Jayden Houghton introduced student choice into his Law course assessments through having them create quizzes to support their fellow students. As well as giving students agency in their choice of topic, this assessment encouraged active learning, with students constructing their own meaning from their readings when posing quiz questions and justifying their answers.
LAWPUBL 468 (class size approx. 60 students) explores cultural property and Indigenous intellectual property issues in Aotearoa New Zealand and around the world. The course includes topics such as the preservation of cultural heritage; the protection of cultural property during armed conflict; the restitution and repatriation of cultural objects; Māori claims to mātauranga Māori and taonga, with a particular emphasis on Wai 262; and the interface between intellectual property norms and proposals for reform.
Students are asked to create a multiple-choice question (MCQ) quiz (10%) for a reading, which is then shared anonymously with other students in the course and subsequent offerings of the course, to help them with their learning. Students are given a list of readings and asked to choose one option from which to create a short MCQ. As well as giving students agency in choosing their text, students choose the subject of the questions they compose and the answer options. Students are given a marking rubric, a template in which to create their questions and answers, and examples of previous student quizzes that scored an A+.
As part of the assessment, students must be able to explain why answers are correct or incorrect using evidence from their chosen text, as well as justify why each question is a good question. This activates their judgement, critical thinking and evaluation on what are appropriate questions to pose and the possible answers, given the focus of the course and their understanding of their audience (current and future students taking the course). The student choice elements, and the requirement to justify their answers, also promotes academic integrity.
After the assessment is graded, Jayden (or a paid assistant) edits and inputs each well-drafted quiz into a Canvas quiz. Each quiz is then hyperlinked next to the relevant reading in the reading list. Over multiple iterations of the course, most course readings become linked with one or multiple quizzes.
In 2020 –2022, Jayden led an ethics-approved project to survey students on their attitudes about the assessment. He has since analyzed the results and published an article. 1 An excerpt from his draft literature review explains:
“Some forms of assessment in law schools have lacked the ability to actively engage students in the learning process. The MCQ quiz has often been criticised for only encouraging surface learning rather than deep learning. This has prompted some educators to adopt assessment techniques where students are involved in authoring questions — an activity which presents an opportunity for greater cognitive challenge and an enriched learning experience.
While MCQs are a useful tool for summative assessment, in measuring learning attainment, the ideal form of assessment is one that also promotes learning, a concept referred to as ‘assessment for learning’. This objective can be satisfied when students create MCQs instead of only answering them, as they will often find themselves undertaking deep learning when working out why each response is right or wrong. A deep approach to learning is one that lets students apply their knowledge and think critically rather than memorise facts without a conceptual understanding. It has been thought that question writing requires students to carefully think about the question’s relevance to the learning outcomes, consider possible misunderstandings when creating distractors (incorrect answers) and deepen their own knowledge and writing skills when writing an explanation. This involves processing, organising, integrating and reconstructing knowledge — skills which encourage higher-order thinking.
It can also help better identify when students have a flawed understanding of the course content compared to MCQ answers alone. Students need to understand the relevant content well before they can write a question and solution, meaning that the process of authoring an answer can expose this lack of understanding while also testing their ability to clearly communicate their knowledge to others.”
The assessment encourages active learning 2 and requires students to engage deeply with their scholarly readings, both when writing their own quiz and when taking others’ quizzes. This is an example of individual assessments contributing to peer learning.
Student feedback
Student feedback on the assessment from the ethics-approved study includes:
Examples
Canvas assessment task description
Quiz Design (10%)
General information
Students will design a 5-question quiz on a reading to help students to study Indigenous intellectual property issues. The quiz will provide 5 questions with 4 options per question and justify why each option is correct or incorrect. The resource will be assessed on its overall quality as a learning resource — in particular, the correctness of the information presented and the usefulness of the resource to help students study land law. The resources will be shared anonymously on Canvas to help current and future students with revision. If you do not want your anonymised questions shared, please let Jayden know any time before the end of the year.
The learning resources will be due Wednesday 17 August 2022 at 12 noon.
Self-sign up
Your reading will be allocated according to self-sign up. You can find the list of options in this Google doc. The self-sign up will open on Monday 8 August 2022 at 12 noon. Please enter your name next to the reading you want to write a quiz for on a first come, first served basis.
Template
You must use the template for learning resources.
Exemplars
You can find examples of learning resources written by previous students that scored an A+ in your Canvas course.
Example assessment instructions
Assessment instructions
- Complete the Poll (see the Canvas course outline) to select readings or excerpts of readings to write a learning resource (a quiz) for.
- Download the learning resources template (see the Canvas course outline).
- Once you have selected a reading:
- Write your student ID, the number of the reading assigned to you and the page range of that reading.
- Write 5 questions that a LAWPUBL 468 Mātauranga Māori and Taonga student should be able to answer after reading the page range you have been assigned.
- Write four options for each question. The first option (a) will be correct and the other three options will be incorrect. You should assume that Canvas will scramble the order of the options (a), (b), (c) and (d). Therefore, ensure your questions and options make sense regardless of the order in which the options are listed.
- For each question, you will need to: explain why option (a) is correct and each of the other options is incorrect; note the pages and/or paragraphs in the reading that a student would need to read to solve this question (and quote the relevant sentences); and briefly explain why you think it is a good question.
- Do not manually shift the vertical and horizontal table borders. It is fine if the boxes automatically expand as you type into them.
Example quiz template
Template
The template comprises the following table for each of the questions required:
| Q1 | |
|---|---|
| (a) | |
| (b) | |
| (c) | |
| (d) |
| Explain why (a) is correct and the other options are incorrect: | |
|---|---|
| Note the pages and/or paragraphs in the reading that a student would need to read to solve this question, and quote the relevant sentences: | |
| Briefly explain why this is a good question: |
Marking rubric
Learning Resources Marking Rubric
- The student has used the template appropriately (e.g. typed into the boxes provided, not manually shifted the table borders, etc.) and taken care with formatting. ( _ / 10 )
- The questions, options and explanations are clear and succinct, and appear to have been proofread. ( _ / 20 )
- The questions and options appear to be correct in substance. ( _ / 20 )
- The options are logical (e.g. the student does not use “All of the above” and other such forms that would not make sense after Canvas scrambles the order of the options). ( _ / 10 )
- The explanations are accurate and detailed, and supported by page and/or paragraph numbers and appropriate quotes from the reading. ( _ / 20 )
- Holistically, the learning resource is a good learning resource for students taking this course. Relevant factors include: the questions target the key themes, discussion points and/or examples in the page range of the reading; the questions are not overly repetitive in style or construction; and the questions are not overly technical, wordy or unfair to students. ( _ / 20 )
Raw Total: / 100
Example 1 of a past student's questions and answers
| Q1 | Which of the following is not a view expressed by the Crown when it comes to the protection of Māori words and names? |
|---|---|
| (a) | Māori should have a role in the granting or refusing of requests for use of te reo Māori |
| (b) | Māori in general are kaitaki of te reo Māori |
| (c) | All language forms part of the common heritage of mankind |
| (d) | Under the Trade Marks Act 2002, the use of Māori words and names by non-Māori is not in and of itself offensive |
| Explain why (a) is correct and the other options are incorrect: |
“Māori should have a role in the granting or refusing of requests for use of te reo” This view is not expressed by the Crown; the opposite is stated. The Crown denies that they are necessitated to facilitate “protection”, such as providing for a Māori decision-making process to grant or refuse requests for use of Māori language by non-Māori.
“Māori in general are kaitaki of te reo Māori” The Crown does indeed express that the claimants and Māori hold status as kaitiaki of te reo Māori.
“All language forms part of the common heritage of mankind” The Crown expresses they are unable to accept the broad assertion that Māori ought to control all things Māori, including Māori words and names. The submission refers to English cases which disallowed the use of trade mark or copyright to monopolise English words. This parallel is drawn to justify applying the same approach to te reo Māori.
“Under the Trade Marks Act 2002, the use of Māori words and names by non-Maori is not offensive in itself” The Crown firmly rejects the claimant’s assertion that the use and exploitation of indigenous knowledge and culture by non-indigenous people is offensive for the purposes of section 17(1)(b)(ii) of the Trade Marks Act. |
|---|---|
| Note the pages and/or paragraphs in the reading that a student would need to read to solve this question, and quote the relevant sentences: |
“Māori should have a role in the granting or refusing of requests for use of te reo Māori” Page 36, para [159]: “The Crown does not accept that it has any obligation under the Treaty to provide “protection” of that nature… the Crown denies that the claimants, Māori or the Crown have or should have legally enforceable rights of control over te reo Māori.”
“Māori in general are kaitaki of te reo Māori” Page 34, para [152]: “While recognising the status of the claimants and of Māori in general as kaitaki of te reo Māori…”
“All language forms part of the common heritage of mankind” Page 33, para [148]: “A similar sentiment was famously stated in the context of trade marks by Cozens-Hardy MR in 1909 in Joseph Crosfield & Son’s Appn (“Perfection”): “Wealthy traders are habitually eager to enclose part of the great common of the English language and to exclude the general public of the present day and of the future from access to the enclosure.” [149]: “Nor could a monopoly on an English word be secured by framing the basis of the claim in copyright: Exxon v Exxon Insurance.” [150]: “Yet Māori proprietorship in Māori words is asserted in this claim” Page 34, para [152]: “… the Crown contends that all language forms part of the common heritage of mankind and the use by any person of any language involves the exercise by that person of a common right: CSOR 105.”
“Under the Trade Marks Act 2002, the use of Māori words and names by non-Maori is not offensive in itself” Page 35, para [156]: “The words “offend” and “offensive” are used in the statute in their normal sense. They are used not in a manner intended to import a notion of ethnic exclusivity or proprietorship which is contravened simply by the fact of use by another ethnicity…” |
| Briefly explain why this is a good question: | The question draws students’ attention to the Crown’s reliance on Western understandings of language as a common good. It also provokes further consideration of the Crown’s statement that Māori are kaitiaki of te reo Māori. This statement may be significant to Māori, but under the dominant Western system whereby kaitaki is undefined, it holds little weight. Students will hopefully reflect on how this constituted an easy ‘concession’ by the Crown. |
Example 2 of a past student's questions and answers
| Q2 | According to the Crown, what is the rationale for patent law? |
|---|---|
| (a) | To facilitate innovation by conferring a limited right of exclusivity, in consideration for the disclosure of an invention to the wider public |
| (b) | To confer perpetual monopolies to facilitate the commercialisation of innovations |
| (c) | To ensure that popular inventions can eventually obtain protection from imitation |
| (d) | To encourage innovation by preventing appropriation of an inventor’s work without sufficient compensation |
| Explain why (a) is correct and the other options are incorrect: | “To facilitate innovation by conferring a limited right of exclusivity, in consideration for the disclosure of an invention to the wider public”
This statement is correct as it identifies that the existence of patents is a game of two halves. Namely, a limited monopoly for inventors to reap the fruits of their labour and the concurrent requirement for public disclosure for wider society’s (eventual) benefit.
“To confer perpetual monopolies to facilitate the commercialisation of innovations” This statement is incorrect as patent holders only receive a monopoly for a specified period of time (generally 20 years). Whilst trade marks constitute an exception to the temporal limitation of intellectual property rights, due to infinite rights of renewal, the question asks about patents.
“To ensure that popular inventions can eventually obtain protection from imitation” This statement is incorrect. Patent law has a fundamental principle that a patent cannot be maintained in respect to an invention which is already in the public domain. This is because the applicant has no benefit to offer society in exchange for granting the patent.
“To encourage innovation by preventing appropriation of an inventor’s work without sufficient compensation” This statement is less correct. Indeed, incentivising innovation through conferring a period of protection is one objective of patent law. However, this option neglects the concomitant objective of sharing the endeavour with society at large for its eventual exploitation. Hence, option (a) is more correct. |
|---|---|
| Note the pages and/or paragraphs in the reading that a student would need to read to solve this question, and quote the relevant sentences: | “To facilitate innovation by conferring a limited right of exclusivity, in consideration for the disclosure of an invention to the wider public”
Page 32, para [141]: “Reflecting the bargain theory of patent law, the conferment of a limited right of exclusivity was devised as the consideration for the disclosure of an invention to the wider public.”
“To confer perpetual monopolies to facilitate the commercialisation of innovations” Page 32, para [144]: “… the rationale being that in exchange for the benefit of the period of exclusivity, on expiry the creative output will be available for use and exploitation by society at large.”
“To ensure that popular inventions can eventually obtain protection from imitation” Page 33, para [147]: “Hence in patent law there is a fundamental principle that one cannot maintain a patent in respect of an invention which is not new… If the ‘invention’ was already in the public domain, than the applicant for the patent would have no benefit to offer to society in consideration of the grant of a patent.”
“To encourage innovation by preventing others in society from appropriating an inventor’s hard work without compensation” Page 32, para [141]: “It was to achieve the multiple objects… that the IPRs were devised. Reflecting the bargain theory of patent law, the conferment of a limited right of exclusivity was devised as the consideration for the disclosure of an invention to the wider public.” |
| Briefly explain why this is a good question: | This question encourages students to test their understanding of the rationale of patent law, specifically, its bargain theory. This is important to equip students to compare Western and Māori conceptions of ‘intellectual property’. |
Related course intended learning outcomes
The assessment challenges students to meet the following course learning outcomes:
- Demonstrate intellectual curiosity by making sense of developing concepts and topics, distilling themes and formulating probing questions.
- Demonstrate an ability to help, challenge and influence other students in positive, constructive and collaborative ways.
- Demonstrate effective written communication and referencing skills.
- Jayden Houghton. “Quiz Design as Assessment in Non-STEM Undergraduate Law Courses,” The Law Teacher, (2024), 1–19. https://doi.org/10.1080/03069400.2024.2340874. ↩
- “Assessments of this kind favour active rather than passive learning. The benefits of this can be explained through constructivist learning theories, which suggest that students learn best when actively constructing their own meaning rather than acquiring it passively from instructors. By involving students in the teaching and learning process through assessment design, teachers are encouraging co-creation, a constructivist learning tool that not only allows learning through active construction of knowledge but also facilitates a deep and active collaboration between students and teachers.” – Houghton, Jayden. “Quiz Design as Assessment” (forthcoming). ↩