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Taming The Teaching And Learning Hydra : Does It Have To Be A Labour Of Hercules? Teaching Legal Research Skills Within The Context Of University Teaching And Learning Goals, National Trends And Professional Requirements

Author: Penny Jones BA, Grad Dip (Information and Library Studies)
Acting Associate Law Librarian, University of Western Australia Law Library
Issue: Volume 9, Number 3 (September 2002)

Paper presented at the Australasian Law Teachers' Association annual conference hosted by Murdoch University School of Law, Perth, Western Australia September 29 - October 2 2002


Contents

Taming The Teaching And Learning Hydra : Does It Have To Be A Labour Of Hercules? Teaching Legal Research Skills Within The Context Of University Teaching And Learning Goals, National Trends And Professional Requirements

    Introduction

  1. Outcomes Based Learning, Information Literacy Standards, Educational Principles, Lifelong Learning, Strategic Plan goals, Law firm expectations - how do we manage to include all of these concepts in our teaching and learning programs and at the same time focus on our specific areas of teaching?

  2. Legal Research Skills training has been integrated within core units, and the skill levels developed incrementally through the Law degree at the University of Western Australia since 2000 as part of a special program. The program, cooperatively developed by the Law School and the Law Library, aims to improve the legal research skills of students within the Law Degree, seeking to ensure they achieve a certain level of competence before they enter the legal profession, where legal research skills are a vital part of legal practice.

  3. As part of a review of its Legal Research Skills Program the University of Western Australia Law Library has recently mapped the Legal Research Skills Learning Outcomes to the CAUL Information Literacy Standards, in the context of UWA's Educational Principles and the UWA Library's Strategic Plan for 2002 - 2004. The Legal Research Skills Learning Outcomes were developed to reflect the University of Western Australia's interest in Outcomes-based education.

  4. This paper will outline how the many-headed teaching and learning Hydra was tamed, with practical examples from documents and tables referred to and produced during the Law Library's review process.

    Legal Research Skills at the University of Western Australia

  5. When the UWA Law Library and Law School began our Legal Research Skills program in 2000, we felt that we were breaking new ground. Though we had some insights from Law Schools and Libraries in Australia and overseas[1] there was no blueprint for exactly what we wanted to achieve with our program. We saw a need to provide our students, over the whole course of their degree and incrementally, with skills to produce quality research, and for our graduates to be better equipped to meet the demands of the legal profession. Appendix 1 is a matrix showing the core units through the degree in which instruction is given, and at what levels. The Library and the Law School embarked on a creative journey to fulfil a locally perceived need.

  6. Though our program was in tune with directions in the legal profession, Higher education and UWA's aims generally, it became apparent in 2002 that there were new developments in Teaching and Learning at a national and institutional level that we needed to take account of. Things were moving fast, and if we didn't tame this Hydra we could possibly be out of step with the University and miss out on the benefits of new knowledge. We saw the need for a closer association with the National goals, institutional goals and departmental goals in order to show where our program fit in the scheme of things.

    Stage One

  7. What information should we be taking into account? The first stage was to identify the various documents relating to Teaching and Learning in Higher Education, and see whether there were common themes or goals. The following key documents were the most relevant and useful.

    National Benchmarks

  8. Graduate Skills Assessment - Australian Council of Educational Research (ACER). June 2000. http://www.acer.edu.au/unitest/index.html

    This is a test, commissioned by DETYA (as it was then called), designed to assess the generic skills of new university entrants and then students about to graduate. The areas covered by the test are:

  9. ACER also suggest that other areas that could be tested in the future include:

    These are all skills to equip students for lifelong learning

  10. Information Literacy Standards - Council of Australian University Librarians (CAUL), 2001. http://www.caul.edu.au/caul-doc/InfoLitStandards2001.doc

    The CAUL Information Literacy Standards are a set of seven 'standards' or 'outcomes' designed to enable students to "recognise when information is needed and have the capacity to locate, evaluate, and use effectively the needed information"[2] The standards are:

    These Standards are being reviewed by CAUL in 2002.

    University Benchmarks

  11. Mission Statement : Educational Principles http://www.acs.uwa.edu.au/reg/mission.html

    UWA's educational principles are:

  12. David Treloar, Outcomes-Based Education and Standards for the University of Western Australia. May 2002. http://www.catl.uwa.edu.au/obe/OBE-Discussion.doc

    David Treloar writes that "outcomes-based education at its most essential can be thought of as being little more than making explicit to every student the goals or objectives of their course and of each of its units and . . what each student is expected to be able to understand and to do at exit and at intervening stages." Outcomes can be generic for all university students, or specific to a discipline, like Law. They should be incremental (ie. have levels of advancement) and should be assessable.

  13. A Basic Guide to Writing Student Learning Outcomes Statements Centre for the Advancement of Teaching and Learning (CATL) http://www.catl.uwa.edu.au/online/outcomes.html

    This document explains what learning outcome statements are, and how to write them, including:

    Library Benchmarks

  14. Innovation Through Collaboration: Library Strategic Plan 2002-2004 http://www.library.uwa.edu.au/publications/plan/Library_strategic_plan.pdf

    Goal 3 of the Library's strategic plan states that the Library aims:

    This is to be achieved through the following objectives:

    3.1 Identify information skills requirement of target groups in order to apply the Information Literacy Standards in a relevant context
    3.2 Collaborate with academic staff in the development of learning programmes
    3.3 Incorporate flexible delivery of information skills training within the context of the total student learning experience
    3.4 Incorporate the delivery of relevant high quality information within student learning programmes.

    Stage Two

  15. What does it all mean? From these documents we see a number of common themes and connections, and can draw some conclusions:

    Stage Three

  16. How can we demonstrate that these standards, aims and objectives are related and cohesive? For our Legal Research Skills programme we decided to create a table which shows the Student Learning Outcomes, Resources, Assessment, CAUL Information Literacy Standards and CAUL Outcomes (numbers only). See Appendix 2 for a sample page. In a cover document (Appendix 3) to this table we outline the context of the document which reveals that it is based on the University's Educational Principles, the Library's Strategic Plan 2002-2004, and the CAUL Information Literacy Standards.

    Stage Four

  17. Reviewing the situation: recent developments

    While we are satisfied with the connection between UWA Educational Principles, Library's strategic plan, student learning outcomes, resources and CAUL standards, we have recently felt the need to revise the document again in the following areas.

    Student Learning Outcomes

  18. As part of our Legal Research Skills program we had already developed some 'skills competencies' or learning outcomes. In 2002, using the guidelines from UWA's CATL, we re-drafted the student learning outcomes, making sure each of the outcomes had an action word and was purposeful.

  19. We have since been referred to a document called Developing Objectives and Learning Outcomes and Relating to Assessment[3] which gives a wider context to outcomes, and provides detailed guidelines for writing student learning outcomes. For example, it suggests that not all verbs are specific or measurable enough to be used in a learning outcome statement. We will be revising the outcomes statements once more with the guidelines from this document in mind.

  20. Also, though we build on the skills learnt throughout the Law Degree, the above document suggests that within each group of learning outcomes, there should be varying levels from simple to complex. Most legal research skills are Cognitive (Knowledge) or Psychomotor (Skills). So for example, in the Cognitive area, students should develop from simply recalling information, to comprehending, applying, synthesising, and finally evaluating information. We will also be reviewing the learning outcomes in light of this information.

    Assessment

  21. The Developing Objectives document also emphasises the importance of assessment in demonstrating the fulfilment of student learning outcomes. We feel that we need to focus more attention on selecting appropriate assessment tools to achieve this.

  22. The UWA Library's Teaching and Learning Team has also been working on a project in this area. The Team is seeking to link some simple information literacy learning outcomes for first years with appropriate assessment activities. A document will be produced which will hopefully assist academic and library staff across the University incorporate the teaching and assessment of the generic skill of information literacy within their first year units.

  23. In the past, except for a few WebCT exercises administered by the Law Library, we have left this area up to the academic staff. This has meant it has been difficult to ascertain whether students were really reaching the outcomes, because most of our feedback was anecdotal.

  24. We will be looking more closely at how we can measure whether students have achieved the different learning outcomes in preparation for our 2003 program. We will use the assessment activity suggestions from the document produced by the Library's Teaching and Learning Team in our own review of assessment. This will be done in consultation with Law academic staff and our Instructional Designer.

    Resources

  25. The Resources used in Legal Research can change from week to week, let alone year to year. We update this section of our Learning Outcomes document every year. The legal profession demand a certain level of expertise in electronic resources from their articled clerks. We are conscious of the need to give the students a balance of skills in print and electronic media, but increasingly, electronic resources are taking over.

    Conclusion

  26. In Law, when we were first developing our Legal Research Skills program, outcomes-based learning had not yet reached the level of prominence it has today. As we did not have the benefit of this knowledge, we chose to look at what we had been teaching in the way of legal research skills, and what needed to be taught with reference to academic staff and the expectations of the legal profession.

  27. In 2002 we have basically gone back and done what many documents on Outcomes-Based learning suggest: Work from the general to the specific. We looked more closely at the national, institutional and departmental context in which we were teaching. Surprisingly, despite some outcomes statements which were a bit vague and still need some work and the need for some specific thought regarding assessment, our objectives proved to be sound and met all of the relevant CAUL standards for information literacy and UWA Educational Principles. We were already in tune with the Library's goals, as we had helped shape the Library-wide interest in Information Literacy since 1999.

  28. However, our base document will continue to change with national, institutional, departmental and professional directions. The taming of the Hydra is an ongoing labour of Hercules, but it is thankfully not a Sisyphean task.

Appendix 1: Designated Core Units for Integrated Instruction

 

 

Legal Process

130

Criminal Law

100

Torts

120

Equity

202

Constitutional Law 2 401

Administrative Law  320

Procedure

020

? Advanced

 

 

 

 

 

 

 

Case Law

 

 

 

 

 

 

 

Legislation

 

 

 

 

 

 

 

Secondary Sources

 

 

 

 

 

 

 

? Intermediate

 

 

 

 

 

 

 

Case Law

 

 

 

 

 

 

 

Legislation

 

 

 

 

 

 

 

Secondary Sources

 

 

 

 

 

 

 

? Basic

 

 

 

 

 

 

 

Citation

 

 

 

 

 

 

 

Case Law

 

 

 

 

 

 

 

Legislation

 

 

 

 

 

 

 

Secondary Sources

 

 

 

 

 

 

 

 

Appendix 2: Legal Research Skills Analysis

 

 

LEARNING OUTCOMES

RESOURCES

CAUL STANDARDS

CAUL OUTCOMES

BASIC

 

Citation

X          Students will understand  the academic and professional requirement to identify and correctly cite primary and secondary legal material.

 

X          Student will be able to correctly identify the elements of a case citation

 

X          Students will be able to read a case citation and identify:

X     What the abbreviations mean

X     Whether the citation is for a reported or unreported case

X     When is it appropriate to use square or round brackets

X     Whether the citation is for an electronic or print version of the case

 

X          Students will recognise variations in citation formats.

 

X          Students will be able to locate a case citation when

X     only party names are given

X     the given citation is incorrect or incomplete

X     an alternative citation is needed

 

X          Australian Case Citator - hard copy & CD-Rom

X          Donald Raistrick, Index to Legal Citations and Abbreviations 2nd ed.

X          Colin Fong & Alan Edwards, Australian and New Zealand Legal Abbreviations 2nd ed.

X          Australian Guide to Legal Citation –(Melbourne University Law Review)

X          UWA Law Review Style Guide

 

 

 

Standard 1: The information literate person recognises the need for information and determines the nature and extent of the information needed.

 

Standard 5: The information literate person classifies, stores, manipulates and redrafts information collected or generated.

 

Standard 6: The information literate person understands cultural, economic, legal and social issues surrounding the use of information and accesses and uses information ethically, legally and respectfully.

1.1.6

1.2.1

 

 

 

 

5.1.3

5.1.4

 

 

 

6.3.1

6.3.2

ASSESSMENT

X          Compulsory WebCT exercise for Legal Process Students

 

 

Appendix 3: Outcome Based Learning

 

OUTCOME BASED LEARNING in the Legal Research Skills Program

UWA Law Library

2002

 

Learning Outcome Statements

 

The following document contains:

·         a matrix of core units for integrated instruction and

·         a table of learning outcome statements

for the joint Law Library and Law School Legal Research skills program which has been in operation since 2000. 

 

The learning outcomes cover basic, intermediate and advanced skill levels over the whole LLB, and were written in consultation with academic staff at the Law School.

 

The original learning outcome statements written in 1999 have been revised with reference to the document A Basic Guide to Writing Student Learning Outcome Statements produced by the UWA Centre for the Advancement of Teaching and Learning.

 

CAUL Information Literacy Standards

 

General Objectives for Legal Research and Responsibilities were mapped in Information Literacy Standards and their Application to Curricula at the University of Western Australia.[4]  However the following document identifies the CAUL Information Literacy Standards and Outcomes associated with each group of Learning Outcomes for specific Legal Research Skills. 

 

UWA Educational Principles

 

The table is based on UWA Educational Principles.  In particular the Law Library has a desire to encourage students

 

 

Legal Research skills are essential for students’ academic requirements, but also for their professional careers.

 

University Library Strategic Plan 2002 – 2004

 

The Law Library aims to play its part in reaching Goal 3 of the Library’s Strategic Plan, namely

 

 

by fulfilling objectives 3.1 – 3.4 in its Legal Research Skills Program, and through this Learning Outcomes document in particular:

 

3.1  Identify information skills requirements of target groups in order to apply the Information Literacy Standards in a relevant context

3.2  Collaborate with academic staff in the development of learning programmes

3.3  Incorporate flexible delivery of information skills training within the context of the total student learning experience

3.4  Incorporate the delivery of relevant high quality information within student learning programmes.

 



 


Notes

[1] Especially influential was Mary-Rose Russell's paper 'On the Edge of Credibility: Leading Law Students to Information Literacy' On the Edge: Asia Pacific Specials, Health and Law Librarians' Conference (Perth, 12-16 Oct 1997)

[2] American Library Association. Presidential Committee on Information Literacy. Final Report. (Chicago: American Library Association, 1989) http://www.ala.org/acrl/nili/ilit1st.html

[3] Produced by Sue Bannister (EdCent : Education Centre at the Faculty of Medicine & Dentistry, University of Western Australia), May 2002.

[4] W Hamilton, M Mahoney & C Clark. (2001) 9 Australian Law Librarian 323


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