2020 HSC Legal Studies Marking Guidelines

NSW Education Standards Authority

2020 HSC Legal Studies Marking Guidelines

Section I

Multiple-choice Answer Key

Question Answer

1 D 2 A 3 A 4 C 5 D 6 B 7 A 8 C 9 C

10 D 11 B 12 B 13 A 14 C 15 B 16 D 17 A 18 C 19 C 20 B

Page 1 of 19

NESA 2020 HSC Legal Studies Marking Guidelines

Section II Part A — Human Rights

Question 21 Criteria Marks

• Demonstrates an understanding of how the International Covenant on Civil and Political Rights has contributed to the development of human rights

3

• Makes statements about the International Covenant on Civil and Political Rights and the development of human rights 2

• Makes general statements about human rights 1


• Demonstrates a thorough understanding of the role of IGOs in relation to human rights

• Provides an informed explanation of how IGOs enforce human rights, using an appropriate example

5

• Demonstrates a sound understanding of the role of IGOs in relation to human rights

• Provides an explanation of how IGOs enforce human rights, using an example

4

• Demonstrates an understanding of IGOs and the enforcement of human rights

• May include an example 3

• Makes general statements about IGOs and human rights 2 • Makes a general statement about human rights 1


• Demonstrates a thorough understanding of international human rights law • Makes an informed judgement about the extent to which compliance with

international human rights law has been achieved by nations 7

• Demonstrates a sound understanding of international human rights law • Makes a judgement about the extent to which compliance with

international human rights law has been achieved by nations 5–6

• Demonstrates some understanding of international human rights law • Makes statements about compliance with international human rights

3–4

• Makes general statements about international human rights law AND/OR compliance with human rights 2

• Makes general statements about human rights 1

Page 2 of 19


Section II Part B — Crime


• Demonstrates extensive knowledge of the criminal trial process • Makes an informed judgement about the extent to which the criminal trial

process reflects the moral and ethical standards of society • Integrates relevant examples such as legislation, cases, media,

international instruments and documents • Presents a sustained, logical and cohesive response to the question

using relevant legal terminology and concepts

13–15

• Demonstrates substantial knowledge of the criminal trial process • Makes a sound judgement about the extent to which the criminal trial

process reflects the moral and ethical standards of society • Uses relevant examples such as legislation, cases, media, international

instruments and documents • Presents a logical and cohesive response to the question using relevant

legal terminology and concepts

10–12

• Demonstrates some knowledge of the criminal trial process • Makes a judgement about the extent to which the criminal trial process

reflects the moral and ethical standards of society • Makes reference to examples such as legislation, cases, media,

international instruments and documents • Presents a structured response to the question using relevant legal

terminology and concepts

7–9

• Demonstrates limited knowledge of the criminal trial process • Makes general statements about the criminal trial process and the moral

and ethical standards of society • Makes limited reference to examples such as legislation, cases, media,

international instruments and documents • Uses some relevant legal terminology

4–6

• Writes in general terms about the criminal justice system AND/OR the moral and ethical standards of society

• May include reference to legislation, cases, media, international instruments and documents

• May use legal terminology

1–3

Page 3 of 19


Section III — Options

Question 25 — Consumers

Question 25 (a)

Page 4 of 19

Criteria Marks

•

•

•

Demonstrates extensive understanding of consumer law related to technology

Makes an informed judgement, using criteria, about the effectiveness of the legal system in addressing issues for consumers arising from

technology Integrates relevant examples such as legislation, cases, media,

international instruments and documents

21–25

• Presents a sustained, logical and cohesive response to the question using relevant legal terminology and concepts

•

•

•

Demonstrates substantial understanding of consumer law related to technology

Makes a sound judgement, using explicit or implicit criteria, about the effectiveness of the legal system in addressing issues for consumers

arising from technology Uses relevant examples such as legislation, cases, media, international

instruments and documents

16–20

• Presents a logical and cohesive response to the question using relevant legal terminology and concepts

• •

•

Demonstrates an understanding of consumer law related to technology Makes some judgement about the effectiveness of the legal system in

addressing issues for consumers arising from technology Makes some reference to examples such as legislation, cases, media,

international instruments and documents 11–15

• Presents a structured response to the question using relevant legal terminology and concepts

•

•

•

Demonstrates limited understanding of consumer law related to technology

Makes statements about the effectiveness of the legal system in addressing issues for consumers

Makes limited reference to examples such as legislation, cases, media, international instruments and documents

6–10

• Uses some relevant legal terminology • •

Writes in general terms about consumer law May include reference to legislation, cases, media, international

instruments and documents 1–5

• May refer to general legal terms


Question 25 (b)

Page 5 of 19

Criteria Marks

• •

Demonstrates extensive understanding of consumer law Makes an informed judgement about the extent to which compliance can

be difficult to achieve in relation to consumer law • Integrates relevant examples such as legislation, cases, media,



• •

Demonstrates substantial understanding of consumer law Makes a sound judgement about the extent to which compliance can be

difficult to achieve in relation to consumer law • Uses relevant examples such as legislation, cases, media, international



• •

Demonstrates an understanding of consumer law Makes some judgement about the extent to which compliance can be difficult to achieve in relation to consumer law

• Makes some reference to examples such as legislation, cases, media, international instruments and documents

11–15


• •

•

Demonstrates limited understanding of consumer law Makes statements about the extent to which compliance can be difficult to

achieve Makes limited reference to examples such as legislation, cases, media,


6–10


Writes in general terms about consumer law May include reference to legislation, cases, media, international




Question 26 — Global Environmental Protection

Question 26 (a)

Page 6 of 19

Criteria Marks

• Demonstrates extensive understanding of law arising from global environmental threats

• Makes an informed judgement, using criteria, about the effectiveness of legal processes in addressing issues arising from global threats to the

environment 21–25 • Integrates relevant examples such as legislation, cases, media,


using relevant legal terminology and concepts • Demonstrates substantial understanding of law arising from global

environmental threats • Makes a sound judgement, using explicit or implicit criteria, about the

effectiveness of legal processes in addressing issues arising from global threats to the environment 16–20

• Uses relevant examples such as legislation, cases, media, international instruments and documents


• Demonstrates an understanding of law arising from global environmental threats

•

•

Makes some judgement about the effectiveness of legal processes in addressing issues arising from global threats to the environment

Makes some reference to examples such as legislation, cases, media, international instruments and documents

11–15


• Demonstrates limited understanding of law arising from global environmental threats

•

•

Makes statements about the effectiveness of legal processes in addressing issues in global environmental protection


6–10


Writes in general terms about global environmental protection May include reference to legislation, cases, media, international




Question 26 (b)

Page 7 of 19

Criteria Marks

•

•

•

Demonstrates extensive understanding of law relating to global environmental protection

Makes an informed judgement about the extent to which cooperation can be difficult to achieve in relation to global environmental protection

Integrates relevant examples such as legislation, cases, media, international instruments and documents

21–25


•

•

•

Demonstrates substantial understanding of law relating to global environmental protection

Makes a sound judgement about the extent to which cooperation can be difficult to achieve in relation to global environmental protection

Uses relevant examples such as legislation, cases, media, international instruments and documents

16–20


•

•

•

Demonstrates an understanding of law relating to global environmental protection

Makes some judgement about the extent to which cooperation can be difficult to achieve in relation to global environmental protection Makes some reference to examples such as legislation, cases, media,


11–15


•

•

Demonstrates limited understanding of law relating to global environmental protection

Makes statements about the extent to which cooperation can be difficult to achieve 6–10

• Makes limited reference to examples such as legislation, cases, media, international instruments and documents

• Uses some relevant legal terminology •

•

Writes in general terms about law relating to global environmental protection

May include reference to legislation, cases, media, international instruments and documents

1–5



Question 27 — Family

Question 27 (a)

Page 8 of 19

Criteria Marks

•

•

Demonstrates extensive understanding of law relating to care and protection of children

Makes an informed judgement, using criteria, about the effectiveness of the legal system in addressing issues related to care and protection of children 21–25

• Integrates relevant examples such as legislation, cases, media, international instruments and documents


•

•

•

Demonstrates substantial understanding of law relating to care and protection of children

Makes a sound judgement, using explicit or implicit criteria, about the effectiveness of the legal system in addressing issues related to care and

protection of children Uses relevant examples such as legislation, cases, media, international


16–20


• Demonstrates an understanding of law relating to care and protection of children

•

•

Makes some judgement about the effectiveness of the legal system in addressing issues related to care and protection of children


11–15


• Demonstrates limited understanding of law relating to care and protection of children

•

•

Makes statements about the effectiveness of the legal system in addressing issues for children


6–10


Writes in general terms about family law May include reference to legislation, cases, media, international




Question 27 (b)

Page 9 of 19

Criteria Marks

• •

•

Demonstrates extensive understanding of family law Makes an informed judgement about the extent to which compliance can

be difficult to achieve in relation to family law Integrates relevant examples such as legislation, cases, media,



• •

•

Demonstrates substantial understanding of family law Makes a sound judgement about the extent to which compliance can be difficult to achieve in relation to family law


16–20


• •

•

Demonstrates an understanding of family law Makes some judgement about the extent to which compliance can be difficult to achieve in relation to family law Makes some reference to examples such as legislation, cases, media,



• •

•

Demonstrates limited understanding of family law Makes statements about the extent to which compliance can be difficult to



6–10


Writes in general terms about family law May include reference to legislation, cases, media, international




Question 28 — Indigenous Peoples

Question 28 (a)

Page 10 of 19

Criteria Marks

•

•

•

Demonstrates extensive understanding of law relating to indigenous peoples’ cultural rights

Makes an informed judgement, using criteria, about the effectiveness of legal processes in addressing issues for indigenous peoples arising from

the loss of cultural rights Integrates relevant examples such as legislation, cases, media,


21–25


•

•

•

Demonstrates substantial understanding of law relating to indigenous peoples’ cultural rights

Makes a sound judgement, using explicit or implicit criteria, about the effectiveness of legal processes in addressing issues for indigenous

peoples arising from the loss of cultural rights Uses relevant examples such as legislation, cases, media, international


16–20


•

•

•

Demonstrates an understanding of law relating to indigenous peoples’ cultural rights

Makes some judgement about the effectiveness of legal processes in addressing issues for indigenous peoples arising from the loss of cultural

rights Makes some reference to examples such as legislation, cases, media,


11–15


•

•

•

Demonstrates limited understanding of law relating to indigenous peoples’ cultural rights

Makes statements about the effectiveness of legal processes in addressing issues for indigenous peoples


6–10


Writes in general terms about the rights of indigenous peoples May include reference to legislation, cases, media, international




Question 28 (b)

Page 11 of 19

Criteria Marks

•

•

•

Demonstrates extensive understanding of law relating to indigenous peoples

Makes an informed judgement about the extent to which cooperation can be difficult to achieve in relation to indigenous peoples


21–25


•

•

•

Demonstrates substantial understanding of law relating to indigenous peoples

Makes a sound judgement about the extent to which cooperation can be difficult to achieve in relation to indigenous peoples


16–20


• •

•

Demonstrates an understanding of law relating to indigenous peoples Makes some judgement about the extent to which cooperation can be difficult to achieve in relation to indigenous peoples Makes some reference to examples such as legislation, cases, media,



• •

•

Demonstrates limited understanding of law relating to indigenous peoples Makes statements about the extent to which cooperation be difficult to



6–10


Writes in general terms about law relating to indigenous peoples May include reference to legislation, cases, media, international




Question 29 — Shelter

Question 29 (a)

Page 12 of 19

Criteria Marks

•

•

•

Demonstrates extensive understanding of legal responses relating to affordability of shelter

Makes an informed judgement, using criteria, about the effectiveness of the legal system in addressing issues related to the affordability of shelter


21–25


•

•

•

Demonstrates substantial understanding of legal responses relating to affordability of shelter

Makes a sound judgement, using explicit or implicit criteria, about the effectiveness of the legal system in addressing issues related to the

affordability of shelter Uses relevant examples such as legislation, cases, media, international


16–20


• Demonstrates an understanding of legal responses relating to affordability of shelter

•

•

Makes some judgement about the effectiveness of the legal system in addressing issues related to the affordability of shelter


11–15


•

•

•

Demonstrates limited understanding of legal responses relating to affordability of shelter

Makes statements about the effectiveness of the legal system in addressing issues for those seeking shelter


6–10


Writes in general terms about legal responses relating to shelter May include reference to legislation, cases, media, international




Question 29 (b)

Page 13 of 19

Criteria Marks

• •

Demonstrates extensive understanding of laws governing shelter Makes an informed judgement about the extent to which compliance can

be difficult to achieve in relation to shelter • Integrates relevant examples such as legislation, cases, media,



• •

Demonstrates substantial understanding of laws governing shelter Makes a sound judgement about the extent to which compliance can be difficult to achieve in relation to shelter


16–20


• •

Demonstrates an understanding of laws governing shelter Makes some judgement about the extent to which compliance can be difficult to achieve in relation to shelter


11–15


• •

•

Demonstrates limited understanding of laws governing shelter Makes statements about the extent to which compliance can be difficult to



6–10


Writes in general terms about laws governing shelter May include reference to legislation, cases, media, international




Question 30 — Workplace

Question 30 (a)

Page 14 of 19

Criteria Marks

• •

•

Demonstrates extensive understanding of law relating to workplace safety Makes an informed judgement, using criteria, about the effectiveness of

the legal system in addressing issues related to workplace safety Integrates relevant examples such as legislation, cases, media,



•

•

•

Demonstrates substantial understanding of law relating to workplace safety

Makes a sound judgement, using explicit or implicit criteria, about the effectiveness of the legal system in addressing issues related to

workplace safety Uses relevant examples such as legislation, cases, media, international


16–20


• •

•

Demonstrates an understanding of law relating to workplace safety Makes some judgement about the effectiveness of the legal system in

addressing issues related to workplace safety Makes some reference to examples such as legislation, cases, media,



• •

•

Demonstrates limited understanding of law relating to workplace safety Makes statements about the effectiveness of the legal system in

addressing issues for workers Makes limited reference to examples such as legislation, cases, media,


6–10


Writes in general terms about workplace law May include reference to legislation, cases, media, international




Question 30 (b)

Page 15 of 19

Criteria Marks

• •

•

Demonstrates extensive understanding of workplace law Makes an informed judgement about the extent to which compliance can

be difficult to achieve in relation to workplace law Integrates relevant examples such as legislation, cases, media,



• •

•

Demonstrates substantial understanding of workplace law Makes a sound judgement about the extent to which compliance can be difficult to achieve in relation to workplace law


16–20


• •

•

Demonstrates an understanding of workplace law Makes some judgement about the extent to which compliance can be difficult to achieve in relation to workplace law Makes some reference to examples such as legislation, cases, media,



• •

•

Demonstrates limited understanding of workplace law Makes statements about the extent to which compliance can be difficult to



6–10


Writes in general terms about workplace law May include reference to legislation, cases, media, international




Question 31 — World Order

Question 31 (a)

Page 16 of 19

Criteria Marks

• Demonstrates extensive understanding of law relating to the conduct of hostilities

• Makes an informed judgement, using criteria, about the effectiveness of legal measures in addressing issues related to rules regarding the

conduct of hostilities 21–25 • Integrates relevant examples such as legislation, cases, media,


using relevant legal terminology and concepts • Demonstrates substantial understanding of law relating to the conduct of

hostilities •

•

Makes a sound judgement, using explicit or implicit criteria, about the effectiveness of legal measures in addressing issues related to rules

regarding the conduct of hostilities Uses relevant examples such as legislation, cases, media, international


16–20


• Demonstrates an understanding of law relating to the conduct of hostilities

•

•

Makes some judgement about the effectiveness of legal measures in addressing issues related to rules regarding the conduct of hostilities


11–15


• Demonstrates limited understanding of law relating to the conduct of hostilities

•

•

Makes statements about the effectiveness of legal measures in addressing issues related to the conduct of hostilities


6–10


Writes in general terms about world order May include reference to legislation, cases, media, international




Question 31 (b)

Page 17 of 19

Criteria Marks

• •

Demonstrates extensive understanding of law relating to world order Makes an informed judgement about the extent to which cooperation can

be difficult to achieve in relation to world order • Integrates relevant examples such as legislation, cases, media,



• •

Demonstrates substantial understanding of law relating to world order Makes a sound judgement about the extent to which cooperation can be difficult to achieve in relation to world order


16–20


• •

Demonstrates an understanding of law relating to world order Makes some judgement about the extent to which cooperation can be difficult to achieve in relation to world order


11–15


• •

•

Demonstrates limited understanding of law relating to world order Makes statements about the extent to which cooperation can be difficult

to achieve Makes limited reference to examples such as legislation, cases, media,


6–10


Writes in general terms about law relating to world order May include reference to legislation, cases, media, international




2020 HSC Legal Studies Mapping Grid

Section I

Question Marks Content Syllabus outcomes

1 1 Crime — criminal trial process H1

2 1 Crime — criminal investigation process H1

3 1 Crime — nature of crime H1




7 1 Crime — young offenders H1, H3

8 1 Human rights — promoting and enforcing human rights H1, H3

9 1 Crime — sentencing and punishment H1, H3

10 1 Crime — international crime H1, H2, H3

11 1 Crime — young offenders H1, H2, H3

12 1 Human rights — promoting and enforcing human rights H1, H2, H3

13 1 Crime — sentencing and punishment H1, H2, H3

14 1 Crime — sentencing and punishment, young offenders H1, H3, H6

15 1 Human rights — promoting and enforcing human rights H1, H2, H3, H6


17 1 Human rights — promoting and enforcing human rights H1, H2, H3, H6


19 1 Human rights — nature and development of human rights H1, H2, H4, H6

20 1 Crime — international crime H1, H2, H3, H7

Section II Part A — Human Rights


21 3 Human rights — formal statements of human rights H1, H2, H3, H5

22 5 Human rights — promoting and enforcing human rights – role of IGOs H1, H2, H3, H5, H8

23 7

Human rights — theme and challenge – issues of compliance and non-compliance in relation to human rights – principal focus

H1, H3, H4, H5, H7

Page 18 of 19


Section II Part B — Crime


24 15

Crime — theme – extent to which law reflects moral and ethical standards – criminal trial process – section 2 of Crime, page 18

H1, H2, H3, H5, H6, H8, H9, H10

Section III — Options


25 (a) 25 Consumers — contemporary issue – technology – theme – effectiveness of the legal system

H1, H2, H3, H4, H7, H8, H9, H10

25 (b) 25 Consumers — theme and challenge – compliance H1, H2, H3, H5, H6, H8, H9, H10

26 (a) 25

Global environmental protection — contemporary issue – effectiveness of legal processes in relation to global threats to the environment – theme – effectiveness of legal processes

H1, H2, H3, H4, H7, H8, H9, H10

26 (b) 25 Global environmental protection — theme and challenge

H1, H2, H3, H5, H6, H8, H9 and H10

27 (a) 25 Family — contemporary issue – care and protection of children – theme – effectiveness of the legal system

H1, H2, H3, H4, H7, H8, H9, H10

27 (b) 25 Family — theme and challenge – compliance H1, H2, H3, H5, H6, H8, H9, H10

28 (a) 25 Indigenous peoples — contemporary issue – loss of cultural rights – theme – effectiveness of legal processes

H1, H2, H3, H4, H7, H8, H9, H10

28 (b) 25 Indigenous peoples — theme and challenge – cooperation

H1, H2, H3, H5, H6, H8, H9, H10

29 (a) 25 Shelter — contemporary issue – affordability – theme – effectiveness of the legal system

H1, H2, H3, H4, H7, H8, H9, H10

29 (b) 25 Shelter — theme and challenge – compliance H1, H2, H3, H5, H6, H8, H9, H10

30 (a) 25 Workplace — contemporary issue – safety – theme – effectiveness of the legal system

H1, H2, H3, H4, H7, H8, H9, H10

30 (b) 25 Workplace — theme and challenge – compliance H1, H2, H3, H5, H6, H8, H9, H10

31 (a) 25 World order — contemporary issue – rules regarding the conduct of hostilities – theme – effectiveness of legal measures

H1, H2, H3, H4, H7, H8, H9, H10

31 (b) 25 World order — theme and challenge – cooperation H1, H2, H3, H5, H6, H8, H9, H10

Page 19 of 19

Documents

2020 HSC Legal Studies Marking Guidelines