6 Assessment methods applicable to the various CLE models
The assessment methods applied are necessarily adapted to advance the range of objectives set for each individual CLE programme. Giddings is in support of this view, stating that "[t]he flexibility of clinical (assessment) methodologies means they can be adapted to support student learning of different kinds".70 Giddings refers to an interview with Hyams71 as part of his review of the Monash clinical programme, where Hyams "notes the problematic nature of assessment if it is "handed down like a decision without any constructive comment" … as assessment is "a vehicle of learning rather than just a handing down. The assessment assists students to do better".72
Regardless of the forms of assessment or combinations thereof chosen by clinics for their CLE courses, cognisance should be taken of the principles of assessment stated by Stuckey.73 These principles are:
Be clear about the goals of each assessment;74
Assess whether students learn what is taught (validity);75
Conduct criteria-referenced assessments, not norm-referenced (reliability);76
Use assessments to inform students of their level of professional development;77
Be sure assessment is feasible;78
Use multiple methods of assessing student learning;79
Distinguish between formative and summative assessments;80
Conduct formative assessments throughout the term;81
Conduct multiple summative assessments throughout the term, when possible;82
Ensure that summative assessments are also formative assessments;83 and
Require students to complete educational portfolios.84
6.1 Forms of assessment
The clinical assessment models already used by some South African university law clinics as well as those used in foreign jurisdictions were probed and compared in a recent study.85 These assessment methods will be discussed briefly in an effort to establish the assessment methods best suited for CLE courses in South Africa.
6.1.1 Written tests
Written tests are capable of application to the specific South African context.86 It is submitted that assessment rubrics be designed and used to allow for an even-handed assessment of all the students, specifically where clinics operate across a number of different specialised units.87
6.1.2 Spot tests, minute papers and short essay quizzes
Spot tests and minute papers can be applied successfully during student tutorials,88 but the use of short essay quizzes is discouraged due to the large student numbers clinics generally have to accommodate in South Africa.89
6.1.3 Multiple-choice quizzes
Multiple-choice quizzes can be used to assess students’ understanding of foundational doctrine.90 These can be used either before or after plenary instruction when students’ knowledge and understanding of the substantive law learnt in previous years are re-enforced for application in the clinical context.
6.1.4 In-class short-answer tests
In-class short-answer tests may be applied successfully as a revision exercise of the history on a case file during tutorials. Large student numbers and limited lecture time make this form of assessment less than convenient for application during classroom instruction or plenary sessions.91
6.1.5 Written assignments
Written assignments are useful assessment tools when students’ understanding of legal practice and court processes is tested.92 The use of assessment rubrics is recommended.93
6.1.6 Essay examination
The open-ended nature of essay examination often leads to a failure to test the skills taught in a clinical course, and grading is likely to be inconsistent.94
6.1.7 Oral examination
Oral examination is an ideal form of assessment, as clinicians can test what students have learnt across a wider scope and in more detail.95
6.1.8 Reflective journals
Reflective journals can be successfully required in the South African clinical context, but clinical directors should heed the challenges of having to deal with large student numbers and the time constraints clinicians often experience.96
6.1.9 Self-evaluation and peer evaluation
Self-evaluations are useful formative assessment tools for both students and clinicians,97 specifically where students work with a partner. These evaluations can form part of a tutorial session where clinicians will be able to distinguishing between the approaches of the student partners.98 Peer evaluations are particularly useful when students do group work or operate in student firms.99
6.1.10 Client evaluation
Chavkin states that "clients have enough to deal with in their lives"100 and they might view participation in reviews "as a condition of future service by the clinic". Clients may therefore complete questionnaires in a manner that is not intended to offend the student counselors to whom they entrust their legal problems.101 Client evaluations are not recommended.
6.1.11 Case file work assessment
Case file work assessment is essential in CLE courses.102 It covers the complete range of skills students need to enable them to assist clients and proceed with their cases.103 It is suggested that assessment rubrics be used when assessing case file work.
7 Conclusion
It has been shown that CLE forms part of the LLB curriculum at most South African Universities. There are many similarities in the approach to CLE, but often also many differences. The clinical models of four South African university law clinics have been reviewed in an effort to find suitable models. Formulating a mission for the law clinic will have a direct impact on the clinical model chosen.
CLE courses are taught at university law clinics and it has been shown that the integration of CLE into the core curriculum of the law school will reveal its value as a teaching methodology. Pedagogic aims can be set and achieved, as CLE has intellectual worth in that it enables students to better understand the concepts and principles of law and the application thereof in practice. It is recommended that CLE courses be mandatory.
The pedagogy of CLE comprise of three basic components, namely the clinical experience, tutorial sessions and the classroom instruction. The extent to which these three components find application in the four South African university law clinics under review has been indicated.
The principles informing assessment have been described. Assessment methods appropriate for application in CLE courses, as indicated in a comprehensive study of the topic,104 have been discussed as to their applicability to CLE courses in the South African environment.
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LIST OF ABBREVIATIONS
ACCLE
|
Association for Canadian Clinical Legal Education
|
ALS
|
Applied Legal Studies
|
BABSEA CLE
|
Bridges Across Borders Southeast Asia Community Legal Education Initiative
|
CLE
|
Clinical Legal Education
|
CLEA
|
Clinical Legal Education Association
|
CLEO
|
Clinical Legal Education Organisation
|
Clin L Rev
|
Clinical Law Review
|
Elon L Rev
|
Elon Law Review
|
ENCLE
|
European Network for Clinical Legal Education
|
Fordham Int'l LJ
|
Fordham International Law Journal
|
GLR
|
Griffith Law Review
|
IJCLE
|
International Journal of Clinical Legal Education
|
JALWD
|
Journal of the Association of Legal Writing Directors
|
JCLE
|
Journal of Clinical Legal Education
|
JJS
|
Journal for Juridical Science
|
LG
|
Learning Guide
|
PLS
|
Practical Legal Studies
|
San Diego L Rev
|
San Diego Law Review
|
SAULCA
|
South African University Law Clinics Association
|
SG
|
Study Guide
|
Stell L Rev
|
Stellenbosch Law Review
|
UFSLC
|
University of the Free State Law Clinic
|
UJ
|
University of Johannesburg
|
UJLC
|
University of Johannesburg Law Clinic
|
UPLC
|
University of Pretoria Law Clinic
|
WLC
|
Wits Law Clinic
|
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