Are law schools meeting their obligations as regards to the assessment of the use of English on law courses?

contributors | abstract | presentation | biographies | papers

Contributors

Peter Breakey (Northumbria University)

Format

Paper presentation and discussion forum.

Abstract

This paper considers the approach of law schools to the assessment of students’ use of English in their written work.

The QAA Subject Benchmark Statement for Law requires students to demonstrate proficiency in the use of the English language but there is anecdotal evidence that the required level of proficiency is often not met. To obtain further information on this matter a questionnaire was submitted to a randomly selected sample of 20 English law schools.

Questions included:

• Does your school / department have any formal policies on how poor grammar or spelling or poor use of English generally should affect the assessment of students?
• Does your school / department have any formal or informal policies on whether or not different standards should be applied as regards the use of English when marking assessments written by students whose native language is not English?
• Please can you describe what specific steps, if any, in terms of assessment criteria, your school / department takes to ensure compliance with the QAA undergraduate level subject benchmark relating to communication and literacy?

This paper presents the results of that research and considers its possible implications.

The paper is relevant to the work of external examiners and the system which governs them.

It is clear that many (possibly most) academics and practitioners believe that literacy is an important aspect of the study of law. The QAA Benchmark statements would seem to support this view. In relation to the assessment of literacy in law schools, several related issues are, however, quite unclear. These include:

• What constitutes an appropriate level of literacy for a law student?
• How should levels of literacy be effectively assessed?
• Is it right, when assessing literacy, to discriminate between native and non-native English speakers?

It is hoped that this paper will lead to greater awareness of this issue and to the development of an improved system for ensuring compliance with the QAA Benchmarks.

There is a dearth of research on this topic within the sphere of legal education. There is however related research within other disciplines, some of which this paper will consider.

Presentation

Short biographies of panel members

Peter Breakey took a degree in Economics and English at the University of North Carolina and then read Law at Oxford. He qualified as a solicitor in 1989 and has taught at Northumbria since 1990. Between 1996 and 2006 he acted as a Law Society External Examiner in Business Law and Practice and as an LPC Assessor. He is an elected member of Newcastle City Council.

Peter teaches Company Law across a range of courses together with the associated subjects of Partnership Law, Insolvency Law and Business Accounts.

Peter has published on a wide range of topics including partnership law, travel law, legal education, whistle-blowing and solicitors’ fees. He is currently researching into the assessment of the use of English in law degrees and the significance of quasi-partnerships in the law of minority protection.

Last Modified: 3 February 2011