Studies show that learners master new material more effectively when it builds upon what they already know. By revisiting assignments from a previous semester, students can focus their efforts on persuading, rather than learning new doctrine or facts. Turning a predictive discussion into a persuasive argument demonstrates that making an argument requires the same rigorous thinking as predicting a result. One way to do this is to assign students to write an argument based on their fall Civil Procedure exam

Sparrow, Sophie M.

English

UNH Scholars' Repository

University of New HampshireUniversity of New Hampshire Scholars' RepositoryLaw Faculty Scholarship University of New Hampshire – School of Law12-1-2001Using a Civil Procedure Exam Question to TeachPersuasionSophie M. SparrowUniversity of New Hampshire School of LawFollow this and additional works at: https://scholars.unh.edu/law_facpubPart of the Communication Commons, Educational Methods Commons, Legal EducationCommons, Legal Writing and Research Commons, and the Technical and Professional WritingCommonsThis Article is brought to you for free and open access by the University of New Hampshire – School of Law at University of New Hampshire Scholars'Repository. It has been accepted for inclusion in Law Faculty Scholarship by an authorized administrator of University of New Hampshire Scholars'Repository. For more information, please contact ellen.phillips@law.unh.edu.Recommended CitationSophie M. Sparrow, "Using a Civil Procedure Exam Question to Teach Persuasion," 16 THE SECOND DRAFT, BULL. of LEG.WRITING INST. 12 (2001).12  THE SECOND DRAFTspend the next few weeks working onarguments about personal jurisdiction.Using the facts from students CivilProcedure exam and the cases from theirtext, students argue that their client doesnot have the necessary minimum contactsfor jurisdiction over an out-of-statedefendant.Working in small groups during class,students compare their matrices of thecases, outline and draft components of  thearguments, and read and critique theirclassmates drafts. At several times duringthis module, students also e-mailprofessors current versions of  theirarguments. From these we makecomposites that illustrate particulartechniques, such as organizing forpersuasiveness, using authorities, makingpolicy arguments and refuting counter-arguments. We also use these compositesto illustrate common problems studentsencounter. Students read the compositeson overheads, diagnosing the troublesomeareas and identifying strategies to make thewriting more persuasive.This exercise has several benefits inaddition to allowing students toconcentrate on the skill of persuasion. Oneis that revisiting material builds studentsanalytical skills and understanding of  CivilProcedure. From talking to our CivilProcedure colleague, we know what sheemphasized in class, how students analyzedthe material on their exams, and wherestudents need additional coaching. Byworking through the materialcollaboratively over several classes,students develop more sophisticatedapproaches to arguing the minimumcontacts rules than they showed in theirexams and communicate those argumentsmore effectively. In the process, studentsalso learn that the art of  persuasion is notabout telling but showing why therequested result should be followed.Another benefit to this approach isthat it increases student confidence. Asthey rework the same material a monthafter the exam, students recognize wherethey need to sharpen their writing andorganizational skills. Students also beginto realize that they are now identifyingarguments, analogies and issues in a waythat had been invisible before. By callingtheir attention to this, we help them seetheir progress and continued capacity toUsing a CivilProcedureExamQuestion toTeachPersuasionSophie Sparrow (Franklin Pierce Law Center)Because studies show that learners masternew material more effectively when itbuilds upon what they already know, wereuse material from the fall semester toteach persuasion in the spring. By revisitingan assignment, students can focus theirefforts on persuading, rather than learningnew doctrine or facts. Turning a predictivediscussion into a persuasive argument alsodemonstrates that making an argumentrequires the same rigorous thinking aspredicting a result. One way we do this isby assigning students to write an argumentbased on their fall Civil Procedure exam.At the beginning of the springsemester we introduce some generalprinciples of  persuasive writing, and thenTurning a predictive discussion into apersuasive argument also demonstratesthat making an argument requires thesame rigorous thinking as predictinga result.THE SECOND DRAFT  13Social Justiceand PersuasionClifford S. Zimmerman (Northwestern UniversitySchool of Law)I integrate issues of  social justice into myteaching of  persuasion to heighten thecontext in which students learn thetechnique. The topic triggers addedemotional energy on the part of  thestudents, who then immerse themselvesinto the research, organization, argumentconstruction, and persuasive presentationwith great enthusiasm and vigor. Withtheir work self-motivating, I can focus onrhetorical technique. In the end (after twobriefs and a moot court), the students areamazed at how much they learned andaccomplished and how much fun they hadin the process.Years ago, I merely integrated an issueof  social justice (e.g. police brutality, theGulf  War, spousal abuse and policeprotection, medicinal use of marijuana,or abortion) into the briefing. To me,social justice includes a range of  ideas,such as issues of  race, gender, ethnicity,class, power, or sexual preference. Whilethis had positive results, I realized that Iwas not utilizing the full potential byadequately preparing the students toaddress the issue. Thus, I startedcollecting and assigning non-legalreadings (anywhere from six to twelvearticles or book chapters) for them to readin advance of  my assigning the problem.These articles divide on the issue and arerich in citations to other sources, bothlegal and non-legal, that can be used inwriting the brief.I ask the students, then, to write areflective essay on the subject. I expresslytell them that I do not want a recountingor synthesis of  the sources, but rather anessay on their thoughts on the subjectmatter. (They do not know, typically, whata reflective essay is, so some direction hereis necessary.) Writing this essay pushesthem to read the sources and to think aboutthe subject. These are submittedanonymously (unless the students want tobe known) and ungraded. The papers tendto show good insight into the issue and aclear position on their part. Further, itreintroduces them to writing in a non-legalcontext and jump starts the creativeprocess. I then give them the appellatebrief assignment.I have done this with severalproblems, using topics such as affirmativeaction and consumerism. As opposed toyears before I assigned readings, myexperience has been that the readings andessays add new depth and understandingto the students legal analysis andarguments in the briefs. Typically, thestudents complain bitterly about theamount of additional reading, but I seethat their conversations, arguments, andbriefs are significantly better as a result.Recently, the problem addressedhomelessness and free expression, but Idid not gather any readings. That year theessays were flat, simplistic, and immature;the briefs were superficial and failed tomake any use of  insights particular to theissue.From the implementationperspective, time is a major concern here.It takes time to find an issue like this; timeto collect readings; time for students toread the materials in advance of  theassignment; and time for any additionalresearch. But as with many things in ourprofession, time sowed leads to a greatyield.Non-legal readings on issues of  social justice add new depth and understandingto the students legal analysis and arguments in the briefs, while writingreflective essays jump-starts the creative process.grow and develop as future lawyers. Thishelps students at all levels; students whohave done well see how they can improve,and those who were struggling recognizethat they can master writing and analysis.Do students groan about having to revisitthe minimum contacts cases? Yes, but atthe end of the semester those studentsalso note that these exercises helped themreally start to get what it means topersuade.Five SimpleExercises forTeachingPersuasionNancy Soonpaa (Texas Tech University Schoolof Law)These simple exercises for teachingpersuasion take less than a class periodeach, yet convey powerful and concretelessons about persuasion.1. First class of  the semesterAs an introductory exercise, ask thestudents to pair up and elicit the followinginformation from each other: name,undergraduate school or major or recentjob experience, and interesting informationthat justifies each persons being a memberof  that years class. Then have the studentsintroduce each other to the rest of  theclass, including an explanation of  whateach person will add to that classwhatexperience or insight he or she will bring.This simple exercise introduces thestudents to interviewing and to advocacyas they persuade the rest of the class ofeach persons worth and potential forcontribution. It teaches them abouteliciting facts and then shaping those factsinto a message that will appeal to theaudienceboth the rest of the class andthe professorwhile considering theinterests and concerns of  the client.2. Examining oral advocacy viafamous speechesMany of the rhetorical devices usedin well-known speeches throughout theages can be used in written persuasion aswell. Reading those speechesout loud,as well as silentlyand talking about thedevices gives students insight into whatword patterns make them respond, bothintellectually and emotionally, to apersuasive message. One excellent exampleis Martin Luther King, Jr.s I Have ADream speech; its powerful, persistentpatterns and insistent imagery are easy forstudents to identify and discuss. For otherexamples, look to the Minneapolis StarTribune, which has published a series ofgreat speeches. The speeches are available!!CONTINUED ON PAGE 1412  THE SECOND DRAFTspend the next few weeks working onarguments about personal jurisdiction.Using the facts from students CivilProcedure exam and the cases from theirtext, students argue that their client doesnot have the necessary minimum contactsfor jurisdiction over an out-of-statedefendant.Working in small groups during class,students compare their matrices of thecases, outline and draft components of  thearguments, and read and critique theirclassmates drafts. At several times duringthis module, students also e-mailprofessors current versions of  theirarguments. From these we makecomposites that illustrate particulartechniques, such as organizing forpersuasiveness, using authorities, makingpolicy arguments and refuting counter-arguments. We also use these compositesto illustrate common problems studentsencounter. Students read the compositeson overheads, diagnosing the troublesomeareas and identifying strategies to make thewriting more persuasive.This exercise has several benefits inaddition to allowing students toconcentrate on the skill of persuasion. Oneis that revisiting material builds studentsanalytical skills and understanding of  CivilProcedure. From talking to our CivilProcedure colleague, we know what sheemphasized in class, how students analyzedthe material on their exams, and wherestudents need additional coaching. Byworking through the materialcollaboratively over several classes,students develop more sophisticatedapproaches to arguing the minimumcontacts rules than they showed in theirexams and communicate those argumentsmore effectively. In the process, studentsalso learn that the art of  persuasion is notabout telling but showing why therequested result should be followed.Another benefit to this approach isthat it increases student confidence. Asthey rework the same material a monthafter the exam, students recognize wherethey need to sharpen their writing andorganizational skills. Students also beginto realize that they are now identifyingarguments, analogies and issues in a waythat had been invisible before. By callingtheir attention to this, we help them seetheir progress and continued capacity toIn determining which facts to omit,and in writing the facts in general, I cautionstudents to remember their ethical duty ofcandor and to be concerned with theircredibility as advocates. Students readilyunderstand that they cannot lie to thecourt, but must be taught that they cannotportray something as a fact unless it canbe cited from the record. Students mustlearn that both the arguments and theadvocate are judged as a whole, and ajudges perception that an attorney is beingless than candid in one area will affect thecredibility of  the attorneys arguments.When determining which facts to omit, Ihave my students imagine this questionfrom a judge: Your opponent has arguedthat fact X is important. Why have you notincluded it? If the student can reasonablyanswer the question with Fact X is notrelevant because . . . , then the fact isproperly omitted. The credibility line isdifficult to draw and depends upon eachcase and advocate. I do not penalizestudents for crossing the line unless I feelthey have done so by a significant margin.A final aspect of  persuasion is wordchoice. I ask my students to select theaction verbs in the facts section carefully,choosing unusual verbs for emphasis. Forexample, an attorney wanting to emphasizethe significance of an automobile accidentmay write that one vehicle smashed orplowed into the other, while opposingcounsel may write that the vehicles simplycollided.An exercise I utilize to emphasize verbchoice is to give the students severalsentences describing various legalsituations, with a verb underlined in eachsentence. I ask the students, working ingroups, to think up as many alternativeaction verbs as possible and rewrite thesentences. I usually combine this exercisewith exercises dealing with other aspectsof  writing the facts, such as using greaterdetail to emphasize favorable facts andplacing key facts at the ends of  sentences.3The bottom line is that, unless the factsare not in dispute and the issue is purelylegal, how the court perceives the facts willbe critical. Students need to learn that partof  their job is to tell a story, and that storymust be their clients story.1. For a lengthier example of  the Goldilockshypothetical, see Steven V. Armstrong & TimothyP. Terrell, Organizing Facts to Tell Stories,9 Perspectives 90, 90-91 (Winter 2001).2. This example is drawn from a LWI conferencepresentation by Julie Spanbauer (John Marshall),later published in Teaching First-SemesterStudents that Objective AnalysisPersuades, 5 Legal Writing 167, 178-185(1999).3. Several of  these techniques are highlighted inLouis J. Sirico, Persuasive Writing forLawyers and the Legal Profession (MatthewBender & Co. 1995).Using a CivilProcedureExamQuestion toTeachPersuasionSophie Sparrow (Franklin Pierce Law Center)Because studies show that learners masternew material more effectively when itbuilds upon what they already know, wereuse material from the fall semester toteach persuasion in the spring. By revisitingan assignment, students can focus theirefforts on persuading, rather than learningnew doctrine or facts. Turning a predictivediscussion into a persuasive argument alsodemonstrates that making an argumentrequires the same rigorous thinking aspredicting a result. One way we do this isby assigning students to write an argumentbased on their fall Civil Procedure exam.At the beginning of the springsemester we introduce some generalprinciples of  persuasive writing, and thenTurning a predictive discussion into apersuasive argument also demonstratesthat making an argument requires thesame rigorous thinking as predictinga result.Utilize the Facts(continued from page 11)!THE SECOND DRAFT  13grow and develop as future lawyers. Thishelps students at all levels; students whohave done well see how they can improve,and those who were struggling recognizethat they can master writing and analysis.Do students groan about having to revisitthe minimum contacts cases? Yes, but atthe end of the semester those studentsalso note that these exercises helped themreally start to get what it means topersuade.!!

Using a Civil Procedure Exam Question to Teach Persuasion

University of New Hampshire

University of New Hampshire 
University of New Hampshire Scholars' Repository 
Law Faculty Scholarship University of New Hampshire – Franklin Pierce School of Law 
12-1-2001 
Using a Civil Procedure Exam Question to Teach Persuasion 
Sophie M. Sparrow 
University of New Hampshire School of Law 
Follow this and additional works at: https://scholars.unh.edu/law_facpub 
 Part of the Communication Commons, Educational Methods Commons, Legal Education Commons, 
Legal Writing and Research Commons, and the Technical and Professional Writing Commons 
Recommended Citation 
Sophie M. Sparrow, "Using a Civil Procedure Exam Question to Teach Persuasion," 16 THE SECOND 
DRAFT, BULL. of LEG. WRITING INST. 12 (2001). 
This Article is brought to you for free and open access by the University of New Hampshire – Franklin Pierce School 
of Law at University of New Hampshire Scholars' Repository. It has been accepted for inclusion in Law Faculty 
Scholarship by an authorized administrator of University of New Hampshire Scholars' Repository. For more 
information, please contact sue.zago@law.unh.edu. 
12  THE SECOND DRAFT
spend the next few weeks working on
arguments about personal jurisdiction.
Using the facts from students Civil
Procedure exam and the cases from their
text, students argue that their client does
not have the necessary minimum contacts
for jurisdiction over an out-of-state
defendant.
Working in small groups during class,
students compare their matrices of the
cases, outline and draft components of  the
arguments, and read and critique their
classmates drafts. At several times during
this module, students also e-mail
professors current versions of  their
arguments. From these we make
composites that illustrate particular
techniques, such as organizing for
persuasiveness, using authorities, making
policy arguments and refuting counter-
arguments. We also use these composites
to illustrate common problems students
encounter. Students read the composites
on overheads, diagnosing the troublesome
areas and identifying strategies to make the
writing more persuasive.
This exercise has several benefits in
addition to allowing students to
concentrate on the skill of persuasion. One
is that revisiting material builds students
analytical skills and understanding of  Civil
Procedure. From talking to our Civil
Procedure colleague, we know what she
emphasized in class, how students analyzed
the material on their exams, and where
students need additional coaching. By
working through the material
collaboratively over several classes,
students develop more sophisticated
approaches to arguing the minimum
contacts rules than they showed in their
exams and communicate those arguments
more effectively. In the process, students
also learn that the art of  persuasion is not
about telling but showing why the
requested result should be followed.
Another benefit to this approach is
that it increases student confidence. As
they rework the same material a month
after the exam, students recognize where
they need to sharpen their writing and
organizational skills. Students also begin
to realize that they are now identifying
arguments, analogies and issues in a way
that had been invisible before. By calling
their attention to this, we help them see
their progress and continued capacity to
Using a Civil
Procedure
Exam
Question to
Teach
Persuasion
Sophie Sparrow (Franklin Pierce Law Center)
Because studies show that learners master
new material more effectively when it
builds upon what they already know, we
reuse material from the fall semester to
teach persuasion in the spring. By revisiting
an assignment, students can focus their
efforts on persuading, rather than learning
new doctrine or facts. Turning a predictive
discussion into a persuasive argument also
demonstrates that making an argument
requires the same rigorous thinking as
predicting a result. One way we do this is
by assigning students to write an argument
based on their fall Civil Procedure exam.
At the beginning of the spring
semester we introduce some general
principles of  persuasive writing, and then
Turning a predictive discussion into a
persuasive argument also demonstrates
that making an argument requires the
same rigorous thinking as predicting
a result.
THE SECOND DRAFT  13
Social Justice
and Persuasion
Clifford S. Zimmerman (Northwestern University
School of Law)
I integrate issues of  social justice into my
teaching of  persuasion to heighten the
context in which students learn the
technique. The topic triggers added
emotional energy on the part of  the
students, who then immerse themselves
into the research, organization, argument
construction, and persuasive presentation
with great enthusiasm and vigor. With
their work self-motivating, I can focus on
rhetorical technique. In the end (after two
briefs and a moot court), the students are
amazed at how much they learned and
accomplished and how much fun they had
in the process.
Years ago, I merely integrated an issue
of  social justice (e.g. police brutality, the
Gulf  War, spousal abuse and police
protection, medicinal use of marijuana,
or abortion) into the briefing. To me,
social justice includes a range of  ideas,
such as issues of  race, gender, ethnicity,
class, power, or sexual preference. While
this had positive results, I realized that I
was not utilizing the full potential by
adequately preparing the students to
address the issue. Thus, I started
collecting and assigning non-legal
readings (anywhere from six to twelve
articles or book chapters) for them to read
in advance of  my assigning the problem.
These articles divide on the issue and are
rich in citations to other sources, both
legal and non-legal, that can be used in
writing the brief.
I ask the students, then, to write a
reflective essay on the subject. I expressly
tell them that I do not want a recounting
or synthesis of  the sources, but rather an
essay on their thoughts on the subject
matter. (They do not know, typically, what
a reflective essay is, so some direction here
is necessary.) Writing this essay pushes
them to read the sources and to think about
the subject. These are submitted
anonymously (unless the students want to
be known) and ungraded. The papers tend
to show good insight into the issue and a
clear position on their part. Further, it
reintroduces them to writing in a non-legal
context and jump starts the creative
process. I then give them the appellate
brief assignment.
I have done this with several
problems, using topics such as affirmative
action and consumerism. As opposed to
years before I assigned readings, my
experience has been that the readings and
essays add new depth and understanding
to the students legal analysis and
arguments in the briefs. Typically, the
students complain bitterly about the
amount of additional reading, but I see
that their conversations, arguments, and
briefs are significantly better as a result.
Recently, the problem addressed
homelessness and free expression, but I
did not gather any readings. That year the
essays were flat, simplistic, and immature;
the briefs were superficial and failed to
make any use of  insights particular to the
issue.
From the implementation
perspective, time is a major concern here.
It takes time to find an issue like this; time
to collect readings; time for students to
read the materials in advance of  the
assignment; and time for any additional
research. But as with many things in our
profession, time sowed leads to a great
yield.
Non-legal readings on issues of  social justice add new depth and understanding
to the students legal analysis and arguments in the briefs, while writing
reflective essays jump-starts the creative process.
grow and develop as future lawyers. This
helps students at all levels; students who
have done well see how they can improve,
and those who were struggling recognize
that they can master writing and analysis.
Do students groan about having to revisit
the minimum contacts cases? Yes, but at
the end of the semester those students
also note that these exercises helped them
really start to get what it means to
persuade.
Five Simple
Exercises for
Teaching
Persuasion
Nancy Soonpaa (Texas Tech University School
of Law)
These simple exercises for teaching
persuasion take less than a class period
each, yet convey powerful and concrete
lessons about persuasion.
1. First class of  the semester
As an introductory exercise, ask the
students to pair up and elicit the following
information from each other: name,
undergraduate school or major or recent
job experience, and interesting information
that justifies each persons being a member
of  that years class. Then have the students
introduce each other to the rest of  the
class, including an explanation of  what
each person will add to that classwhat
experience or insight he or she will bring.
This simple exercise introduces the
students to interviewing and to advocacy
as they persuade the rest of the class of
each persons worth and potential for
contribution. It teaches them about
eliciting facts and then shaping those facts
into a message that will appeal to the
audienceboth the rest of the class and
the professorwhile considering the
interests and concerns of  the client.
2. Examining oral advocacy via
famous speeches
Many of the rhetorical devices used
in well-known speeches throughout the
ages can be used in written persuasion as
well. Reading those speechesout loud,
as well as silentlyand talking about the
devices gives students insight into what
word patterns make them respond, both
intellectually and emotionally, to a
persuasive message. One excellent example
is Martin Luther King, Jr.s I Have A
Dream speech; its powerful, persistent
patterns and insistent imagery are easy for
students to identify and discuss. For other
examples, look to the Minneapolis Star
Tribune, which has published a series of
great speeches. The speeches are available
!
!
CONTINUED ON PAGE 14
12  THE SECOND DRAFT
spend the next few weeks working on
arguments about personal jurisdiction.
Using the facts from students Civil
Procedure exam and the cases from their
text, students argue that their client does
not have the necessary minimum contacts
for jurisdiction over an out-of-state
defendant.
Working in small groups during class,
students compare their matrices of the
cases, outline and draft components of  the
arguments, and read and critique their
classmates drafts. At several times during
this module, students also e-mail
professors current versions of  their
arguments. From these we make
composites that illustrate particular
techniques, such as organizing for
persuasiveness, using authorities, making
policy arguments and refuting counter-
arguments. We also use these composites
to illustrate common problems students
encounter. Students read the composites
on overheads, diagnosing the troublesome
areas and identifying strategies to make the
writing more persuasive.
This exercise has several benefits in
addition to allowing students to
concentrate on the skill of persuasion. One
is that revisiting material builds students
analytical skills and understanding of  Civil
Procedure. From talking to our Civil
Procedure colleague, we know what she
emphasized in class, how students analyzed
the material on their exams, and where
students need additional coaching. By
working through the material
collaboratively over several classes,
students develop more sophisticated
approaches to arguing the minimum
contacts rules than they showed in their
exams and communicate those arguments
more effectively. In the process, students
also learn that the art of  persuasion is not
about telling but showing why the
requested result should be followed.
Another benefit to this approach is
that it increases student confidence. As
they rework the same material a month
after the exam, students recognize where
they need to sharpen their writing and
organizational skills. Students also begin
to realize that they are now identifying
arguments, analogies and issues in a way
that had been invisible before. By calling
their attention to this, we help them see
their progress and continued capacity to
In determining which facts to omit,
and in writing the facts in general, I caution
students to remember their ethical duty of
candor and to be concerned with their
credibility as advocates. Students readily
understand that they cannot lie to the
court, but must be taught that they cannot
portray something as a fact unless it can
be cited from the record. Students must
learn that both the arguments and the
advocate are judged as a whole, and a
judges perception that an attorney is being
less than candid in one area will affect the
credibility of  the attorneys arguments.
When determining which facts to omit, I
have my students imagine this question
from a judge: Your opponent has argued
that fact X is important. Why have you not
included it? If the student can reasonably
answer the question with Fact X is not
relevant because . . . , then the fact is
properly omitted. The credibility line is
difficult to draw and depends upon each
case and advocate. I do not penalize
students for crossing the line unless I feel
they have done so by a significant margin.
A final aspect of  persuasion is word
choice. I ask my students to select the
action verbs in the facts section carefully,
choosing unusual verbs for emphasis. For
example, an attorney wanting to emphasize
the significance of an automobile accident
may write that one vehicle smashed or
plowed into the other, while opposing
counsel may write that the vehicles simply
collided.
An exercise I utilize to emphasize verb
choice is to give the students several
sentences describing various legal
situations, with a verb underlined in each
sentence. I ask the students, working in
groups, to think up as many alternative
action verbs as possible and rewrite the
sentences. I usually combine this exercise
with exercises dealing with other aspects
of  writing the facts, such as using greater
detail to emphasize favorable facts and
placing key facts at the ends of  sentences.3
The bottom line is that, unless the facts
are not in dispute and the issue is purely
legal, how the court perceives the facts will
be critical. Students need to learn that part
of  their job is to tell a story, and that story
must be their clients story.
1. For a lengthier example of  the Goldilocks
hypothetical, see Steven V. Armstrong & Timothy
P. Terrell, Organizing Facts to Tell Stories,
9 Perspectives 90, 90-91 (Winter 2001).
2. This example is drawn from a LWI conference
presentation by Julie Spanbauer (John Marshall),
later published in Teaching First-Semester
Students that Objective Analysis
Persuades, 5 Legal Writing 167, 178-185
(1999).
3. Several of  these techniques are highlighted in
Louis J. Sirico, Persuasive Writing for
Lawyers and the Legal Profession (Matthew
Bender & Co. 1995).
Using a Civil
Procedure
Exam
Question to
Teach
Persuasion
Sophie Sparrow (Franklin Pierce Law Center)
Because studies show that learners master
new material more effectively when it
builds upon what they already know, we
reuse material from the fall semester to
teach persuasion in the spring. By revisiting
an assignment, students can focus their
efforts on persuading, rather than learning
new doctrine or facts. Turning a predictive
discussion into a persuasive argument also
demonstrates that making an argument
requires the same rigorous thinking as
predicting a result. One way we do this is
by assigning students to write an argument
based on their fall Civil Procedure exam.
At the beginning of the spring
semester we introduce some general
principles of  persuasive writing, and then
Turning a predictive discussion into a
persuasive argument also demonstrates
that making an argument requires the
same rigorous thinking as predicting
a result.
Utilize the Facts
(continued from page 11)
!
THE SECOND DRAFT  13
grow and develop as future lawyers. This
helps students at all levels; students who
have done well see how they can improve,
and those who were struggling recognize
that they can master writing and analysis.
Do students groan about having to revisit
the minimum contacts cases? Yes, but at
the end of the semester those students
also note that these exercises helped them
really start to get what it means to
persuade.
!
!


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Using a Civil Procedure Exam Question to Teach Persuasion

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