Answering Essay Type Questions

Legal Writing
Tips

Read the instructions carefully.

Make a time allocation.

Answer questions one at a time.

Organize your answer: ILDAC

I: Issue recognition
L: The law applicable
D; Decisions in point
A: Analysis of applicability of law and decision on the facts.
C: Conclusion
Answering Dos and Donts

Dont waste time on big introductions.

Do not be a historian.

Do: Write on only one side of an examination booklet.

Do: Use sign pen only.

Do not waste time copying facts. Go immediately to the issue and refer
to relevant facts only when applying the law and decision to said facts.

Do not use case name in answering an exam question, unless

absolutely certain.

Do: Take the question as written on its face value. Do not rewrite the
exam.

Do not use the Kitchen Sink Response.

Do not write anything personal on your exam.

Do: Keep yourself out of your answer.

Do not cross-out (a lot of ) words and sentences.

Do: Write clearly and legibly.

Do: Avoid unnecessary and extraneous verbiage.

Remedy for poor penmanship?

Do: Resist the temptation to be humorous.

Do: Make a lawyer-like, professional-styled, no nonsense presentation.

Do: Use clear, cogent, simple English, and do not use legalisms and
slang.

Do: Practice paragraphing for each new idea.

Do: Follow rule on abbreviations.

Do: Review your answer.

Four Very Important Rules in Making an Answer

Rule 1: Answer only what is being asked.

Rule 2: Make your answer brief without sacrificing substance.

Rule 3: You must be authoritative in your answer.

Rule 4: Use only simple sentences.

Kinds of Question

Hypothetical

Explanation

Decide/Rule

Answer Which Requires a Qualification

Defense

Better Right

Advice

Opinion/Comment

Rights/Liabilities

Doctrines

Definition

Making a Distinction

Enumeration

Choose the Correct Answer

Requisites
Hypothetical

1st: Either YES or NO + statement based on the last sentence of the

question or given problem OR AFFIRMATIVE or NEGATIVE ANSWER +
statement. (one sentence)

2nd: APPLICABLE LAW or PRINCIPLE (one or two sentences)

Under the law, Under the Rules, Under the Constitution, It is settled
that,

3rd: The relationship between the APPLICABLE LAW or PRINCIPLE and the
facts provided in the problem. (one or two sentences)
In the case at bar, In the given problem, The set of facts
show,

LAST: CONCLUSION (one sentence)

Therefore, Hence, Such being the case, In sum, To conclude..

Explanation

Demands more information than a definition.

The contents of an explanation usually pertain to the significance or

purpose of the subject matter involved.
Decide/Rule

The examinee makes a judgment.

The objection will be overruled..

As a judge, I will
Answer Which Requires a Qualification

In general, answers should be definite.

Qualifications can be made in exceptional cases.
Might cause the answer to be unresponsive to the question.
Avoid, unless really necessary.

Defense

A justification, raised by a person invoking a right or a legal excuse.

The task of the examinee is to determine whether or not the defense

raised in the question is a valid one.
Better Right

Type of question involving facts showing tow or more claims made by

different persons.

This requires the determination on who has a superior claim or on whose

right is prioritized by law with regard to the issue involved.

The applicable law lays down an order of preference.

Advice

Make a recommendation by providing the course of action to be made

for a particular situation.
Opinion/Comment

Provide an insight on the validity, appropriateness and correctness of an

act or principle.
Rights/Liabilities

Right: Claim or an interest of a person.

Liability: obligation.
Doctrines

Can mention case doctrines or prevailing jurisprudence.

Not required to exactly state the words used in the case.

State the principle and how it is applicable to the facts under

consideration.
In the applicable case of.
In a string of jurisprudence
As held in .
Definition

As short as possible.

Define, not explain/.

Be as less technical as possible.

Making a Distinction

Two methods:
Point by Point Method

Making an instant distinction.

Alternate sentences or through a single sentence with the
use of a conjunction.
Block Method
Distinction is by paragraph.
It presents an overview of the first subject before making
another paragraph to discuss the other subject.

Enumeration

In requisites, every element is indispensable. In enumeration, it is not.

May opt to write the most important or the most common items about
the subject.
Choose the Correct Answer

More on multiple choice questions.

If no explanation is required, mere writing of the choice is sufficient. This

follows the principle that an answer must be responsive to the question.
Requisites

In a hypothetical question or in an enumeration.

In a hypothetical question:
General Rule: write all requisites. However, if the same will
consume a great amount of time, it is justifiable to write only the
indispensable element material to the question.
Or write the requisite present if in agreement with the contentions
in the problem.
Or mention the requisite that is absent if there is disagreement
with the contentions in the problem.