Prepared for Practice? Assessment for the Bar, 1975 – 2015 Nigel Duncan Professor of Legal Education

Compulsory: General Paper I: A.Tort B.Criminal Law General Paper II: A.Equity and Trusts B.Remedies for Breach of Contract Civil and Criminal Procedure and Evidence Options: Revenue Law Local Government and Planning Conflict of Laws Law of International Trade Public International Law Roman-Dutch Law Conflict of Laws and European Community Law Labour Law and Social Security Law Family Law Landlord and Tenant Sale of Goods and Hire Purchase Practical Conveyancing Bar Part II Examinations 1975

Legal Knowledge Keeps about as well as fish

Most questions simply ask candidate to advise client. General Papers I and II require advice plus drafting of statements of claim, indictments, etc.. Some Option papers have a compulsory drafting element.

In 1975: 3-hour closed book unseen examinations. Most require application of substantive and procedural law. Mostly problem questions, with some short-answer questions. General Papers require drafting skills. No advocacy or conference skills. assessments.

Bar Professional Training Course 2015: Closed Book Assessments: 1.Civil Litigation and Evidence 2.Criminal Litigation and Evidence 3.Professional Ethics 4.Alternative Dispute Resolution (multiple-choice and short-answer questions) Open Book Assessments: 1.Opinion writing 2.Drafting. Simulated Assessments: Advocacy: Civil submissions Cross-examination Examination in chief Conference skills Two Option assessments Plus Live Clinical Options

Constructive Alignment

1975: Diet of lectures and tutorials. Compulsory Practical Exercises in Advocacy and Drafting Six 3-hour closed-book written examinations Mostly problem-based with fixed sets of facts.

2015, City Law School: Varied diet of assessments: 1: Closed-book assessments (multiple-choice and short answer questions) Large and (predominantly) Small Group work. Q&A, discussions, role-play of conferences or mediations, practice at MCQ and SAQs. Issues considered through realistic problems – integrating knowledge and skills Supported by Moodle exercises, mock assessments, etc..

2015, City Law School: Varied diet of assessments: 2. Open-book assessments in Drafting and Opinion Writing Podcasts plus some Large Group work. Mostly Small Group work with realistic sets of papers. Students required to bring work to every class for peer and tutor feedback. Formal Feedback (twice) with detailed individual criterion- referenced feedback.

2015, City Law School: Varied diet of assessments: 3. Simulated assessments (live recorded with actors) Small Group work (mostly 6 students) progressively developing advocacy or conference skills through role play. Regular feedback in class – opportunities for recording further practice – Formal Feedback with detailed individual feedback.

2015, City Law School: Varied diet of assessments: 4. Options Large and Small Group work introducing substantive law and procedure in the field. Students bring Opinions or Drafts for feedback in class. Clinical Options: students take on real cases and submit portfolios of work for assessment.

Confidence in the Outcomes assessments Established by the degree of constructive alignment and the development of an integrated spiral curriculum in which students progressively develop their skills and understanding together.

Contact: Nigel Duncan Further reading: Duncan, N. (2015). “Representation: Objectivity and Artistry for Trainee Lawyers”, in N. Courtney; C. Poulsen & C. Stylios (Eds.) (2015). Case Based Teaching and Learning for the 21 st Century, (pp ). Faringdon, Oxfordshire: Libri Publishing, available for free download at: