Reading Strategies and Challenges in Case Law Comprehension for Law Students
Abstract
Reading is considered one of the most complex skills that any students need to acquire in ensuring their success in the academic world. For law students, the bulk of the reading materials come from legal cases or case law. While law students are duty-bound to read cases, cases are challenging to read. Thus, this paper examines the reading processing strategies used by law students when reading the case law and the challenges that they faced when reading the case law. The study is a case study and qualitative in nature. Think aloud approach was used in collecting the main data as this approach allows the researcher to tap into the minds of the participants in this research. The think aloud data of the participants was transcribed and analysed for reading processing strategies. A post-interview was also conducted to follow up on the challenges that the participants faced while reading the case law. The study revealed that most students predominantly used the default reading strategies with varying emphasis on problematising, rhetorical and other reading strategies. Law students also faced significant challenges in navigating legal terminology, identifying and understanding case principle and statue, and applying background knowledge effectively.
References
Ariffin, A. (2010). The reading of legal cases by law undergraduates: Some problems and suggestions. Procedia - Social and Behavioural Sciences, 134, 109–118. https://doi.org/10.1016/j.sbspro.2014.04.228
Ariffin, A. (2013). The challenges in the reading of legal cases: Students' perspectives. In Developing Roles of Language in a Multi-faceted Society. Proceedings of the International Conference on Languages, Linguistics and Society. https://irep.iium.edu.my/36236/1/P102_Adlina_Ariffin_%28The_Challenges_in_the_Reading_of_Legal_Cases_-_Students%27_Perspective%29.pdf
Bangeni, B. (2024). Reading (in) law: A critical appraisal of the impact of language on disciplinary novices’ cognitive reading strategies. Language & Communication, 94, 69–84. https://doi.org/10.1016/j.langcom.2023.12.001
Bråten, I., & Samuelstuen, M. S. (2004). Does the influence of reading purpose on reports of strategic text processing depend on students' topic knowledge? Journal of Educational Psychology, 96(2), 324-336. https://doi.org/10.1037/0022-0663.96.2.324
Bråten, I., & Strømsø, H. I. (2003). A longitudinal think-aloud study of spontaneous strategic processing during the reading of multiple expository texts. Reading and Writing, 16(3), 195-218. https://doi.org/10.1023/A:1022895207490
Christensen, L. (2007). Legal reading and success in law school: An empirical study. Seattle University Law Review, 30, 603-629. https://digitalcommons.law.seattleu.edu/sulr/vol30/iss3/2/
Christensen, L. (2008). The paradox of legal expertise: A study of experts and novices reading the law. BYU Educ. & L.J., 53. https://digitalcommons.law.byu.edu/elj/vol2008/iss1/3
Deegan, D. H. (1995). exploring individual differences among novices reading in a specific domain: The case of Law. Reading Research quarterly, 30(2), 154-170. http://www.jstor.org/stable/748030
Ericsson, K. A., & Simon, H. A. (1993). Protocol analysis: Verbal report as data. Cambridge, Massachusetts. London, England: The MIT Press.
Lundeberg, M. A. (1987). Metacognitive aspects of reading comprehension: Studying understanding in legal case analysis. Reading Research Quarterly, 22(4), 407–432. https://doi.org/10.2307/747700
Majid, F. A. (2004). Adult learners’ characteristics and their academic reading strategies: A case study. [PhD thesis]. UKM Learning and Repository. http://ptsldigitalv2.ukm.my:8080/jspui/handle/123456789/488005
Pressley, M., & Afflerbach, P. (1995). Verbal protocols of reading: The nature of constructively responsive reading. Routledge.
Sengupta, S. (2002). Developing academic reading at tertiary level: A longitudinal study tracing conceptual change. The Reading Matrix, 2(1). https://www.readingmatrix.com/articles/sengupta/article.pdf
Stratman, J. F. (1990). The emergence of legal composition as a field of inquiry: Evaluating the prospects. Review of Educational Research, 60(2), 153-235. https://doi.org/10.3102/00346543060002153
Steel, A., Galloway, K., Heath, M., Skead, N., Israel, M., & Hewitt, A. (2016). Critical legal reading: The elements, strategies and dispositions needed to master this essential skill. Legal Education Review, 26(1). https://epublications.bond.edu.au/ler/vol26/iss1/9
Tang Sung Mooi V Too Miew Kim (1994). The Malayan Law Journal, 3 MLJ 117.
