STAGE 2 LEGAL STUDIES ASSESSMENT TYPE 1: FOLIO STUDENT RESPONSE (B- STANDARD) Page 1 of 37
Performance Standards for Stage 2 Legal Studies Knowledge and Understanding Inquiry Analysis and Evaluation Communication A Comprehensive knowledge and perceptive understanding of relevant influences on the Australian legal system. Comprehensive knowledge and astute understanding of legal principles, processes, and structures. Perceptive recognition and understanding of ways in which the Australian legal system responds to diverse groups in the community. Astute and critical location, selection, documentation, and application of relevant sources. Incisive critique of legal processes and structures, with well-informed and wellconsidered recommendations for change. Comprehensive analysis of the Australian legal, constitutional, and justice systems. Perceptive analysis of principles, processes, and structures in legal systems. Perceptive evaluation of legal issues or concepts through discussion and illustration of opposing arguments to reach an informed conclusion. Consistently accurate and coherent communication of highly informed observations and opinions on contemporary legal issues and debates, using different forms. Appropriate and astute use of legal terminology, indicating indepth understanding. Consistent and appropriate acknowledgment of a diverse range of sources. B Detailed knowledge and well-considered understanding of relevant influences on the Australian legal system. Detailed knowledge and well-considered understanding of legal principles, processes, and structures. Thoughtful recognition and understanding of ways in which the Australian legal system responds to diverse groups in the community. Considered and critical location, selection, documentation, and application of relevant sources. Convincing critique of legal processes and structures, with informed and considered recommendations for change. Detailed analysis of the Australian legal, constitutional, and justice systems. Well-considered analysis of principles, processes, and structures in legal systems. Thoughtful evaluation of legal issues or concepts through discussion and illustration of opposing arguments to reach an informed conclusion. Mostly accurate and coherent communication of well-informed observations and opinions on contemporary legal issues and debates, using different forms. Appropriate and well-considered use of legal terminology, indicating some depth in understanding. Mostly consistent and appropriate acknowledgment of a range of sources. C Appropriate knowledge and considered understanding of relevant influences on the Australian legal system. Appropriate knowledge and considered understanding of legal principles, processes, and structures. Considered recognition and understanding of ways in which the Australian legal system responds to diverse groups in the community. Considered location, selection, documentation, and application of relevant sources. Competent critique of legal processes and structures, with some informed and considered recommendations for change. Informed analysis of the Australian legal, constitutional, and justice systems. Considered analysis of principles, processes, and structures in legal systems. Considered evaluation of legal issues or concepts through discussion and illustration of opposing arguments to reach a conclusion. Generally accurate and coherent communication of informed observations and opinions on contemporary legal issues and debates, using different forms. Appropriate and considered use of legal terminology, indicating competent understanding. Mostly appropriate acknowledgment of sources. D Some recognition and awareness of one or more influences on the Australian legal system. Some awareness of legal principles, processes, or structures. Some recognition of ways in which the Australian legal system responds to diverse groups in the community. Some thought given to the location, selection, documentation, and/or application of sources. Basic consideration of some legal processes and structures, with simple recommendations for change. Some consideration of analysis of the Australian legal, constitutional, and justice systems. Superficial consideration of principles, processes, and structures in legal systems. Some consideration of legal issues or concepts through discussion and description of some arguments. Some accuracy in communication of basic observations or opinions on contemporary legal issues or debates, in one or more forms. Some use of legal terminology, indicating awareness of the need for appropriate use. Some inconsistent acknowledgment of sources. E Limited awareness of influences on the Australian legal system. Limited awareness of any legal principles, processes, or structures. Emerging awareness of one or more ways in which the Australian legal system responds to diverse groups in the community. Attempted location, selection, documentation, or application of sources that may be relevant. Limited awareness of legal processes or structures. Brief description of an aspect of analysis of the Australian legal, constitutional, and justice systems. Brief description of one or more principles, structures, or processes in legal systems. Limited consideration of a legal issue or concept through observation of a discussion. Limited accuracy in communication through a selected form, with few observations or opinions on contemporary legal issues. Restricted use of legal terminology, indicating limited awareness of the need for appropriate use. Limited acknowledgment of sources. Page 2 of 37
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Additional Comments Assessment Type 1: Folio (B-) OVERALL COMMENT: This response demonstrated good skills in tasks where time was allowed for research and close consideration of concepts and issues but in tasks completed under time constraints (tests) a lack of close reading in topics that may perhaps have been of less interest to this individual, is evident. This response is quite consistent in most topics demonstrating detailed knowledge and well-considered understanding of principles, processes and structures with generally well-informed and well-considered evaluation skills. Communication is generally appropriate and well considered. COMMENTARY ON EACH TASK: TASK 1 This task is designed to allow students to show their knowledge of legal principles processes and structures but also requires students to analyse and evaluate. The level to which a student can discuss the effectiveness of the functions of parliament and give relevant examples to illustrate their point of view can vary considerably and therefore the task allows students the opportunity to achieve at the highest level if they are prepared to research, evaluate and select relevant examples. This response has demonstrates a detailed and well-considered understanding of each of the functions of parliament ensuring that each function is explained clearly. In addition the effectiveness of each function is considered quite closely and some relevant and current examples are used but not always. The contention that parliament does fulfil its functions effectively is clearly expressed using appropriate legal terminology. The choice and explanation of the examples is well considered and the range of sources used is good and is mostly consistently and appropriately acknowledged. TASK 2 This task on the topic of Constitutional Government involved a range of questions designed not only to allow students to demonstrate their level of knowledge and understanding but to evaluate global influences and the principles, processes and structures of the Australian legal system. Test conditions were strictly applied. This response does not cope well with all the requirements of this task. Answers reflect appropriate knowledge and understanding of principles, processes and structures; and considered understanding of ways in which the legal system responds to diverse groups but provided only some recognition and awareness of relevant influences. While the evaluation of global influences is informed, the consideration of the principles, processes and structures is superficial. The use of legal terminology is appropriate in places but inconsistent and overall indicates an awareness of the need for appropriate use. TASK 3 This task allows students to spend more time to research and analyse and discuss and debate with others before committing to writing. It allowed students who do not enjoy the pressure of time constraints and test conditions to excel. The ability to evaluate arguments and understand and present different points of view allows students to explore an area of interest and to develop skills of Inquiry. Students were able to choose from a range of relevant topics and to select a diverse range of sources. The word limit, 600 words, meant that Communication skills were under close scrutiny. This response provides answers reflecting a detailed knowledge and considered understanding of influences as well as principles, processes and structures. In terms of Inquiry, the location, selection, documentation and application of relevant sources is considered with competent rather than convincing critiquing of structures and processes. The communication of observations and opinions on legal issues is mostly accurate, coherent and well informed. TASK 4 This task involved students in responding to short response questions which not only required the demonstration of knowledge and understanding of principles and processes but the ability to evaluate. The questions were unseen but the time constraints were not as strict. This response provides answers which are detailed and well-considered in relation to knowledge and understanding of influences, principles and processes; and thoughtful in terms of understanding the response of the legal system to diverse groups. Evaluation is generally well informed and well considered and Communication is mostly accurate and coherent with well-considered use of terminology indicating some depth in understanding. Page 35 of 37
TASK 5 This task involved a range of skills such as cartoon analysis, evaluation and communication. While students had the opportunity to discuss and evaluate cartoons throughout the year as a group, these questions were unseen and time constraints were applied. This response provides responses which indicate in some areas a comprehensive and astute understanding and in others a detailed and well considered understanding of principles, processes and structures. The evaluation is well-considered and the use of legal terminology is astute indicating in a large majority of the questions, an in-depth understanding. TASK 6 Students were given the opportunity to choose between an oral presentation and a written account and the aim of this task was to allow students to develop skills of Inquiry and Evaluation. This written presentation provides a detailed and well-considered discussion of the Adversary and Inquisitorial system. The evaluation is well-informed and well-considered and the communication of observations and opinions on the legal issues is mostly accurate, coherent and well-informed. The acknowledgement of a range of sources is mostly consistent and appropriate. Page 36 of 37
Performance Standards for Stage 2 Legal Studies Knowledge and Understanding Inquiry Analysis and Evaluation Communication A Comprehensive knowledge and perceptive understanding of relevant influences on the Australian legal system. Comprehensive knowledge and astute understanding of legal principles, processes, and structures. Perceptive recognition and understanding of ways in which the Australian legal system responds to diverse groups in the community. Astute and critical location, selection, documentation, and application of relevant sources. Incisive critique of legal processes and structures, with well-informed and wellconsidered recommendations for change. Comprehensive analysis of the Australian legal, constitutional, and justice systems. Perceptive analysis of principles, processes, and structures in legal systems. Perceptive evaluation of legal issues or concepts through discussion and illustration of opposing arguments to reach an informed conclusion. Consistently accurate and coherent communication of highly informed observations and opinions on contemporary legal issues and debates, using different forms. Appropriate and astute use of legal terminology, indicating indepth understanding. Consistent and appropriate acknowledgment of a diverse range of sources. B Detailed knowledge and wellconsidered understanding of relevant influences on the Australian legal system. Detailed knowledge and wellconsidered understanding of legal principles, processes, and structures. Thoughtful recognition and understanding of ways in which the Australian legal system responds to diverse groups in the community. Considered and critical location, selection, documentation, and application of relevant sources. Convincing critique of legal processes and structures, with informed and considered recommendations for change. Detailed analysis of the Australian legal, constitutional, and justice systems. Well-considered analysis of principles, processes, and structures in legal systems. Thoughtful evaluation of legal issues or concepts through discussion and illustration of opposing arguments to reach an informed conclusion. Mostly accurate and coherent communication of well-informed observations and opinions on contemporary legal issues and debates, using different forms. Appropriate and well-considered use of legal terminology, indicating some depth in understanding. Mostly consistent and appropriate acknowledgment of a range of sources. C Appropriate knowledge and considered understanding of relevant influences on the Australian legal system. Appropriate knowledge and considered understanding of legal principles, processes, and structures. Considered recognition and understanding of ways in which the Australian legal system responds to diverse groups in the community. Considered location, selection, documentation, and application of relevant sources. Competent critique of legal processes and structures, with some informed and considered recommendations for change. Informed analysis of the Australian legal, constitutional, and justice systems. Considered analysis of principles, processes, and structures in legal systems. Considered evaluation of legal issues or concepts through discussion and illustration of opposing arguments to reach a conclusion. Generally accurate and coherent communication of informed observations and opinions on contemporary legal issues and debates, using different forms. Appropriate and considered use of legal terminology, indicating competent understanding. Mostly appropriate acknowledgment of sources. D Some recognition and awareness of one or more influences on the Australian legal system. Some awareness of legal principles, processes, or structures. Some recognition of ways in which the Australian legal system responds to diverse groups in the community. Some thought given to the location, selection, documentation, and/or application of sources. Basic consideration of some legal processes and structures, with simple recommendations for change. Some consideration of analysis of the Australian legal, constitutional, and justice systems. Superficial consideration of principles, processes, and structures in legal systems. Some consideration of legal issues or concepts through discussion and description of some arguments. Some accuracy in communication of basic observations or opinions on contemporary legal issues or debates, in one or more forms. Some use of legal terminology, indicating awareness of the need for appropriate use. Some inconsistent acknowledgment of sources. E Limited awareness of influences on the Australian legal system. Limited awareness of any legal principles, processes, or structures. Emerging awareness of one or more ways in which the Australian legal system responds to diverse groups in the community. Attempted location, selection, documentation, or application of sources that may be relevant. Limited awareness of legal processes or structures. Brief description of an aspect of analysis of the Australian legal, constitutional, and justice systems. Brief description of one or more principles, structures, or processes in legal systems. Limited consideration of a legal issue or concept through observation of a discussion. Limited accuracy in communication through a selected form, with few observations or opinions on contemporary legal issues. Restricted use of legal terminology, indicating limited awareness of the need for appropriate use. Limited acknowledgment of sources. Page 37 of 37