-+Legal+Studies

Legal Studies Legal Studies Syllabus

Core Unit: Crime Crime is the first core unit for Legal Study in the HSC. This section examines the nature of crime, and the processes of the criminal justice system.

Below is a link to the NSW State Libary which offers a wide range of information on the criminal justice process. []

Due Date: Wednesday 19th December
 * Crime Assessment Task **

This will be an in-class task consisting of
 * 15 multiple choice questions (15marks)
 * One long response question (15marks)

__**Use the following links to create a set of notes for your assessment task. **__

**Essay writing activities**: []

**Rule of Law institute resources:** @http://www.ruleoflaw.org.au/legal-studies/ **HSC CSU online:** http://hsc.csu.edu.au/legal_studies/structure/crime/4076/core_part1.htm

__**Links to media articles (Sydney Morning Herald) **__

<span style="font-family: Verdana,Geneva,sans-serif; font-size: 120%;">**Bail law reforms:** http://www.smh.com.au/nsw/-2aelt.html

<span style="font-family: Verdana,Geneva,sans-serif; font-size: 120%;">**Provocation as a defence:** @http://www.smh.com.au/nsw/-27txl.html

<span style="font-family: Verdana,Geneva,sans-serif; font-size: 120%;">**Public order offences**: http://www.smh.com.au/opinion/-27rio.html

<span style="font-family: Verdana,Geneva,sans-serif; font-size: 120%;">**Self defence**: http://www.smh.com.au/nsw/-26qnd.html

<span style="font-family: Verdana,Geneva,sans-serif; font-size: 120%;">**Continued detention:** http://www.smh.com.au/nsw/-26hii.html

<span style="font-family: Verdana,Geneva,sans-serif; font-size: 120%;">There are recent calls for changes in NSW Crime Law to keep convicted criminals in jail after serving their sentence. <span style="font-family: Verdana,Geneva,sans-serif; font-size: 120%;">Here is an article on the issue from Sydney Morning Herald.
 * <span style="font-family: Verdana,Geneva,sans-serif; font-size: 120%;">Keeping up-to-date! **

<span style="font-family: Verdana,Geneva,sans-serif; font-size: 120%;">[]

<span style="font-family: Verdana,Geneva,sans-serif; font-size: 120%;">Lawlink Information on Young Offenders <span style="font-family: Verdana,Geneva,sans-serif; font-size: 120%;">[]

<span style="background-color: #ffff82; color: #008000; display: block; font-family: verdana,geneva,sans-serif; font-size: 28px; text-align: left;">International Crime = = ====<span style="font-family: Verdana,Geneva,sans-serif; font-size: 120%;">There are currently several cases of genocide trial around the world. One of these cases currently running are the genocide in Bosnia, ==== <span style="font-family: Verdana,Geneva,sans-serif; font-size: 120%;">Rwandan, and Cambodia.
 * <span style="font-family: Verdana,Geneva,sans-serif; font-size: 120%;">Genocide **

<span style="font-family: Verdana,Geneva,sans-serif; font-size: 120%;">Here are some documents and articles on the Cambodia Genocide trials: <span style="font-family: Verdana,Geneva,sans-serif; font-size: 120%;">

<span style="font-family: Verdana,Geneva,sans-serif; font-size: 120%;">Here is a recent ABC report on the ICJ in Cambodia overbudgeting and running out of money <span style="font-family: Verdana,Geneva,sans-serif; font-size: 120%;">[]

= Option 1: Family Law =


 * Principal focus:** Through the use of contemporary examples, students investigate the legal nature of family relationships and the effectiveness of the law in achieving justice.


 * Themes and challenges to be incorporated throughout this topic:**
 * the role of the law in encouraging cooperation and resolving conflict in regard to family
 * issues of compliance and non-compliance
 * changes to family law as a response to changing values in the community
 * the role of law reform in achieving just outcomes for family members and society
 * the effectiveness of legal and non-legal responses in achieving just outcomes for family members.

Useful background information about family:
For information about family related issues such as adoption, domestic violence, de facto relationships, same-sex couples, care and protection and surrogacy see [|family issues]
 * [|Marriage, separation and divorce] from Chapter 26, //The Law Handbook//, 12th edition Thomson Reuters 2012 (also available in your public library). Covers marriage certificates, foreign marriages, separation, and applying for divorce
 * [|Property and maintenance] from Chapter 26, //The Law Handbook//, 12th edition Thomson Reuters 2012 (available in your public library). Examines property division and maintenance for married and de facto couples. Covers time limits, division of property and property entitlements, future needs, types of agreements and consent orders, spouse maintenance, child support, and agreements between de facto partners
 * [|Parenting after separation] from Chapter 26, //The Law Handbook//, 12th edition Thomson Reuters 2012 (available in your public library). Covers children's rights and parental responsibility, parenting plans, family dispute resolution, parenting orders, family violence, changing a child's name, enforcing parenting orders, and child abduction
 * //Families//, Hot Topics 82, 2012, LIAC, an excellent and readable overview of family law and family related issues
 * [|Family law: frequently asked questions], Legal Aid NSW, an excellent introduction to family law. Available in all NSW public libraries and the State Library. Also check your school library
 * [|Best for kids], Legal Aid NSW - excellent series of videos and links to information about children of separating couples

FAMILY LAW ACT 1975 - SECT 43
(1) The Family Court shall, in the exercise of its jurisdiction under this Act, and any other court exercising jurisdiction under this Act shall, in the exercise of that jurisdiction, have regard to: (a) the need to preserve and protect the institution of marriage as the union of a man and a woman to the exclusion of all others voluntarily entered into for life; (b) the need to give the widest possible protection and assistance to the family as the natural and fundamental group unit of society, particularly while it is responsible for the care and education of dependent children; (c) the need to protect the rights of children and to promote their welfare; (ca) the need to ensure protection from family violence; and (d) the means available for assisting parties to a marriage to consider reconciliation or the improvement of their relationship to each other and to their children. (2) Paragraph (1)(a) does not apply in relation to the exercise of jurisdiction conferred or invested by Division 2.
 * Principles to be applied by courts**

=__**Legal rights and obligations of parents and children**__= ====Family Law Reform Act 1995(cth) and the Family Law Act 1975(cth) both provides and outlines the legal rights and responsiblity for parents and children. Further admedment to the act was made in 2006 with the Family Law admendment(share parental responsibility) act 2006(cth), which further examines the rights of the child.====

All parent have responsiblilty for their children and in addition they have certain right to raise their children in the best manner they see fit. These are outlined as followed:
====(1) In NSW it is compulsory for a child to attend an education facility from the age of 6 until thr minimum school-leaving age, which is 17. Changes to the Education Act 1900(NSW) in 2009 now require every year 10 to be in some form of education, training or emplyment until she or he reaches the age of 17.==== ====(2) Parent have the right to discipline their child by physical force in oreder to corret a child's behaviour. However the physical force must be reasonable, "having regard to age,health, maturity or other characteristics of the child, the nature of the alleged misbehaviour or other circumstance'.==== ====(3) Medical or dental treatment of young person aged 16-17 requires the consent of the young person. These requirements are contained in the minors(property and contracts) act 1970(NSW) section 49. If parent refuses treatment, a court can authorise treatment on the grounds of best interest of the child.====

State library news watch on the topic of workplace law
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Casualization of Australian workplace The increase in the amount of Casuals employment in Australia in recent years have been dramatic. This topic of casualization is a key example of balancing the rights of employers and employees. SMH news article on the issue. []

7.30 ABC report on the issue []

This week we saw another rise in minimum wage in Australia. On one side the Union says the rise is too small, and on the other business are crying fowl over this rise. This is a good example of how its very difficult to satisfy both the need of employers and employees.

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<span style="background-color: #ffff82; color: #008000; display: block; font-family: verdana,geneva,sans-serif; font-size: 28px; text-align: left;">Past HSC Papers <span style="font-family: Verdana,Geneva,sans-serif; font-size: 150%;">Legal Studies 2011 HSC paper <span style="font-family: Verdana,Geneva,sans-serif; font-size: 150%;">[]

<span style="font-family: Verdana,Geneva,sans-serif; font-size: 150%;">Legal Studies Specimen Paper 2011 http://www.boardofstudies.nsw.edu.au/syllabus_hsc/pdf_doc/legal-studies-specimen-paper-2011.pdf

<span style="font-family: Verdana,Geneva,sans-serif; font-size: 120%;">This is because the 2010 paper is the old format and contains a topic that is no longer in the syllabus. The specimen paper is the correct format and topics.