Developing a computer tool to train law students to solve cases in administrative law

نویسنده

  • Antoinette J. Muntjewerff
چکیده

A common approach in teaching law is to make use of invented cases which have to be solved by students. This is seen as a method of learning the basic legal concepts in a certain field. The problem with this way of teaching is that teachers do not instruct students in how to solve cases in general nor how to solve cases in a specific area. There also is not enough time in the regular curriculum to learn to master this skill of solving cases. The lack of an explicit method has resulted in research to develop a method of solving cases and implement it in an intelligent teaching system (ITS). Students are instructed in the use of the system and have to solve cases using the explicit method. The program will not give instruction. The program has the function of a coach who watches the student solving cases and will interfere when necessary. The domain is administrative law, more specific the AROB procedure (a procedure in which civilians can make a complaint against a decision of a governmental authority). In this article some issues involved in the building of such a system for legal education will be discussed. The use of cases in legal education Burgomaster and aldermen of Maastricht have decided by decree of 30 July 1981, to grant permission to the Bowl corporation in Maastri&t, under clause 56 of the Housing Act, to use the house at Looiersgracht number 12 as an office. This is under the condition that the corporation makes suitable for residence (for one and two person households) the office at Looiersgracht number 8 which is in ownership of the Bowl corporation. The Provincial Corporation for Mental Health in Limburg which gas an office at Looiersgracht number 8 is very much opposed to the decision of the Burgomaster and aldermen. What actions can they take and at which moment? Legal problem solving is a common method used in Dutch legal education. The function of such a specific legal problem is to learn to apply legal concepts, doctrine and statutes (and specific clauses within them). The legal cases are used as a particular problem situation for which a student has to find a juridically sound solution. The problem is however that although cases have a central place in legal education (and examination) a lot of teachers do not teach students the meaning of cases nor do they teach how to solve a case. Some research has taken place in the Netherlands on legal case solving (Crombag, 1972, Crombag, 1977; Abas, 1985; Abas and Broekers-Knol, 1985). The idea behind that research is to develop an instructional method to teach students how to solve legal cases. This literature and my own experiences in legal education as a law student have led to the idea that legal education is in need of a way to teach students explicitly how to solve a case. Next to that 9th BILETA Conference Building Systems 1st & 2nd April 1993 John Moores University Liverpool Page 1 of 5 Muntjewerff 03/04/2005 http://www.bileta.ac.uk/93papers/muntjew.html students need to spend some time to get skilled in solving legal cases. Because there is no time in the formal curriculum to spend on training students in this skill a computer tool could be a way out. Because cases are solved within a specific legal domain a choice had to be made. The domain chosen is administrative law, more specifically the AROB procedure (a procedure in which civilians can file a complaint against a decision of a governmental authority). This procedure is a very important procedure in legal practice. Within the study of administrative law a lot of attention is given to the AROB-procedure because of the complexity of the subjed matter and its social significance. Student results are moderate. Another important aspect of choosing this domain is that the administrative law staff is willing to cooperate. Towards a tool for training legal case solving If you plan to develop a training tool that is able to assist students to solve cases in administrative law, what kind of decisions are there to be made? A choice is made to develop a coaching system instead of developing a Computer Assisted Instruction program (CAI). The standard control structure of CAl is branching, the answer of a student refers directly to a certain screen. This makes CAI programs less flexible in their interaction with students than Intelligent Tutoring Systems (ITSs). The structure of an ITS makes it possible to see to a more flexible interaction with the student. An ITS is a knowledge based system for education. An ITS is developed using Artificial Intelligence (AI) techniques (Sleeman, 1982). Almost all ITS's are coaching systems. Coaching systems support the training of tasks. A coaching system will not give instruction. It watches the student perform a task and will interfere when necessary. Besides the considerations mentioned earlier there are also some demands for the domain and the task if you want to develop a coaching system in a certain area. Some of these considerations are: is the domain well structured and documented? Is the knowledge in the domain supported by a theory? Are there explicit methods used in the domain? Are there not too many different concepts used in the domain? What kind of task is it? Is it a difficult and often performed task (Steels, 1992)? In developing the training tool the following plan of action is followed. A lot of consideration is given to the Analysis phase (Newell, 1982; Breuker, 1987; Steels, 1992)

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

Interpretive study of the role of the verses of enjoining good and forbidding evil in developing a law-abiding spirit

Enjoining good and forbidding evil can be analyzed from various aspects. The present article seeks to explain the relationship between these two duties and the rule of law by relying on complete interpretation of the verses of enjoining good and forbidding evil and the guidelines of infallible figures. The more we adhere to the commandment of the good and the prohibition of the evil, the more w...

متن کامل

The Role of Judicial Procedure Courts in the Development of Iranian Administrative Law

 Today, in leading administrative law systems, the judicial process along with the law is the most important source of legal rules, and the law alone can not feed the legal system. Although in the administrative law system of Iran, the use of judicial procedure has often been considered as a source and interpretation of the law and not as the main source, but the role of administrative courts, ...

متن کامل

The Necessity of Prior Notice in Administrative Decisions by looking at French law

The right to be heard as one of the main elements of the principle of right of defense,is one of the important rights that, particularly in recent decades, has been taken into consideration in administrative law, and plays a special role in protecting the rights and interests of citizens affected by administrative decisions. It should be noted that this principle and the necessity of its observ...

متن کامل

Application of Benford’s Law in Analyzing Geotechnical Data

Benford’s law predicts the frequency of the first digit of numbers met in a wide range of naturally occurring phenomena. In data sets, following Benford’s law, numbers are started with a small leading digit more often than those with a large leading digit. This law can be used as a tool for detecting fraud and abnormally in the number sets and any fabricated number sets. This can be used as an ...

متن کامل

نظام اثبات دعوا در دادرسی اداری

Law of evidence in administrative proceeding, has an undeniable significance to guarantee citizens’ rights and freedoms and to guarantee the principle of “Rule of Law” . By predicting the system of  free law of evidence in administrative proceeding, this opportunity will be provided for citizens to use all reasonable evidences to reach their rights and get disengaged from...

متن کامل

ذخیره در منابع من


  با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

عنوان ژورنال:

دوره   شماره 

صفحات  -

تاریخ انتشار 1981