Legal knowledge based systems

This research aims at providing a solution for problems experienced by law students when solving legal cases. We propose a computer coach for training legal-case solving, the ROSA system. The basis for ROSA is an explicit, teachable and learnable model of legalcase solving, executable by machines and by humans. In this paper the construction of the model for teaching and learning legal-case solving is described and the tracer, a tool to support the information management during the case-solving process, is introduced. 1 Legal-case solving Legal cases are frequently used in legal education for teaching law students how to apply law to a specific situation. For this purpose legal cases (either hypothetical or based on real cases) are used as examples and as problem situations to be solved by a student when learning legal problem solving. Cases are also used in preliminary examinations as problems that need to be solved by the student. A legal case contains a description of a situation and a legal question. In the situation description, the specific facts and events are supplied. The case needs to be solved on the basis of the (sometimes hidden) legal question(s). The situation description may vary from a short case to cases of one page or more. The question(s) in between or at the end restrict both the problem situation and the possible range of solutions. The question may indicate a direction to the relation and may put the student on a reasoning track. The case is constructed from a legal dogmatic point of view; cases are formulated with the dogmatic means of solving in mind. The cases used in major subjects as civil law, criminal law, constitutional law and administrative law are closed regarding the content, that is, the problem is presented in a specific area of law and the solution has to be found within that area. Moreover, the student has to look for a solution that is acceptable within the legal system (to look, for instance, at the consequences for society is not the issue). There is a correct solution; sometimes there are two or more solutions possible. An example case is given in Figure 1. 2 Problems with legal-case solving Law students experience difficulties when solving cases. To find the causes of these difficulties literature on legal-case solving was studied, a law teacher, legal experts and students were interviewed and an empirical study on legal-case solving was carried out (Muntjewerff, 1993). Crombag et al. (1972, 1977) emphasise that the lack of a method for teaching and learning case solving is the main cause of the problems experienced by law students solving legal cases. The interviews and the empirical study confirm this. The experts and even the teacher did not have an explicit method for solving cases, and neither had the students. For the experts this is no problem, since they can rely on their implicit JURIX ’95: Antoinette Muntjewerff and Radboud Winkels 134 strategies and heuristics, but for the students this poses a serious problem. They loose track of the problem solving process, will forget or oversee possibilities and jump to conclusions in order to cope with their task (see also below). These are typical novice behaviours when confronted with a complex task and no systematic method for tackling it (e.g., Winkels, 1992). Managing the information during the problem-solving process may be even more problematic for students solving legal cases, due to the fact that regulations are difficult to read, comprehend and apply because of their internal structure. Many articles within regulations should be read in interrelation; it is possible that a combination of articles should be used to find a solution. These articles may be found within the same regulation or in other regulations. References to other articles can be explicit, e.g. by using article numbers and act names, or implicit, by using terms which are defined elsewhere. Furthermore, regulations can be complicated by ‘exception structures’. First the standard situation is mentioned, followed by the exceptions for which the regulation does not apply (sometimes followed by an exception to this exception that makes the regulation applicable for that situation). When legal practitioners solve an actual problem they do not consult the regulations exhaustively. They already understand the role of each regulation and have the structures of codes, laws and articles organised in the back of their head. Having a structure in mind makes it possible to select a proper procedure after recognising the situation provided in the case. A structure may clarify making references while reading codes, acts and articles. This structured approach is exactly what students are not yet able to do and therefore have to learn. 1 Case from material of a post graduate course on new administrative law February-March 1995, presented by lecturers of the Departments of administrative law of the University of Amsterdam and the Free University of Amsterdam. The Dutch General Administrative Law Act is operational since January 1, 1994 (Algemene wet bestuursrecht, Awb). The commencement of proceedings according to the Dutch General Administrative Law Act The municipality X has serious parking problems with trucks causing nuisance. The relatively narrow streets house many drivers who park their trucks in these streets especially during weekends and at night. The trucks cause many dangerous situations and are the source of complaints about noise and impediment of view. The residents of the houses in the streets where the trucks are parked are annoyed and decide to take action. They collectively write a letter (dated April 1, 1994) to the Mayor and Aldermen of X. They ask them to take suitable measures. Mayor and Aldermen answer by sending a notice in which they acknowledge receipt, state that the request is dealt with and that the residents will be informed as soon as possible. After three months the residents still did not receive an answer; they repeat their request in a letter dated July 1, 1994. On July 14, 1994 Mayor and Aldermen write that they will take a series of measures. Some of the streets where the trucks have no business are provided with a long-time parking prohibition for trucks. This calls for a parking excess regulation. Such a regulation however can only be established by the city-council. The letter of the Mayor and Aldermen also comes to the attention of the truck drivers. They are strongly opposed to the proposed measures. The truck drivers decide to take action. The removal firm Jansen also decides to take action. One of the truck drivers leaves it to her employer to take action. On August 15, 1994 the city-council draws up a parking excess regulation. This regulation is put into operation on October 1, 1994. The core provision of the regulation is article 2: “It is prohibited to put a truck on any of the spots marked on the enclosed map. Mayor and Aldermen may provide exemptions. ” Article 3 reads: “Mayor and Aldermen may establish specific rules. ” 1. What actions can be taken by the truck drivers and by the removal firm Jansen against the letter of the Mayor and Aldermen dated July 14, 1994? Figure 1: An example case ROSA: A model-based computer system for teaching legal-case solving 135 Crombag et al. (1972, 1977) also stress that the cases used in teaching are not very realistic and that the way cases are used in legal education leaves out a number of issues that are important for students to learn. Issues as the search for facts, the assessment of facts, the balancing of alternatives, the construction of a plan to proceed and a written elaboration of the plan chosen. We think this is partly due to the lack of design principles for cases, which in turn is related to the lack of an explicit teachable and learnable method.