NSW INDEPENDENT TRIAL EXAMS – 2011
LEGAL STUDIES YR 11 EXAMINATION
MARKING GUIDELINES
Section I
1
D
2
A
3
B
4
C
5
D
21
D
22
C
23
C
24
B
25
B
6
D
7
B
8
D
9
C
10
D
11
D
12
A
13
C
14
B
15
A
16
C
17
B
18
A
19
C
20
A
Section II
Question 26(a)
Criteria
 Accurately details how the legislation allows challenges to state power
 Provides some information relating to the legislation and/or state power
Question 26(b)
Criteria
 Accurately identifies and provides detailed information about ONE condition for law
reform
 Integrates an appropriate example
 Identifies ONE condition and some explanation of how this relates to the reform of the law
 Use of an example
 Some reference to law reform
Question 26(c)
Criteria
 Accurately outlines (at least TWO) law reform agencies and explains their role in the law
reform process
 Outlines (a) law reform agency/s and provides some explanation of their role in the law
reform process
 Some (implied) reference to law reform agencies
Question 27
Criteria
 Correctly defines terra nullius AND concisely illustrates that native title was not possible
under the doctrine of terra nullius as it meant that Indigenous people had no legal status as
Australia was “land belonging to no-one” – it was considered not to have permanent
inhabitants, or a legal or political system, and thus British law applied automatically.
Consequently, Indigenous people could not claim the land, as there was a legal fiction that
they never owned it.
 Correctly defines terra nullius and outlines in general terms how terra nullius provided an
obstacle to native title claims
 Tries to define terra nullius and makes disjointed links to native title
Question 28(a)
Criteria
 Correctly outlines the role of the United Nations as a forum for global peace and security
and to promote cooperation in solving international problems
 Outlines only one role of the UN or with only a superficial description of its role
Marks
2
1
Marks
4
2–3
1
Marks
4
2–3
1
Marks
5
3–4
1–2
Marks
2
1
NSW Independent Trial Exams 2011 – Legal Studies Yr 11 Preliminary Exam: Marking Criteria - Page 1
Question 28(b)
Criteria
 Concise explanation indicating a binding international instrument is an international
agreement signed by those nations exercising their sovereignty to agree to abide by its
terms. Somalia and the USA have exercised their sovereignty by not signing. Breaches of
certain international instruments can result in ICJ action.
 Defines an international instrument and implies that nations can choose to sign
 Only defines an international instrument OR indicates that nations can choose to sign
Question 29
Criteria
 Accurately details and makes a judgement about the effectiveness of internal and external
reviews in dispute resolution between individuals and the state
 Clear analysis of effectiveness and consistent use of legal terminology
 Provides information about internal and external reviews and dispute resolution between
individuals and the state
 Some reference to dispute resolution and internal and/or external reviews
Question 30
Criteria
 Provides a thorough examination of a technology issue and fully explains the impact on the
individual
 Clear reference to the statement
 Sound assessment of law reform in relation to the issue
 Clear and consistent use of legal terminology
 Provides an examination of a technology issue and explains the impact on the individual
 Some reference to the statement
 Some assessment of law reform in relation to the issue
 Use of legal terminology
 Information about technology and/or law reform in relation to the issue
Marks
3
2
1
Marks
5
3–4
1–2
Marks
8–10
4–7
1–3
Section III
Question 31(a)
Criteria
 Correctly identifies and outlines key features of TWO contemporary legal issues involving
Marks
3–4
groups or individuals suffering from disadvantage in Australia.
Identifies and outlines key features of ONE contemporary legal issue involving groups or
1–2
individuals suffering from disadvantage in Australia.
OR
 Provides limited detail of the key features of TWO legal involving groups
or individuals
suffering from disadvantage in Australia.
Question 31(b)
Criteria
 Accurately identifies a range of legal AND non-legal responses to both issues
 With reference to criteria (explicit or implicit), makes a sound judgement of the
effectiveness of both legal and non-legal responses in achieving justice
 Integrates relevant examples such as legislation, cases, media and international instruments
and documents in the response
 Presents a sustained, logical and cohesive answer using relevant legal terminology and
concepts
Marks
13–16
Question 31(b) continues on the next page
NSW Independent Trial Exams 2011 – Legal Studies Yr 11 Preliminary Exam: Marking Criteria - Page 2
Question 31(b) continued
 Identifies a range of legal and/or non-legal responses to both issues
 Attempts a judgement of the effectiveness of both legal and/or non-legal responses in
8–12
achieving justice
 Uses relevant examples such as legislation, cases, media, international instruments and





documents in the response
Presents a logical answer using relevant legal terminology and concepts
Outlines some legal and/or non-legal responses to legal issues
May refer to legislation, cases, media, international instruments and documents
Presents an answer using some legal terminology and concepts
Presents some information about legal issues
4–7
1–3
NSW INDEPENDENT TRIAL EXAMS – 2011
LEGAL STUDIES YR 11 EXAMINATION
MARKING GUIDELINES
QUESTI
ON
MARKS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
OUTCOME ASSESSED
Section I
P1, P2, P3, P5
Section II
26(a)
26(b)
26(c)
27
28(a)
28(b)
29
30
2
4
4
5
2
3
5
10
31(a)
32(b)
4
16
P1, P5, P6
P1, P2, P3, P5, P6, P9
P1, P2, P3, P5, P6, P9
P1, P2, P3, P5, P6, P9
P1, P2, P3
P1, P2, P3, P6, P9
P1, P2, P3, P4, P5, P6, P7, P9
P1, P2, P3, P4, P5, P6, P7, P8, P9, P10
Section III
P1, P2, P3
P1, P2, P3, P4, P5, P6, P7, P8, P9, P10
NSW Independent Trial Exams 2011 – Legal Studies Yr 11 Preliminary Exam: Marking Criteria - Page 3
NSW Independent Trial Exams 2011 – Legal Studies Yr 11 Preliminary Exam: Marking Criteria - Page 4