Writing Questions for Specialty Courses

1. Writing Questions forSpecialty Courses Prepared for CAPSC May 5, 2007

2. Questions should reflect the A-K-D process. • A=Awareness • K=Knowledge • D=Do • How much do you pay a non-party witness per mile for attending a deposition? (K) vs. • Which witnesses receive travel fees for attending a deposition? (A)

3. Training questions extend learning. You’re not writing a test. • A test is like walking across hot coals and hoping you make it to the other side.Training provides the “trick” to walking safely across those coals. • A test is adversarial: “We hold the knowledge and if you know enough, you can be one of us.” • Training is supportive: “We hold the knowledge and we’re going to teach you.” • Training provides the opportunity to help develop good habits and practices. • Training exercises are meant to show you that you are accomplished—that you know what you know OR that you still need to practice. (They don’t have to be a guarantee pass.) • Training questions are written with different intention than test questions.

4. Write questions with intention. • Questions should reflect the intention of the lessons. For example, you can talk all day about how to be a paratrooper, but you can’t certify someone who never jumps from the plane. • The text talks about how something is done. (a “D” lesson) • The questions ask the participant to show that they can do the task. (a “D” question) OR • The text provides information that the participant needs to know without question. (a “K” lesson) • The questions ask the participant to show knowledge. (a “K” question) OR • The text explains something the participant needs to be aware of (for example, like being aware that you should check the “local rules,” without having to know all the rules for all courts) • The question asks about how to find information rather than what the information is. (an “A” question)

5. A CQuestion for wrong answer. The model NALA’s software supports is called “double-jeopardy” testing. BQuestion for correct answer.

6. Which witnesses receive travel funds for attending depositions? Parties to lawsuit Non-party witnesses Both of these None of these No. Try this question now. What resource would you use to find out which parties receive fees? The California phone book Federal Rules of Civil Procedure Local Rules California Rules of Civil Procedure This is an example of a “K” question sequence. Wrong Answer Correct Answer You are correct! You now get a bonus question.When does the witness get paid? Which witnesses receive travel funds for attending depositions? • When the subpoena is sent • At the deposition • After the deposition • After the lawsuit ends

7. Another way to create good (“D”) questions is to use situations. • Create a situation that requires doing something to complete the questions. • ExampleSam started a new business called The Phone Store. He asked his attorney, Sharon, to draft a standard contract for his potential customers. He asked Sharon to be sure to include a mediation-before-litigation clause. Use the boilerplate contract clauses provided in the course to identify the best clause for this contract. Which clause works best? • A. • B. • Etc.

8. Try to create a situation that reflects professional practice. • Think if a typical situation in your current practice area. • What are some of the common questions you answer everyday. (You don’t have to know the answer, but you may need to know where to find the answer.) • A-level questions are for advanced specialists. Bonus questions are for those who are really advanced. Wrong-answer questions help reinforce what the lesson was in the first place.