1. Vivas as an assessment tool by Jenny Henry
A consideration of the role of the viva voce as a sole assessment method in undergraduate legal education and its potential for the enhancement of learning and development of employability skills

2. Student feedback on using a viva as a 100% assessment method
‘One of the best experiences I have encountered during my university time’ 'Nerve-racking experience’
I’m here to discuss vivas as an assessment tool including being used as a 100% assessment tool.
On carrying out research regarding this this year..one of the student described it as ‘One of the best experiences I have encountered during my university time’. You might respond..well they should get out more…but it reflects the enthusiasm many had ..Others described it as a nerve-racking.although as you'll see said they were happy when it was over…(reminiscent of child birth??)

3. Vivas as an assessment tool Jenny Henry
Why I have started using them
How I use them
Effectiveness as an assessment method

4. Enhancing the student learning experience
Student enhancement includes assessment
Vivas as an assessment tool
Interesting as these are not the norm in legal education
Background-Law Programmes at St Mary’s introduced in 2011 for Employment Law, Tort and EU Law
Currently used for Employment Law (Level 6 100% of assessment) and Tort (Level 5 50%)

5. My experience of this assessment method
‘Inherited’ my colleague Chris Hull’s Employment Law module with this 100% viva question. In other institutions, I have assessed similar modules with more traditional coursework and exam.
The first cohort ( ) comprised 51 (42 LLB/Business Law, 9 non-law students eg Management Studies)
The next cohort ( ) comprised 25 students (22 LLB/Business Law, 4 non-law students).
This year ( ) comprised 39, (38 LLB/ Business Law, 1 non-law student)
Just using my experience therefore as a limited case study

6. Rationale for using this assessment method includes:
Learning outcomes for module are predominately focused on problem solving abilities
Follow up questions can probe students’ understanding
Encourages students to develop a deep understanding of the topic
Some neurodiverse students eg with dyslexia/dyspraxia may be able to express themselves more effectively orally than in writing
Learning outcomes for module are predominately focused on problem solving abilities
Follow up questions can probe the limits of the student’s understanding
In legal practice-the ability to listen and respond to a client’s/employment judge’s questions is crucial
Encourages students to develop a deep understanding of the topic in anticipation of being asked questions in the viva

7. Rationale for using this assessment method includes:
Employability skills
In legal practice- ability to listen and respond to a client’s/employment judge’s questions is crucial
Many interviews/assessment days comprise presentations where questions are asked. This could supplement the work carried out by Careers and aim to increase skills/confidence

8. Employment Law Viva Assessment
This comprises:
5 compulsory problem questions based on one overall scenario
100% of the assessment
30 minutes
No notes allowed
No drafts/plans looked at in advance

9. Considerations-Teaching style
In order to provide formative feedback and prepare them for the vivas most seminars were in the style of practice vivas
Students peer assessed initially using a suggested checklist of the answer given by me as an aid
This was followed by a whole group plenary
Reduced those conversations with myself..ask a q..silence…. Would put in pairs all silence ..once I said start..whole group animated..similar teaching methods to LPC post grad course which is mostly student led .

10. Considerations-Teaching style
Advantages-increased student participation and active learning to which Gibbs (2010) asserts ‘facilitates deep and independent learning’
This year’s cohort-a higher level of attendance and engagement amongst cohort
Provides feedback from peers, lecturer and can ‘flip’ seminar and have students take viva and ask lecturer the questions

11. Considerations-Marking Issues
Equity of marking
I used a detailed marking outline scheme to assist with reliability of marking and consistency
Time needed to carry out assessment
I allocated 40 minutes per student (30 mins assessment and 10 minutes to mark)
For the first cohort (51) this took 6 days to assess
I used a detailed marking outline scheme-good for defending any challenges to grade and also to assist makreker due to volume of students
Onerous marking This took 6 days to assess…still then was done.

12. Performance and feedback
Student feedback-100% stated on module evaluation forms that they enjoyed the module.
Small minority did not like 100% assessment
No student stated that they did not like the viva assessment
Student performance was very good overall
Non law 4/8 = 1sts
Others 4/40 = 1st
19=2:1s
8=2:2s
5=3rds
1 fail (didn't attend any classes or read lecture notes)
Several students saw me at graduation and afterwards and told me they’ enjoyed.

13. Questionnaire on Vivas by C Hull
24 questions, Likert scale
Response rate 33% (18/54)
Male 9 / Female 9
Age 11(18-21), 5(22-25), 2(26-29)
Feedback:
Explanation and understanding: 83% agree
Appropriate time to prepare: 94% agree
Had to prepare more: 39% agree, 39% disagree
Deeper learning: 72% agree, 6% disagree
Take in notes: 56% agree, 28% disagree
Viva over written: 61% agree, 6% disagree
Viva over other oral: 39% agree, 22% disagree
Learnt a transferable skill: 83% agree, 6% disagree
Of note: 61% prefer viva over written
22% other oral over viva 39% prefer viva over other oral exam
83% learnt a transferable skill…so useful for employability. Can mention on cv useful for eg preparing for job interviews/assessment days.
NB CH Wrote paper: Hull, C. (2015) ‘Viva voce as an assessment method in undergraduate legal education’. Association of Law Teachers, 50 years of assessing legal education, ICSL, 29th January Based on his experience of viva assessments (pre )

14. Questionnaire by me given to 2015-16 cohort
33 questions, Likert scale
Response rate 64% (16/25)
Male 7, Female 9
Age 9 (18-21), 6 (22-25), 1 (45-50)
Feedback:
Understanding of learning outcomes being assessed 100%

15. Questionnaire given to 2015-16 cohort
Explanation clear? 94%
Sufficient time to prepare? 100%
More preparation? 44% agreed,44% disagreed
Deeper learning? 88% agreed (rest ‘not sure’)
Take in notes? 56% agreed, 19% disagreed
Viva over written? 56% agreed
Viva over other oral? 38% agreed,12% disagreed
i.e. whether had to prepare more for this than for another assessment with a similar weighting ie 100%

16. Questionnaire given to 2015-16 cohort
Nervous before viva? 75% agreed
Being asked qs helped me feel less nervous? 94% agreed
Learnt a transferable skill? 94% (others ‘not sure’)
Has this increased your confidence for similar tasks eg interview/assessment days? 81% Yes
Has this increased your confidence? In taking part in similar tasks when applying for a job eg an interview assessment day? ST mary’s ahas had recent success eg at Aspiring Solicitors' commercial awareness competition . One student in winning team this year, last year a team reached the final. Assessments such as this give the students the edge. They had both had taken part in the tort viva at Level 5.

17. Questionnaire given to 2015-16 cohort
'It was one of the best experiences I have encountered during my university time. It made me more confident in talking about the relevant law and improved my knowledge greatly as I still remember everything I was assessed on.'
'I was extremely nervous before completing the viva voce however the module convenor helped me feel calm by asking questions as it aided me to remember some points'.

18. Questionnaire given to 2015-16 cohort
'An interesting choice of assessment'.
'Good experience very helpful skills learned'.
'Nerve racking experience but felt relieved and happy when it was over'.
'It was different to what I am used to. I liked the different challenge and would rather prepare for vivas than write essays.‘
' Challenging and exciting. As long as you are well prepared it goes smoothly'

19. Lessons from Oz?
Research of pilot study in a similar use of vivas in assessing Contract Law by Butler & Wiseman, Faculty of Law, Queensland University of Technology (© (1993) 4 Legal Educ Rev 331) found similar results.
100% would choose viva in other subjects
96% thought improved their understanding
‘Vivas’ critical contribution is ability to probe the limits of the student’s understanding’
The universal feeling among the members of the Contract Law teaching team, though, was that the present investment in staff time was justified when considering the undoubted benefits in providing a unique setting for students to display the full extent of their knowledge and understanding and to develop their skills of oral expression. In addition, it was clear that the vivas achieved the objective of engendering the reading of cases as a means of learning and understanding the law. Perhaps the full benefits received by students are best summed up in the words of one of the participants:
“I believe this form of examination should be available as an alternative in all subject areas. It’s such an effective way of learning and gives you confidence in talking about the law, which many of us are yet to develop.”
Every student that participated in the viva programme indicated that they would choose to do a viva in other subjects
96% of the respondents believed that doing a viva improved their understanding of the material covered.
Do vivas provide a better forum for assessing understanding than other forms of assessment such as written assignment and examinations? Perhaps the critical contribution of the viva is the examiners’ capacity to probe the limits of students’ understanding through supplementary or follow up questions.15 By posing such questions, we found the oral examination particularly effective for measuring levels of understanding and hence of distinguishing between the good, the very good and the excellent student.

20. My reflections on vivas as assessment
This was a challenging assessment which students were aware of prepared accordingly
Involved most topics covered in the module
Students commented hard work but enjoyed
Students were highly engaged in an active way
Some students performed better than they normally seem to do with written assessments
This is a useful transferable skill
Does not assess students’ written skills but this can done via other modules
Most rose to the occasion
Involved most topics covered in the module-cant cherry pick-good
Students were highly engaged in an active way-I liked its interactive nature-compare to the tennis hall exam experience.
This is a useful transferable skill

21. Conclusion
This is a viable alternative assessment which can enhance the student experience and potentially increase skills relating to employability
Students were highly engaged in an active way
Important to adjust teaching style and take care with assessment design
Need to make sure assessment of written skills is covered in other modules
I support a variety of assessment methods to enhance the students experience and develop employability skills and feel there is a place for vivas on law programmes