| NSW Department of Education

Legal studies (Year 11) – The legal

system – part 1 basic legal concepts

This resource has been designed to support teachers by providing a range of tasks based
on syllabus content. Tasks can be incorporated into context driven teaching and learning
programs in full or can be used to supplement existing programs. All content is textbook
non-specific to ensure equity.
 Legal studies (Year 11) – The legal system – part 1 basic legal concepts | 1

Contents
Aim...........................................................................................................................................................
Principal focus..........................................................................................................................................
Themes and challenges...........................................................................................................................
Outcomes.................................................................................................................................................
Learning sequence 1 – basic legal concepts............................................................................................
Meaning of law................................................................................................................. 4
Customs, rules and laws...................................................................................................5
Values and ethics............................................................................................................. 6
Characteristics of just laws and the nature of justice........................................................7
Procedural fairness – principles of natural justice.............................................................9
The rule of law................................................................................................................ 11
Anarchy and tyranny.......................................................................................................12
References..............................................................................................................................................

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Aim
Legal studies develops students’ knowledge, understanding and critical thinking skills in
relation to the legal system and its effectiveness in promoting a just and fair society, with a
view to empowering students to participate effectively as responsible citizens at the local,
national and international level.

Principal focus
Students develop an understanding of the nature and function of law through the
examination of law-making processes and institutions.

Themes and challenges

 the need for law in the operation of society
 the importance of the rule of law for society
 the relationship between different legal institutions and jurisdictions
 the development of law as a reflection of society
 influences on the Australian legal system

Outcomes
A student:

 P1 identifies and applies legal concepts and terminology

 P2 describes the key features of Australian and international law
 P3 describes the operation of domestic and international legal systems
 P4 discusses the effectiveness of the legal system in addressing issues
 P5 describes the role of law in encouraging cooperation and resolving conflict, as
well as initiating and responding to change
 P6 explains the nature of the interrelationship between the legal system and society
 P7 evaluates the effectiveness of the law in achieving justice

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 P8 locates, selects and organises legal information from a variety of sources

including legislation, cases, media, international instruments and documents
 P9 communicates legal information using well-structured responses
 P10 accounts for differing perspectives and interpretations of legal information and
issues

Legal Studies Stage 6 Syllabus © NSW Education Standards Authority (NESA) for and on behalf of the Crown in right of
the State of New South Wales, 2009.

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Learning sequence 1 – basic legal

concepts
Table 1 – syllabus content

Students learn about: Students learn to:

 meaning of law  define law

 customs, rules and law  distinguish between customs, rules,
 values and ethics laws, values and ethics
 characteristics of just laws  describe the characteristics of just
 nature of justice: laws and the nature of justice
 equality  define and investigate procedural fair-
 fairness ness and the rule of law
 access  define anarchy and tyranny.
 procedural fairness (principles of nat-
ural justice)
 rule of law
 anarchy
 tyranny.

Teacher note: this learning sequence is likely to take 2–3 weeks. Prior to starting the
preliminary course, students should review the Legal Studies Stage 6 Syllabus. Syllabus
themes and challenges should be integrated throughout learning sequences. Please note
that cases used in the activities below should be read and assessed for the suitability of
the cohort and context.

Meaning of law
 As a class, discuss the meaning of law and the ways that students’ lives are
impacted by the law.

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 Watch ABC Legal Briefs, ‘What is Law’ (8:00) and use this to complete a concept
map illustrating the key features of law.
 Use this discussion and Cambridge Dictionary to construct a 1–2 sentence definition
of the law.

Customs, rules and laws

Teacher note: for this Step Inside activity, students will be broken into 3 groups. Assign
each group to the concept of a rule, custom or law.

 Use Cambridge Dictionary or school resources to briefly define the following terms

o customs
o rules.

 Work with your group to research your concept. Use this to complete a Step Inside
thinking routine that clearly explains your concept. Use the following sentence stems
to guide your presentation to the class

o I am a (rule, custom or law)

o I am important because …
o I am different to (rules, customs or laws) because …
o an example of how I am involved in year 11 students’ lives is …

 As each group presents, make brief notes in the table below, including examples of
rules, customs and laws that are shared by your peers.

Table 2 – examples of rules, customs and laws

Rules Customs Laws

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Values and ethics

Teacher note: students will often have conflicting values and ethics. It is important to
emphasise that this is normal and people have differing opinions, which is what makes the
law so complex. Teachers should guide student discussion around the complex nature of
the law and how it is often difficult to achieve an outcome that suits everybody. The
Controversial Issues in Schools Policy should be followed.

 Read the Ethics explainer and use this to write 2–3 sentences explaining the
difference between values and ethics.
 With a partner, identify 2 examples of each of the following

o values
o ethical behaviour
o unethical behaviour.

 In small groups, read The trolley dilemma: would you kill one person to save five?
and discuss the ethical dilemmas that this problem presents. Discuss all of the
possible approaches that could be taken to this problem. Select 3 different
perspectives and use these to complete a Circle of Viewpoints activity from these
perspectives. Use the sentence starters below as a guide

o I am thinking of the dilemma from the (perspective of)

o The correct action from this viewpoint would be …
o The reason for this action would be …

 In your group, discuss the 3 different approaches to the trolley dilemma. Decide
which approach is the most ethical overall and justify the choice. Share your decision
with the class.
 Individually reflect on the different perspectives in the ethical dilemma presented by
the trolley problem. Use this to identify ethical dilemmas that may arise in the law.
 Think about how values can change over time. In small groups, complete a Making
predictions activity to identify 2 examples of

o how values have changed in the past

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o how values may change in the future.

 In small groups, brainstorm other examples of how changing values have influenced
the development of the law. Your teacher will lead a class discussion where you can
share your ideas.
 Read Same-sex marriage bill passes House of Representatives after hundreds of
hours of debate. Use this example to describe the influence of changing values on
the law in 1–2 paragraphs.

Characteristics of just laws and the nature of justice

Teacher note: the syllabus requires students to describe the characteristics of just laws.
Laws that are just often meet the following criteria: they are utilitarian, they are timely, they
are known by all, they amend inequality, they are equally applied to all, they protect human
rights and they are not retroactive. Understanding of the characteristics of just laws and
the nature of justice is essential for students to be able to evaluate the effectiveness of the
law in achieving justice. This is required in later learning sequences.

 Watch What is Justice? (9:47) (to 1:51) and Julian Burnside’s speech, What is Fair,
and What is Just? (13:01) (to 4:25) and make brief notes on each. Use these notes to
help you to write one paragraph outlining the meaning of justice.

Teacher note: the following activity uses the jigsaw strategy. Jigsaw provides a step-by-
step outline on how to run this activity in your classroom.

 Your teacher will assign you into a ‘home’ group as part of a Jigsaw activity to
explore the characteristics of justice.
 In your ‘home’ group, each person will be allocated one of the following
characteristics of justice to research

o utilitarian
o timely access
o must be known
o amends inequality

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o equally applied to all

o protects human rights
o must not be retroactive.

 Break into ‘expert’ groups and collaborate with your peers who have been allocated
the same characteristic of justice as you. In your expert group, research your
characteristic of justice and develop

o a short group description of the characteristic

o an example of the characteristic
o a short explanation of how the characteristic improves our society.

 Decide how to best explain your characteristic to your home group. Return to your
home group and share your research with your team. As your team shares their
research, write a 1–2 sentence description of each of the characteristics of justice.
 In small teams, examine each of the laws provided in the following table and make
notes in the table on why the law may not be just. In this activity, links should be
made to the characteristics of justice.

Table 3 – characteristics of just laws

Law Why it is not just

A new law has been introduced to decrease the speed

limit in Newcastle. People who are caught speeding
will be fined. The government has decided they are not
going to tell the public about the fine

The new speeding law in Newcastle is going to be

backdated to October 2019.

A mask mandate has been introduced on Sydney’s

northern beaches. All blonde-haired people are re-
quired to wear masks whilst outside for any reason. No
others are required to wear masks.

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 Read New laws and litter penalties for littering in NSW. In one paragraph, outline how
this law demonstrates the characteristics of a just law.
 Laws should be applied equally, but do not always result in equal outcomes. Read
the 2 scenarios as follows and use them to discuss with a peer whether justice has
been achieved. Consider the following in your discussion

o Was the law known?

o Has the law been applied equally?
o What is the impact of the law on the offender?
o Have there been any unintended consequences?
o Do you think the outcome is fair? Explain your thinking.

Scenario 1 – justice scenarios

Scenario 1: Eric has spent the morning caring for his elderly mother. He lost track of time
and is now late for his job at the local restaurant, where he is an assistant chef. Eric earns
$700 a week, most of which he spends on rent, petrol, food and caring for his mother. Eric
has been warned that if he is late to work he will be fired. Eric decides to speed on the
highway, to try and get to work on time. Eric is pulled over by the police. He was driving
20kms over the speed limit. He is fined $220 in accordance with the Road Rules 2014.
Eric is late to work and loses his job. He is worried about how he will pay the fine and look
after this mother.

Scenario 2: Meera is a student who comes from a wealthy background. Meera does not
have to work or look after anyone. She enjoys hanging out with her friends and driving
around near the beach. Meera and her friends hang out on the weekend and she drives
20kms over the speed limit. Meera is pulled over by the police. She is fined $220 in
accordance with the Road Rules 2014. She is not worried as she knows she can easily
pay the fine.

Procedural fairness – principles of natural justice

Teacher note: procedural fairness is concerned with fair decision making in the courts.
Fair procedures in courts are needed for a fair trial. There are 3 main principles of

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procedural fairness: the right to be heard, impartial decision making free from bias, and
that decisions must be made based in fact and reasoning. The materials linked in this
section should be adapted or read with teacher guidance and additional explanation where
appropriate.

 Your teacher will lead a brief discussion about what is meant by the idea of fair
procedures.
 Read the scenario below and with a partner, complete the following

o discuss the problems with the process followed by Susan

o explain how the process followed could be made fairer for Janelle.

Scenario 2 – procedural fairness scenario

Janelle is at her office completing her daily tasks. Her boss Susan walks in and asks to
speak with her privately. During the meeting, Susan tells Janelle she is being fired. When
Janelle asks Susan why she is being fired, Susan says she has evidence that Janelle has
breached company policy several times and so she made the decision to terminate
Janelle’s employment. Janelle is upset and asks to see the evidence and the policy she
broke. Susan refuses, explaining that as Janelle is now an ex-employee she does not
have to show her anything, and asks her to leave. Janelle tells Susan she will speak to
Susan’s supervisor Bill about this. Susan tells her not to bother, as the supervisor Bill has
always disliked Janelle for personal reasons and that they made the decision to terminate
her employment together. Janelle asks for the termination and reasoning to be given to her
in writing. Susan says she will mail the paperwork to her, but the paperwork never arrives.

 Create your own school-based scenario where procedural fairness is not provided to
a student.
 Use the scenarios above and at least one of the following resources, Fair and Prompt
Trials, What's involved in making a 'fair' decision?, Open, Independent and Impartial
Judiciary, to define procedural fairness.
 Watch Fiqiri’s story: Forced to give up the right to a fair trial (6:47) and make notes
around the below ideas. Watch the video twice or pause through viewing for note
taking

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o Fiqiri’s understanding of the law

o interactions with the police, the prosecutor and the public defence lawyer
o fairness versus resource efficiency in the legal system.

 Your teacher will now lead a class discussion about the importance of procedural
fairness. Share your thinking about the right to a fair trial in cases like Fiqiri’s.
 In one paragraph, explain why procedural fairness is important. Refer to the scenario
or Fiqiri’s case as an example to support your explanation.

The rule of law

Teacher note: the rule of law is a key legal concept that informs student understanding of
content explored in later preliminary and HSC legal studies. It is beneficial to spend time
familiarising students with the What is the Rule of Law study guide for the following section.
The inverted rule of law pyramid can be found by clicking ‘What happens without the rule
of law’?

 Read Rule of law and No One is Above the Law. Using this information, define the
rule of law in 1–2 sentences.
 Use the Rule of Law Wheel to write 1–2 sentences explaining the following elements
of the rule of law

o the presumption of innocence

o no retrospective laws should be made
o laws are made in an open and transparent way by the people
o the law and its administration is subject to open and free criticism
o people can only be punished in accordance with the law.

 Discuss with a peer what you think would happen without the rule of law. Use the
inverted pyramid on the What is the Rule of Law study guide to guide your
discussion.
 What would life at school be like if there was no rule of law? Your teacher will lead a
whole class discussion where you will share your ideas.
 Using what you have learned from your discussion, explain why the rule of law is
important in one paragraph.

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Anarchy and tyranny

 Use the inverted rule of law pyramid on the What is the Rule of Law study guide to
define anarchy and tyranny in 1–2 sentences each.
 Complete a Think-Pair-Share that answers the question: What would anarchy and
tyranny look like in a school setting?
 Research in teams an example of either tyranny or anarchy that has occurred in the
past. Share your research with the class in a whole class discussion, explaining how
your example demonstrates the features of anarchy or tyranny.

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References

This resource contains NSW Curriculum and syllabus content. The NSW Curriculum is
developed by the NSW Education Standards Authority. This content is prepared by NESA
for and on behalf of the Crown in right of the State of New South Wales. The material is
protected by Crown copyright.

Please refer to the NESA Copyright Disclaimer for more information

https://educationstandards.nsw.edu.au/wps/portal/nesa/mini-footer/copyright.

NESA holds the only official and up-to-date versions of the NSW Curriculum and syllabus
documents. Please visit the NSW Education Standards Authority (NESA) website
https://educationstandards.nsw.edu.au/ and the NSW Curriculum website
https://curriculum.nsw.edu.au/home.

Legal Studies Stage 6 Syllabus © NSW Education Standards Authority (NESA) for and on
behalf of the Crown in right of the State of New South Wales, 2009.

ABC iview (2022) 'Legal Briefs: What is Law' [video], ABC, ABC iview, accessed 1 June
2022.

Burnside J (16 July 2015) 'What is Fair and What is Just? Julian Burnside TEDxSydney'
[video], Tedx Talks, YouTube, accessed 25 February 2022.

Cambridge University Press & Assessment (2022) Cambridge Dictionary [website],

accessed 25 February 2022.

Civics Academy SA (10 May 2016), 'What is Justice?' [video], Civics Academy SA,
YouTube, accessed 25 February 2022.

Commonwealth of Australia (25 June 2021) Rule of law, Parliamentary Education Office
website, accessed 25 February 2022.

D’Olimpio L (3 June 2016) ‘The trolley dilemma: would you kill one person to save five?’,
The Conversation, accessed 1 June 2022.

© NSW Department of Education, Aug-25

 Legal studies (Year 11) – The legal system – part 1 basic legal concepts | 14

Fair Trials: Fair Trials International (22 October 2021) ‘Fiqiris-story:-forced-to-give-up-the-

right-to-a-fair-trial’, Fair Trials, accessed 18 May 2022.

NSW Legislation (10 December 2021) Road Rules 2014, NSW Legislation website,
accessed 18 May 2022.

Project Zero (2015) Circle of Viewpoints, Project Zero, Harvard Graduate School of
Education website, accessed 1 June 2022.

Rule of Law Education Centre (n.d.) Fair and Prompt Trials, Rule of Law Education Centre
website, accessed 25 February 2022.

Rule of Law Education Centre (n.d.) No One is Above the Law, Rule of Law Education
Centre website, accessed 25 February 2022.

Rule of Law Education Centre (n.d.) Open, Independent and Impartial Judiciary, Rule of
Law Education Centre website, accessed 25 February 2022.

Rule of Law Education Centre (n.d.) Principles of the Rule of Law, Rule of Law Education
Centre website, accessed 25 February 2022.

Rule of Law Education Centre (n.d.) What is the Rule of Law? the study guide, Rule of
Law Education Centre website, accessed 25 February 2022.

Rule of Law Education Centre (2016) Access to Justice – Using the Legal System, Rule of
Law Education Centre website, accessed 25 February 2022.

Singh J (28 December 2019) ‘New laws & penalties for littering in NSW’, Criminal Defence
Lawyers Australia, accessed 25 February 2022.

State of New South Wales (Department of Education) (n.d.) Digital Learning Selector
[website], accessed 25 February 2022.

The Ethics Centre (27 September 2016) ‘Ethics Explainer: Ethics, morality & law’, The
Ethics Centre, accessed 25 February 2022.

Yaxley L (7 December 2017) ‘Same-sex marriage bill passes House of Representatives

after hundreds of hours of debate’, ABC News, accessed 18 May 2022.

© NSW Department of Education, Aug-25

© State of New South Wales (Department of Education), 2023

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