§-Legal Studies syllabus

SA · SACE Board← Legal Studies

Legal Studies syllabus, dot point by dot point

Every dot point in the SA Legal Studies subject outline, in syllabus order, with a focused answer for each. Open any dot point for the answer, exam-style questions and links to related points.

Topic 1: The Australian Legal System

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Where does Australian law actually come from?

Identify and explain the two main sources of law in Australia: statute law made by parliament and common law made by courts.

Where did the Australian legal system come from?

Explain the origins of the Australian legal system, including the reception of English law and the place of Aboriginal and Torres Strait Islander customary law.

How do criminal and civil law differ?

Distinguish between criminal law and civil law, including the parties, purpose, burden and standard of proof, and outcomes.

What does it mean to say no one is above the law?

Explain the meaning of the rule of law and how the Australian legal system tries to uphold it.

How does the adversarial system decide disputes?

Explain the features of the adversarial system of trial used in Australia and compare it with the inquisitorial system.

Topic 2: Constitutional Government

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Should Australia have to follow international human rights law?

Explain how international law and human rights obligations affect Australian law, and evaluate the extent to which Australia should comply with them.

Does the Australian Constitution adequately protect rights?

Explain how rights are protected in the Australian Constitution, including express and implied rights, and evaluate whether the protection is adequate.

How does dividing power between institutions protect citizens?

Explain the separation of powers in the Australian Constitution and how it limits the abuse of power.

How does the Constitution divide power in Australia?

Explain how the Australian Constitution divides power between the Commonwealth and the states and separates power between the arms of government.

How does the High Court interpret the Constitution?

Explain the role of the High Court in interpreting the Constitution and how its decisions have shifted the balance of power.

Does a second chamber improve law-making or obstruct it?

Explain the role of the Senate as a house of review and a states house, and evaluate how well it serves contemporary Australia.

How has the law recognised Aboriginal connection to land?

Explain how Australian law has recognised native title and land rights, and evaluate how well the law protects the rights of Aboriginal and Torres Strait Islander peoples.

Does the High Court have too much power?

Explain the structure, jurisdiction and appointment of the High Court, and evaluate whether it has too much power.

How is the Australian Constitution changed?

Explain the referendum process under section 128 and analyse why so few referendums succeed.

Topic 3: Law-Making

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Who makes law besides parliament?

Explain what delegated legislation is, why parliament uses it, and how it is controlled.

How do courts and parliament shape each other's law-making?

Explain the relationship between courts and parliament in making law, including how each influences and limits the other.

How do courts make and apply law?

Explain how courts make law through precedent and how they interpret statutes.

How does a bill become an Act of Parliament?

Explain how parliament makes statute law, including the stages a bill passes through to become an Act.

Topic 4: Justice Systems

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Why and how does the law change over time?

Explain why law reform is needed, the forces that drive it, and the bodies and processes that bring it about.

Can everyone get fair access to justice?

Explain what access to justice means, the barriers to it, and the measures that improve it.

Does justice depend on the lawyers you can afford?

Explain the roles of legal personnel and the importance of legal representation, and evaluate how this affects access to justice.

Is going to court always the best way to resolve a dispute?

Explain the methods of alternative dispute resolution and the role of tribunals, and evaluate their advantages over court proceedings.

Why and how do courts punish offenders?

Explain the purposes of sentencing and the types of sanctions available, and the factors courts consider.

Why are courts arranged in a hierarchy?

Explain the structure of the South Australian court hierarchy and the reasons for arranging courts in this way.

Should ordinary citizens decide guilt and liability?

Explain the role of the jury in the Australian legal system and evaluate its strengths and weaknesses.