Legal Studies 2018 HSC exam pack

Students should:

• review the syllabus so that they are aware of key words – for example, what the contemporary issues are in the Options section and the themes and challenges in the Crime topic
• read the question carefully – for example, ‘Australian example’, ‘examples’ (plural) means that more than one example should be included in their response
• directly answer the question, addressing all aspects of the question, rather than writing everything they know about the topic
• engage with the question consistently throughout each response
• use relevant legal terminology to support their responses
• support their responses using relevant examples (such as contemporary case studies and legislation, cases, media reports, international instruments and documents)
• ensure that legislation and case law are correct and relevant
• explain how legislation or a case study is relevant to their argument, rather than just identifying the name or outlining the facts of the case
• expect questions of varying difficulty
• review the case studies and examples they have studied, ensuring that they have both Australian and international perspectives, where appropriate.

Question 21

In better responses, students were able to:

• identify two features of human rights – for example, universal, inalienable and inherent.

Question 22

In better responses, students were able to:

• show an understanding of what self-determination means and why it is a human right
• use a relevant example to illustrate their point.

Question 23

In better responses, students were able to:

• outline the cause and effect of the separation of powers on human rights protection in Australia
• integrate a relevant Australian example.

Question 24

In better responses, students were able to:

• demonstrate knowledge of the role of non-government organisations (NGOs) and the media
• assess the effectiveness of NGOs and the media in promoting human rights
• make a clear and concise argument supported by cases, legislation and/or contemporary Australian case studies
• make a separate judgement about NGOs and the media.

Areas for students to improve include:

• making a judgement about the effectiveness of NGOs and the media, rather than just outlining what they do
• writing a succinct response within the allocated space.

Question 25

In better responses, students were able to:

• demonstrate a clear understanding of what discretion means
• demonstrate an understanding of the way in which the use of discretion achieves, or does not achieve, justice within the criminal justice system
• make a clear and concise argument supported with legislation, cases and media reports. 

Areas for students to improve include:

• understanding the meaning of the themes and challenges – that is, what is discretion?
• writing only about relevant areas of the criminal justice system that involve discretion or the removal of discretion – for example, police powers, bail, charge negotiation, preventative detention and mandatory sentencing
• referring to a range of areas of the criminal justice system.
   

General feedback

In better responses, students were able to:

• answer TWO questions from TWO different Options, and those Options should ideally have been the syllabus topics studied at school
• clearly identify the question being answered – (a) or (b)
• write a sustained, logical and cohesive response
• plan each of the extended responses to assist in structuring the responses in a logical way
• use legal terminology and concepts that are relevant to the Option
• demonstrate an understanding of a range of contemporary issues
• incorporate contemporary material in their responses, indicating that they are following legal issues in the media
• support their arguments using a variety of examples, including cases, legislation and media reports
• make an informed judgement using criteria such as accessibility, enforceability and comparative levels of justice when required by the key word ‘evaluate’.

Areas for students to improve include:

• being conscious of the different requirements of ‘evaluate’, ‘to what extent’ and ‘discuss’ questions
• displaying a depth of knowledge, rather than writing superficially about a wide range of aspects of the legal system
• linking the examples used to the question
• incorporating examples, documents and opinions that support their arguments and are linked to a judgement throughout their response, rather than referencing the question at the end of each paragraph without a link to the material presented in that paragraph.

Question 26(a)

In better responses, students were able to:

• incorporate multiple ways that law reform has occurred as a result of changing values and ethical standards
• address the role of non-government organisations and the media in reflecting the values and ethical standards of society.

Areas for students to improve include:

• demonstrating knowledge of how specific changes in values and ethical standards have influenced the development of consumer law
• avoiding writing historical narratives.

Question 26(b)

In better responses, students were able to:

• address the question using a range of examples of marketing and advertising
• make a judgement of extent – that is, how much, how far, and so on.

Areas for students to improve include:

• incorporating current material into their responses, indicating that they are aware of contemporary issues in consumer law
• supporting their judgements of extent.

Question 27(a)

In better responses, students were able to:

• write about a change in values and ethical standards and the influence this has had on global environmental protection
• provide a range of detailed examples and organisations related to global environmental protection issues.

Areas for students to improve include:

• demonstrating knowledge of how specific changes in values and ethical standards have promoted global environmental protection
• using topic-specific vocabulary, such as ‘intergenerational equity’ and ‘ecologically sustainable development’.

Question 27(b)

In better responses, students were able to:

• demonstrate a clear understanding of state sovereignty and its role in resolving issues
• demonstrate extensive knowledge of a range of global environmental protection issues and the actions of domestic and international bodies in response
• provide arguments for how sovereignty has or has not resolved global environmental protection issues.

Areas for students to improve include:

• using topic-specific vocabulary, such as ‘intergenerational equity’ and ‘ecologically sustainable development’.

Question 28(a)

In better responses, students were able to:

• demonstrate how significant legal reforms are reflective of changing community values
• explicitly identify changing community values – for example, equality, protection of individual rights, child safety and accessibility.

Areas for students to improve include:

• demonstrating knowledge of how community values have changed – that is, identifying specific values in the past and what these now are.

Question 28(b)

In better responses, students were able to:

• demonstrate a comprehensive understanding of a range of issues in family relationships and the legal processes involved
• identify and examine the role of key legal processes – for example, the Family Court (including family dispute resolution), divorce schemes and Apprehended Domestic Violence Orders. 

Areas for students to improve include:

• making an informed judgement on the effectiveness of the legal processes throughout their response.

Question 29(a)

In better responses, students were able to:

• demonstrate a broad understanding of how laws relating to indigenous peoples reflect changing values and ethical standards
• write about both international and domestic legal contexts
• refer to relevant examples from across the world to demonstrate how laws have and have not progressed over time, as a result of changing values and ethical standards.

Areas for students to improve include:

• being familiar with a variety of nation states, their compliance with international declarations, and the strength of their domestic protections – students should go beyond Australian examples.

Question 29(b)

In better responses, students were able to:

• demonstrate a broad understanding of legal processes and their ability to assist indigenous peoples to determine their own future
• provide a comparison between nation states with effective legal processes and those with a limited focus on indigenous self-determination
• refer to relevant examples from across the world to demonstrate how legal processes have or have not assisted indigenous peoples to determine their own future
• make an informed judgement of the extent to which legal processes are effective in assisting indigenous peoples to determine their own future, including being able to quantify the success, or lack thereof, of legal processes.

Areas for students to improve include:

• using criteria to support their judgement, such as accessibility, enforceability and comparative levels of justice
• being familiar with a variety of indigenous peoples around the world – for example, Sami, Māori, San and Ainu peoples. Students should go beyond Aboriginal and Torres Strait Islander case studies.

Question 30(a)

In better responses, students were able to:

• demonstrate a detailed understanding of changes to laws relating to shelter
• make a direct link between the changes that were identified and changing values and ethical standards.

Areas for students to improve include:

• demonstrating knowledge of specific changes in values and ethical standards with regard to shelter
• using criteria to support their judgement.

Question 30(b)

In better responses, students were able to:

• demonstrate a detailed understanding of legal protections available to those seeking and providing shelter
• refer to a suitable range of shelter types
• develop a logical judgement, referring in detail to legal protections.

Areas for students to improve include:

• making a judgement of extent – that is, how much and how far.

Question 31(a)

In better responses, students were able to:

• identify the reasons for law reform and provide judgements as to whether these mirror changing values and ethical standards
• identify examples of legislative change and the tensions which impact upon law reform.

Areas for students to improve include:

• making links to the reasons for legislative change – for example, changing attitudes towards discrimination, parental leave, unfair dismissal and competing interests through the global expansion of transnational corporations
• making judgements of the extent that change has been effective, using a range of relevant criteria and a range of perspectives, such as Australian society, employers and employees, and the application of international human rights documents.

Question 31(b)

In better responses, students were able to:

• demonstrate an understanding of contemporary workplace legislation, the nature of a range of disputes, and the mechanisms employed to resolve them – for example, the Fair Work Commission, SafeWork NSW and the Anti-Discrimination Board
• make judgements about whether the law does or does not assist in resolving a range of industrial relations tensions
• utilise relevant case studies as examples of whether disputes were effectively resolved – for example, 7 Eleven, Qantas and Foodora – using criteria such as time, accessibility, compliance, protection of rights, and cost.

Areas for students to improve include:

• using relevant legal terminology – for example, ‘adverse action’, ‘vicarious liability’, ‘constructive dismissal’ and ‘protected action’
• providing a variety of perspectives on each issue.

Question 32(a)

In better responses, students were able to:

• demonstrate a broad understanding of how peace is promoted and conflict is resolved between nation states
• refer to relevant examples that demonstrate changing values and ethical standards and link them to promoting peace and resolving conflict.

Areas for students to improve include:

• demonstrating knowledge of specific changes in values and ethical standards in the international community
• using criteria to make a supported judgement.

Question 32(b)

In better responses, students were able to:

• demonstrate a broad understanding of issues of compliance and non-compliance in world order
• address specific implications of both compliance and non-compliance when attempting to achieve world order.

Areas for students to improve include:

• providing a variety of perspectives on each issue – for example, those of the international community, nation states and individual citizens.