NSW INDEPENDENT TRIAL EXAMS – 2010
LEGAL STUDIES YR 11 EXAMINATION
MARKING GUIDELINES
Section I
1
D
2
A
3
B
4
D
5
B
6
C
7
B
8
C
9
C
10
D
11
A
12
D
13
B
14
A
15
A
16
A
17
D
18
B
19
D
20
D
Section II
Question 21
Criteria
Marks
8–10
 Explicitly defines law reform and indicates that it is a process by which law is
modified/repealed/introduced to take into account changes in society
 Sketches in general terms the conditions that contribute to law reform
 Clearly integrates relevant example/s
4–7
 Defines law reform and generally outlines the relevant conditions with an appropriate
example
1–3
 Only defines law reform with general or superficial coverage of conditions and example(s)
Answers may include: Law reform occurs mainly by parliament and to a lesser extent the courts. Law reform
is a response to perceived needs and its aim is to improve and advance society. Conditions that give rise to
law reform include: changing social values, new concepts of justice and new technology. Response should
link these to specific law reform examples such as domestic violence, IVF, same sex relationships,
environmental initiatives, sexual assault laws, cyber crime and driving restrictions on young people.
Question 22(a)
Criteria
Marks
2
 Clearly explains the rule of law
 May use an example/the stimulus
1
 Attempts to explain the rule of law
Answers may include: The rule of law means that no individual, institution or government is above the law.
Question 22(b)
Criteria
Marks
3–4
 Clearly explains how the rule of law can protect human rights
 Integrates the article into the response
1–2
 Attempts to explain how the rule of law can protect human rights
Answers may include: The rule of law protects citizens by ensuring the government cannot arbitrarily abuse
power. The Constitution protects the system and there is recourse through the judiciary. Without either the
citizens may not have the protection of the rule of law in Fiji.
Question 22(c)
Criteria
Marks
4–6
 Demonstrates thorough knowledge of the limitations of international law
 Makes clear reference to both the article and at least ONE example
1–3
 Demonstrates some knowledge of the limitations of international law
 May make reference to the article and/or an example
Answers may include: Explanation of sovereignty; lack of international mechanisms/political will;
international law not binding or enforceable e.g. Fiji, Sudan (Darfur), Israel, East Timor, Australia re: asylum
seekers, etc.
NSW Independent Trial Exams 2010 – Legal Studies Yr 11 Preliminary Exam: Marking Criteria - Page 1
Question 23
Criteria
Marks
7–8
 Clearly identifies the issues and provides points for and/or against the statement
 Integrates ONE relevant example
5–6
 Identifies the issues and provides points for and/or against the statement
 Attempts to integrate ONE relevant example
3–4
 Attempts to provide points for and/or against parts of the statement
 Mentions ONE example
1–2
 Makes general statements about technology
Answers may include: Technological inventions happen so fast that it is difficult for the law to keep up to
date. Often common law may raise issues for lawmakers. Often technological issues may be contentious
therefore lawmakers may not want to address them as the electorate may not approve. Examples could
include medical research and ethical issues such as stem cell research, intellectual property issues and private
versus public good.
Section III
Question 24(a)
Criteria
Correctly identifies TWO contemporary legal issues
Identifies ONE contemporary legal issue
Answers will vary depending on student choice.
eg. The detention of David Hicks, Detention of the ‘Bali nine’, DNA evidence etc.
Marks
2
1
Question 24(b)
Criteria
Marks
6–8
 Accurately outlines the role of the mechanisms in responding to the needs of individuals in
relation to each of these TWO issues
 Uses relevant legal terminology
3–5
 Outlines the role of the mechanism(s) in responding to the needs of individuals in relation
to ONE – TWO issues
 Uses some accurate legal terminology
1–2
 Makes some statements about mechanisms and/or issues
Answers may include: Legal (parliament, courts, tribunals, etc) and non-legal mechanisms (non-government
organisations, the media, etc).
Question 24(c)
Criteria
Marks
12–15
 Accurately makes an evaluation of the responsiveness of the legal system in attempting to
achieve justice
 Integrates reference to the TWO issues
 Presents a sustained, logical and cohesive response containing relevant sources, such as
cases, legislation, media, international instruments and documents
7–11
 Some evaluation of the responsiveness of the legal system in attempting to achieve justice
 Reference to TWO issues
 Presents a logical and cohesive response containing relevant sources, such as cases,
legislation, media, international instruments and documents
3–6
 Some comment on the responsiveness of the legal system in attempting to achieve justice
 Some reference to ONE – TWO issues
1–2
 General statements about the legal system
Answers may include: The fact that sometimes the legal system is unable or unwilling to respond to issues
and it may be left to non-legal responses to highlight issues/problems.
NSW Independent Trial Exams 2010 – Legal Studies Yr 11 Preliminary Exam: Marking Criteria - Page 2
NSW INDEPENDENT TRIAL EXAMS – 2010
LEGAL STUDIES YR 11 EXAMINATION
MARKING GUIDELINES
QUESTION
Section I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Section II
21
22(a)
22(b)
22(c)
23
Section III
24(a)
24(b)
24(c)
MARKS
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
OUTCOME ASSESSED
P1.1, 1.2, 1.3, 2.1, 2.2, 3.1, 3.2, 4.3, 5.1
10
2
4
6
8
P1.1, 2.3, 3.3, 4.1, 4.2, 5.4
P1.1, 2.3, 5.4
P1.1, 2.3, 3.1, 3.2, 5.4
P1.1, 2.3, 3.1, 3.2, 5.4
P1.1, 2.3, 3.1, 3.2, 5.4
2
8
15
P1.1, 2.3, 3.3, 4.1, 4.2, 5.4
P1.1, 2.3, 3.3, 4.1, 4.2, 5.4
P1.1, 2.3, 3.3, 4.1, 4.2, 5.4
NSW Independent Trial Exams 2010 – Legal Studies Yr 11 Preliminary Exam: Marking Criteria - Page 3