Unit 1 Overview
Unit 1 lays the foundation for understanding Australian law. These are the four key topics covered under Unit 1:
- Legal foundations: students are introduced to the foundations, features and processes of Australia’s legal system. They will investigate concepts such as the rule of law, the separation of powers in the legal systems, Australia’s court hierarchy, and processes of federal law-making.
- Criminal investigation process: students further their understanding of criminal law by studying its principles, the types of crimes and how the law is enforced. The topic covers the investigation, prosecution and adjudication of criminal cases, the role of stakeholders and criminal behaviour.
- Criminal trial process: students examine the role of the courts in criminal law, the components of a fair trial and how the features of the criminal trial contribute to the achievement of justice. Examples of the concepts studied include court processes, jury selection, the standard of proof in court, and rules of evidence. Students will also study relevant criminal cases to assist their understanding.
- Punishment and sentencing: this topic covers the theories of punishment and criminal conviction. The main concepts studied are the principles of sentencing, including deterrence, retribution and rehabilitation, and sentencing options, including fines, community service orders, and imprisonment.
Key aspects and takeaways
This unit emphasises understanding the criminal justice system as a dynamic and evolving framework. Key aspects include:
- Legal principles: Unit 1 is a foundation-building unit. Some major legal principles taught include the presumption of innocence, the standard of proof, and the rule of law.
- Case studies: real-life cases demonstrating the application and importance of criminal law principles.
- Ethical considerations: the rule of law covers just and equitable outcomes, and balancing the rights and responsibilities of the victims and accused persons.
Key takeaways include:
- Students should leave this unit with a strong grasp of how the Australian criminal justice system works and its relevance to contemporary society.
- They will also critically analyse existing legal processes and propose reforms to improve justice outcomes by completing extended responses.
How is the unit assessed?
Assessments for the four topics are similar in style, though they differ in content. The two major types of assessments are:
- Examination – combination response. A Legal Studies examination has two parts. Part A covers short-answer questions that test students’ understanding of the Unit’s foundational concepts. Part B is an extended response of 400-600 words, requiring students to analyse various legal sources to create a short essay regarding certain legal issues.
- Investigation. These include either an inquiry report or an argumentative essay. Both assessments require students to research a contemporary legal issue and propose viewpoints, alternatives and recommendations. The length of an “investigation” is 1500-2000 words, and students develop their responses during class and in their own time. For Unit 1, students typically complete an inquiry report.
How to excel in Legal Studies (tips and study methods)
Tips for Success
- Understand the marking criteria. This is important for both types of assessments. For the examination, this ensures you stay on topic and answer each question concisely. For the investigation, this means you must address every aspect of the task sheet to ensure no marks are lost.
- Thorough planning. Planning is key to success in the exam’s extended response and in the investigation. Students are given rough work sheets for planning before the exam begins. This is a crucial time for students to create an outline to structure their writing and brainstorm arguments. Detailed planning is crucial for the investigation as it ensures the content of the report or essay is relevant and that the writing is well-structured.
- Use credible sources. This is especially important for the investigation. Students must include primary and secondary sources in their writing to ensure top marks. Primary legal sources refer to actual laws in the form of constitutions, court cases, legislations etc. Good secondary sources include academic journals and law reviews. The sources included should be relevant to the content of the investigation, and students should incorporate the sources concisely, for example, using full quotes only when necessary.
- Proofread and edit. Students should constantly review their work to check the logical flow, grammar and succinctness of their writing. It is a good idea for students to mark their reports or essays as if they were reading them for the first time. This ensures students can easily spot their mistakes.
- Some effective study methods include flashcards and practice questions. Flashcards help with students’ memory of key legal terminology and concepts for the examination. Practice questions help students understand and familiarise themselves with the exam structure.
Unit 1 Legal Studies FAQs
What is the best way to research for the inquiry report?
Start with the QCAA-recommended resources, including legal databases and government websites. Read through teacher-recommended articles and take note of relevant arguments that may be used as a source. Avoid unverified sources and focus on academic articles and law reviews.
What should I do if I find legal terminology confusing?
Build a glossary of legal terms as you progress through the unit. This may be in the form of a document or flashcards.
How do I balance legal studies with other subjects?
Create a study schedule that dedicates specific blocks of time for studying each subject. Use class time to complete assessment tasks, and ask your teacher for help if you feel overwhelmed.
By understanding the Unit 1 structure, content and assessments, students can develop the skills necessary to excel in QCE Legal Studies. I hope you found the study tips helpful. Good luck with your studies!
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This article was written by KIS Academics Tutor Andrea Chan. Andrea is studying a Bachelor of Science/Doctor of Medicine at UQ and is a tutor for various QCE subjects, including biology, chemistry, math methods, legal studies and english. You can view Andrea’s profile here and request her as a tutor.