Learning Law

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

Learning Law

Orientation:August 16, 2006

5. SynthesisJudgment

4. ProblemSolving

3. Spotting Issues

2. Understanding

1. Knowledge1. Recognition vs. Recall

2. Hearing vs. Understanding

3. Limited context vs. Unlimited context

4. Prescriptive vs. Exploratory

5. Professional expertise

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

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

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

Cognitive Theory: Piaget

Functions (Same for everyone)

Adaptation Assimilation Accommodation

Organization

Schemata[Knowledge cluster]

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

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.

Assimilation Requires Attention

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

Remembering & Forgetting:

Time Remember Forget

20 mins. 53% 47%

2 Days 35% 65%

15 Days 25% 75%

30 Days 22% 78%

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

Ways of Remembering:

Decrease interference

RestedStay connectedSet times: study & play

Increase focusTake notes & reviewCreate meaning link

StorageOrganize by useTalk about concepts and apply to people or creative stories.

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)

Remembering & Forgetting:

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

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.

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

Attention & Adaptation: Perceived Importance*

*Concept developed by William Purkey

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

Attention & Adaptation: Perceived Importance

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

Attention & Adaptation: Perceived Importance

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

Attention & Adaptation: Perceived Importance

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

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.

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

Study Steps:Assimilation & Accommodation

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

7-10 repetitions = long term memory

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

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

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

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.

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

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?

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

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

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

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

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

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.

Choosing a Format

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

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

Preliminary Questions

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

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

Recommended Strategies:

SynthesisJudgment

ProblemSolving

Spotting Issues

Understanding

Knowledge

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.