Assessing Legal Research Skills: A Fresh Approach
By Eric Voigt, Faulkner University, Jones School of Law
I have asked myself many times, “Self, could my first-year law students research a legal issue without any guidance from me?” You have probably asked yourself a similar question if you teach a skills-based course. This semester, I decided to create a new assessment measure to answer my question: an online research exam.
Summary of How I Teach Legal Research
My students learn to perform legal research through multiple methods. Students first read the assigned chapters from the textbook I have authored titled Legal Research Demystified: A Step-by-Step Approach. Students then jump online and answer multiple-choice questions on Core Knowledge for Lawyers (https://coreknowledgeforlawyers.com). Core Knowledge automatically grades each answer and provides an explanation (similar to Core Grammar) to reinforce basic research concepts. Next, students complete guided research exercises using the research services and tools they just read about. During class, I discuss the commonly-missed questions and answer their questions. Last, students must apply their research skills to the open memo problem—once again, with guidance from me.
Purpose of Online Research Exam
Despite those formative assessments, I wanted a higher degree of confidence that my students could “fly the research nest” and answer a legal question on any unfamiliar issue. To that end, I am creating an online research exam that my students will take this semester. I have one primary purpose: determine whether my students could find—and understand—relevant statutes and interpretive cases without guidance from me.
Content of Online Research Exam
For my research exam, students will not simply answer questions on research concepts (e.g., What is KeyCite?). Instead, students will resolve a client’s legal question using Westlaw or Lexis Advance. Specifically, they will research state statutes and update them, including confirming their validity, checking effective dates, and reviewing amendments. They will also need to find cases that have interpreted the statutes. Last, students will synthesize the relevant rules and authorities and predict the client’s likelihood of success.
Delivery Format of Online Research Exam
Students will electronically complete my research exam directly on TWEN (The West Education Network), which is my course management system. (Next year, students will be able to complete the research exam on Carolina Academic Press’s platform, Core Knowledge.) Most of the exam contains multiple-choice questions, but it also has a few fill-in-the blank questions and one short answer question. The final question, for instance, requires students to follow CRAC principles (Conclusion-Rule-Application-Conclusion) and write a few paragraphs on whether the client would prevail.
By placing the exam online, I can include questions that build upon prior ones, allowing me to assess students’ understanding of different steps of the research process. For example, suppose a student finds the wrong statutes in response to an initial question. I could still assess whether the student understands how to update the statutes by identifying the correct statutes in subsequent questions and asking about their validity and effective dates.
Because some questions provide the answers to prior ones, I will establish certain limits. Using TWEN’s advanced options, I will prevent students from downloading the exam and viewing any subsequent question until they have answered the question on their screen (called “sequential quizzing”). I will also have TWEN grade the first selected answer for each question, so a student cannot change an answer based on what the student learns from later questions.
I will have students take the exam outside of the classroom, so they will not be limited to our eighty-minute class periods. Students will have a three-day window to start the research exam; once started, they will have three continuous hours to complete it. Students will need the extra time to discern the relevant from the irrelevant authorities, as well as more time to analyze the application of law to the client’s situation.
TWEN’s Grading Features
TWEN has several useful grading features. TWEN automatically grades the multiple-choice and fill-in-the blank questions. As to a short answer question, a professor can electronically mark each one correct or incorrect and can even assign partial credit. TWEN then tallies each student’s scores on all questions. The professor can “release” the grades for all students, allowing each student to view only his or her own grade.
Benefits of an Online Research Exam
Assigning an online research exam has multiple benefits to professors and students, such as the following:
- Professors assess students without giving up an in-person class meeting.
- Professors who assign the exam in lieu of in-person meetings (permitted under the ABA rules) could free up an entire week of classes to provide feedback on students’ draft memos.
- Professors can ascertain whether students have learned how to do “real” legal research.
- Students receive their exam grade immediately upon completion.
- Students discover any weak research skills before the deadline of the open memo.
- Students gain confidence in researching on their own and learn skills that can be applied to the open memo problem.
In short, an online research exam is a good assessment tool for first-year and upper-level students. It could be assigned in an integrated research and writing course or a stand-alone research class. If you would like a copy of my research exam, please email at firstname.lastname@example.org.