Page 10 - Manual on Teaching Methods of Law 2023
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PROBLEM METHOD on a variety of legal and non-legal materials
either provided to the students or readily
This involves a hypothetical problem available to them. The materials which can
containing a factual situation on which the be utilized to solve problems are court
students center their analysis and opinions, statutory materials, administrative
discussions. It contains facts in varying regulations, legal documents, articles, and
detail and complexity. They resemble the other materials relevant to the solving of the
type of cases lawyers face in real-life problem. Students may be required to submit
scenarios. The students are given the written answers to problems, prepare
problem in advance and they are directed to outlines of answers, or merely prepare to
come to the class prepared to discuss the discuss the problems in class. Students may
issues involved. In essence, the problem is be assigned to argue against each other in
the focus of the class discussion. Evidently, class or to serve as judges. They may work
requiring students to present their solutions alone or in teams. Problems can require
to the class and then discuss those solutions library research (even into non-legal
in class is an integral part of the method. materials) or simply some assigned pages.
There can be many variations of the problem Problems may cut across two or more fields
method. The problem may be simple, of legal subject matter.
complex, or something in between,
depending on how advanced the students are The problem method has several
and how experienced they are in problem pedagogical advantages over the traditional
analysis. The problem may be framed in the case-recitation and lecture methods of
context of litigation, negotiations, drafting, teaching. First, it simulates law practice and
or planning. The student may approach the is contemporary. It encourages active
problem in a specified role, such as participation which increases class
advocate, judge, advisor, planner, legislator, engagement. Further, it helps students learn
or law clerk. Students then select a course of important skills which are relevant to law
conduct or predict a court's decision based practice. For instance, it teaches the skill of
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