clear and understood
- and is stable
4. Sources of law such as common law and statute law
5. An overview of the relationship between parliament and the courts
6. Types of law such as criminal law and civil law
7. The distinction and relationship between criminal law and civil law
8. An overview of, and reasons for, the Victorian court hierarchy.
1. The role of individuals, laws and the legal system in achieving social cohesion and protecting the rights of individuals
2. The principles of justice: fairness, equality and access
3. Characteristics of an effective law, such as it:
- reflects society’s values
- is enforceable
- is known
- is clear and understood
- and is stable
4. Sources of law such as common law and statute law
5. An overview of the relationship between parliament and the courts
6. Types of law such as criminal law and civil law
7. The distinction and relationship between criminal law and civil law
8. An overview of, and reasons for, the Victorian court hierarchy.
Week Ending: 1st December
KK #1: Role of individuals, laws and the legal system in achieving social cohesion and protecting the rights of individuals
Rules and Laws
Learning Intention: Students will understand the difference between rules and laws.
Tasks:
1. Make a 'glossary of terms' at the back of your book/folder:
* Civil law
* Criminal law
* Norms
* Social cohesion
2. Discuss the terms 'legal' and 'non legal' rules:
- write definitions of each
3. Students should use the PowerPoint and take notes as to why we need laws
4. Use the table below to outline the various components of Non-Legal Rules
5. In one paragraph, distinguish between non-legal and legal rules (laws).
6. Use the image below and identify as many legal and non-legal rules as possible.
7. Complete the questions 'Check your learning' 2.1
Success Criteria:
1. Students should be able to explain the role that 'legal and non-legal' rules play in society.
2. Students should be able to explain the various differences in 'legal and non-legal' rules
3. Students should consider some examples of 'legal and non-legal' rules
4. Students will be able to explain the reasons we need laws
Learning Intention: Students will understand the difference between rules and laws.
Tasks:
1. Make a 'glossary of terms' at the back of your book/folder:
* Civil law
* Criminal law
* Norms
* Social cohesion
2. Discuss the terms 'legal' and 'non legal' rules:
- write definitions of each
3. Students should use the PowerPoint and take notes as to why we need laws
4. Use the table below to outline the various components of Non-Legal Rules
5. In one paragraph, distinguish between non-legal and legal rules (laws).
6. Use the image below and identify as many legal and non-legal rules as possible.
7. Complete the questions 'Check your learning' 2.1
Success Criteria:
1. Students should be able to explain the role that 'legal and non-legal' rules play in society.
2. Students should be able to explain the various differences in 'legal and non-legal' rules
3. Students should consider some examples of 'legal and non-legal' rules
4. Students will be able to explain the reasons we need laws
3. Complete the table below |
5. Identify the non-legal rules in the image below |
Political and Legal Structures of Australia's Legal System
Learning Intention: Students will be able to explain the key political and legal structures of Australia's legal system
Tasks:
1. Read 2.2 'History of Australia's political and legal structures'.
2. Complete the questions for 'Check your learning' 2.2
3. Explain the different types of Parliament in Australia
4. What does the word 'bicameral parliament' mean?
5. Define 'political party'
6. Define 'government'
7. Define 'parliament'
Explain the levels of law-making.
8. Explain the 'Separation of powers'
9. What are subordinate authorities?
10. Complete 2.3 'Check your learning'
Success Criteria:
1. Students will understand how the legal system came to be what it is today
2. Students will understand the role individuals play in the legal system
3. Students will become more familiar with a number of legal terms related to the legal system.
Learning Intention: Students will be able to explain the key political and legal structures of Australia's legal system
Tasks:
1. Read 2.2 'History of Australia's political and legal structures'.
2. Complete the questions for 'Check your learning' 2.2
3. Explain the different types of Parliament in Australia
4. What does the word 'bicameral parliament' mean?
5. Define 'political party'
6. Define 'government'
7. Define 'parliament'
Explain the levels of law-making.
8. Explain the 'Separation of powers'
9. What are subordinate authorities?
10. Complete 2.3 'Check your learning'
Success Criteria:
1. Students will understand how the legal system came to be what it is today
2. Students will understand the role individuals play in the legal system
3. Students will become more familiar with a number of legal terms related to the legal system.
KK #2: The principles of justice: fairness, equality and access
Principles of Justice
Learning Intention: Students to consider the main three principles of justice
Tasks:
1. Read 3.2 'The Principles of Justice' and summarise each of the three principles as you go.
2. Write a short sentence to explain whether you agree or disagree with the example 'Fire at the shopping centre'.
3. Work through the PowerPoint as a class filling in the missing gaps on the student version.
4. Complete the 'check your learning' 3.2
5. Watch the ClickView documentary 'Every family's nightmare' and use the link 'Every family's nightmare' which are teacher notes to lead some discussion.
Success Criteria:
1. Students should have an opinion as to whether the principles are important and perhaps which is the most important principle.
2. Students should have examples of how these principles are upheld within the legal system.
3. Students should be able to apply their knowledge to a real scenario (Every family's nightmare)
Learning Intention: Students to consider the main three principles of justice
Tasks:
1. Read 3.2 'The Principles of Justice' and summarise each of the three principles as you go.
2. Write a short sentence to explain whether you agree or disagree with the example 'Fire at the shopping centre'.
3. Work through the PowerPoint as a class filling in the missing gaps on the student version.
4. Complete the 'check your learning' 3.2
5. Watch the ClickView documentary 'Every family's nightmare' and use the link 'Every family's nightmare' which are teacher notes to lead some discussion.
Success Criteria:
1. Students should have an opinion as to whether the principles are important and perhaps which is the most important principle.
2. Students should have examples of how these principles are upheld within the legal system.
3. Students should be able to apply their knowledge to a real scenario (Every family's nightmare)
Week Ending: 8th December
KK #3: Characteristics of an effective law, such as it:
- reflects society’s values
- is enforceable
- is known
- is clear and understood
- and is stable
Characteristics of Effective Laws
Learning Intention: Students will build understanding of the role/need of laws and what elements should be present for a law to be classed as 'an effective law'.
Tasks:
1. Students will list and explain the reasons we need laws.
- Reflection of community values
- Establishes a code of conduct
- Resolves disputes
- Reflects changing values
- Protects community from harm
3. Draw table from Page 10 of textbook:
- Attribute a type of value to each scenario (social, moral, economic, political, technological or environmental)
4. Students should explain the characteristics of an effective law:
- Known - Easy to understand - Acceptable to the community - Accessible
- Stable - Applied consistently - Enforceable - Able to be changed
5. To what extent do you agree that a 'stable law' is the most important characteristic of an effective law? (5 Marks)
6. Read the following case study and explain whether this law on begging is effective? (4 Marks)
Fining the homeless - what's the point?
A 64-year-old man, unemployed and an alcoholic, has accumulated $100,000 worth of fines. In the past five years he has faced court for 371 minor offences, including drinking in a public place, traveling without a valid ticket and begging. He is just one of the many homeless people accumulating large fines for minor street offences. Although begging in Victoria is illegal, it is not an uncommon sight in our city streets.
Success Criteria:
1. Be able to recall the elements of an effective law.
2. Be able to explain each element of an effective law.
3. Be able to apply understanding to exam style questions
4. Have examples of each of the elements of effective law.
Learning Intention: Students will build understanding of the role/need of laws and what elements should be present for a law to be classed as 'an effective law'.
Tasks:
1. Students will list and explain the reasons we need laws.
- Reflection of community values
- Establishes a code of conduct
- Resolves disputes
- Reflects changing values
- Protects community from harm
3. Draw table from Page 10 of textbook:
- Attribute a type of value to each scenario (social, moral, economic, political, technological or environmental)
4. Students should explain the characteristics of an effective law:
- Known - Easy to understand - Acceptable to the community - Accessible
- Stable - Applied consistently - Enforceable - Able to be changed
5. To what extent do you agree that a 'stable law' is the most important characteristic of an effective law? (5 Marks)
6. Read the following case study and explain whether this law on begging is effective? (4 Marks)
Fining the homeless - what's the point?
A 64-year-old man, unemployed and an alcoholic, has accumulated $100,000 worth of fines. In the past five years he has faced court for 371 minor offences, including drinking in a public place, traveling without a valid ticket and begging. He is just one of the many homeless people accumulating large fines for minor street offences. Although begging in Victoria is illegal, it is not an uncommon sight in our city streets.
Success Criteria:
1. Be able to recall the elements of an effective law.
2. Be able to explain each element of an effective law.
3. Be able to apply understanding to exam style questions
4. Have examples of each of the elements of effective law.
Task words:
Key Knowledge #4: Sources of law such as common law and statute law
Sources of Law
Learning Intention: Students will understand the two sources of law and their differences.
Tasks:
1. Outline the criteria is for a judges (court-made) decision for it to be a 'Binding Precedent'
2. Outline when a 'court-made' decision is only 'Persuasive precedent'.
3. Explain the difference between 'common law' and 'statute law'
4. Complete '3.5 Check your Learning' on P60.
5. Use the PowerPoints below to help inform your understanding. Make notes as you go...
Success Criteria:
1. Be able to define Common Law and Statute Law
2. Be able to explain 'binding precedent'
3. Be able to explain 'persuasive precedent'
4. Be able to distinguish between common law and statute law.
5. Be able to explain statutory interpretation
Learning Intention: Students will understand the two sources of law and their differences.
Tasks:
1. Outline the criteria is for a judges (court-made) decision for it to be a 'Binding Precedent'
2. Outline when a 'court-made' decision is only 'Persuasive precedent'.
3. Explain the difference between 'common law' and 'statute law'
4. Complete '3.5 Check your Learning' on P60.
5. Use the PowerPoints below to help inform your understanding. Make notes as you go...
Success Criteria:
1. Be able to define Common Law and Statute Law
2. Be able to explain 'binding precedent'
3. Be able to explain 'persuasive precedent'
4. Be able to distinguish between common law and statute law.
5. Be able to explain statutory interpretation
Button for sharing research:
Sources of law & Relationship between Parliament and Courts
Statute Law
A Statute Law is a law made by parliament; also, known as legislation of Acts of Parliament
THE STAGES OF A BILL THROUGH PARLIAMENT:
- First Reading: The bill (a law before it’s been passed) is introduced to the house by the minister responsible for that area of law.
- Second Reading: The bill explained (by the minister), debated and then voted on.
- Consideration in detail: If needed, the Bill is considered in detail (clause-by-clause), and debated further.
- Third Reading: The bill will then be voted on and passed by the first house.
- Repeat: The steps above are repeated in the second house
- Royal Assent: The Governor–General then approves the bill before it becomes a law
- Proclamation: The ACT comes into operation on the date that is outlined on the Bill. If no date specified, then it comes into operation 28 days after Royal Assent was given.
- The act becomes a law
Note: A bill introduced into Parliament by a member of Parliament who is not a party of the Government is referred to as a ‘private member’s bill’
THE STAGES OF A BILL THROUGH PARLIAMENT:
- First Reading: The bill (a law before it’s been passed) is introduced to the house by the minister responsible for that area of law.
- Second Reading: The bill explained (by the minister), debated and then voted on.
- Consideration in detail: If needed, the Bill is considered in detail (clause-by-clause), and debated further.
- Third Reading: The bill will then be voted on and passed by the first house.
- Repeat: The steps above are repeated in the second house
- Royal Assent: The Governor–General then approves the bill before it becomes a law
- Proclamation: The ACT comes into operation on the date that is outlined on the Bill. If no date specified, then it comes into operation 28 days after Royal Assent was given.
- The act becomes a law
Note: A bill introduced into Parliament by a member of Parliament who is not a party of the Government is referred to as a ‘private member’s bill’
Common Law
Common Law comes into effect on two occasions:
1. - There is no previous law made and the judge needs to make a decision. That decision becomes precedent.
2. There is a law but the words are ambiguous (confusing) and need to be interpreted. The judge/magistrate will interpret and make a decision on the meaning of these words.
1. - There is no previous law made and the judge needs to make a decision. That decision becomes precedent.
2. There is a law but the words are ambiguous (confusing) and need to be interpreted. The judge/magistrate will interpret and make a decision on the meaning of these words.
Precedent
Precedents are decisions made by judges (because there is no prior legislation or the legislation needs clarification and application) that become part of the law and are followed by other courts to ensure the law is being applied consistently. Precedents are either binding or persuasive.
Binding Precedent
Persuasive Precedent A persuasive precedent (also known as persuasive authority) is a precedent that the court is not bound by but can choose to follow or be persuaded by it. A precedent is deemed persuasive if: - It is outside the jurisdiction (court hierarchy) of the current case. - It was decided in a lower court than the current case. |
Snail in the bottle case
(Donoghue v Stevenson) - Donoghue had a opaque bottle of ginger beer purchased for her by a friend. After drinking half of the contents, she discovered it contained a decomposed snail - She fell ill with severe gastroenteritis as a result - She could not sue for breach of contract for neither the café or the manufacturer because she did not buy the drink herself - Donoghue claimed the manufacturer (Stevenson) had been 'negligent' in washing the bottles before filling them with ginger beer so she sued him alleging it was the: * “Duty of the manufacturer to provide a system which would stop snails from getting into his ginger beer bottles.” * "Duty of the manufacturer to inspect the bottles before filling them with ginger beer and selling them to customers.” - Court ruled that Stevenson “failed to take reasonable care in supplying a product which he knew would be consumed” and the consumer/retailer had no opportunity to inspect goods without consumption - Court established the neighbour principle (a common law) which states that a person ‘must take reasonable care to avoid acts and omissions’ that may put their neighbours (people who are affected by the actions) at risk or harm. |
Developing or avoiding earlier precedents
There are 4 main ways courts can develop or avoid earlier precedents sufficiently. 1. If material facts of a case are different enough from the material facts in a binding precedent, lower courts may not have to follow the precedent. Instead, lower courts may distinguish the material facts in the present case from the ones in the previous case and to make a different decision. 2. A precedent can be overruled by a higher court in a different case. The high court may overrule a decision of a earlier case decided in the court of appeal. This means the precedent is overruled and no longer applies. 3. A precedent can be reversed when the same case is taken to a higher court on appeal. For example a case may have been decided in the supreme court and then appealed to the court of appeal where the decision is changed. When a precedent is reversed it no longer applies. 4. In some cases a court is bound by a precedent but expresses its disapproval or disagreement with the precedent. This is known as disapproving but does not change a precedent. In a higher court when deciding a later case, may choose to agree with the court that disapproved of the precedent and decide to overrule it. |
Dr Grant's Underpants
(Grant v Australian Knitting Mills Ltd Dr Grant got dermatitis from chemicals left from the manufacturing process in a pair of long woollen underpants he had purchased. At the time the ‘buyer-aware’ precedent was in place, which meant that it was Dr Grant’s responsibility to look for any defects in the garment before buying them. However, since in this case he could not have found the defect, it was ruled that the manufacturer owed a duty of care to the customer because they had caused him an injury. |
Interpreting Statutes
Often Acts of Parliament (statutes) are written very broadly so they are able to apply to various types of situations.
|
Studded Belt Case (Deing v Tarola)
|
Sources of Law: Questions
- Define the term ‘Common Law’, and give two other names for common law.
- Explain what is meant by the term ‘statute law’, and give two other names for a statute.
- Explain what is mean by the term ‘statutory interpretation’.
- What is a precedent?
- What is meant by the term ‘royal assent’ and at what stage of the legislative process does this occur?
- Explain 2 ways in which a higher court can avoid following a precedent.
- What court/s cannot make precedent?
Key Knowledge #5: An overview of the relationship between parliament and the courts
Relationship between Parliament and Courts
Learning Intention: Understanding that there are several ways in which courts and parliament are linked and these create a relationship.
Tasks:
1. Complete the table below to outline the different ways in which the courts and parliament are linked.
2. Record the definitions on page 47 in your Glossary
3. Read '3.4 Introduction to Parliament and the Courts'. (Don't do Q6)
4. Complete the '3.4 Check Your Learning' task on Page 50 of the textbook.
5. Read '3.6 The Relationship between Parliament and the Courts'.
6. Complete '3.6 Check your learning' on Page 60.
7. Exam style question: Explain two ways in which the courts and parliament have a relationship. 2 marks
Success Criteria:
1. Understand the relationships between the courts and parliament
2. Identify and explain the various relationships
3. Be able to answer exam style questions relating to relationship between courts and parliament.
Learning Intention: Understanding that there are several ways in which courts and parliament are linked and these create a relationship.
Tasks:
1. Complete the table below to outline the different ways in which the courts and parliament are linked.
2. Record the definitions on page 47 in your Glossary
3. Read '3.4 Introduction to Parliament and the Courts'. (Don't do Q6)
4. Complete the '3.4 Check Your Learning' task on Page 50 of the textbook.
5. Read '3.6 The Relationship between Parliament and the Courts'.
6. Complete '3.6 Check your learning' on Page 60.
7. Exam style question: Explain two ways in which the courts and parliament have a relationship. 2 marks
Success Criteria:
1. Understand the relationships between the courts and parliament
2. Identify and explain the various relationships
3. Be able to answer exam style questions relating to relationship between courts and parliament.
Four main relationship features:
There are four main features of the relationship between parliament and courts:
- the interpretation of statutes by courts
- the codification of common law
- the abrogration of common law
- the ability of courts to influence parliament
- the interpretation of statutes by courts
- the codification of common law
- the abrogration of common law
- the ability of courts to influence parliament
Statutory interpretation
For legislation to be effective, courts must apply the statutes to the cases before them. To do this, it is sometimes necessary for a court to interpret the meaning of the words in a statute or secondary legislation. Decisions by courts about the meaning of the words in statutes form precedents that become part of the law to be followed in the future, as illustrated in the legal case below.
Codification of common law
As parliament is a supreme law making body it is able to make laws that confirm a precedent that was set in court. They do this by passing an Act of Parliament (statute).
Abrogation of common law
Parliament (supreme law-making body) passes an Act of Parliament that specifically changes or abolishes laws made by the court (common law/common law principle).
Ability of courts to influence parliament
Courts also have the initial right to influence change in the law by parliament through their comments made during court cases. There are a number of reasons why courts want to do this. For example, they may indicate in a judgement that they think law should be changed by parliament. Courts may be reluctant to change the law themselves. Parliament can carry out investigations that courts cannot. Even so, statements made by a judge within a court decision may influence parliament to change the law.
For legislation to be effective, courts must apply the statutes to the cases before them. To do this, it is sometimes necessary for a court to interpret the meaning of the words in a statute or secondary legislation. Decisions by courts about the meaning of the words in statutes form precedents that become part of the law to be followed in the future, as illustrated in the legal case below.
Codification of common law
As parliament is a supreme law making body it is able to make laws that confirm a precedent that was set in court. They do this by passing an Act of Parliament (statute).
- This could occur if parliament agrees with a common law set in a court
Abrogation of common law
Parliament (supreme law-making body) passes an Act of Parliament that specifically changes or abolishes laws made by the court (common law/common law principle).
Ability of courts to influence parliament
Courts also have the initial right to influence change in the law by parliament through their comments made during court cases. There are a number of reasons why courts want to do this. For example, they may indicate in a judgement that they think law should be changed by parliament. Courts may be reluctant to change the law themselves. Parliament can carry out investigations that courts cannot. Even so, statements made by a judge within a court decision may influence parliament to change the law.
Key Knowledge #6: Types of law such as criminal law and civil law
Learning Intention: Understanding of the two types of law: Criminal law and Civil Law
Tasks:
1. Write a short paragraph that explains Civil Law.
2. Write a short paragraph that explains Criminal Law.
3. Record definitions of the words and examples used in Criminal Law.
4. Record definitions of the words and examples used in Civil Law.
5. Complete questions from Oxford Textbook 3.7 (Page 64)
Success Criteria:
1. Be able to recall commonly used words and examples for Civil Law.
2. Be able to recall commonly used words and examples for Criminal Law.
3. Be clear about the differences between Civil and Criminal Law.
4 .Understanding of Tort Law and the various Torts.
Tasks:
1. Write a short paragraph that explains Civil Law.
2. Write a short paragraph that explains Criminal Law.
3. Record definitions of the words and examples used in Criminal Law.
4. Record definitions of the words and examples used in Civil Law.
5. Complete questions from Oxford Textbook 3.7 (Page 64)
Success Criteria:
1. Be able to recall commonly used words and examples for Civil Law.
2. Be able to recall commonly used words and examples for Criminal Law.
3. Be clear about the differences between Civil and Criminal Law.
4 .Understanding of Tort Law and the various Torts.
CRIMINAL LAW
Criminal law is a body of law which protect the community by establishing crimes and setting down sanctions for people who commit crimes. A crime is an act or omission that breaks an existing law, harmful to an individual or society as a whole and punishable by law. Examples include murder, theft and assault.
Criminal law is a body of law which protect the community by establishing crimes and setting down sanctions for people who commit crimes. A crime is an act or omission that breaks an existing law, harmful to an individual or society as a whole and punishable by law. Examples include murder, theft and assault.
CIVIL LAW
Civil law is an area of law that regulates disputes between individuals and groups and seeks to enforce rights where harm has occurred. Examples of areas of civil law include tort law (negligence, defamation, trespass and nuisance) and contract law. Civil disputes are private disputes, and do not involve the police or the state (unless the state government is a party to the civil dispute, which can occur.) The main aim of civil law is to remedy a civil wrong, by returning the person whose rights have been infringed to their original position. This is done through civil remedies. The most common remedy is damages, which is a sum of money awarded to the person who has suffered harm.
- Negligence: The act of being careless which causes damage to someone.
- Defamation: The act of ruining someones reputation, leading to some harm.
- Trespass: Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.
- Nuisance:
Civil law is an area of law that regulates disputes between individuals and groups and seeks to enforce rights where harm has occurred. Examples of areas of civil law include tort law (negligence, defamation, trespass and nuisance) and contract law. Civil disputes are private disputes, and do not involve the police or the state (unless the state government is a party to the civil dispute, which can occur.) The main aim of civil law is to remedy a civil wrong, by returning the person whose rights have been infringed to their original position. This is done through civil remedies. The most common remedy is damages, which is a sum of money awarded to the person who has suffered harm.
- Negligence: The act of being careless which causes damage to someone.
- Defamation: The act of ruining someones reputation, leading to some harm.
- Trespass: Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.
- Nuisance:
Key Knowledge #7: The distinction and relationship between criminal law and civil law
Learning Intention: Understanding of the differences between Criminal Law and Civil Law
Tasks:
1. Complete questions from Oxford textbook 3.8.
2. Draw a table that show the differences between civil and criminal law.
Civil: Recognise rights of individual have been infringed and restore the injured party to their original position.
Civil: Plaintiff
Civil: Balance of probabilities
Civil: Plaintiff
Civil: Remedy
3. Complete the following activity involving identifying whether the disputes/actions are criminal, civil or both....
Identify whether the following disputes/actions are criminal, civil or both...
Success Criteria:
1. Be able to distinguish the aim of civil and criminal law.
2. Be able to distinguish examples of crimes/laws for criminal and civil law
3. Be able to distinguish between possible consequences for Criminal and Civil Law.
Tasks:
1. Complete questions from Oxford textbook 3.8.
2. Draw a table that show the differences between civil and criminal law.
- Purpose:
Civil: Recognise rights of individual have been infringed and restore the injured party to their original position.
- Burden of proof
Civil: Plaintiff
- Standard of proof
Civil: Balance of probabilities
- Parties:
Civil: Plaintiff
- Outcome:
Civil: Remedy
3. Complete the following activity involving identifying whether the disputes/actions are criminal, civil or both....
Identify whether the following disputes/actions are criminal, civil or both...
- Tina is accusing People magazine of defamation, after they publish an article about her that is untrue.
- John murders his girlfriend Vanessa, after he finds her cheating.
- Arthur holds up a convenience store with a shotgun and takes $5000 in cash.
- Jane gets caught trespassing on private property.
- Simon does not meet his contractual obligations with his employer.
- Jim is disputing his ex wife’s claim for sole custody over their children.
- Susan drives 150 kph in an 80 zone
- Mary viciously attacks Mark with a knife after an argument in a nightclub.
- Gordon sexually assaults Janet in a park
- Orhan borrowed his friend’s car and went for a joyride although he was only 16 years’ old.
- Andrew was seriously injured when the school’s basketball ring fell on him during a basketball game.
- Fida paid $13,000 to have a special dress made for the debutante ball, but when it was delivered it was different from the pattern she had given to the dressmaker.
- Eddie was caught on a train without having paid for a ticket.
- Katie wants the money promised to her in her mother’s will.
- Baby Carter dies after his mother neglects to feed him sufficiently and keep him warm.
- Judy steals a car from a shopping centre carpark.
- Alex is injured when she slips on a supermarket floor in a puddle that has not been mopped up or clearly indicated.
- Fred breaks a shop window whilst wandering home drunk.
- James gets caught trying to smuggle 5 kilos of illegal drugs into the country
- Billy sets an abandoned warehouse on fire.
- Marg steals a pair of designer jeans from David Jones.
- Kevin’s builder has left his house half finished for four months now.
- Denise and Jenny are arguing about who owns the land at the edge of both their properties.
- After leaving a pub, drunk, Leslie crashes his car killing his girlfriend in the passenger seat.
Success Criteria:
1. Be able to distinguish the aim of civil and criminal law.
2. Be able to distinguish examples of crimes/laws for criminal and civil law
3. Be able to distinguish between possible consequences for Criminal and Civil Law.
Lower-order thinking questions
1. Identify some Non-Legal rules in the image above (3 Marks)
2. Identify some Legal rules in the image above (3 Marks)
3. Who enforces non-legal rules? (2 Marks)
4. Who enforces legal rules? (2 Marks)
Medium-order thinking questions
1. Using examples, distinguish between Legal rules and Non-Legal rules (4 Marks)
2. "Legal rules are much more important than Non-Legal rules". Discuss... (5 Marks)
2. "Legal rules are much more important than Non-Legal rules". Discuss... (5 Marks)
Higher-order thinking questions
1. Evaluate the role that non-legal rules play as an effective part of our society (6 Marks)
2. Compare and contrast legal and non-legal rules (6 Marks)
3. To what extent do you agree that legal rules are more important than non-legal rules. (6 Marks)
1. Evaluate the role that non-legal rules play as an effective part of our society (6 Marks)
2. Compare and contrast legal and non-legal rules (6 Marks)
3. To what extent do you agree that legal rules are more important than non-legal rules. (6 Marks)
Key Knowledge 4: The distinction between criminal law and civil law
Monday 28th November 2016
Learning Intention: Students should understand the key differences between civil and criminal law.
TASKS:
1. Draw a table that show the differences between civil and criminal law.
Civil: Recognise rights of individual have been infringed and restore the injured party to their original position.
Civil: Plaintiff
Civil: Balance of probabilities
Civil: Plaintiff
Civil: Remedy
2. Complete the following activity involving identifying whether the disputes/actions are criminal, civil or both....
Identify whether the following disputes/actions are criminal, civil or both...
3. Access the following activity and fill in the table with the missing parts.
TASKS:
1. Draw a table that show the differences between civil and criminal law.
- Purpose:
Civil: Recognise rights of individual have been infringed and restore the injured party to their original position.
- Burden of proof
Civil: Plaintiff
- Standard of proof
Civil: Balance of probabilities
- Parties:
Civil: Plaintiff
- Outcome:
Civil: Remedy
2. Complete the following activity involving identifying whether the disputes/actions are criminal, civil or both....
Identify whether the following disputes/actions are criminal, civil or both...
- Tina is accusing People magazine of defamation, after they publish an article about her that is untrue.
- John murders his girlfriend Vanessa, after he finds her cheating.
- Arthur holds up a convenience store with a shotgun and takes $5000 in cash.
- Jane gets caught trespassing on private property.
- Simon does not meet his contractual obligations with his employer.
- Jim is disputing his ex wife’s claim for sole custody over their children.
- Susan drives 150 kph in an 80 zone
- Mary viciously attacks Mark with a knife after an argument in a nightclub.
- Gordon sexually assaults Janet in a park
- Orhan borrowed his friend’s car and went for a joyride although he was only 16 years’ old.
- Andrew was seriously injured when the school’s basketball ring fell on him during a basketball game.
- Fida paid $13,000 to have a special dress made for the debutante ball, but when it was delivered it was different from the pattern she had given to the dressmaker.
- Eddie was caught on a train without having paid for a ticket.
- Katie wants the money promised to her in her mother’s will.
- Baby Carter dies after his mother neglects to feed him sufficiently and keep him warm.
- Judy steals a car from a shopping centre carpark.
- Alex is injured when she slips on a supermarket floor in a puddle that has not been mopped up or clearly indicated.
- Fred breaks a shop window whilst wandering home drunk.
- James gets caught trying to smuggle 5 kilos of illegal drugs into the country
- Billy sets an abandoned warehouse on fire.
- Marg steals a pair of designer jeans from David Jones.
- Kevin’s builder has left his house half finished for four months now.
- Denise and Jenny are arguing about who owns the land at the edge of both their properties.
- After leaving a pub, drunk, Leslie crashes his car killing his girlfriend in the passenger seat.
3. Access the following activity and fill in the table with the missing parts.