Using your imagination to light up knowledge, skills and values for LLB students: clinical legal education and effective lessons -- Part I

David McQuoid-Mason, University of KwaZulu-Natal

David's keynote address at LILI 2006 examined how law teachers can use their imagination to light up the knowledge, skills and values that law students seek to attain during their law degrees. This first part of his paper focuses on the importance of using interactive teaching methods to teach effectively and creatively in order to motivate students to participate actively in the learning process. A number of imaginative ways of providing student-centred legal education are illustrated.

The second part of the paper discusses the criteria stated for the revised South African LLB programme and how these compare with the preliminary findings of a survey of law students at two South African universities regarding the knowledge, values and skills they would like to acquire during their law degrees. Contact David on e-mail: mcquoidm@ukzn.ac.za.

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I hear and I forget. I see and I remember. I do and I understand.

(Confucius c551-479 BC)

In most countries the teaching of law, like many academic disciplines, does not require law teachers to undergo a pedagogical skills training course. The result is that most new law teachers simply adopt the habits and teaching methods of their former teachers. This usually means adopting the lecture method – according to educational psychologists one of the most ineffective ways of imparting knowledge to law students.

The injunction by Confucius regarding the need to let students do things rather than merely hear things has been borne out by studies culminating in the 'Learning Pyramid'. (The origins of the Learning Pyramid are somewhat controversial and there is confusion about who the original author was - links to further information are given in the further reading section below.) The Learning Pyramid indicates that the rate of memory retention increases as more learner-centred interactive teaching methods are used. For example, if lectures are used learners remember 5%. If learners read for themselves they remember 10%. If audio-visual methods are used (such as an overhead projector or PowerPoint) learners remember 20%. If learners see a demonstration they will remember 30%. If they discuss issues in small groups they will remember 50%. If they practice by doing they will remember 75%. However, if the learners teach others or immediately use the information they have been given they will remember 90%.

The fact that studies have shown that traditional legal studies result in a "dulling of student motivation and...altruistic values" (Krieger, 2002:114) clearly indicates a need to 'illuminate legal education'. One method of doing this is to introduce clinical legal education methods and the interactive forms of learning associated with it when teaching substantive and procedural law to law students.

Clinical legal education

The 1960s, 1970s, 1980s and 1990s saw the rise of clinical legal education in countries such as the United States (see Milstein, 2001), the United Kingdom (see Brayne, Duncan & Grimes, 1998), South Africa (see McQuoid-Mason, 1982:139-163), Australia (see Law Council of Australia, 2001), and others (see McCutcheon, 2000:267). In these early programmes clinical legal education was often designed to teach practical legal skills in a social justice context. This meant moving away from traditional, mainly knowledge-based, learning, towards the incorporation of skills and values in the law curriculum using interactive teaching methods. The objective was to engage law students in student-centred learning rather than relegating their role to that of passive recipients of the law teacher's perceived wisdom. 'Learning through doing' to teach legal knowledge, skills and values requires law teachers to forget unimaginative past practices and to motivate and stimulate the students to take an active part in the learning process.

Clinical legal education can be simply defined as experiential learning whereby law students gain practical skills and deliver legal services in a social justice environment. During the process students are confronted with real life situations and play the role of lawyers to solve the problems. They do this by interacting with clients or each other to identify and resolve legal issues, and are subjected to critical review by their teachers or peers. Clinical legal education enables law students to play an active role in the learning process and to see how the law operates in real life situations (Brayne, Duncan & Grimes, 1998:1). Clinical legal education programmes usually take the form of 'live client' or 'street law' (legal literacy) type clinics. However, the learning methods used can also be adapted for use when teaching substantive and procedural law.

Clinical legal education provides law students with the tools that lay the foundations for their future careers as lawyers. While traditional legal education tends to focus on the theoretical content of the law and to be knowledge-based, clinical legal education goes further and provides law students with the necessary skills for legal practice. It also inculcates values such as the duty of lawyers to become involved in social justice issues in society, and to display professional responsibility while practising law. Many of these skills and values can also be incorporated into the teaching of substantive and procedural law.

For the purposes of this paper it is not intended to revisit the debate about whether academic and professional training aspects of legal education should be separated and undertaken by different bodies. The modern view is that the two are inter-related and should be taught together rather than separately. (See Australian Law Reform Commission, 1990 at para 2.81, American Bar Association, 1992, and Cooper, 2002.)

Clinical teaching methods

Although clinical legal education learning methods are traditionally used to teach such lawyering skills as interviewing and counselling, legal writing and drafting, fact finding, case analysis, trial preparation and trial advocacy, they can also be used to teach substantive and procedural law courses.

Depending on the nature of the law school's academic programme it may not always be possible to replace lectures entirely with clinical teaching methods. However, where there is scope for small group work, such as tutorials or practical sessions, it is possible to introduce a wide variety of interactive clinical legal education teaching methods in order to illuminate the substantive and procedural law curriculum for law students.

Some of the more common interactive learning methods include the following:

Each of these methods will be discussed briefly together with the some suggested steps on how to use them.

In role plays students draw on their own experience to act out a particular situation (for example, a police officer arresting somebody). Students use their imagination to flesh out the role play.

Role plays are used to illustrate a legal situation and then require students to identify what has happened, make a decision on what should be done, and then resolve the conflict illustrated in the role play or act out a conclusion to what happened during the role play. (See Arbetman et al, 1999:11-13, and McQuiod-Mason et al, 2005:7-8, for further information on conducting role plays.)

A law teacher may use the following steps when conducting role plays:

  1. Explain the role play to the students (describe the scenario).
  2. Brief the students who volunteer (or are selected) to do the role play.
  3. Brief the other students to act as observers (give them instructions on what to look out for).
  4. Get the students to act out the role play (this can be done by one group in front of all the students as a 'fishbowl' or in small groups of three (triads) consisting of role players and observers).
  5. Ask the observer students to state what they saw happen in the role play.
  6. Ask all the students to discuss the legal, social or other implications of the role play and to make a decision on what should be done to resolve the conflict in the role play (this can be done using small groups).
  7. Conduct a general discussion and summarise.

Although the law teacher sets the scene, he or she should accept what the students do. Role plays often reveal information about the learner's experiences as a story in itself (Brayne, Duncan & Grimes, 1998:173-208). Role plays can be used to teach knowledge, skills and values and illuminate most substantive and procedural law subjects.

Simulations require students to act out a role by following a script. They are not open-ended like role plays, and are carefully scripted to ensure that the objectives of the exercise are achieved (But see Brayne, Duncan & Grimes, 1998:173-208, where the terms 'role play' and 'simulation' are used interchangeably.)

Simulations usually require more preparation than role plays because students may need more time to prepare to follow the script. The law teacher should tell students about the persons or situation they are simulating before they act out the scene to give them time to rehearse.

The procedure for conducting a simulation is similar to that for a role play and law teachers may follow the seven steps suggested above for role plays.

The present writer has prepared a short dramatic simulation based on verbatim extracts from Kafka's The Trial in order to enable students to analyse the different parts of a trial as they operate under the adversarial and inquisitorial systems of justice.

Like role plays simulations can be used to illuminate most substantive and procedural law courses. Simulations may be used to teach knowledge, skills and values.

Moots involve case studies in which students are required to argue an appeal on an undecided point of law (Arbetman et al, 1999:22-24). In law faculties moots are usually conducted formally, in that the students dress for court and argue an appeal in a simulated moot court environment.

More informal moots may be conducted in tutorial groups and street law classes, where students can be required to prepare arguments in small groups and then to elect a colleague to present the arguments of the group in a 'fishbowl' setting (see below), where the remaining students act as observers and comment on the arguments presented and the judgment rendered during the moot.

Another method is to use 'mini-moots' where students are divided into triads (see below) with a lawyer on each side and a 'judge' to control the proceedings, give a judgment and report back to all the other students. Here there are no student observers but every single student plays an individual role either as a lawyer or judge. Mini-moots are a very useful method of getting all the students in a class involved in the moot process.

When preparing large numbers of students for a more informal moot and conducting such a moot the following procedure can be used:

  1. Select the moot topic.
  2. Get the students to review the facts of the moot case to ensure that they understand them.
  3. Get the students to identify the legal issues involved (ie to identify the legal questions to be answered).
  4. Divide the students into small groups and get them to discuss the relevant law and prepare arguments or judgments.
  5. Get the students to present their arguments on behalf of the plaintiff and defendant within the allocated timeframes.
  6. Get the students acting as judges to whom the arguments were presented to give a judgment.
  7. Debrief the exercise and summarize.

Moots can be used to teach knowledge and skills and to illustrate most substantive and procedural law topics.

Mock trials are an experiential way of learning that teaches students to understand court procedures (see Arbetman et al, 1999:18-22, and McQuoid-Mason et al, 2005:11-19). Mock trials take a variety of forms. In clinical programmes teaching criminal or civil proceedings the trials can be spread over a full semester with students being carefully coached on each aspect of the trial.

In the classroom setting and in street law mock trials large numbers of students can be used. For example, street law mock trials using the adversarial system can involve up to 28 participants - 11 for the plaintiff or prosecution team and 11 for the defence, plus a judge and two assessors (a jury could increase the numbers even more), court orderly, registrar and timekeeper. In the case of street law mock trials using the inquisitorial system even more students can be involved, because in addition to the prosecution and defence teams a team of judges can be also be included. (On the different types of mock trials and using mock trials in adversarial and inquisitorial systems see McQuoid-Mason (1999:26-41)).

In both models participants are taught the different steps in a trial. They are also taught basic skills, such as how to make an opening statement, how to lead evidence, how to cross-examine, how to re-examine and how to make a closing statement. Participants can play the role of witnesses, court officials, judges and lawyers.

Mock trials allow students to experience court room procedures and understand how the courts resolve disputes. Mock trials enable students to see how lawsuits are dealt with by lawyers and judges and how the procedures impact on witnesses, accused persons and experts. They also help students to develop (McQuoid-Mason et al, 2005:11-12):

  1. critical thinking skill
  2. the ability to analyse problems
  3. strategic thinking
  4. listening and questioning skills
  5. oral presentation skills
  6. the ability to think on their feet
  7. skills in preparing and organising material

Preparing for a mock trial

The law teacher may use the following steps to prepare for and conduct a mock trial involving large numbers of students:

  1. Explain the purpose of a mock trial, its steps and the simplified rules of evidence that will be used during the trial.
  2. Get the students to read the facts of the case and check that they understand them.
  3. Get the students to read the charge and check that they understand it.
  4. Explain the law to the students and what the prosecution and defence will have to do to succeed in their cases.
  5. Get the students to read each statement and highlight the parts of the statements that assist the prosecution and those that help the defence.
  6. Divide the students into teams for the prosecution and the defence as well as judges and court officials (see the section below on teams for the mock trial).
  7. Get the students in their teams to prepare questions for examination in chief, cross-examination and re-examination of their witnesses and the accused. They should also prepare their opening statements and closing arguments and for any objections they may wish to raise if certain questions are asked. In doing so they should take into account the previously highlighted facts in each statement that supports their case and need to be brought to the attention of the court. While preparing their questions students must bear in mind the simplified rules of evidence (for the suggested simplified rules of evidence used in mock trials see McQuoid-Mason et al, 2005:13-16). Students acting as judges, the registrar, the court orderly and the timekeeper should also be briefed on their roles.
  8. When the students are ready the mock trial should be conducted using the steps in the mock trial introduced by the law teacher.
  9. At the end of the exercise the law teacher should debrief the mock trial.

Teams for the mock trial

The following teams may be used for a mock trial involving 26 students in an adversarial case:

Prosecution team

  1. 1st prosecutor to make opening statement.
  2. 1st witness for prosecution.
  3. 2nd witness for prosecution.
  4. 3rd witness for prosecution.
  5. 2nd prosecutor to examine first prosecution witness.
  6. 3rd prosecutor to examine second prosecution witness.
  7. 4th prosecutor to examine third prosecution witness.
  8. 5th prosecutor to cross-examine the accused.
  9. 6th prosecutor to cross-examine first defence witness.
  10. 7th prosecutor to cross-examine second defence witness.
  11. 8th prosecutor to give closing argument.

Defence team

  1. 1st defence lawyer to make opening statement.
  2. The accused.
  3. 1st witness for defence.
  4. 2nd witness for defence.
  5. 2nd defence lawyer to examine accused.
  6. 3rd defence lawyer to examine first defence witness.
  7. 4th defence lawyer to examine second defence witness.
  8. 5th defence lawyer to cross-examine first prosecution witness.
  9. 6th defence lawyer to cross-examine second prosecution witness.
  10. 7th defence lawyer to cross-examine third prosecution witness.
  11. 8th defence lawyer to give closing argument.

Court officials

  1. Judge or judges/assessors/jurors.
  2. Registrar of the court.
  3. Court orderly.
  4. Timekeeper.

Mock trials not only teach students about criminal and civil court proceedings but can also illuminate aspects of the law of evidence as well as the relevant substantive law involved in the case. They can be used to teach knowledge, skills and values. (For an example of a mock trial see McQuoid-Mason et al, 2005:120-129.)

Case studies are usually conducted by dividing students into three large groups of lawyers for plaintiffs or defendants (or prosecutors and accused persons) and judges, and then further subdividing the large groups into small groups to consider suitable arguments or solutions. Individuals from each group can be selected to present arguments or give judgments on behalf of the group. A variation might be for one group or set of groups to argue for one side, another group or set of groups to argue for the other side, and a third group or set of groups to give a decision or judgment on the arguments.

When requiring students to discuss case studies the following procedure can be used:

  1. Select the case study.
  2. Get the students to review the facts to ensure that they understand them.
  3. Get the students to identify the legal issues involved (ie identify the legal questions to be answered).
  4. Allocate the case study to the students in small groups.
  5. Get the students to discuss the relevant law and prepare arguments or judgments in small groups.
  6. Get the students to present their arguments - arguments on behalf of the plaintiff and defendant should be presented within the allocated time.
  7. Get the students to whom the arguments were presented to make a decision (for example, students allocated the role of judges or the students as a whole).
  8. Conduct a general discussion and summarise.

Case studies are often based on real incidents or cases, and at the end, after the students have made their decisions, the law teacher can tell them what happened in the real case. Case studies can be used to teach knowledge, skills and values, and help to develop logical and critical thinking as well as decision making (see Arbetman et al, 1999:9-11, and McQuoid-Mason et al, 2005:5-6).

Small group discussions should be carefully planned with clear guidelines regarding the procedure to be followed and the time allocated (see Arbetman et al, 1999:17). The groups should usually not exceed five people to ensure that everyone has a chance to speak. The groups should be numbered off by the law teacher (for example 1 to 5), or formed by taking every five people in a row or group and designating them as teams for group discussions.

The groups should be given instructions concerning their task – including how long they will have to discuss a topic or prepare for a debate or role play and how the group should be run (for example, elect a chairperson and a rapporteur or spokesperson who will report back to all the other students). Groups should be told to conduct their proceedings in such a way as to ensure that stronger students do not dominate and everyone has a fair opportunity to express themselves.

The law teacher may use the following steps when conducting small group discussions:

  1. Introduce the topic for discussion and explain how the small group discussions will work (for example, elect a chairperson and rapporteur or spokesperson and give timeframes).
  2. Divide students into small groups - not exceeding five in each group.
  3. Allocate a question or questions to each group for discussion.
  4. Give the students time to discuss the question or questions allocated.
  5. Give the students a warning before their time for discussion ends (for example, one or two minutes).
  6. Get the rapporteurs or group spokespersons to report back to all the other groups.
  7. Conduct a general discussion and summarise.

Small group discussions can be used to teach knowledge, skills and values and can be used with a variety of other methods such as moot preparations or case studies.

Debates involve controversial issues such as abortion, euthanasia, human cloning, prostitution, legalisation of drugs, corporal punishment, capital punishment or any other topic that would lead to disagreements amongst students. The topics must be controversial with room for arguments on both sides – not one-sided such as slavery.

The students may be divided into two groups, or small groups to prepare arguments for one or other side in the debate. The groups help the persons on each side who are chosen to debate on behalf of the group. The debate is conducted and the participants then vote in favour of or against the proposition.

The law teacher can use the following steps to conduct a debate:

  1. Allocate the debate topic to groups of students and choose which groups will argue for and against the proposition.
  2. Get the groups to prepare their arguments and to choose two debaters to present their arguments (one, the main debater, to present the group's arguments, and the other, a replying debater, to reply to the opposing group's arguments).
  3. Allow the main debaters who are in favour of the proposition to present their arguments first within the designated timeframe (for example, five minutes).
  4. Allow the main debaters who are against the proposition to present their arguments within the designated timeframe (for example, five minutes).
  5. Allow the replying debaters who are in favour and against the proposition to briefly reply to their opponents within the designated timeframes (for example, one minute for each side).
  6. Ask all the students to vote on which side presented the best arguments and deserved to win the debate.

A variation of the debate is 'mini-debates'. Here all the students are divided into triads (see below) to conduct mini-debates with debaters arguing for and against the proposition in each triad, together with an adjudicator who controls the debate, decides who the winner is, and reports back to all the other students.

Debates can be used to teach knowledge, skills and values.

'Taking a stand' requires students to stand up for their point of view by physically standing up and verbally justifying their position. A controversial topic should be chosen (see above in the section about debates).

As an example, students might be asked who are in favour and who are against the death penalty. Students would then have to take a stand under a placard stating 'In favour', 'Against' or 'Undecided', and would have to articulate their opinions on the death penalty.

The following procedure can be followed:

  1. Prepare placards with headings: 'In favour', 'Against' and 'Undecided' (or other suitable headings).
  2. Introduce the controversial topic on which the students will be required to take a stand (for example the death penalty, legalisation of drugs or prostitution etc). Tell students that they may move their position if they hear a particularly good or bad argument.
  3. Request students to take a stand under the placard that reflects their point of view.
  4. Get students to justify their position by making a single argument – alternatively giving students under each placard an opportunity to express their point of view.
  5. Get any students who moved their position to give their reasons for doing so.
  6. Test the consistency of the students' positions by introducing questions involving extreme examples (for example, in a death penalty debate check whether those against would say that even Adolf Hitler who was responsible for killing millions of people should not be given the death penalty – had he been caught alive).
  7. Summarise the discussion and conclude.

To assist the students in articulating their viewpoints in a logical manner they may be required to use a formula like the PRES formula (see below).

'Taking a stand' not only teaches students the skill of articulating an argument but also requires them to clarify their values.

The PRES formula has been developed to help students, particularly law students, to construct a logical argument when asked to think on their feet.

The PRES formula requires students to present their arguments by expressing the following (Palmer & McQuoid Mason, 2000:47, Palmer, Crocker & Kidd, 2003:21-23):

  1. their Point of view
  2. the Reason for their point of view
  3. an Example or Evidence to support their point of view
  4. to Summarise their point of view.

For example, opinions on the death penalty could be articulated as follows using the PRES formula:

Argument in favour of the death penalty for murder:

My Point of view is that I am in favour of the death penalty for murder.
The Reason is that I believe that if you unlawfully take someone's life you deserve to lose your own.
The Evidence for my point of view is the Old Testament of The Bible that says "An eye for an eye and a tooth for a tooth".
Therefore in Summary I am in favour of the death penalty for murder.

Argument against the death penalty for murder:

My Point of view is that I am against the death penalty for murder.
The Reason is that judges can make mistakes.
An Example is the English case of Timothy Evans who was found to have been innocent after he had been executed.
Therefore in Summary I am against the death penalty for murder.

Undecided argument on the death penalty for murder:

My Point of view is that I do not know whether I am in favour or against the death penalty for murder.
The Reason is that I do not know whether it makes any difference to the murder rate in a country.
For Example in the United States of America where some states have the death penalty and others do not the murder rate stays the same.
Therefore in Summary I do not know whether I am in favour or against the death penalty for murder.

Steps when teaching the PRES formula:

  1. Introduce and explain the PRES formula.
  2. Demonstrate the PRES formula.
  3. Pose questions to individual students on controversial issues and ask them to immediatelh using the PRES formula.
  4. Debrief and conclude on the value of the PRES formula.

The PRES formula can be combined with other learning methods such as 'take a stand'. If students are required to make submissions rather than to express a point of view the PRES formula can become the SRES formula (Submission, Reason, Evidence/Example and Summary). The PRES formula teaches the valuable skill of being able to think on one's feet.

Games are a fun way for people to learn because most people, whether they are adults or children, enjoy playing games. Games may be used as 'ice breakers' but they may also be used to teach important topics in the law. Games can illustrate complicated legal principles in a simple experiential format. Where games are used to teach about the law they should not just be fun but should also have a serious purpose.

An example of a game that can that can be used to teach values and knowledge and introduce students to the need for law and types of laws that exist in democratic societies is what the present writer calls the 'Pen Game'. The game exists in a number of other different formats, and is also known as the 'No Rules Game' or the 'Seluron Game', and can be played in several ways. See, for instance, the 'Ring Game' in Arbetman et al, 1999:31-34, or the 'Paper Clip Game' in McQuoid-Mason et al, 2005:31-32.

The Pen Game is played as follows:

  1. The law teacher announces that the need for some sort of legal system will be illustrated by playing a game.
  2. The law teacher checks that each learner has a pen (or a paper clip, or a bottle top or any other suitable object). Once the law teacher is satisfied that each learner has a pen (or other object) the law teacher informs them that they will be playing the 'pen' (or some other object) game.
  3. The law teacher tells the students that as it is a game they need to be in teams, and divides them into teams using small groups or by rows if they are in a classroom setting.
  4. The law teacher tells the students that as they have teams they need to have team captains and designates the students on the right hand side of each group or row as the team captains.
  5. The law teacher checks that the students know who are in their teams, who their team captains are and that they are playing the pen game.
  6. The law teacher tells the students to start playing the pen game – ignoring any requests for rules.
  7. The law teacher allows the students to make up their own rules regarding the game for a couple of minutes but then tells them that they are not playing the game properly.
  8. The law teacher tells the team captains to pass the pen to the team members on their left and restarts the game. After a minute or so the law teacher stops them and tells them that they are not playing the game properly.
  9. The law teacher tells the team captains to hold the pen in their right hands and then to pass it to the team member on their left. After a minute or so the law teacher again stops them and tells them that they are not playing the game properly.
  10. The law teacher tells the team captains to hold the pen in their right hands, pass it to their left hand, and then pass it to the team member on their left. After a minute or so the law teacher again stops them and tells them that they are not playing the game properly.
  11. The law teacher tells the team captains to hold the pen in their right hands, pass it to their left hand, and then pass it to the right hand of the team member on their left. After a minute or so the law teacher again stops them and tells them that they are still not playing the game properly.
  12. The law teacher tells the team captains to hold the pen in their right hands, pass it to their left hand, pass it to the right hand of the team member on their left – but may not be passed to any members wearing spectacles (or any other distinguishing feature such as rings or clothes of a certain colour). After a minute or so the law teacher again stops the game and arbitrarily chooses one of the teams as the winners.
  13. The law teacher debriefs the game to find out how the students felt about it, why they felt the way they did, and what they learnt from the game.
  14. Summary and conclusion: the law teacher checks that the students understand why society needs laws to prevent confusion and chaos, laws should not work retrospectively, laws should not discriminate against people, people should have access to impartial courts that apply the rule of law, citizens should participate in the lawmaking process.

The Pen Game teaches knowledge and values – students not only learn why we need laws in society but also appreciate why laws are necessary. Law teachers should ensure that games are structured in such a way that they meet the learning outcomes for the exercise. Not only should the game cover the various principles to be learnt but the law teacher should ensure that during the debriefing all the outcomes have been achieved.

Games can be used to teach knowledge, skills and values.

Triads involve dividing students into small groups of three in which all three students participate in the activity concerned. It is a special form of small group work, as it ensures that every single learner is actively involved in the learning process. Triads are usually preceded by dividing students into three large groups - which in turn may be subdivided into small groups - in order to prepare for the activity to be conducted in the triads (for examples a moot, case study or role play).

The following steps can be used to conduct triads:

  1. The law teacher introduces the exercise (for example a case study).
  2. The law teacher numbers off the students in their original seats in triads (groups of three).
  3. The law teacher places the students in three large groups according to their numbers. For example, number ones to act as lawyers for the appellant, number twos to act as judges and number threes to act as lawyers for the respondent.
  4. The law teacher subdivides the large groups into small groups of lawyers representing the appellant (number ones), lawyers representing the respondent (number threes), and the judges (number twos) - with not more than five students in each group.
  5. The lawyers in the small groups prepare arguments for their side of the case (number ones and threes) while the judges (number twos) discuss their prima facie views of the case - the judges will have to listen to the arguments before making their decisions.
  6. The law teacher tells the students to reconvene in their original seats in triads - each with a lawyer for the appellant (number one), a judge (number two), and a lawyer for the respondent (number three).
  7. The judges conduct mini-courts in their triads (for example, argument by appellant, argument by respondent, reply by appellant, and judgment).
  8. The judges report back on their judgments to the other students.
  9. The law teacher debriefs the lesson by asking the students what they thought of the judgments and what they experienced in their different roles.
  10. General discussion and conclusion.

Triads can be used to teach knowledge, skills and values, and in combination with a variety of other learning methods.

'Fishbowls' can be used for observations of case studies, simulations, role plays or any other lawyering activity where students are required to critically analyse what has transpired during an exercise. They are also valuable when dealing with values and attitudes. For instance, in gender sensitivity exercises fishbowls can be used to enable students to observe the differences between how women relate to each other in given situations as opposed to what men do in similar circumstances.

An example of the steps in a fishbowl is the following:

  1. The law teacher introduces the exercise by mentioning that the students will be divided into small groups to prepare for a role play.
  2. The law teacher divides the students into small groups of lawyers interviewing a client and clients who are about to be interviewed - with not more than five students in each group.
  3. The lawyers in the small groups prepare the questions they will ask during the interview and the clients in their groups prepare the questions they will ask and what they will tell the lawyer.
  4. The law teacher calls for volunteers from the groups to role play the interview between the lawyer and the client in front of all the other students. The remaining members in the groups are told that they are observers and the law teacher gives them a checklist of things to look out for during the role play.
  5. The role play is conducted and the observers make notes.
  6. At the end of the role play the law teacher asks the observers what they observed.
  7. The law teacher conducts a general discussion and concludes the exercise.

Fishbowls can be used to teach knowledge, values and skills in combination with a number of other learning methods.

Effective lessons and lesson plans

Law lectures usually require a comparatively simple lesson plan that enables the law teacher to cover the topic within the period of time allocated to the lecture. It is merely a question of structuring the content of the lecture to meet the outcomes for the lesson – usually a transfer of information.

Where however interactive teaching methods are used a variety of other issues have to be considered in order to present an effective lesson that is not simply knowledge-based and law teacher centred. Law cannot be taught as a value free discipline operating in a vacuum.

Effective lessons

As has been pointed out an effective lesson is not merely a lecture – and certainly not a lecture on 'what the law is' based on black letter law concepts and principles. It could perhaps be argued that one of the reasons why law students regard the study of law as demotivating (see Sheldon & Krieger, 2004:261) is the failure to expose them to interactive and illuminating learning methods.

The present writer favours the street law approach to effective lessons, which recommends that ideally a good lesson should include the following:

  1. The substance of the actual topic (for example law, human rights, legal ethics, procedure or practice).
  2. The policy considerations affecting the topic (for example why the law was introduced, how it works in practice etc).
  3. Conflicting values – a lesson will be more lively and motivating if students are exposed to different competing values (for example the need for the police to combat crime weighed against the right of accused persons to a fair trial).
  4. An interactive teaching strategy – the reasons for this have been discussed above.
  5. When possible, practical advice – students need to know what can be done in practice about relevant aspects of the law.

Lesson plans

Unlike in the case of lectures, where time management is relatively easy, interactive learning methods require very careful time management.

The present writer uses the following outline for lesson plans involving interactive learning methods:

  1. Set out the topic of the lesson.
  2. Set out the outcomes for the lesson - state what students will be able to do at the end of the lesson in respect of knowledge, skills and values.
  3. Set out the content of the lesson in respect of the areas that have to be covered in respect of knowledge, skills and values.
  4. Set out the interactive strategies that will be used together with their time frames in respect of each outcome, for example:
    1. Focuser: brainstorm (five minutes).
    2. Divide students into small groups and allocate questions (five minutes).
    3. Small group discussions of questions (10 minutes).
    4. Report back from small groups (20 minutes).
    5. General discussion and conclusion (five minutes)
      Total: 45 minutes
  5. Set out the resources needed for the lesson (for example case study handouts, flip chart, overhead projector, PowerPoint projector etc).
  6. Make a list of questions for the concluding session to check that the outcomes for the lesson have been achieved.

References and further reading

Further reading on the Learning Pyramid:


Biography of David McQuoid-Mason

David is James Scott Wylie Professor of Procedural and Clinical Law at the University of KwaZulu-Natal, Durban, founder of the South African Street Law programme, co-founder of the Democracy for All programme and President of the Commonwealth Legal Education Association (CLEA).

David was Dean of the Law School at the University of Natal for 13 years. He has facilitated at numerous NGO training workshops on street law, human rights and democracy in a variety of countries around the world and advised on the setting up and improving of legal aid schemes in Lithuania, Kyrgyzstan, Mongolia, Moldova and Nigeria, as well as on the establishment of paralegal advice offices in Sierra Leone, Mongolia, Moldova and Cambodia.

David is widely published. He has delivered over 130 papers at national conferences and over 80 at international conferences. On 10 December 2004 he was awarded a Special Mention by UNESCO for his work in human rights education.


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