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Learning to solve legal cases: The effects of instructional support Fleurie Nievelstein Tamara van Gog Gijs van Dijck* Els Boshuizen Open University of the Netherlands *Faculty of law, Tilburg University

Learning to solve legal cases: The effects of instructional support Fleurie Nievelstein Tamara van Gog Gijs van Dijck* Els Boshuizen Open University of

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Learning to solve legal cases:

The effects of instructional support

Fleurie Nievelstein

Tamara van Gog

Gijs van Dijck*

Els Boshuizen

Open University of the Netherlands

*Faculty of law, Tilburg University

Reasoning about cases

complex skill:

• Domain complexity- Interpretation legal concepts

- Using external sources / knowledge about the structure

- Adversarial reasoning

- High number of non routine task aspects

• Students’ knowledge structures

Problematic for preferred instructional method:

‘learning by doing’

Is ‘learning by doing’ effective for learning ?

Previous research suggests high cognitive load caused by:

• Incomplete conceptual knowledge • Search process

(Nievelstein, Van Gog, Boshuizen, & Prins, 2008; in press)

Instructional support

• Optimize cognitive load; more capacity for processes effective for learning

- focus on important task aspects

- trying to understand the underlying legal framework

- intention to improve reasoning performance

• Cognitive load is measured by the mental effort scale

Experiment 1

79 first-year law students Tilburg University

• Pre-test• 2 Training cases• 1 Test case • Mental effort

Experiment 1

(1) Concept explanations and

Condensed civil code

(2) Concept explanations

(complete civil code)

(3) Condensed civil code (4) No support

‘learning by doing’

(complete civil code)

Results reasoning on test

• Support by condensed civil code during training leads to sig. better performance on the reasoning test than students not supported with the condensed civil code

• No interaction effects • No effects on mental effort• Higher efficiency

• Lot of room for improvement…!

Performance test

0

5

10

15

20

25

ConceptsCond.Code

Concepts Cond.code No support

Max 100 points

Experiment 2

• 75 first-year students & 36 third-year students

• Pre-test• 2 Training cases• 1 Test case• Complete civil code• Mental effort

Experiment 2

(1) Worked-out examples and

Proces steps

(2) Worked-out examples

(3) Proces steps (4) No support

‘learning by doing’

Results experiment 2

• Support by worked examples during the training phase leads to significant better results on reasoning during the test

• Applies for both, first-year and third-year students!

No expertise reversal effect!

Performance test first-year students

0

10

20

30

40

50

60

WorkedEx Steps WorkedEx Steps No support

Max 100 points

Comparing first-year students exp. 1 and 2

0

10

20

30

40

50

60

Cond.code Worked examples

Max 100 points

Performance test third-year students

0

10

20

30

40

50

60

70

80

90

WorkedEx Steps WorkedEx Steps No Support

Max 100 points

Mental effort

• Students who studied worked examples reported less mental effort (during learning) than students who solved the case with no support or problem steps

• No differences on mental effort reported on the test, but....

• Studying examples leads to higher performance

Practical / Theoretical implications

• Support by worked examples improves learning • Higher efficiency • No expertise reversal effect; probably due to the

domain complexity

Thank you for your attention

Questions, remarks??

Fleurie Nievelstein

[email protected]