“Lacks control of language” — This is one of those feedback comments that sounds incisive and succinct to us writing instructors but which, for non-native English speakers, is actually very subjective. It describes a writer who isn’t communicating her ideas in a clear or accurate manner.
In my writing work with LLM students, we work on the fundamentals of IRAC-style essays in the context of law school exams. And I work with my students on an idea we call “mirroring,” which means that certain key words from the Rule section need to also be present in the Analysis section. And those words then need to be equated with key facts to demonstrate that such facts do or do not meet the standard set by the Rule.
However, connecting rules and facts in one sentence frequently requires students to have the grammar to connect their ideas. Otherwise, the sentences come out as separate, seemingly disconnected statements. That is, they lack control of their writing. Also, when students lack confidence in their control of their writing, they often avoid the language they need to connect rule and facts, and the Analysis can end up just being a recitation of the facts followed by a leap to a conclusion. Continue reading →
Given that motivation is cited as one of the keys (along with aptitude) to language learning, I’ve been thinking a lot about student motivation and buy-in in connection with developing and teaching legal English curriculum to LLM students. I’ve also been thinking about grammar and how to help students improve. So when we decided to add an additional ALDA class on Fridays this semester (and that I would be teaching it), I decided to try and tackle both of these topics in one semester-long effort.
Friday Field Trips
Each semester I’ve made it a point to devote three or so classes to field trips: One to federal court, one to state court, and one to a law firm. In the past, we’ve also done trips to the United Nations and the Court of International Trade. The students, needless to say, love these trips. But they also are a fantastic way to build background knowledge for the students. And of course field trips provoke a basis, desire and motivation for learning more.
So this semester I’ve set a schedule of one field trip every two weeks. The first will be to the Supreme Court in Queens County to visit a judge whose clerk is a St. John’s Law School alumnus. Additionally, we plan to visit both federal and state courts (to watch trials, motions, jury selection, etc.) as well as a police station, a couple different types of law firms (large and small), Queens Legal Services, and the United Nations. The biggest development, however, has been that as LLM students not in my ALDA classes have learned about them, they too have expressed interest in joining along for the Friday Field Trips. And from my perspective, the more the merrier and the better overall experience it will be. Continue reading →
It sounds a bit counter-intuitive, but is it possible that a number of grammar issues we see in LLM student writing could be addressed by listening practice?
Missing articles. Incorrect prepositions. Dropping an “s” at the end of a plural noun or third-person verb.
What do all of these have in common? They’re all soft, unstressed sounds that are often reduced and connected with sounds from other nearby words. Say the previous two sentences aloud and notice which sounds are stressed clearly and which ones are soft, reduced, or connected.
Why does this matter? Because being a native speaker of a language essentially boils down to knowing what sounds right. Articles and prepositions in particular are notoriously challenging to teach in accordance with clear rules. They are very arbitrary and capricious, and if you look at article and preposition usage in other languages, you quickly see that. Did we learn how to use all these small words by studying rules? No, of course not. We just had a lot of exposure to what sounds right and it’s jarring to our ears when it sounds wrong.
So how can listening practice help? If LLM students hear these sounds, then it’s more likely that the voice inside their head will absorb them and start to incorporate them. The problem, however, is that because these are often soft sounds, students do not absorb them and incorporate them. When they are listening to professors or classmates or a tv show, they’re focused on the main content. Their ears are not attuned to the soft sounds if they aren’t already on the students’ radars. Continue reading →
Defendant contends that it was a “unilateral offer” which could be withdrawn at any time without notice.
A student correctly pointed out that present tense was being used. But then I asked, “Where’s the question in this statement?” The students talked for a minute and quickly concluded that that statement really didn’t belong in the Issue section.
Next question: So where does it belong? And more importantly, how do you know?
One student suggested the Facts section since it seemed to be providing information about one of the parties to the case. So I then asked, what tense do we generally find in the Facts? Past tense, yet this is present.
Also: When do the facts happen? In the past, before the trial starts. What does “contend” mean? Argue. When do you argue? During the trial. Hence, this sentence should not be in the Facts section. Continue reading →