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Advice to Teachers -
Legal Studies

Unit 4 Sample approaches to developing an assessment task

Outcome 1

Step 1: Define the parameters of an outcome and its related assessment options

The VCE Legal Studies Study Design​, pages 21 and 22, provides details of the key knowledge and key skills related to Unit 4 Outcome 1 and the Area of Study: The people and the Australian Constitution. Teachers should be familiar with the key knowledge and key skills in order to plan an assessment task. It should be noted that each key knowledge and key skill does not need to be identifiable in the task, nor should the task focus on too narrow a range of key knowledge and key skills.

The study design identifies a range of task types which could be used. Teachers should be familiar with the essential characteristics of each task type and the implications of using each in terms of task design and the conduct of assessment.

Step 2: Refer to the assessment advice

The performance descriptors give a clear indication of the qualities and characteristics that should be apparent in a student response at each level of achievement.

For example, a high level response for this outcome would evaluate the ways in which the Australian Constitution acts as a check on parliament in law-making, based on a detailed understanding of certain aspects of the Australian Constitution and the impact of High Court interpretation in various cases.

Teachers may select from a range of specified assessment tasks.

Step 3: Determining teaching and learning activities

Teachers may select from a range of specified assessment tasks. The approach demonstrated here is the essay task.

The teacher should plan a sequence of teaching and learning activities that will develop key knowledge and key skills specified in Unit 4, Area of Study 1. For example, in this assessment task students may be required to provide extended responses to questions about the significance of High Court cases involving the interpretation of the Australian Constitution, and the extent to which the Australian Constitution is able to act as a check on parliament in law-making. Teachers may consider using a range of tasks as part of the teaching and learning activities to prepare students for the assessment. Written tasks should be included in the preparation activities to enable students to develop appropriate key skills for legal studies.

For this task, the teacher should focus on class activities that enable students to:

  • compare the constitutional law-making powers of the state and Commonwealth parliaments, using examples
  • discuss the significance of section 109 of the Australian Constitution
  • analyse the ability of the Australian people to protect or change the Australian Constitution
  • discuss the significance of High Court cases involving the interpretation of the Australian Constitution
  • discuss the impact of international declarations and treaties on the interpretation of the external affairs power
  • evaluate the ways in which the Australian Constitution acts as a check on parliament in law-making
  • synthesise and apply legal principles and information to actual scenarios.

Step 4: Design the assessment task

This school assessed coursework task is worth 40 marks of the 100 marks available for Unit 3. It should be conducted at the end of Area of Study 1, so that students have engaged with and learnt the required knowledge and skills. Teachers determine the amount of time required to complete an assessment task and the conditions under which the task will be completed.

The exact dates, times and conditions may be decided in consultation with students, VCE coordinators and other key staff.

Setting an essay topic as an assessment task:

An essay is an extended analytical, descriptive or interpretive written task dealing with a particular topic. Topics set for essays should be ‘open’ and allow for a variety of responses that reflect the student’s analytical thinking. Essays require extended answers in which students present an argument. Generally, essays require students to draw a conclusion that reflects their understanding of the topic and draws together the main points discussed in the body of the essay.

In setting an essay topic the teacher should ensure that the question provides sufficient scope to incorporate several aspects of the key knowledge and key skills.

For example, the following sample topics would allow students to demonstrate part of the outcome.

  • 'Changing the way law-making powers are divided between the state and Commonwealth parliaments is both easy and necessary’. Discuss.
  • ‘The Australian Constitution has served the interests of the people well, as a most effective check on parliament in law-making’. Evaluate this statement.