Legal Studies 2013: Extended response to stimulus ...



Legal Studies 2013Sample assessment instrumentExtended response: Extended response to stimulus — Criminal lawThis sample has been compiled by the QCAA to help teachers plan and develop assessment instruments for individual school settings. It demonstrates the following dimensions:Knowing and understanding the lawResponding to the lawAssessment instrumentComment:For students to demonstrate the full range of standards these scenarios would not duplicate those scenarios used in teaching and learning sequence. This instrument provides students with opportunities to demonstrate the following.Knowing and understanding the lawdefine and describe facts using legal terminologyexplain legal concepts and processes. communicate meaning using language conventions to suit purpose and audienceResponding to the lawevaluate the law and stakeholder responsesmake decisions and recommendations about legal outcomes and their implicationsjustify decisions and recommendations using evidence and legal reasoning.ContextYou have been investigating the extent to which the criminal justice system successfully balances the rights of individuals with society’s need for order. You have been provided with five (5) topical Australian criminal law scenarios.TaskYou are to choose one scenario. You are to adopt the persona of one of the following:the public prosecutor representing societythe barrister for the accused.The jury has returned a verdict of ‘guilty’.You are to provide the closing argument prior to his/her sentencing before the trial judge. Your spoken presentation should include:a summation of the relevant facts of the casethe factors that need/should be taken into consideration prior to the sentencing of the accusedcounter arguments that may be presented by your opposing partya demonstration that your claims are legally valid and justified in the eyes of the law and will result in just and equitable outcomes.Your spoken presentation will:define and describe the facts of the case using legal terminologyexplain the legal concepts and processes related to the scenarioevaluate the relevant law(s) and the stakeholder responsesmake decisions and recommendations about legal outcomes and their implicationsjustify decisions and recommendations using evidence and legal reasoning.Your spoken presentation to the judge should be for 3–4 minutes.SubmissionA copy of your script must be submitted by the due date.A copy of your reference list must be submitted by the due date.ConditionsAdditional conditions should be stated clearly on assessment instruments and may include:whether supervised or unsupervisedstating time allowedusing sources or technologies.Authentication of student workIt is essential that judgments of student achievement be made on genuine student assessment responses. Teachers should ensure that students’ work is their own, particularly where students have access to electronic resources or when they are preparing collaborative tasks.The QCAA’s A–Z of Senior Moderation contains a strategy for authenticating student work and is available from . This handbook provides information about various methods teachers can use to monitor that students’ work is their own. Particular methods outlined include:teachers seeing plans and drafts of student workstudent production and maintenance of evidence for the development of responsesstudent acknowledgment of resources used.Teachers must ensure students use consistent accepted conventions of in-text citation and referencing, where appropriate.Further advice on drafting of student assessment responses is available on the Legal Studies subject page of the QCAA website methods chosen for authentication of student work should be explicit on the assessment instrument.Supporting evidenceSupporting evidence is required to substantiate decisions made on spoken responses. Evidence to support spoken responses may include:research/data analysesnotes or annotationssummary of findingsjournal entries or log bookseminar brief or conference papera recording of the response (as appropriate).Instrument-specific standards matrixStandard AStandard BStandard CStandard DStandard EKnowing and understanding the lawThe student work has the following characteristics: appropriate definition and comprehensive description of facts showing discriminating use of legal terminologyappropriate definition and detailed description of facts using relevant legal terminologydefinition and description of facts using legal terminologypartial definition or simple description of some facts using legal terminologystatement of facts using some legal terminologythorough and effective explanation of a comprehensive range of legal concepts and processesdetailed explanation of a range of legal concepts and processes explanation of legal concepts and processes simple explanation of some legal concepts and processesstatement of aspects of legal concepts and processescoherent and effective communication of meaning using wellchosen language conventions suited to a closing argument at a sentencing hearingclear communication of meaning using appropriate language conventions suited to a closing argument up at a sentencing hearingcommunication of meaning using language conventions suited to a closing argument at a sentencing hearingcommunication using language conventions suited to aspects of a closing argument at a sentencing hearingcommunication using inconsistent language conventionsStandard AStandard BStandard CStandard DStandard EResponding to the lawThe student work has the following characteristics:discerning evaluation of the law and stakeholder responseseffective evaluation of the law and stakeholder responsesevaluation of the law and stakeholder responsessimple evaluation of the aspects of the law and/or stakeholder responsesdescription of aspects of the law and/or stakeholder responsesdiscerning decisions and insightful recommendations made about the suitability of legal outcomes and their implicationsrelevant decisions and logical recommendations made about the suitability of legal outcomes and their implicationsdecisions and recommendations made about the suitability of legal outcomes and their implicationssimple decisions and/or recommendations made about the suitability of legal outcomes and/or their implicationsstatement of decisions and/or opinionsconvincing and reasoned justification of decisions and recommendations using evidence and legal reasoningvalid and logical justification of decisions and recommendations using evidence and legal reasoningjustification of decisions and recommendations using evidence and legal reasoningsimple justification of decisions and/or recommendationsjustification inconsistent with decisions and/or recommendationsThis standards matrix has been made instrument-specific by specifying the context and genres and deleting any objectives not being assessed in this task. AcknowledgmentsThe QCAA acknowledges the contribution of Emmaus College, Rockhampton in the preparation of this document. ................
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