Problem Based Learning in Law - Research Paper Example

LEGAL SKILLS LEARNING PORTFOLIO Contents Sr.# Topic Pg.# 1. Introduction 2 2. Problem Based Learning: Meaning and Significance 3 3. Role of Problem Based Learning in Law 6 4. Groups in Problem Based Learning 8 References 12 1. Introduction The past decade has witnessed significant transformations in the manner we, as individuals interact, conduct business, avail information, impart training and education, and develop and implement advanced technologies in activities concerning our day to day lives. The world is rapidly undergoing a change and hence students must, in order to keep up, be well equipped to operate and work in a relatively different and dynamic environment. The key issues which the prospective skilled professionals would encounter and required to resolve will transcend punitive limitations, and will stipulate inventive approaches and intricate problem - solving abilities. Educational institutions involved in imparting training and education to undergraduates must be compelled to reorganize the manner in which such training is offered and assess the skills and knowhow which is expected of them in the real world, especially in the wake of such a demanding time. It is essential to redevelop the teaching practices within institutions with a view to train the students to deal with with these new and emerging situations. The challenging market of present times requires students across all disciplines to be able to address and approach critical questions facing them, inquire about and discover proper resources for responding to the questions posed, and communicate the explanations successfully to others. Problem - based learning refers to an educational policy which assists the students in building the analysis, reasoning, and communication proficiencies essential for achieving success. Such a revolutionary transformation is indispensable as the change in time, has brought along a significant and substantial change in the practices, methods and modes of approaching several situations and what was historically relevant in classrooms a then, may no longer meet the requirements of present day challenges, simply because historical approaches and strategies may not succeed in developing the complete set of skills and abilities preferred in a modern-day college graduate. This paper on Legal Skills Learning Portfolio describes the fundamental doctrine of problem based learning and summarizes the development of university wide programs revolving around problem based learning across all institutions. 2. Problem Based Learning: Meaning and Significance The term problem based learning is defined as: “…. the learning which results from the process of working towards the understanding of, or resolution of, a problem”1 Problem based learning offers an opportunity whereby a range of vital skills such as the capability to derive informed decisions, successfully define the problem scenarios, collect and assess information associated with those problems with a view to generate logical and rational solutions; the skill and expertise to operate in an universal society through the control of a series of approaches and outlooks including elasticity and flexibility, simplicity with diversity, inspiration and perseverance, moral and social behavior, originality and inventiveness, and the aptitude to work in cooperation with others, particularly in group settings; etc, will be developed. The fundamental principle sustaining the notion of Problem Based Learning is in fact, quite older than formal education itself; meaning thereby, that education is commenced by a posed predicament, inquiry or problem which the student desires to unravel (Boud & Feletti, 1991). In the problem - based approach, intricate, bona fide, and genuine problems, similar to those encountered in the real word scenario, are used to encourage learners to classify, recognize and investigate the theories and ideologies required by them with a view to making them realize and understand the modes of approaching such problems through the attainment of critical problem solving skills. The learners are usually required to function in small ‘learning’ teams, entailing the use of cooperative expertise directed at obtaining, communicating, and incorporating necessary information. The Problem based instruction directly incorporates a range of suggested and advantageous results related to undergraduate education in particular it involves the capacity of learners to perform the following tasks with ease: Think decisively and be able to investigate, examine and decipher intricate, and factual problems, which exist and occur in the real world situations Discover, assess and utilize suitable learning resources Function agreeably in teams and other small groups Display adaptable and effectual communication skills, including oral as well as written and Employ content acquaintance and academic skills obtained at universities and / or other educational institutions with a view to become recurrent learners2 3. Role of Problem Based Learning in Law A majority of educational institutions including law schools education is imparted by means of conventional methods which involve transfer of information and basic facts regarding legal statutes as well as the manner in which it is implemented from the educators to the learners. In the conventional law curriculums, such a transfer is facilitated through discourses or large team seminars as well as through the reading of prescribed texts which are designed specifically to offer guidance regarding the common legal doctrines and ideologies. In such a conventional approach of imparting education, the learners are not offered problem situations, till they have acquired adequate knowhow, though the instructions, reference materials provided to them and other similar resources - to address and resolve them. The primary objective of such problems is to investigate whether the learner has acquired desired levels of familiarity, and understanding regarding the subject and the manner in which it is intended to be applied by them. Characteristically, the learners commence education with the application of wide-ranging doctrines learnt by them during the training and strive to apply the same to prearranged and habitually idealistic problems, which in turn would be debated and evaluated in reference materials provided and through small team seminars. PBL on the other hand assumes a vastly diverse approach and unlike the conventional approach, it places the learner at the heart of the course and overturns the customary transmissive methods of imparting training. In case of PBL, the debate and investigation of a problem commences, rather than concluding, the course of learning. A PBL problem sets out a realistic situation which addresses a host of legal concerns, topics and subjects which the learner has not yet been familiarized. The fundamental objective of such a problem is to generate responsiveness and awareness among the learners about the existence of such issues / problems, and generate curiosity within them by stressing their real-world implications. After this has been achieved, the problem then proceeds to offer the learners, a specific situation which they are required to apply in order to recognize accurately the key learning points which are essential to learn in order to comprehend the problem and deal with the various issues it raises. Legal representatives / attorneys usually have an inclination to accentuate the significance of problem-solving. Problems in conventional approaches reveal this, while stressing on counseling the client or developing a logical case for either side. From time to time, PBL too offers a similar situation wherein when the student approaches a given problem an explanation seems to appear instantaneously. However, it is essential to note that such a prompt response might be a commercial resolution which entails compensation through monetary means, or a realistic solution which entails expressing regret or even an appealingly apparent lawful answer. Although, there does exist a clear and decisive peculiarity between problem-solving as well as problem-based learning. While problem-solving on one hand refers to an imperative lawful expertise and which entails further enhancing of skills through sessions, lectures and seminars. PBL, on the other hand, refers to aspects beyond the limited purview of imparting training in closed classroom settings that offers definite guidance regarding the various methods to solve a given problem. Its chief objective is to facilitate the development of adequate knowledge and understanding of the subject. The basic aim behind a PBL problem is not limited to merely imparting of training to the learners / students regarding the appropriate manner in which clients are required to be advised regarding their odds of triumph – a situation which is quite complicated even for seasoned professionals in the real world, but also to offer them with a real-world scenarios which acts as a launch pad for gaining a broader insight and perspective regarding the comprehension of legal policies and their modus operandi. Therefore, the problems or cases encountered by the students in problem based learning approach may not be determined, or likely to be determined, which is not critical to the approach of PBL. Even as the occasions to improve and enhance problem solving skills, which are not only inevitable but are a prerequisite for achieving comprehensive skills, will be in abundance, the fundamental goal of PBL does not revolve around merely developing such skills. Practical case studies which are an essential part of PBL approach clearly accentuates the significance of learning. Thus instead of learning the legal regulations / policies hypothetically the students are offered an opportunity to learn them in a framework which illustrate their significance and applicability in realistic terms, along with the impact they are likely to have on real-life circumstances. Such an approach can be hugely supportive, both in terms of recalling the topics learnt, as well as appreciating its relevance and significance. The topics which are specific to law / legal issues taught through PBL approach help the students to think like a real professional and resolve the situations posed in front of them with utmost ease and precision. It is almost impossible for institutions offering law education / law schools to include ever single aspect related to law in its syllabus. However, they may offer adequate general information about the extensive ideologies which lie behind the law of obligations so that the learners / students would be able to handle the cases as they encounter them. Problem-based learning is a relatively better approach to accomplish such a task as compared to the other more conventional methods of imparting training and education. Since the problems provided in the course comprises of topics which are yet not learned, Problem based learning facilitates the students to focus on the basic doctrines which forms the inevitable component of law, without the risk of getting trapped in rigid technicalities or other matters concerning trivial exemptions. The choice of suitable problem scenarios is vital for achieving desired success. The basic underlying characteristics of an effective problem in a PBL setting include: • The problem primarily strive to involve and capture the attention of the learners, generate interest among them, and encourage them to investigate the scenario presented to them to facilitate development of a deeper and comprehensive understanding of the subject matter as well as the concepts and theories taught to them through training in classroom environments. The problem, must necessarily be related to the real life situations so that resolving the same would facilitate better understanding and lead to development of professional problem analysis, investigation and solving kills among the students. • Superior quality problems must be designed in such a way so as to engage the learners in arriving at logical conclusions based on specifics of the respective case, information, reasoning, and/or validation. Furthermore, the problems must necessitate the formation of appropriate definitions regarding the assumptions required to be made along with the reasons behind the same, including of applicable information, and/or the policies or procedures which are required to be implemented and devised in order to resolve the issues at hand. • The model problem must necessarily comprise of vital information which is required to arrive at a rational conclusion and to facilitate such an outcome the students / learners must be provided with adequate reference materials to ensure efficient decision making and use of proper concepts. • Finally, coordination of all the team mates is an essential pre requisite in order to solve the given problem in the most effective manner. The instructors must ensure that the length of the given problem is adequately organized so that the learners may be able to realize that categorizing and overcoming the problem at hand is not the only effective strategy that can be applied to solve the problem. 4. Groups in Problem Based Learning Groups / teams are formed for numerous reasons. One of the most frequent reasons, according to Bretcher (1994) includes facilitating individual transformation, improving learning in educational settings, facilitating residential living, and offering shared assistance. Enrolment to a team presumes that the team mates share general interests or distinctiveness. However, common sense and personal experience illustrate that individuals more often than not find themselves as a part of a team / group comprising of largely disparate individuals or working on problems which are far removed from individual principles or know-how. The PBL team is a kind of discussion group which is vital to the development of problem based learning among the law students. An ultimate PBL team usually comprises of five to seven learners and a team instructor normally known as a "tutor". The group / team organizes frequent meetings to deal with problems are the fundamental elements of a PBL curriculum. The problems so provided are genuine real world problems, which are strikingly similar to the events that occur, generally, in real life. The problems stimulate formation of several hypotheses and necessitate the implementation of information and proficiencies acquired during training for deriving rational outcomes. The students who are generally assisted by a tutor or a team instructor address such problem as a part of a collective team effort by developing a range of hypotheses, and problem definitions, and employing and implementing the knowledge acquired in formation of effective strategies and policies.3 The students are provided ample opportunities to acquire the desired levels of skills and knowhow along with the ability and competency to work in teams and apply various approaches based on training to solve the given problems. The range of variable experiences which the individuals undergo as a part of the team during the problem solving scenarios has a significant impact on the students which can prove to be beneficial to them in real life.4 Problem-based instruction has the potential of facilitating and assisting the students in acquisition and development of necessary knowhow and proficiencies to achieve success not only within the closed classroom settings in terms of higher grades but also beyond it, in the real world, where they are required to function as professionals in a larger community. The discipline, training and expertise acquired by the learners through a problem based learning approach thus comes in handy for the students as they effectively maneuver through the intricate situations posed in front of them in the real world setting. References: Uden, L., Beaumond, C., (2005). Technology and Problem Based Learning, Idea Group Inc, Pp.71 Evensen, D. H., Hmelo, C. E., Silver, C. E., (2000). Problem - Based Learning: A Research Perspective on Learning Interactions, Lawrence Erlbaum Associates, Pp. 169 - 170 Duch, B. J., Groh, S. E., Allen, D. E., (2001). The Power of Problem- Based Learning: A Practical "How to" for Teaching Undergraduate Cources in Any Discipline, Stylus Publishing, Pp. 6 Boud, D., Feletti, G., (1997). The Challenge of Problem Based Learning, Routledge, Pp. 28 Read More