Learning from learning: the dialogue of virtual and real courts : the dialogue of virtual and real courts

This paper presents ways in which lessons learned from using technology in the classroom can inform the debate on forms of electronic administration in the court process. Using document assembly techniques and email, our CBL program the Virtual Court Action emulated a civil court action, using identical personnel, legal documents and procedure. The process of a court action was thus computerised in ways very similar to the computerisation of a real court administration system. Through designing and implementing the Virtual Court Action and evaluating feedback from the students two important consequences became apparent. First, a number of critical issues regarding communication, training and work practices became much more visible than they were before. Based on the evidence we have gathered from the project, we will examine some of the positive benefits as well as the potential drawbacks which need to be considered if electronic communications among lawyers and between lawyers and courts are to become accepted practice. Secondly, it became clear that the lessons we were learning about IT in legal educational simulations could be applied to communication, training and work practices in real court situations. Taking a broader approach, we became aware that the expanding use of IT in the legal curriculum, and the increasingly sophisticated body of cognitive research into learning and professional practice could make a contribution to the research on automation of legal process. We therefore propose that the `one-way street' model of educational simulations and professional practice in which legal learning imitates professional practice could be re-defined as a dialogic model of the two domains. 13th BILETA Conference: 'The Changing

[1]  J. Lave Cultural psychology: The culture of acquisition and the practice of understanding , 1990 .

[2]  R. J. Bogumil,et al.  The reflective practitioner: How professionals think in action , 1985, Proceedings of the IEEE.

[3]  M. Eraut Developing professional knowledge and competence , 1994 .

[4]  Richard P Jones Computer Managed Teaching and Learning in Law , 1994 .

[5]  B. Dimond,et al.  Access to Justice , 1997 .

[6]  Donald A. Sch The reflective practitioner: how professionals think in action , 1983 .

[7]  L. S. Vygotskiĭ,et al.  Mind in society : the development of higher psychological processes , 1978 .

[8]  J. Stratman Investigating persuasive processes in legal discourse in real time: Cognitive biases and rhetorical strategy in appeal court briefs , 1994 .

[9]  The virtual court action: Procedural facilitation in law , 1997 .

[10]  Michael Hartmann Legal data banks, the glut of lawyers, and the German legal profession , 1993 .

[11]  A. Collins,et al.  Situated Cognition and the Culture of Learning , 1989 .

[12]  Lucy Suchman Plans and situated actions: the problem of human-machine communication , 1987 .

[13]  R. Shuy Language crimes : the use and abuse of language evidence in the courtroom , 1993 .

[14]  G. Phye Strategic transfer: A tool for academic problem solving , 1992 .

[15]  Judge Mander The Judith Report , 1993, Int. J. Law Inf. Technol..

[16]  Lucy A. Suchman,et al.  Plans and Situated Actions: The Problem of Human-Machine Communication (Learning in Doing: Social, , 1987 .

[17]  M.Ed.,et al.  Problem based learning in legal education: Intentionally overlooked or merely misunderstood , 1997 .

[18]  K. Engle Problem-Based Learning: An Approach to Medical Education , 1981 .