Andrea Holliday 3633313 AEG5202

Assessment Instrument One

Unit of Work Due Date: 2 October 2013

Unit Code: Unit Name: Unit Coordinator: Student Name: Student Number:

AEG5202 Teaching Business 2 Susheel Chand Andrea Holliday 3633313

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Andrea Holliday 3633313 AEG5202

Table of Contents

TABLE OF CONTENTS SUMMARY TABLE UNIT ONE OUTLINE - UNIT ONE CRIMINAL LAW IN ACTION SUMMARY TABLE UNIT TWO OUTLINE - UNIT TWO ISSUES IN CIVIL LAW ASSESSMENT LEARNING ACTIVITY
Activity One Simplified Mock Trial Activity Two Write a Contract Assessment Rubric Write a Contract Activity

2 3 4 15 16 24 25
25 26 27

APPENDICES

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Summary Table Unit One

Subject Unit Year Level Semester Source or Framework Accreditation Period Areas of Study Learning Outcomes Legal Studies One Eleven One VCE Study Design Unit 1 & 2 2011 - 2015 1. Law in Society 2. Criminal Law 3. The Criminal Courtroom 1. Explain the need for effective laws and describe the main sources and types of law in society 2. Explain the key principles and types of criminal law, apply the key principles to relevant cases, and discuss the impact of criminal activity on the individual and society. 3. Describe the processes for the resolution of criminal cases, and discuss the capacity of these processes to achieve justice. Assessments will be made each lesson by paying attention to student participation, questions and discussion. Other activities completed by students will be collected and assessed as required. Newspaper article regarding law making and changing. Defences to fictional homicide case studies. Brochure developed to educate young people about their rights and obligations in relation to the police. Written test covering sentencing and sanctions and crime. Examination covering all of Unit 1.

Assessments

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Outline - Unit One Criminal Law in Action

Area of Study One Law in Society Outcome One On completion of this unit the student should be able to explain the need for effective laws and describe the main sources and types of law in society. Week Key Knowledge / Topics Teaching Activities Resources Assessment Strategies 1 The difference between Students brainstorm and Textbooks Assess students legal and non-legal rules. discuss the difference understanding and Butcher paper and textas between legal and non-legal participation during the The need for laws Newspaper articles rules. activities and upon The distinction between about court cases presentation to the class. Students work in small criminal law and civil Collect and assess the groups to identify the legal law. and non-legal rules present identification of criminal vs in their everyday lives. civil for understanding. Students discuss the need for laws. Have students work in groups to discuss what society would look like without laws. Students investigate and describe the differences between criminal and civil law. Students read through newspaper articles and identify whether they are criminal or civil.

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Andrea Holliday 3633313 AEG5202 2 Law-making by parliaments Class discussion on the structure of the federal and state governments in Australia. Provide worksheet for students to research in small groups contain some factual questions, followed by more challenging and thought provoking ones. Follow the process of a recent law students individually construct and present a timeline to the class. Look at delegated legislation and delegated bodies as a class. Then investigate a recent case study with problems for students to work through in small groups. Role of courts in interpreting legislation worksheet. Textbook PC with internet access Poster paper Worksheet Timeline assignment Class participation and discussion

Law-making by parliament and delegated legislation

Case study Worksheet PC with internet access

Formal assessment task: Write a newspaper article about a proposed new law or law change.

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Area of Study Two Criminal Law Outcome Two On completion of this unit the student should be able to explain the key principles and types of criminal law, apply the key principles to relevant cases, and discuss the impact of criminal activity on the individual and society. Week Key Knowledge / Topics Teaching Activities Resources Assessment Strategies 4 The need for criminal Class participation and Discuss the need for criminal Case study laws and the discussion Textbook law. characteristics of an Case study PC with internet access Review the features of effective law. Statistics activity crimes. The general principles of Discuss the principles of criminal liability. criminal liability and key Types of crimes. terms. Use a case study to identify the elements of a crime. Students look at crime statistics from http://www.police.vic.gov.au and identify the different types of crimes. Students analyse the statistics to identify any trends.

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Andrea Holliday 3633313 AEG5202 5 Types of crimes and related defences murder Show students the Crimes Act. Look at how the Crimes Act defines homicide. Look at the section on murderask students to find the definition. Examine the common law definition of murder Students consider a recent murder case from the media. Analyse this case with reference to the definition of murder. Also consider the medias treatment of the case and public sentiment. Distinguish between murder and manslaughtercase studies of the different types of situations that may be considered manslaughter Students define the offences of culpable driving and infanticide Review possible defences to murder. Students prepare a graphic organiser. Crimes Act Case Studies PC with internet Class participation and discussion Case study

Types of crimes and related defences manslaughter

Textbook Case studies PCs with internet

Formal Assessment: fictional homicide case studies where students provide possible defences

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Andrea Holliday 3633313 AEG5202 7 Types of crimes and related defences - other crimes against the person and crimes against property Law relating to assault class discussion. Case study on the incidence of knife crimestudents refer to the fact sheet Reducing Knife Carrying and Knife Violence, by the Federation of Community Legal Centres: http://www.smartjustice.org .au/cb_pages/fs_reducing_kn ife_carrying_and.php Sexual assault laws review and discussion. Students complete a graphic organiser on crime against property. The rights of police and individual work through the legal aid booklet. Member of police comes into class and talks about rights and responsibilities. Discuss and document learnings from Police presentation. Textbooks PCs with internet Class participation Case study

The criminal investigation process, including police powers and individual rights and responsibilities in dealing with police

Legal Aid Police Powers Brochure

Class participation

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Andrea Holliday 3633313 AEG5202 9 The criminal investigation process, including police powers and individual rights and responsibilities in dealing with police (continued) Case study Wee Waa DNA testing case with questions. Complete as Think, Pair, Share activity. Stationery Case Study Formal Assessment: Prepare a brochure aimed at young people to tell them their rights and obligations when dealing with the police Victim impact statement Class participation

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Mid Semester Break Sanctions under criminal Discuss what the judge must Cases for Victim impact law and their consider when sentencing. statement effectiveness Prepare a Victim Impact Murder case study Statement from a recent Chart for wall case. Discuss a murder case study. Consider and sentence in small group. Compare sentences by marking them on a chart. Then compare with the actual sentence. Discuss.

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Andrea Holliday 3633313 AEG5202 11 Sanctions under criminal law and their effectiveness continued Use You Be the Judge website. Follow case studies, make judgements and compare to actual judgement. Research some recent sentences. Discuss the objectives of sanctions and whether these are satisfied. Students examine the issue of recidivism using the Sentencing Advisory Councils information on Recidivism at
http://www.sentencingcouncil.vic. gov.au/landing/aboutsentencing/sentencingstatistics/adultprisoners/recidivism

PC with internet Newspapers (or articles online)

Class discussion and participation

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Trends in crime, sentencing and recidivism A comparison of one aspect of sentencing in Victoria with that of another country

PCs with internet

Quality of research conducted

Students conduct research into the way another country sentences its criminals, such as the use of the death penalty in the United States or Indonesia.

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Andrea Holliday 3633313 AEG5202 13 The impact of criminal acts on individuals and society Alternative avenues for seeking compensation for victims of crime Brainstorm the possible impacts of a crime on the individuals affected, the legal system and the community. Look at the cost of crime and the impact on victimsrefer to VoCAT PCs with internet Formal Assessment: Written test covering o Sentencing and sanctions o Trends in crime o The impact of crime

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Area of Study Three The Criminal Courtroom Outcome Three On completion of this unit the student should be able to describe the processes for the resolution of criminal cases, and discuss the capacity of these processes to achieve justice. Week Key Knowledge / Topics Teaching Activities Resources Assessment Strategies 14 Textbook Class participation and The distinction between Present students with an discussion. Court hierarchy flow summary offences and overview of the court chart Answers to case studies. indictable offences. hierarchy; in a discussion Permission for with students, identify the Reasons for a court excursion to courts difference between an hierarchy and an indictable offence and a overview of criminal summary offence and the jurisdiction of courts in process of bail/remand and the Victorian court committals in the hierarchy. Magistrates Court. Bail, remand and Students use a court committal hearings. hierarchy flow chart and Role of court personnel. follow case studies through the court hierarchy. Visit the courts and have students complete an observation task and identify the roles of court personnel.

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Andrea Holliday 3633313 AEG5202 15 Overview of the adversary nature of a criminal trial Features of a fair trial and rights in criminal proceedings guaranteed by the Victorian Charter of Human Rights and Responsibilities PC Handouts Class participation and discussion. Flow chart.

The key features of the adversary trial are outlined and students complete a graphic organiser. Discussion of aspects of the VCHRR Act and how it relates to criminal proceedings. Students prepare a flow chart outlining the criminal trial process

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Role and operation of a criminal jury Advice and assistance available through Legal Aid

Students participate in a mock process for selecting a jury. Students identify the key aspects of the role of the jury in a criminal trial. Students brainstorm the difficulties that an individual could experience if going to court for a criminal matter. Students prepare a brochure of the possible problems and the sources of legal assistance and legal aid.

Material for mock jury selection Stationery

Class participation and discussion. Brochure.

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Andrea Holliday 3633313 AEG5202 17 Assessment Exam technique, question types, sample questions and answers. Sample questions and answers Exam Formal assessment written exam covering all topics from AOS 1, 2, 3

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Summary Table Unit Two

Subject Unit Year Level Semester Source or Framework Accreditation Period Areas of Study Legal Studies Two Eleven Two VCE Study Design Unit 1 & 2 2011 2015 1. Civil Law 2. The Civil Law in Action 3. The Law in Focus 4. A Question of Rights 1. Explain the principles of civil law, law-making by courts, and elements of torts, and apply these to relevant cases. 2. Explain and evaluate the processes for the resolution of civil disputes. 3. Explain one or more area/s of civil law, and discuss the legal systems capacity to respond to issues and disputes related to the selected area/s of law. 4. Describe an Australian case illustrating rights issues, and discuss the impact of the case on the legal system and the rights of individuals. Assessments will be made each lesson by paying attention to student participation, questions and discussion. Other activities completed by students will be collected and assessed as required. Written case studies in test format covering AOS 1. Students research recent recommendations for change in the legal system and make a five minute presentation to the class. Exam style written test with case study covering AOS 2 & 3. Students, working in small groups, research and prepare a class presentation on a significant human rights case.

Learning Outcomes

Assessments

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Outline - Unit Two Issues in Civil Law

Area of Study One Civil Law Outcome One On completion of this unit the student should be able to explain the principles of civil law, law-making by courts, and elements of torts, and apply these to relevant cases. Week Key Knowledge / Topics Teaching Activities Resources Assessment Strategies 1 NB start this topic at the Review the differences Newspapers Class participation end of term 2. between criminal and civil PCs with internet Accuracy of identification of law and identify the key civil jurisdiction in articles. The need for civil law features of civil law. Key principles of civil Review the formal court law hierarchydefine the The distinction and jurisdiction of courts in relationship between dealing with civil matters. civil law and criminal law Students collect newspaper articles about civil cases and identify the jurisdiction of courts referred to in the articles.

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Andrea Holliday 3633313 AEG5202 2 An overview of lawmaking through the courts The operation of the doctrine of precedent. Case study: Donoghue v Stevenson, Grant v Australian Knitting Mills Discuss the role of courts in interpreting legislation and the relationship to precedent. Practical interpretation exercise: look at the application of school rules. The principles of negligence and case studies. Use case studies on negligence to illustrate how courts use precedent Possible defences. Homework and revision exercises set for school holidays. Mid Year Break Review the principles of negligence. Case study: Schools and Negligence. Students examine cases involving schools and the application of the principles of negligence. Textbook Case study material Case study work Class participation

Torts, including negligence, defamation, and related defences

Case studies Homework PCs with internet

Standard of case studies Class participation

Torts, including negligence, defamation, and related defences continued

Case study PCs with internet

Standard of case studies Class participation

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Andrea Holliday 3633313 AEG5202 5 Torts, including negligence, defamation, and related defences continued Define the tort of defamation. Apply the principles of defamation to case studies, including issues surrounding defamation on the Internet. Case study: The Internet and Defamation. Review possible defences to defamation Case study PCs with internet Formal Assessment: written case studies in test format covering AOS 1.

Area of Study Two The Civil Law in Action Outcome Two On completion of this unit the student should be able to explain and evaluate the processes for the resolution of civil disputes. Week Key Knowledge / Topics Teaching Activities Resources Assessment Strategies 6 Purpose and operation of Discuss the stages leading up Textbook Class participation and civil pre-trial procedures. to the hearing of a civil understanding PCs with internet matter. Accuracy of flow chart Prepare a flow chart to illustrate the process used in court to hear a civil matter. 7 Conduct a mock trial of a civil Mock trial activity Involvement in mock trial. An overview of the case. information adversarial nature of a Discuss the role of the jury in Textbook civil trial. the hearing of a civil matter. Civil remedies and their Possible remedies for a civil purpose. action.

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Andrea Holliday 3633313 AEG5202 8 An overview of the adversarial nature of a civil trial. Students create sample pretrial documents using the Supreme Court website templates. Case study: Lights Out at Beacon View (see Legal Maze: VCE Units 1 and 2, Macmillan, 2011, page 283 Students brainstorm the difficulties faced by parties when attempting to resolve disputes. Identify the methods of dispute resolution. Examine the advantages and disadvantages of each method of dispute resolution. Construct a graphic organiser regarding dispute resolution methods. Conduct a role-play on the use of different dispute resolution methods. Textbook PCs with internet Case study information Case study work Pre-trial documents

Difficulties faced by parties when attempting to resolve disputes. Methods of dispute resolution: mediation, conciliation, arbitration and judicial determination.

Case study information for role-play.

Participation in role play Accuracy and detail of work completed.

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Andrea Holliday 3633313 AEG5202 10 Difficulties faced by parties when attempting to resolve disputes continued. Methods of dispute resolution: mediation, conciliation, arbitration and judicial determination continued. Class time to complete assessment. PCs with internet Overhead projector Formal Assessment students research recent recommendations for change in the legal system. They make a five minute presentation to the class.

Area of Study Three The Law in Focus Contract Law Outcome Three On completion of this unit the student should be able to explain one or more area/s of civil law, and discuss the legal systems capacity to respond to issues and disputes related to the selected area/s of law. Week Key Knowledge / Topics Teaching Activities Resources Assessment Strategies 11 Introduction to Contract Definition cards have Definition cards Class participation and Law. students match cards with discussion definitions for contract law terms. Discuss and define key areas of Contract Law. Have students identify all the contracts in their everyday life.

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Andrea Holliday 3633313 AEG5202 12 Contract Law a contemporary issue the difficulty of creating and understanding contracts. Binding contracts. Breach of contract. Review exam technique Review AOS 2 & 3. Students negotiate and write a contract in small groups. They include sanctions for breach of contract. Students present contract to class. Case study material to write contracts and template. Quality of contract negotiated.

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Revision and study Written test Graphic organisers for Contract Law. Mid Semester Break

Formal Assessment exam style written test with case study covering AOS 2 & 3.

Area of Study Four A Question of Rights Outcome Four On completion of this unit the student should be able to describe an Australian case illustrating rights issues, and discuss the impact of the case on the legal system and the rights of individuals. Week Key Knowledge / Topics Teaching Activities Resources Assessment Strategies 14 A question of rights Examine how rights are PCs with internet Class discussion and what are rights and how definedUN, Australia, participation. are they protected? Victorian Charter of Human Rights and Responsibilities. Students Think, Pair, Share how rights are protected in Australia.

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Andrea Holliday 3633313 AEG5202 15 A question of rights continued Discuss the role of courts in protecting rights. Use the Tuckiar case (Tuckiar v. The King) to illustrate this topic Students design posters to illustrate the analysis of the Tuckiar case. Students work in small groups on their assessment task for AOS 3.

PCs with internet Poster paper and stationery

Quality of analysis.

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A question of rights case study

the role of an individual or a group in launching a test case the facts and issues central to the case, including the right(s) in question the laws that apply to the case the outcome of the case and its impact on the legal system and the rights of individuals conflicting attitudes in relation to the issues raised in the case

PCs with internet Overhead projector

Formal Assessment Students, working in small groups, research and prepare a class presentation on one of the following cases: Mabo, Dietrich, Roach, R v. L

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A question of rights: case study (continued)

Formal assessment work continued and presentation to class.

PCs with internet Overhead projector

Assessment of presentation to class.

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Revision Week 18 Key Knowledge / Topics Revision for end of year exam. Teaching Activities Practice exam papersVCTA Graphic organisers Quizzes Study cards Revision questions Resources Revision materials Assessment Strategies Completion of practice exam papers and revision exercises.

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Assessment
Assessment strategies during the units are contained in the table in the assessment column. The following appendices contain the remaining assessment documents. Appendix 1 Teacher Assessment Spreadsheet Appendix 2 Self Assessment for Students Appendix 3 A SAC containing marking scheme and moderation

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Learning Activity
Activity One Simplified Mock Trial
This is a simplified version of a mock trial, recognizing that in Year 11 Legal Studies, students will not have a detailed knowledge of the legal system and how it works. This method also allows for students to work in small groups rather than individually, which allows them to build their knowledge by working together. Allocate the class into three groups (you may need to do this twice if it is a large class). Inform students that one group is the plaintiff, one the defence and one the jury. The jury then gets sent from the classroom. Provide the jury with some revision or other work to occupy them during this time (approximately 10 minutes) as we dont want them to hear anything which prejudices their decision at the conclusion of the trial. Provide scenario information to each of the plaintiff and defence teams. It is important that the scenario be simple to understand and something that engages the students interest. The scenario I suggest is that a student is warned about using their mobile phone in class, they use it in class again and the teacher confiscates it. The student then says some nasty and untrue things about their teacher on Facebook, which circulates through the school. The teacher is suing the student for defamation. The teacher is the plaintiff and the student the defendant. Each of these teams should work together to build their argument, and also come up with some ideas they think the other team will use, and how they will refute them. Each team comes up with their own witnesses (played by team members) and what they will say. After some preparation time, the trial is ready to begin. Write a running sheet of the process on the board. Bring the jury back into the room. The teams run through their evidence in the same order as a civil trial would be conducted, including cross-examining and re-examining witnesses. The teacher takes the role of the judge and ensures that due process in followed. Following the trial, the jury members should retire to another room and discuss the evidence put before them. The stronger case in their eyes should be announced the winner of the trial. The jury should also allocate a financial settlement, as they would in a real civil trial.

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Activity Two Write a Contract

Group students into small groups (2 3 per group), and attempt to mix social groups and abilities. Provide students with a scenario applicable to them, and tell them they are to negotiate a contract with another party. They need to work as a team to come up with their selling points and the items they can bargain with to come to an agreement for the contract. Some possible scenarios are: one team is the management for an NBA player, another team represents an NBA team. They need to negotiate a playing contract. They have both been given the limits they can accept in their scenario. After around five minutes discussing in their small group, tell the groups to meet with their opposing team and negotiate an agreement. Tell them to take notes, as they will next need to write up a formal contract. Circulate through the class and facilitate this step. Ensure that each party is providing items for negotiation and bargaining to get the best deal for their entity. They should also allow for breach of contract. Next, provide students with a contract template, and a sample completed contract. Have students write their agreements into the contract. As an extension activity, provide a further scenario where one party to the contract breaches it. Have the students work through their contract and discuss what the final outcome would be. Have students discuss their negotiations and their contracts in front of the class at the conclusion of the activity.

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Assessment Rubric Write a Contract Activity

Team Work and Co-operation 4 Worked effectively and constructively within a small group environment. Had a noticeable effect of the outcome of the group. Displayed a comprehensive and detailed knowledge of the contract process. Was well prepared for class and fully participated in all aspects of the lesson. The document demonstrates an excellent knowledge of the topic. Spoke clearly and with excellent knowledge of contracts. 3 Worked cooperatively with small group. 2 Needed to contribute more to the groups output. 1 Had little influence over the work or output of the group.

Content Knowledge

Displayed a good knowledge of the contract process. Was reasonably well prepared. Participated in a satisfactory manner. The document shows a good working knowledge of the topic. Spoke reasonably clearly and with good knowledge.

Displayed some knowledge of the contract process. Was mostly unprepared for class. Was not fully involved in learning activity. The document shows some knowledge of the topic. Spoke unclearly. Showed some knowledge of contracts.

Displayed little knowledge of the contract process. Was unprepared for class. Was not at all involved in learning activity. The document shows that further work is needed to fully understand this topic. Spoke very unclearly or not at all. Showed very little knowledge of contracts.

Class Preparation and Participation Completed Contract (written component) Presentation to Class (oral component) Comments

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Appendices
Appendix 1 Teacher Assessment Spreadsheet Appendix 2 Self Assessment for Students Appendix 3 SAC containing marking scheme and moderation

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