Learning Law

1. Learning Law Orientation: August 16, 2006

2. 5. Professional expertise 4. Prescriptive vs. Exploratory 3. Limited context vs. Unlimited context 2. Hearing vs. Understanding 1. Recognition vs. Recall

3. Metacognition: James Flavell • The process of ‘thinking about thinking’ • Metacognitive knowledge • Person variables • Awareness of one’s own ways of thinking • Understanding that others may think differently • Task variables • Self-questioning about ways information influences and constrains your own responses • Strategy variables • Approaches for meeting goals • Cognitive – direct purpose for accomplishing an outcome • Metacognitive – a strategy to determine which cognitive strategy is most appropriate for meeting a goal

4. Cognitive Theory: Piaget • Functions (Same for everyone) • Adaptation • Assimilation • Accommodation • Organization Schemata [Knowledge cluster]

5. College of Law: Assimilation Requires Attention • General estimates from research on attention indicate that people remember from 1/3-1/5 of lecture material. • To increase attention: • Make it personal. • Attend to main points. • Look for analogies. • Relate concepts to practical uses. • Review and tie to previous material. • Write down examples.

6. Remembering & Forgetting:

7. Remembering & Forgetting: Causes of Forgetting: Interference •Other thoughts •Emotions •Distractions Lack of focus •Did not input •Not meaningful Storage •No organization •No link to future context (chk file) Ways of Remembering: Decrease interference Rested Stay connected Set times: study & play Increase focus Take notes & review Create meaning link Storage Organize by use Talk about concepts and apply to people or creative stories.

8. Repetition Increases Learning (Assimilation) • It takes about 7-10 repetitions to learn new material • Short frequent repetitions input information • Applying in active ways increases ability to remember • The more senses involved in learning, the stronger the memory. • Explaining or saying to someone else is a form of output that increases memory and understanding • We have a special ability to remember stories – cases, hypotheticals, particularly hypotheticals with unusual facts stick in memory.

9. Attention & Adaptation: Perceived Importance* *Concept developed by William Purkey

10. Attention & Adaptation: Perceived Importance

11. Attention & Adaptation: Perceived Importance

12. Attention & Adaptation: Perceived Importance

13. Accommodation: Metacognitive Tasks & Strategies • Accommodation requires distinguishing concepts • Look for the relationship of cases to each other. • Make visual representations of the relationships of concepts or cases to each other to help identify differences. • Use examples or analogies to highlight and test differences.

14. Study Steps:Assimilation & Accommodation 7-10 repetitions = long term memory • Review last class before reading for next class --[Let your professor guide your learning.] • Read for class • Review last notes before next class • Go to Class • Review notes after class • Review week’s notes at the end of week • Use a study group for clarification & applications • Write a homework problem each week

15. Study Goals: Content • Develop expertise in legal content through learning: • To read like a lawyer • Looking for general and specific rules • Discerning critical facts that shift analysis • Understanding reasoning of court • Examining how sets of cases are like and different in reasoning and outcomes • The language of law • Purposeful • Specific

16. Study Goals: Process • Developing legal analysis skills • Focus on questions your professors ask • Practice analysis by asking these or similar questions of yourself as you prepare for classes • Be active in your learning: • Talk about what you are studying • With each other • With friends and relatives • Apply what you are learning to news stories and events in your life • Make up stories that illustrate legal rules – change facts to test limits of rules.

17. Vary Study Activities • Read actively • Ask questions while reading • What does this add to the concept? • Compare: What is this like? • Contrast: How is this different? • Are professor’s questions asked in last class also applicable to new material? • Diagram or chart to aid understanding • Try color coding • Write a short summary of content in addition to case briefs - good use of time?

18. Organizing: One Important Learning Skill • Ordering notes • Organizing at the end of each week • Organizing at the end of each chapter or unit • Organizing before exams • Organizing in exams

19. Reasons to Organize • To learn course content • Organizing forces a focus on content that increases recall of material • Grouping cases helps • Deepen understanding of concepts • Build associational connections to increase memory • To highlight analysis process • Drawing attention to legal rules • Providing context for legal arguments for analysis and application to new fact patterns • To prepare for exams • Emphasizing thoroughness of analysis in exams • Increasing speed when writing exams

20. Choosing a Format • Start with what has worked for you in past courses. • Experiment with other methods to see if they facilitate analysis and application. • ‘To Outline’ is code for ‘To Organize’ • Outlines are one way to organize, but not useful for everyone. • Flow charts emphasize analysis • Decision trees use questions to aid analysis • Diagrams can reveal relationships among and within concepts • Summary and synthesis statements put the big picture into words • Use a structure that simplifies understanding, emphasizes analysis, and aids memory and application.

21. Preliminary Questions • Is it more efficient to use an outline created by someone who knows more than I? • NO! Making it is a huge part of the value • Do use table of contents, syllabus, or similar materials to provide an initial framework or to stimulate ideas • What about sharing outlines? • IT DEPENDS ON YOUR METHOD & PURPOSE

22. Recommended Strategies: • Go to all classes • Make some kind of notes or other record in or about classes • Review notes frequently • Read supplemental materials only as needed • Use flash cards for memory tasks • Study alone, but apply through planning and writing problems with a study partner or group • Designate time frame

23. Group Programs & Individual Appointments • We will have group programs on study and exam writing skills regularly throughout the term. • Individual appointments are available for all students. • How to find me: • My office #216, • Phone: 278-9240, • E-mail: mpeters3@elon.edu • Stop by when door is open or contact me for a time for an appointment.