DEVELOPING STUDENTS' LEGAL PROBLEM-SOLVING

SKILLS: AN INTEGRATED MODEL

Shona M. Little and Gina M. Hefferan

Auckland University of Technology, New Zealand

It is important for business students to develop the ability to identify and analyse problems
that have legal significance. This paper discusses the results of research into a successful
problem-based approach to the development of students' legal problem-solving skills in the
third semester of a Bachelor of Business Studies degree. The course is structured to promote
"high-level engagement" with a diverse group of students, some of whom are relatively "non-
academic" (Biggs, 1999). Students were asked to identify the aspects of their learning
experiences that they believed helped them develop insights into and understandings of their
own legal problem-solving processes. Key themes and issues arising from the data were then
explored in depth using focus groups. The study highlights the importance of skilled
facilitation in creating successful learning experiences for students. Especially important
were the stimulation and challenging of student thinking, and the modelling of appropriate
analytical processes. An integrated model of the key factors contributing to the development
of process skills is presented. Implications for future development are considered.

INTRODUCTION

How can we make problem-based learning effective when student groups comprise a range of
academic and linguistic abilities? How can we achieve what Biggs (1999) terms “high-level
engagement” with these students? And how can we structure learning experiences in ways
that help students to develop the confidence, skills and knowledge necessary to solve
professional problems and become independent thinkers and learners?

High-level engagement occurs when students are actively engaged with higher cognitive
processes. According to Biggs (1999), problem-based learning promotes high-level
engagement with the learning process because it requires students to question, reflect,
analyse, theorise and generate solutions.

Woods (1997) and others have pointed out that the skills of problem-based learning do not
come easily to students and may require direct instruction as well as careful modelling. When
student groups are academically and culturally diverse, the issue of skill development
becomes an even more critical one.
106 Shona Little and Gina Hefferan

In this paper, we propose a model of problem-based learning that promotes high-level

engagement of students. The model (derived from our recent research) builds on the work of
Ryan and Quinn (1994), and integrates the principles of effective facilitation (Brookfield,
1995) and good teaching (Ramsden, 1992) with key aspects of cognitive apprenticeship
(Collins, Brown & Newman, 1989). In this model, students are carefully guided towards
greater independence while at the same time acquiring essential learning and discipline-
specific professional skills. Such a model may prove a powerful instructional tool for diverse
student groups.

CONTEXT FOR THE STUDY

The Bachelor of Business Studies (BBus) at the Auckland University of Technology has a
student-centred, vocational focus. The degree aims to prepare students for professional
practice by developing professional skills and capabilities (The Auckland University of
Technology defines 'capability' as the personal and interpersonal qualities that enable people
to take effective professional action) as well as holistic understandings of the professional
areas for which they are being prepared. As with many modern universities, our students tend
to be highly diverse in terms of academic ability, cultural background, English language
skills, motivation and educational goals.

The problem-based course which is the focus of this study is a law discipline component
embedded in the third semester of the BBus programme (IM3). The course aims to provide
students with preliminary legal problem-solving skills and legal knowledge important to
business people.

As with many disciplines, law has its own very specific approach to problem-solving. The
legal problem-solving process used in this course requires students to: analyse the facts,
frame research questions, conduct their own legal research, state the relevant law, apply that
law accurately to the facts, and reach a conclusion that is justified by the analysis. At the
heart of legal problem solving is a process of precise and thorough analytical reasoning.

In this course students are introduced to legal problem solving with a simple puzzle that is
carefully designed to parallel the legal problem-solving process. This introductory session
demonstrates to students that they already have and use many of the required analytical
reasoning skills, and thus provides a conceptual bridge between prior knowledge, existing
problem-solving behaviour and the development of discipline-specific reasoning skills. The
model is ‘fleshed out’ in terms of useful questions and lines of enquiry in subsequent
sessions.

The content of the course is based on a series of case studies that closely approximate real life
situations. These case studies are of increasing legal complexity and students engage with
them in ways that demand increasing finesse in legal reasoning. It is intended that the
outcome of this engagement will be the integration of discipline knowledge with a
developing understanding of and skill with the legal problem-solving process.
DESIGN AND IMPLEMENTATION OF THE STUDY

Both formal and informal feedback on the law component of IM3 has been consistently
positive over recent years. Such feedback, however, tends to be general and somewhat
superficial. We wished to obtain specific data about the aspects of the course that contributed
to its success. We wanted in-depth, rich data comprising student-generated concepts.

A case study design (Merriam, 1998) was used. This suited our context and our aim of
identifying students' perceptions of the aspects of their learning experiences that they
believed helped them develop legal problem-solving skills and the associated legal
knowledge. Case studies have a heuristic quality and, because of this, a potential applicability
to a wider audience.

The sample consisted of 18 student volunteers (10 female and 8 male), who represented a
cross-section of ages, cultures, and academic abilities. At the end of each class over a 10-
week period, students completed a very brief open-ended questionnaire (adapted from
Brookfield's, 1995, 'Critical Incident Questionnaire'). The aim was to identify what new
insights and understandings (if any) students believed they had gained in that session, as well
as their perceptions of particular learning experiences that contributed to those new insights
or understandings. Key themes and issues arising from this data were explored in depth, after
weeks 4 and 10, using student focus groups. All data was analysed using a modified
grounded theory approach (Merriam, 1998).

OUTCOMES OF THE STUDY

Evidence Of Course Effectiveness

The data provided clear evidence of students' development of legal problem solving and self-
directed learning skills, and the relationship of those with the integration of new discipline
content. Students highlighted a range of ways in which their legal problem-solving skills had
improved. In particular they commented on the development of their questioning skills, their
ability to focus on relevant legal issues, and the precision and depth of their analysis. They
emphasised that they were less likely to jump to conclusions, and they stated that they
understood much better the methodical nature of the legal reasoning process.

The study also provided evidence of students' increasing 'ownership' of their individual
learning processes. Students identified their increasing awareness of and insights into their
own thinking behaviours and skills. They indicated that they were actively taking
responsibility for doing the assigned pre-reading, as well as undertaking their own legal
research beyond the set texts. They highlighted the fact that they had worked through the
problems individually prior to class and commented on the pride and satisfaction this gave
them. In addition, some students were re-evaluating and reviewing their analysis after class
discussion of the case had been concluded. Students also demonstrated that they were
actively synthesizing new discipline content (for example, aspects of contract law) through
engaging with the legal problem-solving process.
108 Shona Little and Gina Hefferan

Student Perceptions Of Factors Contributing To Effective Learning

Some factors that the students highlighted were perhaps to be expected, other aspects were
both interesting and surprising. The main themes from this data are summarised below.

Very Important That It Was OK To Be Wrong

Students described how vital it was to the development of their reasoning skills that they
were never made to feel inadequate, that all reasoning was overtly valued, and that their
exploration of learning was interesting, enjoyable and challenging.

The Motivating Power Of Lecturer Enthusiasm And Commitment To Student Support

Students commented on the lecturer's ability to communicate her enthusiasm for her subject
as well as her commitment to supporting students' learning. Both attributes were viewed by
students as contributing significantly to their motivation and skill development.

The Importance Of Constant Quality Feedback

The ongoing provision of quality feedback was viewed as being crucial to students'
developing confidence as well as their actual learning. This feedback came not only from the
lecturer, but also from the high level of interaction at both the class and small group levels.

The Value Of Using A Model Of The Legal Problem-Solving Process.

Developing a legal problem-solving model and learning to use it with increasing finesse were
very important to students' learning throughout the course. Students stressed how important
the model was in helping them develop the methodical and careful analytical skills so critical
in legal problem solving.

The Value Of Creating Visual Models Of Reasoning Processes

The lecturer's use of diagrams and models was identified as particularly helpful in orienting
students' thinking. The diagram became a “visual anchor”, an important tool which guided
their ongoing analysis and their articulation of the reasoning process. This was especially
important in helping students understand the methodical nature of legal reasoning.

The Importance Of Consistency In Both Interaction And Structure

Aspects of consistency that students identified as important to their learning were:

consistency in the way the lecturer modelled the legal reasoning processes; consistency in
applying the legal problem-solving model to a case; and consistency in the structure of each
classroom session.
The Importance Of A Lecturer's Questioning And Discussion Skills

Students frequently identified the lecturer's questioning skills as vital to their learning. They
emphasised the importance of questions that guided their thinking, and helped them achieve
greater clarity in their reasoning or important shifts in perception and understanding. They
also believed that the highly interactive whole class discussions contributed considerably to
their understanding and their motivation.

The Value Of Small Group Work

Working in small groups provided a variety of important learning opportunities. Students

made particular note of how important it was that group members were able to communicate
or explain complex concepts to each other in everyday language. They valued the
opportunities for collaboration, the shared challenge and critique and the mutual insights they
gained. Small groups also provided a safe environment as well as an equal opportunity for
everyone to participate.

DISCUSSION

The student data has interesting parallels with three main bodies of theory: the importance of
skilled facilitation in establishing an effective environment for learning (Brookfield, 1995);
the features of good teaching (Ramsden, 1992), and cognitive apprenticeship (Collins, Brown
& Newman, 1989).

One of the most interesting outcomes of this study was the strength of students' emphasis on
the importance of a lecturer's personal qualities in creating an environment that fostered
learning. Key aspects of this were: the ability to create safety and trust; respect for and
valuing of all students, enthusiasm for the subject, the ability to motivate students, and a
commitment to supporting them throughout the learning process. These are the qualities and
skills of an effective facilitator (Heron, 1989). What needs to be stressed is the inevitable
impact of a lecturer's attitudes and facilitative skills on the ultimate effectiveness of students'
problem-based learning experiences. We believe this to be especially important with diverse
student groups.

The qualities noted above are also features of good teaching. The student data strongly
confirmed the importance of many principles of good teaching such as: providing high
quality feedback; ensuring that students learn actively, responsibly and cooperatively; and
encouraging student independence (Ramsden, 1992).

Biggs (1999, p. 4) identifies good teaching as that which gets "most students to use the higher
cognitive level processes". According to Collins, Brown and Newman (1989, p. 480) a key
goal of teaching is helping students "acquire and integrate cognitive and metacognitive
strategies for using, managing and discovering knowledge". If students are to become active
metacognitive participants in their learning, cognitive and metacognitive processes need to be
valued and overt. Metacognitive awareness also develops out of collaborative exploration of
learning.
110 Shona Little and Gina Hefferan

In this course, students used the legal problem-solving model to guide and monitor the
development of both cognitive and metacognitive skills. Through using the model, students
could identify where to start, how to proceed and the kinds of questions to ask themselves in
order to create direction in their reasoning. Their increasing understanding and skill with the
process contributed to successful learning outcomes and these in turn had a significant effect
on student confidence and motivation.

Throughout the study, students continued to emphasise aspects of their learning experiences
which belong under the concepts of modelling and consistency. It is clear from the student
data that consistency over a reasonable period of time is critically important if students are to
develop skills to an appropriate level of competence. By maintaining consistency of process
and format, students' attention can be more easily focussed on the reasoning processes and on
subtle analytical distinctions (for example, of law and fact). In this study students specifically
linked the consistency of their learning experiences to their developing self-confidence and
skills with the legal problem-solving process. This accords with the notion that increasingly
sophisticated concepts and skills evolve through consistent, repeated and authentic
engagement with them (Brown, Collins & Duguid, 1989). A key aspect of consistency in this
study is the way in which the legal problem-solving model is used, the model itself remains
invariant throughout the course although it is used in increasingly complex contexts.

There are interesting parallels between the student data and the concept of cognitive
apprenticeship (Brown, Collins & Duguid, 1989). Ryan and Quinn (1994) describe cognitive
apprenticeship as the pedagogy of thinking skills development, key aspects of which are
modelling, coaching, scaffolding, articulation, reflection and exploration.

Our view of modelling differs in some respects from that described in the literature on
cognitive apprenticeship. We believe these differences to be important and will therefore
discuss them in some detail. In relation to our study, there are both explicit and implicit
aspects of modelling. The process by which the lecturer engages in questioning students
provides an explicit model for the student of how to reason. This process, however, is not
solely an expert / apprenticeship relationship. It is a collaborative process which engages
students at both the cognitive and metacognitive levels. An important aspect of this process is
the modelling of the reasoning and self-questioning behaviours that help students move
beyond the many barriers, confusions and pitfalls of all learning experiences. It is highly
demotivating for students and extremely damaging of their self-confidence, if they are
allowed to flounder around in conceptual quicksand. Students need to be shown a path out of
their own confusion. This does not mean handing that path to them directly, but it does mean
helping them re-orient or shift their thinking so that the new path opens up, and they have the
opportunity to understand and develop appropriate skills with which to avoid that particular
pitfall in future.

An aspect of modelling that is implicit is the subtle way in which a lecturer might
communicate her confidence in students' abilities to successfully reason their own way
through their learning difficulties. Such communication of confidence helps build students’
trust, as well as foster sufficient self-confidence for them to engage in the risks associated
with open exploration of their thinking and reasoning processes. This in turn can become a
model for students' interactions with each other.
Several writers have noted the importance of educators modelling the key learning
behaviours and skills that they want to develop in their students. Brookfield (1995) writes
that the authenticity of such modelling is a crucial factor in establishing a teacher’s
credibility.

Our view is that modelling and coaching are integral parts of a collaborative process which
promotes high-level cognitive engagement and helps enculturate students into the thinking
and reasoning processes of the profession. Collins, Brown and Newman (1989, p. 481)
describe coaching as consisting of "observing students while they carry out a task, and
offering hints, scaffolding, feedback, modelling and new tasks aimed at bringing their
performance closer to expert performance". This relates closely to the practice in the course
under study. It is interesting to note the inclusion of modelling as part of the coaching
process. Our view is that the lecturer is one of the group and, in this capacity, models
professional behaviours. When students witness as well as participate in spontaneous legal
thinking they benefit from "legitimate peripheral participation" and gain a sense of how
expertise is made manifest in that discipline (Brown, Collins & Duguid, 1989, p. 40). With
refinement of skills, increasing confidence in the process and gradual fading of lecturer
involvement, students are led into increased autonomy (Brown, Collins & Duguid, 1989;
Ryan & Quinn, 1994).

The collaborative exploration of learning is a highly interactive process in terms of thinking

and the articulation of questions and ideas. This on-going articulation, which is conducted in
both whole class and small group settings, makes concepts overt and available for discussion
and reflection (Brown, Collins and Duguid 1989). Small group learning has its own
advantages. It has a particular propensity to give rise synergistically to insights and solutions
which students would be unlikely to derive on their own (Brown, Collins and Duguid, 1989).
It also gives opportunities to confront ineffective strategies and misconceptions (Ryan and
Quinn, 1994).

Scaffolding refers to the guidance and support that a lecturer provides for students actively
engaged in the construction of knowledge. It is a temporary means to an end - that is, the
student as independent learner. For scaffolding to be successful, a shared understanding of
and responsibility for the learning process needs to be established and maintained.

In our study, the lecturer's visual diagrams were a source of both modelling and scaffolding.
The collaborative process of constructing these diagrams modelled necessary analytical
reasoning processes, while the diagrams themselves provided scaffolding which assisted
students in sifting data and methodically dealing with the issues raised.

Our study demonstrates the importance of scaffolding in many ways. For example, in the
process of deriving the problem-solving model through metacognitive analysis of their
problem-solving behaviours, students build on legitimate prior knowledge. Brown, Collins
and Duguid (1989, p. 38) highlight the importance of establishing the "legitimacy of prior
knowledge and making it available for scaffolding in apparently unfamiliar tasks" as a
characteristic of cognitive apprenticeship. In this way confidence and motivation are built
and maintained, a shared vocabulary and learning process are acquired, and the process of
enculturation into the thinking processes of the legal discipline is begun.
112 Shona Little and Gina Hefferan

Our student data also provided insights into factors which enhanced student ownership of
their learning. It was clear that students took pride in the fact that the thinking was their own,
and were motivated to devote considerable effort to preparing for each class by doing the
prescribed reading and researching the problem. When students perceive knowledge as being
immediately useful in context, self-confidence and motivation are increased. This is one of a
range of subtle ways in which students can be encouraged to become progressively more
accountable for their learning.

AN INTEGRATED MODEL OF PROBLEM-BASED LEARNING

The integrated model of problem-based learning shown in Figure 1 is derived directly from
the research study. The foundation of this model is a 'problem-solving climate'. This consists
of 3 key elements: a positive learning environment which addresses the basic areas of safety
and trust, an overt valuing of all thinking activities as intrinsic to the learning process, and
metacognitive awareness. Within this climate, students are able to make effective use of a
discipline-specific problem-solving model to guide the learning process. Two threads run
throughout: a collaborative engagement with and effective modelling of professional
behaviours; and consistency throughout the learning process.

On this foundation, the lecturer chooses appropriate strategies to maximise collaborative

learning, support the development of problem-solving skills and encourage student
independence. Such a model is congruent with the established principles of problem-based
learning.

Figure 1. An Integrated Model of Problem-based Learning

CONCLUSION

We believe that when working with diverse groups of students, it is absolutely critical not to
forget the principles of effective facilitation and good teaching. We must not be too
concerned with developing independent learners and the guided discovery of the learning
process that we neglect basic areas of safety, trust, motivation, enthusiasm and confidence in
the learning process.

It is also vital that we harness the power of lecturer modelling in a collaborative learning
environment to promote the acquisition of professional skills and to support students in their
developing independence.

We suggest that these are the keys to creating high-level engagement and making problem-
based programmes effective with diverse student groups.

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University Press.

Brown, J. S., Collins, A. and Duguid, P. (1989). Situated Cognition and the Culture of
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Brookfield, S. (1995). Becoming a Critically Reflective Teacher, San Francisco: Jossey-Bass.

Collins, A., Brown, J. S. and Newman, S. E. (1989). Cognitive apprenticeship: teaching the
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Instruction. Essays in Honor of Robert Glaser, New Jersey: Lawrence Erlbaum.

Heron, J. (1989). The Facilitators’ Handbook. London: Kogan Page.

Merriam, S. B. (1998). Qualitative Research and Case Study Applications in Education. San
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