What Did They Know and When Did They Know it? Pretesting as a Means Setting a Baseline for Assessing Learning Outcomes
Are legal rules intuitive or, at least, consistent with common sense? In this study, 260 law students at five law schools who had not taken contract law, were presented with eight questions based on specific contracts cases or common contracts issues. They were asked what they felt was the fair or right answer to each question and to formulate the rule they would apply. The purposes of the study were to 1) determine whether contract law is what the untrained person believes it is or should be and 2) experiment with a strategy of pretesting to determine what topics within any course deserve special attention during a semester.
Jeffrey L. Harrison, What Did They Know and When Did They Know it? Pretesting as a Means Setting a Baseline for Assessing Learning Outcomes, 67 J. Legal Educ. 576 (2018)