Civ Pro by
accident?
Interactive book brings a first-year
classic alive through active learning
››
FACULTY RESEARCH
Learning by doing
What exactly is “active learning”? The
premise of active learning is that people learn
best by doing. In other words, it is the opposite
of a lecture where students simply sit and listen.
If you think about it, active learning should make
sense—when you are passively listening, it can be
difficult not only to stay engaged, but also to “get”
the material being conveyed. On the other hand,
if you are engaged in material and understand
the concepts, you are more likely to retain the
information learned.
We have received very positive feedback when
we engage students in a variety of active learning
exercises in class. In fact, students who are not
registered for our courses have signed up for our
online “courses” to utilize this unique approach.
So, how do “accidents” play a critical role in a
book on civil procedure? The book uses a recurring
scenario involving an adventurous roller-blader
named Christine, whose unfortunate mishaps form
the basis for closer examination of civil procedure
law. These accidents provide a context to examine
a variety of litigation concepts in a simplified way.
By focusing on one incident, students are not
required to learn new facts; they will instead be
actively engaged by the dynamic and interactive
questions and learn the fundamentals of civil
procedure in the process—or “by accident.” (At
the very least, they won’t feel imprisoned in civil
procedure hell.)
By providing creative ways for students
to understand the basics of civil procedure,
instructors who use at least a portion of our
book can devote more time in class to advanced
activities such as complaint drafting, motion
practice, or policy consideration. Our book will
include many assessment questions, as well
as a method to transmit student performance
to the instructor. Because the book provides
individualized feedback, it can be an effective
method of learning for students even if the book
is not a course requirement.
We are collaborating with Susan Gilles
at Capital University Law School, our coauthor,
on additional scenarios for Chris, our adventurous
roller-blader, as well as on interesting and
interactive questions that will improve retention
and foster understanding of complex concepts.
We welcome your feedback or suggestions for a
clever book title.
■
T
here may seem nothing accidental
about learning civil procedure.
To many first-year students, sitting
through a required course with
seemingly disconnected, muddled,
and byzantine rules feels more like an intentional
infliction of emotional distress. Although we
both enjoy teaching a Civil Procedure course,
we are well aware that it is one of the toughest
first-year classes to master, and it is particularly
challenging for students without prior legal
exposure (beyond the movie
Legally Blonde
). Some
students find the subject matter too complex and
give up easily. Our goal is to make civil procedure
more manageable—for our law students and
students around the country—with the aid of an
interactive book.
The book, which will be published by Carolina
Press next year, will be available on an Internet
platform—a computer, tablet, or smart phone.
Although a few law books are e-compatible,
ours will be truly interactive in helping students
understand and possibly even enjoy (or, at
least not begrudge) civil procedure. How is that
possible? Well, we will apply well-established
educational principles of “active learning” in a
unique way using a digital platform.
Our book teaches all the basics of civil
procedure, as well as key legal skills that are
currently underdeveloped in existing commercial
study guides. In particular, we reinforce the skill
of effectively reading statutes and rules (such as
the Federal Rules of Civil Procedure). Unlike some
existing resources that simply tell students “the
law,” and sometimes simplify concepts to the point
of inaccuracy, we train students in the lifelong skill
of dissecting rules as well as cases. Although there
are existing resources and tips about case briefing,
they often are inapplicable to civil procedure, so
we have created our own tips. In areas where we
know students struggle, such as the question
of what state (personal jurisdiction) is proper
for a suit, we introduce new ways to approach
seemingly irreconcilable cases.
Appealing to various
learning styles
We have also developed new types of
questions that help students with different
learning styles. For example, for visual learners,
we provide diagrams, as well as questions
that use maps to illustrate “jurisdictional” issues
(such as where the case can be filed based on
“subject matter” or “personal jurisdiction”).
Alternatively, for kinesthetic learners who
understand information best by moving and
doing, we include a variety of what we call “drag
and drop” questions that require students to do
advanced forms of matching, balancing of
factors, and grouping of relevant categories. For
complex material, we offer students the option
to receive a “tip” before answering.
Cynthia Ho
is the Clifford E. Vickrey
Research Professor, associate
dean of faculty research and
development, and director of the
Intellectual Property Program at
Loyola University Chicago School
of Law. She teaches courses in
Intellectual Property as well as Civil
Procedure. Her research interests often focus on the intersection
of patents and health policy, including access to medicine in the
domestic and global contexts (cho@luc.edu).
Angela Upchurch
is a Loyola
University Chicago School of
Law graduate and professor
of law at Capital University Law
School in Columbus, Ohio, where
she teaches Civil Procedure,
Dispute Resolution, Children and
Family Law, and Adoption Law. Her research interests include
procedural law, dispute resolution systems, and children and
family law issues (aupchurch@law.capital.edu).
By Professors Cynthia Ho and Angela Upchurch (BA ’98, JD ’01)
FALL 2013
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LOYOLA LAW
