VCE Legal Studies examines the institutions and principles essential to the Australian legal system. Students develop an understanding of the rule of law, lawmakers, legal institutions, the relationship between the people and the Australian Constitution, the protection of rights in Australia, and the Victorian justice system. Through applying knowledge of legal concepts and principles to a range of actual and/or hypothetical scenarios, students develop an ability to use legal reasoning to argue a case for or against a party in a civil or criminal matter. They develop an appreciation of the ability of people to actively seek to influence changes in the law and analyse both the extent to which our legal institutions are adequate and whether the Victorian justice system achieves the principles of justice.
Laws, including criminal law, aim to achieve social cohesion and protect the rights of individuals. Criminal law is aimed at maintaining social order. When criminal law is broken, a crime is committed, which is punishable and can result in criminal charges and sanctions. Students develop an understanding of legal foundations, such as the different types and sources of law, the characteristics of an effective law, and an overview of parliament and the courts. Students are introduced to and apply the principles of justice. They investigate key criminal law concepts and apply these to actual and/or hypothetical scenarios to determine whether an accused may be found guilty of a crime.
Civil law aims to protect the rights of individuals when rights are infringed and disputes that need resolution arise. 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 by investigating 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.
In this unit, students examine the methods and institutions in the criminal and civil justice system and consider their appropriateness in determining criminal cases and resolving civil disputes.
Students consider the Magistrates’ Court, County Court, and Supreme Court within the Victorian court hierarchy, as well as other means and institutions used to determine and resolve cases.
Students explore topics such as the rights available to an accused and to victims in the criminal justice system, the roles of the judge, jury, legal practitioners and the parties, and the ability of sanctions and remedies to achieve their purposes.
In this unit, students explore how the Australian Constitution establishes the law-making powers of the Commonwealth and state parliaments, and how it protects the Australian people through structures that act as a check on parliament in law-making. Students develop an understanding of the significance of the High Court in protecting and interpreting the Australian Constitution. They investigate parliament and the courts, and the relationship between the two in law-making, and consider the roles of the individual, the media and law reform bodies in influencing changes to the law, and past and future constitutional.
