2015 Notes from the Marking Centre – Legal Studies
Introduction
This document has been produced for the teachers and candidates of the Stage 6 Legal Studies course. It contains comments on candidate responses to the 2015 Higher School Certificate examination, highlighting their strengths in particular parts of the examination and indicating where candidates need to improve.
This document should be read along with:
- the Legal Studies Stage 6 Syllabus
- the 2015 Higher School Certificate Legal Studies examination
- the marking guidelines
- Advice for HSC students about examinations
- other support documents developed by the Board of Studies, Teaching and Educational Standards NSW to assist in the teaching and learning of Legal Studies in Stage 6.
Part A – Human Rights
Question 21
Candidates showed strength in these areas:
- understanding the function of either the Australian Human Rights Commission or another independent statutory body, such as the United Nations, International Criminal Court, International Court of Justice or an Australian statutory authority such as Fair Work Australia
- using examples to explain how this body promotes human rights through such mechanisms as investigations, reports, media publications, websites, social media and television
- following the directive term and linking the examples to show how the mechanism facilitates the promotion of human rights.
Candidates need to improve in these areas:
- making a distinction between the terms ‘promotion’, ‘protection’ and ‘enforcement’
- clearly understanding the function of independent statutory bodies and being mindful of what they do not do, such as ratifying international instruments or enforcing legislation.
Question 22
Candidates showed strength in these areas:
- outlining the role of law reform and using the abolition of slavery as an example to support the response
- referring, either explicitly or implicitly, to the factors that give rise to law reform.
Candidates need to improve in these areas:
- addressing the directive term
- addressing the term ‘role’ in the question
- making the connection between law reform and the abolition of slavery, rather than providing an historical narrative on the abolition of slavery.
Question 23
Candidates showed strength in these areas:
- demonstrating an understanding of the contributions of both common law and statute law in enforcing human rights
- providing examples of how the enforcement of human rights is achieved in relation to both common law and statute law.
Candidates need to improve in these areas:
- comparing the contributions of common and statute law
- supporting the answer using relevant examples.
Part B – Crime
Question 24
Candidates showed strength in these areas:
- demonstrating knowledge of transnational crimes
- demonstrating an understanding of domestic and international measures that deal with transnational crime: INTERPOL, Pacific Transnational Crime Network (PTCN), domestic courts, extradition, Australian Federal Police
- supporting the discussion with legislation, such as Extradition Act 1988 (Cth), Anti-Terrorism Act 2005 (Cth), and examples such as R v Tang, and the ‘Bali 9’
- integrating recent cases and documents throughout the response
- making an informed judgement.
Candidates need to improve in these areas:
- understanding the difference between transnational crime and crimes against humanity
- sustaining an argument.
Section III – Options
Question 25 (a) – Consumers
Candidates showed strength in these areas:
- including a comprehensive assessment of the role of NGOs and the media
- supporting the response with a wide range of case studies and media articles
- referring to contemporary case law and media examples rather than relying only on textbook examples
- making judgements regarding the promotion of awareness of consumer law issues
- identifying non-government organisations and government bodies
- using legal terminology correctly.
Candidates need to improve in these areas:
- integrating media reports with the judgement, rather than narrating the story of the case study
- demonstrating an awareness of the difference between government bodies and non-government organisations
- providing a judgement about whether the media and non-government organisations promote awareness
- including more relevant examples from legislation, cases and media articles.
Question 25 (b) – Consumers
Candidates showed strength in these areas:
- presenting arguments assessing the effectiveness of the regulation of marketing and advertising in achieving consumer protection
- providing a discussion of both legal and non-legal measures
- demonstrating knowledge and understanding of relevant contemporary consumer law issues
- supporting judgements with relevant examples
- using legal terminology correctly.
Candidates need to improve in these areas:
- integrating examples into the argument rather than narrating the story of cases and media articles
- focusing on the question and avoiding areas of consumer law which are not relevant
- making a judgement about the effectiveness of the regulation of marketing and advertising, not simply describing the applicable laws
- using contemporary examples
- presenting a logical and cohesive response.
Question 26 (a) – Global Environmental Protection
Candidates showed strength in these areas:
- demonstrating knowledge and understanding of law reform measures that assist in protecting the global environment
- using criteria to make a judgement, such as the degree of enforceability, the extent of international law reform and other non-legal reform measures.
Candidates need to improve in these areas:
- understanding that ‘to what extent’ requires a judgement/supported determination as to the effectiveness of law reform measures
- making a judgement about law reform measures rather than providing narratives or descriptions of case studies
- demonstrating greater understanding and discussion of the role of international courts, such as the ICJ, in law reform
- integrating relevant examples and linking these back to the question in a sustained, logical and cohesive manner.
Question 26 (b) – Global Environmental Protection
Candidates showed strength in these areas:
- demonstrating knowledge of a range of activities that the UN undertakes in promoting and achieving global environmental protection
- demonstrating an understanding of the nature of state sovereignty and the associated difficulties with this concept in terms of achieving global environmental protection
- using criteria, such as the degree of enforceability, the extent of international cooperation/agreement and levels of compliance at the international and domestic level, to determine the effectiveness of the UN
- integrating relevant contemporary examples.
Candidates need to improve in these areas:
- integrating relevant examples and evidence beyond narrow case studies such as international whaling
- explicitly distinguishing between the roles of the UN in ‘promoting’, and ‘achieving’ global environmental protection
- providing specific detail and discussion of the extended operations of the UN, for example, the UNEP, IUCN, and its judicial arm, the ICJ, rather than general statements
- writing a sustained, logical and cohesive response.
Question 27 (a) – Family
Candidates showed strength in these areas:
- demonstrating an understanding of the nature of law reform and the conditions which give rise to reform
- considering different aspects of law reform and exploring them in depth, including both the positive aspects of reform as well as the limitations
- making evaluative statements and using criteria to judge effectiveness.
Candidates need to improve in these areas:
- demonstrating knowledge of a range of alternative family arrangements and the laws which have been reformed to protect these relationships
- ensuring that the response links directly to the key elements of the question, rather than focusing on law reforms in areas of the syllabus that are not related to the question
- specifying the nature of the ‘changing values’ in order to make an informed judgement, rather than simply using the term ‘changing values’
- making quantified judgements, as the question asks for a determination of extent
- integrating relevant and specific legal examples, especially in the demonstration of law reform. Better responses chronologically followed reforms of the law in response to community interests and values in relation to alternative family arrangements.
Question 27 (b) – Family
Candidates showed strength in these areas:
- engaging with the question and demonstrating knowledge of the nature of domestic violence
- identifying both legal and non-legal responses and explaining their impact on the victims and society
- identifying contemporary examples of domestic violence and linking the examples to law reform and its impact
- using examples from the media.
Candidates need to improve in these areas:
- deepening the judgement for both legal and non-legal responses
- linking the contemporary examples and cases to effectiveness overall as opposed to making a judgement about that particular example
- strengthening specific legal knowledge, especially in relation to legislation which governs domestic violence
- linking arguments so that the response is cohesive.
Question 28 (a) – Indigenous Peoples
Candidates showed strength in these areas:
- demonstrating extensive knowledge of state sovereignty and its impact on the recognition of rights
- incorporating the role of state sovereignty in a variety of international agreements
- referring to indigenous peoples’ rights and how they have/have not been recognised
- demonstrating how state sovereignty can both assist and hinder indigenous people
- including a variety of indigenous peoples’ case studies and issues from around the globe
- integrating various international instruments and demonstrating their lack of international enforcement
- making clear judgements about the degree to which state sovereignty affects the recognition of indigenous peoples’ rights.
Candidates need to improve in these areas:
- understanding that ‘to what extent’ questions require a judgement
- integrating international and domestic law into the response
- answering the question asked rather than relying on prepared responses. In this case, avoiding the social issues faced by indigenous groups and concentrating instead on rights and access to resources
- integrating a variety of case studies of indigenous peoples around the world.
Question 28 (b) – Indigenous Peoples
Candidates showed strength in these areas:
- integrating a variety of examples of global indigenous peoples
- making substantial use of laws, both domestic and international, and integrating these to show how law reflects changing values and ethical standards
- assessing the contribution and repression of law
- making evidence-based judgements throughout the response.
Candidates need to improve in these areas:
- understanding that ‘to what extent’ questions require a judgement
- providing specific examples of ‘values and ethical standards’ rather than using this as a generic term
- highlighting whether or not the law reflected the changing values and ethical standards
- integrating evidence such as cases and legislation
- avoiding a sole focus on Aboriginal and Torres Strait Islander social issues.
Question 29 (a) – Shelter
Candidates showed strength in these areas:
- identifying a range of dispute resolution mechanisms available to help resolve conflict in regards to shelter
- making explicit, informed judgements about the effectiveness of dispute resolution measures
- using well-integrated case and legislative examples to demonstrate understanding of the topic
- making reference to contemporary issues in relation to dispute resolution mechanisms
- understanding the role of contemporary organisations.
Candidates need to improve in these areas:
- explicitly linking the dispute resolution measures to the question
- avoiding narrative accounts or excessive descriptions of measures
- distinguishing between the various bodies that attempt to resolve disputes
- discussing a wide range of dispute resolution mechanisms, rather than relying solely on mediation and negotiation.
Question 29 (b) – Shelter
Candidates showed strength in these areas:
- making reference to the range of laws available in the buying and selling process
- recognising areas where law reform has provided justice for those involved in the buying and selling process
- making a clear distinction between the buying and selling process, and leasing property
- integrating and analysing relevant cases and media reports
- demonstrating understanding of the steps involved in buying and selling property
- attempting to make strong links to contemporary issues.
Candidates need to improve in these areas:
- distinguishing between conveyancing and leasing laws
- making reference to relevant contemporary issues
- linking the information and examples back to the question
- moving beyond general statements about contemporary issues with limited reference to the legal system
- avoiding narrative accounts or excessive descriptions of the buying and selling process.
Question 30 (a) – Workplace
Candidates showed strength in these areas:
- providing an explanation of discrimination legislation, such as the Anti-Discrimination Act and more specifically the Sex Discrimination, Race Discrimination and Age Discrimination Acts
- addressing changes in society that lead to the introduction of discrimination legislation and referring to both landmark cases, such as the equal pay cases, and contemporary cases, such as Toll and Fraser-Kirk
- displaying solid analysis by clearly explaining the need for law reform and the effectiveness and limitations of new laws
- sustaining judgements throughout the response, and making the link back to the question with supportive evidence of appropriate laws, cases, media reports and international instruments
- structuring responses by using clearly set out paragraphs.
Candidates needed to improve in these areas:
- elaborating on a range of discrimination issues
- addressing how law reform has been effective and has progressed over time in reference to discrimination.
Question 30 (b) – Workplace
Candidates showed strength in these areas:
- maintaining focus on the question and undertaking sharp and consistent analysis
- making informed judgements on the role of trade unions in protecting workplace rights and sustaining judgements throughout the response, with supportive evidence of appropriate laws, cases, media reports and international law
- referring to the declining role of trade unions due to decreased membership, achievements and protections offered by the Fair Work Act (2009), and the damage done to the reputation of trade unions by recent allegations of corruption and mismanagement
- structuring responses by having clearly set out paragraphs.
Candidates needed to improve in these areas:
- understanding the role and the importance of trade unions and how to address the effectiveness or limitations of trade unions
- demonstrating understanding beyond irrelevant narrative.
Question 31 (a) – World Order
Candidates showed strength in these areas:
- demonstrating a sound understanding of how political negotiation can either work towards achieving world order or hinder this process
- interpreting the term ‘force’ to incorporate the concept of enforcement and alternatives to military intervention, demonstrating an understanding of how force can escalate conflict and hence the growing reliance on political negotiation
- demonstrating an understanding of the international legal framework established via principles of international customary law, the UN and associated instruments, which establish norms relating to international relations and increase emphasis on political negotiation
- using relevant and contemporary case studies to support arguments, including situations where negotiation has been of importance, for example, via the emergence of the ‘responsibility to protect’ principle. The use of these examples allowed the candidate to qualify the extent to which world order has been achieved
- making a sustained judgement with the use of well-developed examples
- integrating and analysing relevant media reports, documents, international instruments and opinions/quotes from experts to support arguments and judgements.
Candidates need to improve in these areas:
- incorporating relevant and contemporary examples such as Syria, Libya, Russia/Ukraine rather than focusing on textbook examples
- using examples that relate to political negotiation and the use of force, rather than using human rights examples
- understanding the rules associated with the conduct of hostilities and the associated impact that state sovereignty has on attaining world order.
Question 31 (b) – World Order
Candidates showed strength in these areas:
- demonstrating knowledge of the United Nations and the function of its major organs including the General Assembly, Security Council, ICJ
- addressing both promotion and maintenance
- demonstrating an understanding of the concept of state sovereignty
- using a range of relevant contemporary case studies, clearly integrated into the response, to support a judgement
- using contrasting, relevant and contemporary examples from media reports, documents and quotations from experts.
Candidates need to improve in these areas:
- avoiding descriptive responses or story-telling
- distinguishing between human rights issues and world order issues
- linking relevant examples to their arguments
- responding to the question and avoiding the moulding of a prepared response to fit the question.
NSW Government