mrdaly.files.wordpress.com · Web viewPractice Exam 3. Higher School Certificate. Sample Examination Paper. Legal Studies General Instructions. Reading time – 5 minutes. Working

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Practice Exam 3HIGHER SCHOOL CERTIFICATE

Sample Examination Paper

LEGAL STUDIESGeneral Instructions Reading time – 5 minutes Working time – 3 hours Write using blue or black pen Write your student number at the top of

this page

Total marks – 100

Section I25 marksThis section has two parts, Part A and Part B Allow about 45 minutes for this sectionPart A – 15 marks Attempt Questions 1–15Part B – 10 marks Attempt Question 16

Section II25 marks Attempt Question 17 Allow about 45 minutes for this section

Section III50 marks Attempt TWO questions from

Questions 18–25, each from a different Focus Study

Allow about 1 hour and 30 minutes for this section

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Legal Studies Practice Exam 3

Section I – Law and Society25 marksAllow about 45 minutes for this section

Part A – 15 marksAttempt Questions 1–15

Use the multiple-choice answer sheet for Questions 1–15.

1 Trade unions lobby the federal government strongly for a change in the workplace legislation.

Which influence on the law are trade unions exercising?

A CulturalB EconomicC MoralD Political

2 Why do Australia, New Zealand and the USA have common law systems of government?

A On colonisation they continued the law of the indigenous peoples.B On colonisation they continued the law of England.C The United Nations decided that this is the law they must have.D It is the preferred system of government under international law.

3 The right to access the International Court of Justice is an example of which of the following?

A Cultural rightB Domestic rightC International rightD Moral right

4 The Dreaming was an influence on which type of law?

A Civil lawB Common lawC Criminal lawD Customary law

5 Jason has a court hearing before a jury of four people to determine the damages he would be awarded for injury sustained in an accident.

Which of the following statements is correct?

A This is civil case involving tort law.B This is a criminal case involving public law.C This is a civil case involving public law.D This is a criminal case involving tort law.

6 The case R v Yasmin would require what standard of proof?© Pearson Education Australia (a division of Pearson Australia Group) 2

Legal Studies HSC

A Beyond the balance of reasonB On the balance of probabilitiesC Beyond reasonable doubtD There should be no doubt

7 The provision of alternative dispute resolution mechanisms such as the Community Justice Centre improves which of the following?

A AccessB EthicsC Natural lawD Values

8 Japan refuses to recognise Australia’s right to sections of the Southern Ocean.

What power is Japan exercising?

A ExecutiveB JudicialC SovereigntyD Legislative

9 Child labour is an example of which of the following?

A Trade unionismB International Labour OrganisationC SuffrageD Slavery

10 Human rights are protected in Australia through common law cases such as the Toonen case.

How else are human rights protected in Australia?

A A Bill of RightsB The Declaration of IndependenceC Customary lawD Statute law

11 Several large companies give donations to political parties in an attempt to gain favour with the parties.

What type of influence on the law is this?

A CulturalB EconomicC MoralD Political

© Pearson Education Australia (a division of Pearson Australia Group) 3


12 Elders protest about their lack of rights in deciding Aboriginal affairs.

What right are they seeking?

A Collective right to self determinationB Individual right to self determinationC Collective right to freedom of speechD Individual right to freedom of speech

13 A large African country only allows black citizens to vote in the election, denying the rights of its Asian citizens.

What international rights are being denied in this election?

A Economic, social and cultural rightsB Civil and political rightsC Environmental and peace rightsD Collective right to self determination

14 Aboriginal peoples are given the right to hunt and fish in National Parks.

This decision reflects the acknowledgement of which type of right?

A Customary rightB Moral rightC Social rightD Peace right

15 Elderly people push for the right to be able to use euthanasia.

Which influence on the law does this reflect?

A CulturalB EconomicC MoralD Technological


Legal Studies HSC

Section I (continued)

Part B – 10 marksAttempt Question 16

Answer the question in the spaces provided.

MarksQuestion 16 (10 marks)

(a) Distinguish between moral and customary rights. 4

(b) Using examples, explain the difference between rule of law and natural justice. In your answer, demonstrate how each attempts to achieve justice. 6

Space for your answer continues on page 6



End of Section I


Legal Studies HSC

Section II – Focus Study: Crime25 marks

Attempt Question 17Allow about 45 minutes for this section

Answer the question in a writing booklet. Extra writing booklets are available.

Start each part of the question on a new page.

MarksQuestion 17 (25 marks)

(a) Using an example, outline a post sentencing decision. 3

(b) What are the roles of the following court personnel? 4 Prosecutors Defence lawyers Magistrates Judges

(c) Outline when juries are used in the NSW criminal justice system and assess the effectiveness of a jury in a criminal trial. 9

(d) Analyse the factors affecting the sentencing of offenders. Use examplesto support your answer. 9

End of Section II



Section III – Additional Focus Studies50 marks

Attempt TWO questions from Questions 18–25, each from a different Focus StudyAllow about 1 hour and 30 minutes for this section

Answer each question in a SEPARATE writing booklet. Extra writing booklets are available.

In your answer you will be assessed on how well you: demonstrate an understanding of relevant legal information and issues illustrate your answer with examples from one or more of the following: legislation,

documents, treaties, cases, media reports communicate using legal terminology and concepts relevant to domestic or

international law present a sustained, logical and well-structured answer to the question

MarksQuestion 18 – Optional Focus Study 1: Consumers (25 marks)

(a) Analyse how both common and statute law remedy injustice for consumers. 25

OR

(b) ‘Legal institutions are outdated in protecting individuals’. Evaluate this statement in relation to resolving conflict for consumers. 25

Question 19 – Optional Focus Study 2: Family (25 marks)

(a) Evaluate how changes in family law have increased protection for family members. 25

OR

(b) ‘Legal institutions are outdated in protecting individuals’. Evaluate this statement in relation to resolving conflict for family members. 25


Legal Studies HSC

MarksQuestion 20 – Optional Focus Study 3: Global Environment (25 marks)

(a) ‘Sovereignty hinders any progress in international law’.Evaluate this statement in relation to global environmental protection. 25

OR

(b) Assess the effectiveness of nation states in resolving global environmental conflicts. 25

Question 21 – Optional Focus Study 4: Indigenous Peoples (25 marks)

(a) ‘Sovereignty hinders any progress in international law’. Evaluate this statement in relation to protecting the rights of indigenous peoples. 25

OR

(b) Assess the effectiveness of nation states in resolving conflicts involving 25indigenous peoples.

Question 22– Optional Focus Study 5: Shelter (25 marks)

(a) Evaluate how changes in the law have increased protection for tenants and landlords. 25

OR

(b) ‘Legal institutions are outdated in protecting individuals’.Evaluate this statement in relation to resolving conflict for those seeking shelter. 25

Question 23 – Optional Focus Study 6: Technological Change (25 marks)

(a) ‘Sovereignty hinders any progress in international law’. Evaluate this statement in relation to issues associated with technological

change. 25

OR

(b) Assess the effectiveness of nation states in resolving conflicts involving changes in technology. 25



MarksQuestion 24 – Optional Focus Study 7: Workplace (25 marks)

(a) Evaluate how changes in workplace law have increased protection for employers and employees. 25

OR

(b) ‘Legal institutions are outdated in protecting individuals’.Evaluate this statement in relation to resolving conflict in the workplace. 25

Question 25 – Optional Focus Study 8: World Order (25 marks)

(a) ‘Sovereignty hinders any progress in international law’.Evaluate this statement in relation to issues with respect to world order. 25

OR

(b) Assess the effectiveness of nation states in resolving conflict with respect to world order. 25

End of paper


Legal Studies HSC

Section I – Multiple choice

Answer sheet

A B C D

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15



This page has been intentionally left blank


Legal Studies HSC

Mapping grid

Question Marks Content Outcome Band1 1 Law and Society H2.2 4–52 1 Law and Society H2.1 3–43 1 Law and Society H1.2 4–54 1 Law and Society H3.1 4–55 1 Law and Society H2.1 5–66 1 Law and Society H2.1 4–57 1 Law and Society H3.1 5–68 1 Law and Society H3.1 4–59 1 Law and Society H3.1 4–510 1 Law and Society H2.2 5–611 1 Law and Society H2.3 3–412 1 Law and Society H2.3 4–513 1 Law and Society H1.2 4–514 1 Law and Society H2.2 3–415 1 Law and Society H2.2 3–4

16(a) 4 Human Rights H3.1 2–616(b) 6 Law and Justice H2.1 2–6

17(a) 3 Crime: post sentencing decision H1.1, H5.3 2–6

17(b) 4 Crime: court personnel H1.1, H5.3 2–617(c) 9 Crime: juries H1.1, H3.1, H5.3 2–617(d) 9 Crime: sentencing H1.1, H3.1, H3.4, H5.3 2–6

18 25 Consumers H2.3, H3.3, H3.4, H4.2, H5.3 2–6

19 25 Family H2.3, H3.3, H3.4, H4.2, H5.3 2–6

20 25 Global Environment H2.3, H3.3, H3.4, H4.2, H5.3 2–6

21 25 Indigenous Peoples H2.3, H3.3, H3.4, H4.2, H5.3 2–6

22 25 Shelter H2.3, H3.3, H3.4, H4.2, H5.3 2–6

23 25 Technological Change H2.3, H3.3, H3.4, H4.2, H5.3 2–6

24 25 Workplace H2.3, H3.3, H3.4, H4.2, H5.3 2–6

25 25 World Order H2.3, H3.3, H3.4, H4.2, H5.3 2–6



Marking guidelines

Section I – Part A

1 D 2 B 3 B 4 D 5 A 6 C 7 A 8 C 9 D10 D11 C12 A13 B14 A15 C

Section I – Part B

Question 16(a)

Criteria Marks

Clearly distinguishes between moral and customary rights 3–4

Makes general statements about moral and customary rights 1–2

Question 16(b)

Criteria Marks

Clearly explains the difference between rule of law and natural justice Uses example/s to demonstrate how each attempts to achieve justice

5–6

Attempts to explain the difference between rule of law and natural justice May uses example/s to demonstrate how each attempts to achieve justice

3–4

Makes a general statement about the law 1–2


Legal Studies HSC

Section II

Question 17(a)

Criteria Marks

Correctly outlines a post sentencing decision Uses a relevant example

2–3

Makes an attempt to outline a post sentencing decision OR

Uses a relevant example1

Question 17(b)

Criteria Marks

Briefly states correctly FOUR roles of the four court personnel 4

Briefly states correctly THREE roles of the four court personnel 3

Briefly states correctly TWO roles of the four court personnel 2

Briefly states correctly ONE role of the four court personnel 1

Question 17(c)

Criteria Marks

Correctly identifies when juries are used in the NSW criminal justice system Clearly assesses the effectiveness of a jury in a criminal trial Demonstrates a sustained and well-structured answer using relevant legal

information and examples

7–9

Identifies when juries are used in the NSW criminal justice system Attempts to assess the effectiveness of a jury in a criminal trial Demonstrates a well-structured answer using some relevant legal


4–6

Makes a general statement about juries 1–3



Question 17(d)

Criteria Marks Clearly and comprehensively analyses the factors affecting the sentencing

of offenders Uses relevant examples to support answer Demonstrates a sustained and well-structured answer using relevant legal


7–9

Attempts to make a judgment about the factors affecting the sentencing of offenders

Attempts to use examples to support answer Demonstrates a well-structured answer using some relevant legal


4–6

Makes a general statement about sentencing May use examples

1–3

Section IIIQuestion 18(a)

Criteria Marks Clearly analyses how both common and statute law remedy injustice for

consumers Demonstrates a sound understanding and judgment of both common and

statute law in remedying injustice Makes consistent use of relevant treaties and/or cases and/or legislation

and/or documents and/or media reports Uses and applies relevant legal terminology and communicates in a

sustained, logical and well-structured text

21–25

Analyses how common and statute law remedy injustice for consumers Demonstrates a good understanding of how both common and statute law

remedy injustice for consumers Cites some relevant treaties and/or cases and/or legislation and/or

documents and/or media reports Uses and applies appropriate legal terminology

16–20

Attempts to explain how common and statute law remedy injustice for consumers

Makes use of treaties and/or legislation and/or cases and/or documents and/or media reports

Uses legal terminology

11–15

Identifies some examples of the legal system in the area Lists some legal issues to do with the topic Provides brief examples of treaties and/or legislation and/or cases and/or

documents and/or media reports Some use of legal terminology

6–10

A general description of the area 1–5


Legal Studies HSC

Question 18(b)

Criteria Marks

Clearly evaluates the statement in relation to resolving conflict Demonstrates a sound understanding and judgment of legal institutions Makes consistent use of relevant treaties and/or cases and/or legislation



21–25

Evaluates the statement in relation to resolving conflict Demonstrates a good understanding and judgment of legal institutions Cites some relevant treaties and/or cases and/or legislation and/or


16–20

Attempts to evaluate the statement in relation to resolving conflict Demonstrates some understanding and/or judgment of legal institutions Makes use of treaties, legislation, cases, documents and/or media reports Uses legal terminology

11–15

Identifies some examples of the legal issues Lists some legal system issues to do with the topic Provides brief examples of legislation and/or cases and/or documents

and/or media reports Some use of legal terminology

6–10


Question 19(a)

Criteria Marks

Clearly evaluates how changes in law have increased protection Demonstrates a sound understanding and judgment of changes in law Makes consistent use of relevant treaties and/or cases and/or legislation



21–25

Evaluates how changes in law have increased protection Demonstrates a good understanding and judgment of changes in law Cites some relevant treaties and/or cases and/or legislation and/or


16–20



Criteria Marks

Attempts to explain how changes in law have increased protection Attempts to explain changes in law Makes use of treaties and/or legislation, and/or cases, and/or documents

and/or media reports Uses legal terminology

11–15



6–10


Question 19(b)

Criteria Marks




21–25

Evaluates the statement in relation to resolving conflict Demonstrates a good understanding and judgment of legal institutions Cites some relevant treaties and/or cases and/or legislation and/or


16–20


11–15



6–10



Legal Studies HSC

Question 20(a)

Criteria Marks

Clearly evaluates the statement Demonstrates a sound understanding and judgment concerning

international law and global environmental protection Makes consistent use of relevant treaties and/or cases and/or legislation



21–25

Evaluates the statement Demonstrates a good understanding and judgment concerning international

law and global environmental protection Cites some relevant treaties and/or cases and/or legislation and/or


16–20

Attempts to evaluate the statement Attempts to explain international law and global environmental protection Makes use of treaties and/or legislation, and/or cases, and/or documents,


11–15



6–10


Question 20(b)

Criteria Marks

Clearly demonstrates a sound understanding and judgment of the effectiveness of nation states in resolving global environmental issues

Makes consistent use of relevant treaties and/or cases and/or legislation and/or documents and/or media reports

Uses and applies relevant legal terminology and communicates in a sustained, logical and well-structured text

21–25

Demonstrates a good understanding and judgment of the effectiveness of nation states in resolving global environmental issues

Cites some relevant treaties and/or cases and/or legislation and/or documents and/or media reports

Uses and applies appropriate legal terminology

16–20

Criteria Marks



Demonstrates some understanding of the legal issues associated with the effectiveness of nation states in resolving global environmental issues

Makes use of treaties, legislation, cases, documents and/or media reports Uses legal terminology

11–15

Identifies some examples of the legal issues associated with the global environment

Lists some legal system issues to do with the topic Provides brief examples of legislation and/or cases and/or documents


6–10


Question 21(a)

Criteria Marks


international law and the rights of indigenous peoples Makes consistent use of relevant treaties and/or cases and/or legislation



21–25


law and the rights of indigenous peoples Cites some relevant treaties and/or cases and/or legislation and/or


16–20

Attempts to evaluate the statement Attempts to explain international law and the rights of indigenous peoples Makes use of treaties and/or legislation, and/or cases, and/or documents


11–15



6–10



Legal Studies HSC

Question 21(b)

Criteria Marks

Clearly demonstrates a sound understanding and judgment of the effectiveness of nation states in resolving conflicts involving indigenous peoples



21–25

Demonstrates a good understanding and judgment of the effectiveness of nation states in resolving conflicts involving indigenous peoples



16–20

Demonstrates some understanding of the legal issues associated with the effectiveness of nation states in resolving conflicts involving indigenous peoples


11–15

Identifies some examples of the legal issues associated with indigenous peoples



6–10


Question 22(a)

Criteria Marks




21–25

Evaluates how changes in law have increased protection Demonstrates a good understanding and judgment of changes in law Cites some relevant treaties and/or cases and/or legislation and/or


16–20



Criteria Marks

Attempts to explain how changes in law have increased protection Attempts to explain changes in law Makes use of treaties and/or legislation, and/or cases, and/or documents,


11–15



6–10


Question 22(b)

Criteria Marks




21–25

Evaluates the statement in relation to resolving conflict Demonstrates a good understanding and judgment of legal institutions Cites some relevant treaties and/or cases and/or legislation and/or,


16–20


11–15



6–10



Legal Studies HSC

Question 23(a)

Criteria Marks


international law and issues associated with technological change Makes consistent use of relevant treaties and/or cases and/or legislation



21–25


law and issues associated with technological change Cites some relevant treaties and/or cases and/or legislation and/or


16–20

Attempts to evaluate the statement Attempts to explain international law and issues associated with

technological change Makes use of treaties and/or legislation, and/or cases, and/or documents,


11–15



6–10


Question 23(b)

Criteria Marks

Clearly demonstrates a sound understanding and judgment of the effectiveness of nation states in resolving conflicts involving changes in technology



21–25

Demonstrates a good understanding and judgment of the effectiveness of nation states in resolving conflicts involving changes in technology



16–20



Criteria Marks

Demonstrates some understanding of the legal issues associated with the effectiveness of nation states in resolving conflicts involving changes in technology


11–15

Identifies some examples of the legal issues associated with changes in technology



6–10


Question 24(a)

Criteria Marks




21–25

Evaluates how changes in law have increased protection Demonstrates a good understanding and judgment of changes in law Cites some relevant treaties and/or cases and/or legislation and/or,


16–20

Attempts to explain how changes in law have increased protection Attempts to explain changes in law Makes use of treaties and/or legislation, and/or cases, and/or documents,


11–15



6–10



Legal Studies HSC

Question 24(b)

Criteria Marks




21–25

Evaluates the statement in relation to resolving conflict Demonstrates a good understanding and judgment of legal institutions Cites some relevant treaties and/or cases and/or legislation and/or,


16–20


11–15



6–10


Question 25(a)

Criteria Marks


international law and world order issues Makes consistent use of relevant treaties and/or cases and/or legislation



21–25


law and world order issues Cites some relevant treaties and/or cases and/or legislation and/or


16–20

Criteria Marks

Attempts to evaluate the statement 11–15



Attempts to explain international law and world order issues Makes use of treaties and/or legislation, and/or cases, and/or documents,




6–10


Question 25(b)

Criteria Marks

Clearly demonstrates a sound understanding and judgment of the effectiveness of nation states in resolving conflict with respect to world order

Makes consistent use of relevant treaties and/or cases and/or legislation and/or, documents and/or media reports


21–25

Demonstrates a good understanding and judgment of the effectiveness of nation states in resolving conflict with respect to world order

Cites some relevant treaties and/or cases and/or legislation and/or, documents and/or media reports


16–20

Demonstrates some understanding of the legal issues associated with the effectiveness of nation states in resolving conflict with respect to world order


11–15

Identifies some examples of the legal issues associated with world order Lists some legal system issues to do with the topic Provides brief examples of legislation and/or cases and/or documents


6–10



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mrdaly.files.wordpress.com · Web viewPractice Exam 3. Higher School Certificate. Sample Examination Paper. Legal Studies General Instructions. Reading time – 5 minutes. Working