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Problem Solving Method in Legal Education

The problem solving method is a teaching approach that encourages students to think critically and creatively to arrive at logical solutions, particularly in legal education. While it fosters advocacy skills and independent thought, it is often slow and may not fit structured syllabi. The method has specific guidelines, advantages, and disadvantages, making it suitable for various legal contexts and problem-solving scenarios.

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63 views5 pages

Problem Solving Method in Legal Education

The problem solving method is a teaching approach that encourages students to think critically and creatively to arrive at logical solutions, particularly in legal education. While it fosters advocacy skills and independent thought, it is often slow and may not fit structured syllabi. The method has specific guidelines, advantages, and disadvantages, making it suitable for various legal contexts and problem-solving scenarios.

Uploaded by

cs2988
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

PROBLEM SOLVING METHOD

A teacher can use any method or combination of methods for


teaching. The choice of method depends on the objective of education
and circumstances or conditions for learning.
The problem solving method is generally not used in the structured
syllabus. It may not be practicable as problem solving method is slow
and time consuming. It is difficult ffor the teacher to complete the
syllabus in fixed time.
Problem solving method is also known as scientific method, as it
solves a problem scientifically. This is the method of discovering.
This is a more authentic method as the solution of problem found
by discovering. Problem solving method is a process of posing a
problem in minds of students in such a manner as to stimulate
purposeful and thoughtful thinking in arriving a logical solution.
Rule 21 of Bar Council of India also directs that every university
shall endeavor to supplement the lecture method with modern techniques
of impairing legal education and it should include problem method,
moot court, mock trail and make them compulsory.
Utility in legal education:
Problem solving method must be used in legal education because
students learn to structure problem and to explore different sources to
collect pieces of information relevant to the problem. This approach
develops skill of advocacy.
Brain storming is considered to be the first step to problem solving,
Legal problems or issues are a fertile area for problem solving.
In the solution of critical legal problem, problem solving can
solicit suggestions and opinions which may not be easily elicited in other
traditional teaching methods. It is highly recommended for critical
problems. This method allows for inhibited or independent thought. This
moves students beyond conventional or traditional solutions and mind
sets.
Objectives of problem solving
The main objectives of problem solving method are :
1. To provide opportunity for expression of thoughts.
2. Encourage students to come up with creative and radical ideas or
solutions.
3. To create problem solving ability in the students.
4. To develop practical skills.
5. To train students to solve problems I day to day life.
6. To provide a practice session for students to test their ideas.
7. To create awareness about real life problem. It may not be
practicable as problem solving method is slow and time.
Guidelines for using problem solving method
1. The teacher should ensure that problem is not too difficult for
student.
2. Student should be able to understand the problem
3. Give enough time for free flow of ideas.
4. The problem must have a purpose and focus.
5. Teacher should not ignore any student’s idea.
6. Teacher should act as a guide and provide relevant material.
7. Focusing on issues worth teaching.
8. Problem should be properly planned and delivered.
9. It should be modified by mixing it with some other method.
10. The teacher must give emphasis to the major issues in the problem
to make the student aware of the objective of problem solving.
Steps in problem solving method
There is no fixed format for problem solving method but it is flexible.
1. Identification off problem.
2. Preparation of hypothesis.
3. Collection of data.
4. Analysis and interpretation of data.
5. Drawing conclusion
Actually above mentioned steps are generally considered to be research
step but problem solving method is also a sort of small research. It has to
be completed in fixed time.
Advantages
1. It can motivate, inspire and instigate a student towards creative
thinking.
2. Brings out many ideas or suggestions.
3. Does not require any special material.
4. Helpful in free flow of ideas.
5. Students learn to formulate hypothesis
6. They learn to collect or interpret data for testing of hypothesis.
7. Create scientific attitude or temperament in the student.
8. With the help of problem solving method, students become familiar
with phenomenon around them, their application and relationship.
9. It develops a healthy relationship between teacher and student.
10. It could become a spring board for many more creative activities.
11. It provide opportunity to the student for reasoning, critical
observation, thinking, drawing inference etc.
12. It stimulates the interest and curiosity of student
Disadvantages
1. Basic concept relating to the problem has to be taught before using
this method.
2. Difficulty to complete the syllabus within the time if syllabus is
structured.
3. Conventional universities or colleges are not equipped with in using
that method.
4. It requires special resource and material. There may be difficulty in
obtaining such material.
5. Time consuming and slow.
6. Difficult for some students as each student does not have the
capacity to solve problem.
7. Requires imagination and ideas on the part of the individual
student.
8. Much emphasis is given to practical work.
9. Only skilled and trained teacher can use this method.
10. It does not provide remedial help to slow learners.
Problem solving method – useful for following purposes
1. It can be useful with procedural law. Like Crpc, CPC, Evidence
Act etc.
2. It can be an effective means to moot court competitions.
3. It can help in study and solving problems which will come in legal
literacy camps or clinics.
4. It can be used to make the students understand the application of
law in daily life.
5. It can be successfully used to make students learn to use operation
of law in given situations.
6. Useful in Lok-Adalat, Pre-litigation etc.
7. Useful in A.D.R., Arbitration, Conciliation, and Mediation etc.
In legal education following problems can be resolved by problem
solving method.
1. What could you suggest if unlawful demand of dowry is made
from a women?

2. What could you do if an unauthorized person enters in the campus?

Common questions

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In legal education, the problem-solving method can be adapted to handle specific legal issues by focusing on procedural laws like CrPC, CPC, and the Evidence Act. It can be used in moot court competitions to simulate real-life court experiences, in legal literacy camps to address issues encountered, and in ADR settings like Arbitration, Mediation, and Lok-Adalat to apply legal principles practically. This method helps students understand the application of law in daily situations and encourages them to propose real-world solutions to legal problems .

The problem-solving method has the strength of motivating and inspiring creative thinking, fostering a scientific attitude, and encouraging free flow of ideas without requiring special materials. It leads to hypothesis formulation and understanding the application of learned concepts . However, its weaknesses in a structured syllabus include the potential difficulty in covering all required material within a fixed time due to its time-consuming nature. It also demands special resources, skilled teachers, and may not be suitable for all students due to the varying capacity to solve complex problems .

The primary objectives of the problem-solving method in education include providing opportunities for the expression of thoughts, encouraging students to come up with creative and radical ideas or solutions, developing problem-solving abilities in students, fostering practical skills, training students to solve problems in daily life, offering practice sessions for students to test their ideas, and creating awareness about real-life problems .

The problem-solving method aligns with the development of advocacy skills in legal education by encouraging students to structure problems and explore various sources to collect relevant information. This approach stimulates independent thinking and nurtures the skill of advocacy needed to address legal issues. It also fosters critical thinking, which is essential in crafting potential solutions and arguments, thus enhancing the advocacy capabilities of students .

When implementing the problem-solving method, a teacher should ensure the problem is understandable and manageable for students, allow sufficient time for free flow of ideas, and ensure the problem has a clear purpose and focus. The teacher should not dismiss any student's ideas, act as a guide by providing relevant material, focus on significant teaching issues, and integrate the method with other teaching strategies. Moreover, properly planning and delivering the problem is essential, as well as emphasizing major issues within it to clarify educational objectives for the students .

Brainstorming facilitates the problem-solving method, especially in legal education, by serving as the initial step where students generate diverse ideas and suggestions critical for analyzing legal problems. It promotes uninhibited and independent thinking, enabling students to move beyond conventional solutions. This process helps highlight various perspectives and encourages creative thinking, which are crucial in the legal field for exploring comprehensive and innovative solutions to complex cases .

The potential drawbacks of using the problem-solving method in conventional educational institutions include difficulty in completing the syllabus due to its slow and time-consuming nature. It might require special resources and materials which could be hard to obtain, and it necessitates skilled and specially trained educators. Additionally, the method may not accommodate all students, particularly those who cannot effectively solve problems independently or who require remedial help, as the method often emphasizes practical over theoretical learning .

The procedural steps involved in the problem-solving method include: 1) Identification of the problem to understand the issue at hand, 2) Preparation of a hypothesis to propose possible solutions, 3) Collection of data to gather necessary information and evidence, 4) Analysis and interpretation of data to scrutinize and validate information, and 5) Drawing conclusions to resolve the problem based on analyzed data. These steps, though generally associated with research, represent a structured yet flexible approach to solving problems .

The problem-solving method can enhance the teacher-student relationship by fostering a collaborative and interactive educational environment. As teachers provide guidance and support while students engage in proposing solutions, it builds mutual respect and understanding. This engagement allows teachers to better understand students' thinking processes and provides opportunities for personalized feedback. Such interactions build a healthy academic rapport, where students feel valued and motivated to express their ideas, contributing to a well-rounded educational experience .

The problem-solving method contributes to creating a scientific attitude among students by engaging them in formulating hypotheses, collecting and interpreting data, and testing these hypotheses through analyzed evidence. This approach cultivates a mindset oriented towards logic, inquiry, and empirical analysis, fostering a deeper understanding of the phenomena around them. As students navigate through this methodological process, their curiosity is stimulated, and their ability to reason critically is enhanced, aligning closely with scientific inquiry principles .

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