Active learning ideas
Classification of law provides the organisational framework students need to navigate the legal landscape. This topic distinguishes between public law, which governs the relationship between individuals and the state (criminal, administrative, and constitutional law), and private law, which deals with disputes between individuals or organisations (contract, tort, and property law). Students also compare the procedural differences between criminal and civil jurisdictions.
Activity 01
Post various legal scenarios around the room (e.g., a breach of contract, a robbery, a dispute over a fence). Students move in pairs to categorise each as public or private law, noting the likely parties involved and the standard of proof required.
What is the difference between public and private law?
Activity 02
Run two mini-trials for the same event (e.g., a car accident). One trial focuses on the criminal charge of reckless driving (beyond reasonable doubt), while the other focuses on the civil claim for damages (balance of probabilities).
How do criminal and civil court procedures differ?
Activity 03
Each student is assigned a role (Solicitor, Barrister, Magistrate, Judge, Tipstaff). They must create a 'job profile' and then rotate through groups to explain their responsibilities and where they sit in the court hierarchy.
What are the roles of judges and juries?
A few notes on teaching this unit
Watch Out for These Misconceptions
All court cases involve a jury.
Juries are actually quite rare, used primarily in serious criminal matters in higher courts and occasionally in civil defamation cases. Most matters are heard by a Magistrate or Judge alone. A 'court hierarchy' flow chart helps students see where juries actually sit.
If you lose a civil case, you go to jail.
Civil law aims to provide a remedy (usually money) to the person wronged, not to punish the offender with imprisonment. Imprisonment is a sanction reserved for criminal law. Role playing the 'sentencing' vs 'remedy' phase clarifies this distinction.
Methods used in this brief
Basic Legal Concepts
Explore the fundamental differences between customs, rules, and laws. Examine the concepts of justice, fairness, and the rule of law in Australian society.
8 methodologies
Sources of Contemporary Australian Law
Investigate the origins of Australian law, including the British common law system, statute law, and the Australian Constitution. Recognise the significance of Aboriginal and Torres Strait Islander customary laws.
8 methodologies
Law Reform
Examine the conditions that necessitate law reform, such as changing social values and new technology. Evaluate the effectiveness of agencies and mechanisms in achieving legal change.
8 methodologies