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Key Concepts in VCE Legal Studies Units 3 & 4 2E & eBookPLUS

Key Concepts in VCE Legal Studies Units 3 & 4 2E & eBookPLUS
Title information
Author/s
Wilson
ISBN13 9781118310496
Pub date July 2012
Pages 480
RRP $84.95
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Key Concepts in VCE Legal Studies Units 3 & 4 Second Edition has been revised and updated to address key knowledge areas from the study design, separated into easy to understand fundamental concepts.

KEY FEATURES
 
• current real-world legal case studies that grab the student's attention
• clear and engaging design

Key Concepts in VCE Legal Studies Units 3 & 4 Second Edition & eBookPLUS is a hard copy of the student text, accompanied by eBookPLUS - an electronic version of the textbook and a complementary set of targeted digital resources. These flexible and engaging ICT activities are available online at the JacarandaPLUS website (www.jacplus.com.au). 



> eBookPLUS resources include:

• Access from any digital device PC/MAC/iPad/Android Tablet.
Worksheets - Word documents designed for easy customisation and editing.
Interactivities and games to reinforce and enhance student learning.
eLessons - engaging video clips and supporting material.
Weblinks to relevant support material on the internet.
ProjectsPLUS - unique ICT-based projects that provide opportunities for students to demonstrate creativity, thinking skills and teamwork.

 

How to use this book ix
About eBookPLUS xi
ICT activities xii
About the authors xiii
Acknowledgements xiv
Introduction to Legal Studies xvii

Unit 3 Law-making 1

Chapter 1 Parliament and the citizen 2
1.1 Introduction to our parliamentary system 4
1.2 The structure and role of the Commonwealth Parliament 6
1.3 Structure and role of the Victorian parliament 10
1.4 Principles of the Australian parliamentary system 13
1.5 The reasons laws may need to change 17
1.6 The role of the Victorian Law Reform Commission 21
1.7 Means by which individuals and groups influence legislative
change 25
1.8 Use of the media and legislative change 29
Skill drill 32
1.9 The legislative process for the progress of a Bill through
parliament 34
1.10 Strengths and weaknesses of parliament as a
law‑making body 38
Extend and apply your knowledge Law-making by parliament 41
Review 43

Chapter 2 The Commonwealth Constitution 48
2.1 Federation and the role of the Constitution 50
2.2 Constitutional division of powers between state and
Commonwealth parliaments 53
2.3 Constitutional restrictions on parliamentary
law-making powers 57
2.4 The process of change by referendum 59
2.5 Factors affecting the likely success of referenda 61
Extend and apply your knowledge A failed referendum:
the 1999 republic debate 64
2.6 The ways in which one successful referendum changed
the division of law-making power 66
2.7 The role of the High Court 69
2.8 High Court cases involving the interpretation of the
Constitution 73
2.9 High Court cases involving interpretation of the
Constitution: regulating mass communication technologies 75
2.10 High Court cases involving the interpretation of the
Constitution: financial relations 77
2.11 Referral of law-making power by the states to the
Commonwealth Parliament 79
Skill drill 81
Review 83

Chapter 3 The protection of rights under the
Commonwealth Constitution 88
3.1 An introduction to rights 90
3.2 Structural protection of rights 92
3.3 The means by which the Constitution protects rights:
express rights 95
3.4 The means by which the Constitution protects rights:
implied rights 100
Extend and apply your knowledge The implied right to
freedom of speech 105
3.5 Approaches to the protection of rights in Australia and
overseas 107
Skill drill 110
3.6 The US Constitution and structural protection of rights 112
3.7 Protection of rights through the US Bill of Rights 114
3.8 The Canadian Constitution and structural protection
of rights 118
3.9 Protection of rights through the Canadian Charter of
Rights and Freedoms 120
3.10 The South African Constitution and structural
protection of rights 125
3.11 Protection of rights through the South African Bill of Rights 127
3.12 The New Zealand Constitution and structural
protection of rights 131
3.13 Protection of rights through the New Zealand Bill of
Rights Act 133
Review 137

Chapter 4 The role of the courts as law‑makers 142
4.1 What is the common law? 144
4.2 The role of judges in the common law 149
Extend and apply your knowledge Developing law through
precedent 153
4.3 Statutory interpretation 156
4.4 Tools used to interpret legislation 160
4.5 The effect of statutory interpretation 164
4.6 Strengths and weaknesses of law-making by courts 167
Skill drill 171
4.7 Relationship between the courts and parliament in
law-making 173
Review 178
Unit 4 Resolution and justice 183

Chapter 5 Dispute resolution methods 184
5.1 An introduction to the jurisdiction of the courts 186
Extend and apply your knowledge Criminal cases
and civil disputes 189
5.2 Reasons for a court hierarchy 191
5.3 The Victorian court hierarchy — the Magistrates’ Court of
Victoria 194
5.4 The Victorian court hierarchy — specialist jurisdictions
within the Magistrates’ Court 197
5.5 The Victorian court hierarchy — the Victorian
County Court 200
5.6 The Victorian court hierarchy — the Supreme
Court of Victoria 203
5.7 The Victorian court hierarchy — the Supreme
Court of Appeal 206
Skill drill 208
5.8 The role of the Victorian Civil and Administrative
Tribunal (VCAT) 210
5.9 Dispute resolution methods used by the courts and
VCAT: mediation and conciliation 215
5.10 Dispute resolution methods used by the courts and
VCAT: arbitration and judicial determination 218
5.11 An evaluation of the way the courts and VCAT
operate to resolve disputes 220
Review 224

Chapter 6 The elements of an effective legal system 230
6.1 The adversary system of trial aims to achieve a fair and unbiased
hearing 232
6.2 The jury system and court processes and procedures aim to
achieve a fair and unbiased hearing 235
Extend and apply your knowledge Sentencing to
achieve a fair and unbiased hearing 239
6.3 Access to the courts is vital for an effective legal system 241
6.4 Tribunals like VCAT increase access to the legal system 245
6.5 An effective legal system resolves disputes in a
timely manner 249
Skill drill 252
Review 254

Chapter 7 The adversary system 260
7.1 The adversary system: role of the parties and the judge 262
7.2 The adversary system: strict rules of evidence and procedure 265
7.3 The adversary system: the need for legal representatives and
burden and standard of proof 269
7.4 The adversary system: achieving the elements of an
effective legal system 272
Extend and apply your knowledge The adversary
system of trial 274
7.5 The inquisitorial system 276
7.6 Possible reforms to the adversary system 280
Skill drill 284
Review 287

Chapter 8 Criminal procedure 292
8.1 An introduction to criminal pre-trial procedures 294
8.2 An overview of criminal pre-trial procedures and
their purpose 297
8.3 Criminal pre-trial procedures: bail and remand 299
8.4 Criminal pre-trial procedures: committal hearings 302
8.5 The general purposes of criminal sanctions 305
8.6 An overview of sanctions: imprisonment 309
Extend and apply your knowledge Youth residential
centre orders and youth justice centre orders 312
8.7 An overview of sanctions: suspended sentences 315
8.8 An overview of sanctions: community correction orders 317
Skill drill 321
Review 323

Chapter 9 Civil procedure 328
9.1 Taking civil action 330
9.2 Deciding whether or not to take civil action 332
9.3 Pre-trial procedure: pleadings 336
9.4 Pre-trial procedure: discovery and directions hearings 340
9.5 Pre-trial procedure: A summary 343
Extend and apply your knowledge Civil proceedings 345
9.6 Civil remedies: damages and their purpose 347
9.7 Non-financial civil remedies and their purpose 351
Skill drill 354
Review 356

Chapter 10 The jury system 364
ICT activity 366
10.1 Role of juries 368
10.2 Factors that influence the composition of juries 372
10.3 Empanelling a jury 377
10.4 Role of the judge in a jury trial 381
10.5 Strengths and weaknesses of the jury system 383
10.6 Juries and an effective legal system 385
10.7 Suggested reforms of the jury system 389
10.8 Suggested alternatives to the jury system 392
Extend and apply your knowledge Role of jurors 395
Skill drill 397
Review 399

Chapter 11 Evaluating the effectiveness of
the legal system 406
11.1 Problems with the legal system: high legal costs can limit
effectiveness 408
11.2 Problems with the legal system: disadvantaged groups
have limited access 411
11.3 Problems with the legal system: indigenous Australians
have limited access 415
Extend and apply your knowledge Problems faced by
indigenous Australians in using the legal system 418
11.4 Problems with the legal system: delays 420
11.5 Recent changes and recommendations to reduce delays 423
11.6 Recent changes and recommendations to the civil
justice system 427
11.7 Recent changes and recommendations to enhance
the criminal justice system 430
Skill drill 434

Review 436
Glossary 441
Index 449

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