Legal Studies · Stage 6

Core Part I: The Legal System

What law is, where it comes from, how it is classified and how the institutions of the Australian legal system operate.

Dot points
10
Module
1 of 4
Course
Legal Studies
01What this module asks of you

The 10 syllabus dot points in Core Part I: The Legal System

These are the statements the Legal Studies syllabus makes about Core Part I: The Legal System. Dux records each one against the questions you answer, so you can see which of them you have actually been tested on and which have never been asked.

  1. 01

    Basic Legal Concepts

    Law as a set of enforceable rules, and the distinction between law, custom, morality and rules that carry no sanction.

  2. 02

    Sources of Law

    Common law, statute and equity, and the doctrine of precedent including when a court may depart from it.

  3. 03

    Classification of Law

    Criminal and civil, public and private, and the different standards of proof and consequences that follow.

  4. 04

    The Australian Legal System

    Courts, jurisdiction, the adversarial system and the constitutional division of power.

  5. 05

    Law Reform and Its Mechanisms

    How law changes, the agencies that drive change, and why reform is usually slower than the problem that prompted it.

  6. 06

    The Constitution and Division of Powers

    Commonwealth and state powers, the referral of powers, and how constitutional limits shape what parliaments can do.

  7. 07

    Court Hierarchy and Jurisdiction

    Original and appellate jurisdiction, and how the hierarchy both allocates work and produces precedent.

  8. 08

    Legal Personnel and the Adversary System

    The roles of judge, jury, barrister and solicitor, and what the adversary system assumes about truth-finding.

  9. 09

    Alternative Dispute Resolution

    Negotiation, mediation, conciliation and arbitration, and the kinds of dispute each suits.

  10. 10

    Customary and Aboriginal Law

    Indigenous legal systems and their relationship with Australian law, including recognition in native title and sentencing.

02How it is examined

What a Core Part I: The Legal System question asks you to do

HSC Legal Studies - Trial Paper Shape is 100 marks in 180 minutes. Questions on Core Part I: The Legal System are not one shape repeated: the command word decides what the marker is looking for, and the mark value decides how much of it. These are the ones Legal Studies uses.

analyse4–6analyse5–7apply1apply4–6assess5–7classify1evaluate8–10evaluate5–7explain4–6identify1recommend4–6

Dux writes practice for this module in exactly these shapes, so the drill is the same task the paper sets — not a general knowledge quiz with the module name on it.

03Where this module sits

Core Part I: The Legal System in the Legal Studies course

Core Part I: The Legal System opens the Legal Studies course. Students routinely lose marks because a question spans two modules, so the neighbouring modules are worth reading next to this one.

Start of courseCore Part I: The Legal System
Next moduleCore Part II: The Individual and the Law6 dot points

Find the Core Part I: The Legal System dot points you have never been asked

Dux diagnoses Legal Studies dot point by dot point, then writes questions in the shape this course marks. Written answers come back marked against the bands.