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Key Concepts in VCE Legal Studies Units 1 & 2 2E & eBookPLUS - Jan Dunne

Key Concepts in VCE Legal Studies Units 1 & 2 2E & eBookPLUS

Paperback

Published: 6th August 2012
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Key Concepts in VCE Legal Studies Units 1 & 2 Second Edition has been revised and updated and now features:

• key knowledge from the study design broken down into easy to understand key concepts
• current real-world legal case studies grab student attention
• clear and engaging design



Key Concepts in VCE Legal Studies Units 1 & 2 Second Edition
also features 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).  

Your eBookPLUS resources include:
• video eLessons with real-life cases bring Legal Studies to life
• interviews with legal professionals
• weblinks to legal websites
• crosswords for each chapter to aid revision

 

About eBookPLUS x
ICT activities xi
About the authors xii
Acknowledgements xiii

Unit 1 Criminal law in action 1
Chapter 1 Rules in society 2
1.1 The difference between legal and non-legal rules 4
Extend and apply your knowledge Rules in society 8
1.2 The need for laws 10
1.3 Characteristics of an effective law 12
1.4 The distinction between criminal and civil law 14
1.5 Dividing law-making power between the Commonwealth and state parliaments
1.6 Federal parliament and its characteristics and role in law-making 19
1.7 State parliament and its characteristics and role in law?making 23
1.8 The process of making law in parliament 26
1.9 Role and characteristics of subordinate authorities
in law-making 30
Review 34

Chapter 2 Our criminal laws 38
2.1 Principles of criminal liability 40
2.2 Crimes against the person - murder 44
2.3 Crimes against the person - manslaughter, defensive homicide, serious driving offences and infanticide 47
2.4 Crimes against the person - assault and sexual offences 51
2.5 Defences to crimes against the person 53
Extend and apply your knowledge Defensive homicide 57
2.6 Crimes against property and related defences 59
Review 61

Chapter 3 Criminal investigation 66
3.1 Police powers - questioning suspects 68
3.2 Police powers - searching suspects and property 71
3.3 Police powers - obtaining forensic samples 74
Extend and apply your knowledge Police powers 78
3.4 Police powers - fingerprinting, identification parades, photographing suspects 80
3.5 Bringing a suspect to court and a suspect’s right to complain 83
Review 86

Chapter 4 Criminal justice 92
4.1 The aim of criminal sanctions 94
4.2 Sanctions and their effectiveness - drug treatment orders 96
4.3 Sanctions and their effectiveness - imprisonment 98
4.4 Sanctions and their effectiveness - detention orders and supervision orders 100
4.5 Trends in crime, sentencing and recidivism 102
4.6 Comparing one aspect of sentencing in Victoria with that of an international jurisdiction - the death penalty 105
Extend and apply your knowledge Sentencing 108
4.7 The impact of crime on individuals and society 110
4.8 Compensating victims of crime 112
Review 115

Chapter 5 Our criminal courts and the people who run them 120
5.1 Reasons for a court hierarchy 122
5.2 Criminal jurisdiction of courts in the Victorian court hierarchy 125
Extend and apply your knowledge Court etiquette and specialist courts within the Magistrates’ Court 130
5.3 Role of court personnel 134
Extend and apply your knowledge Victorian courts and
court personnel 138
Review 140

Chapter 6 The criminal courtroom 144
ICT activity 146
6.1 Bail, remand and committal hearings 148
6.2 Adversary system of trial 151
Extend and apply your knowledge Adversary system 155
6.3 Victorian Charter of Human Rights and Responsibilities 158
6.4 The jury system in criminal trials 161
6.5 The jury system - should it stay or go? 163
6.6 Advice and assistance available through legal aid 165
Review 167
Unit 2 I ssues in civil law 171

Chapter 7 Civil law and law-making through
the courts 172
7.1 An introduction to civil law 174
7.2 The court hierarchy and civil disputes 178
7.3 Law-making through the courts - precedent 181
7.4 Law-making through the courts - statutory interpretation 186
Extend and apply your knowledge Legal precedent - what constitutes discrimination? 189
Review 191

Chapter 8 Tort law 194
8.1 Negligence 196
8.2 Defences to negligence 200
Extend and apply your knowledge Negligence and remoteness of damage 203
8.3 Defamation and defences 205
8.4 Nuisance and defences 209
8.5 Trespass to person and defences 212
8.6 Trespass to land and goods and related defences 215
Review 218

Chapter 9 Solving a civil dispute 222
9.1 Methods of dispute resolution 224
Extend and apply your knowledge Dispute resolution methods 228
9.2 Dispute resolution - taking civil action 230
9.3 The purpose and operation of civil pre-trial procedures 233
Extend and apply your knowledge Pre-trial procedures 237
9.4 An overview of the adversarial nature of a civil trial 240
9.5 Civil remedies and their purpose 244
9.6 Difficulties faced by parties when attempting to
resolve civil disputes 247
Review 250

Chapter 10 Contract law 256
10.1 Contract law 258
10.2 Capacity to enter into a contract 262
10.3 Real consent and legality of contract 264
10.4 Terms of a contract 267
10.5 Exemption clauses 271
10.6 Resolving contractual disputes 274
10.7 Issues in contract law 277
Extend and apply your knowledge Things that could
go wrong 280
Review 281

Chapter 11 Family law 286
11.1 What makes a marriage valid? 288
11.2 Marriage breakdown 292
11.3 Resolving family disputes 294
11.4 Children 296
Extend and apply your knowledge Parenting orders 299
11.5 Property and spousal maintenance 301
11.6 De facto relationships 303
11.7 Family violence 306
11.8 Adoption 310
Review 313

Chapter 12 Workplace laws 320
12.1 Legal principles relevant to industrial relations law 322
12.2 A contemporary issue for employee relations law - unfair dismissal 326
12.3 The capacity of the legal system to respond to demands for change in industrial relations law 329
12.4 Methods and institutions for resolving disputes arising under industrial relations law 332
12.5 Legal principles relevant to equal employment opportunity law 336
12.6 A contemporary issue - paid parental leave 340
12.7 The capacity of the legal system to respond to demands for change in EEO law 342
12.8 Methods and institutions for resolving disputes arising under EEO law 344
12.9 Legal principles relevant to occupational health and safety law 346
Extend and apply your knowledge Workplace bullying 349
Review 351

Chapter 13 Sports and the law 356
13.1 Contract law and sponsorship in relation to sport 358
Extend and apply your knowledge Contract law, sponsorship and sport 361
13.2 Negligence law and sport 363
13.3 A contemporary issue regarding civil liability and sport and its capacity to deal with change 365
13.4 Defamation laws and public and private nuisance in relation to sport 367
13.5 Discrimination laws and sport 369
13.6 Contemporary issues regarding discrimination laws and sport and its capacity to deal with change 373
13.7 Drug laws and sport 376
Extend and apply your knowledge Drug testing in football 379
13.8 Methods and institutions for resolving sporting disputes 381
Review 384

Chapter 14 Environmental law 388
14.1 Victorian environmental law 390
14.2 Environmental issue - forest management 394
14.3 State environmental law responds to change 396
14.4 Resolving disputes arising under state environmental law 398
14.5 Commonwealth environmental law 401
14.6 Commonwealth environmental issue - the Murray–Darling Basin 403
14.7 Commonwealth environmental laws respond to change 406
14.8 Resolving disputes under Commonwealth environmental law 409
14.9 International environmental law 411
14.10 International environmental issue - whaling 414
14.11 International environmental law responds to change 416
14.12 Resolving disputes under international environmental law 418
Extend and apply your knowledge Environmental law
in action 421
Review 424

Chapter 15 A question of rights - the Mabo Case 428
15.1 The role of Eddie Mabo and the Murray Islanders in launching this test case 430
15.2 Facts and issues central to the Mabo Case, including the rights in question 432
15.3 The laws that applied to the Mabo Case 435
15.4 Conflicting attitudes in relation to the issues raised in the Mabo Case 439
15.5 The outcome of the Mabo Case and its impact on the legal system and the rights of individuals 442
Extend and apply your knowledge The Wik Case, and other legal developments in native title law 446
Review 449
15.6 Rape in marriage - the case of R v. L 453

Glossary 457
Answers to word puzzles 469
Index 471

ISBN: 9781118310526
ISBN-10: 1118310527
Series: Key Concepts in VCE Legal Studies
Audience: Primary / High School
Format: Paperback
Language: English
Number Of Pages: 496
Published: 6th August 2012