Learning Law Orientation: August 16, 2006

5. Professional expertise 4. Prescriptive vs. Exploratory 3. Limited context vs. Unlimited context 2. Hearing vs. Understanding 1. Recognition vs. Recall

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

Cognitive Theory: Piaget Functions (Same for everyone) Adaptation Assimilation Accommodation Organization Schemata [Knowledge cluster]

Assimilation Requires Attention College of Law: Assimilation Requires Attention 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.

Remembering & Forgetting:

Remembering & Forgetting: 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) Ways of Remembering: Decrease interference Rested Stay connected Set times: study & play Increase focus Take notes & review Create meaning link Storage Organize by use Talk about concepts and apply to people or creative stories.

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.

Attention & Adaptation: Perceived Importance* *Concept developed by William Purkey

Attention & Adaptation: Perceived Importance

Attention & Adaptation: Perceived Importance

Attention & Adaptation: Perceived Importance

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.

Study Steps: Assimilation & Accommodation 7-10 repetitions = long term memory 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

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

Study Goals: Process Focus on questions your professors ask 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.

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?

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

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

Choosing a Format 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.

Preliminary Questions 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

Go to all classes Recommended Strategies: 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

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.