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How To Answer Bar Exam Essay Questions
How To Answer Bar Exam Essay Questions
ESSAY
QUESTIONS IMPRESSIVELY
Sharing tips from my Criminal Law Professor Atty. Ruben C. Talampas, Jr.
She pointed out the general weakness of the bar examinees. She
said: “The reason for this high mortality rate, may be attributed to
several factors among them in the opinion of the undersigned, may be
due mainly to the following: . . . inadequate command of the English
language”.
It was less than 35 years ago but still her remarks seem to be true at
present.
The following are actual questions and answers of some examinees
which demonstrate their lack of knowledge of the fundamental legal
principles and inadequate command of the English language:
Question No. 6(b) – “An accused was found guilty of double murder and
was meted out two sentences of reclusion perpetua. How would the
accused serve the sentences?”
Question No. 17 – “AA” was the owner of a jeepney for hire. When his
driver was hospitalized, he hired “BB” as driver on a temporary basis
and entrusted to him the vehicle for transporting passengers from
Quiapo to Baclaran with a compensation of P30.00 a day. “BB” never
returned the vehicle and after search the vehicle was found in Tarnate,
Cavite, about to be sold. “BB” was charged with Qualified Theft and was
convicted. Appealing the judgment of conviction, defense counsel
contends that “BB” may have committed Estafa but not Qualified Theft
on the theory that the possession of the vehicle was obtained with the
consent of “AA” the owner, and therefore, there was no illegal taking.
Decide the case.”
By far the most important tool that the bar candidate could equip himself
with which to tackle the examination that is inherently personal to
him is command of written English. The examinee who has a fairly good
command of English, assuming that he is prepared in all other matters,
stands definitely with a much better chance of passing.
Not all the BAR tips I will be presenting here are mine. I
believe they are the collective ideas of past bar examinees, bar
topnotchers, bar lecturers and law professors who want to
share their experiences and have the desire and concern to
help future bar takers. I will try though to present these in a
more comprehensible and effective way.
The line of reasoning that you adopt should be clear and consistent
without gaps or digressions. This is the most important element in your
answer and, therefore, carries the most weight in the grading process.
CONCLUSION
You should address yourself to the task that the question asks you to
perform. For example, if the question calls for a specific conclusion or
result, such conclusion should clearly appear in your answer and should
be stated concisely and without equivocation.
ARTICULATION
You must also be aware that the Bar questions are not all “case or
situationer problems”. There are other types of Bar essay questions you
ought to know so you will be able to prepare and answer them properly
in case you encounter one. The usual types of Bar essay question are
enumerated below:
1. Enumeration;
2. Distinction;
3. Definition;
4. Reason behind the law/concept/principle; and
5. Case Problem.
CASE PROBLEM
Given that you know already the law; that you know how to apply it to
the set of facts; that you write legibly enough; left you with one problem
– that is how are you going to present or articulate it in an impressive
manner.
Okay, you already have an outline but isn’t it boring for the examiner to
read in your answers the same words or phrase at the beginning of your
paragraphs? For example you will use these words in every answer: the
contention is untenable; the law provides; therefore. The examiner will
spot this and might not be impressed to you at all which will result to a
lesser points.
You will agree that the hardest thing to do is to start. We want that the
first sentences or paragraph we will write will impress the examiner and
more often we cannot find the right words to start. Would it be easier if
just like the outline you have already a pool of words waiting to be used?
The following “Useful Introductory Lines” are mostly taken from the
article of Atty. Rey C. Tatad, Jr. with the same title.
10.Petitioner’s/Respondent’s/Complainant’s/Plaintiff’s/Defendant’s/Acc
used reliance on the (i.e. doctrine of…) is inappropriate.
11. It is a futile gesture on the part of the respondent to invoke the rule
on…
12. The theory/argument has no ground to stand upon.
13. The contention has no leg with which to stand on.
14. The position of the petitioner runs counter with the doctrine of…
15.The case will not prosper.
16. The case is not tenable.
17. The act of the accused in… is of no moment.
18. The assertion lacks substance.
19. The (i.e. respondent) cannot rely on (i.e. mere alibis) to aid his
cause.
20. The court cannot countenance the (i.e. inconsistent postures of the
petitioner)
21. The testimony that…, cannot be given credence.
22. The evidence presented has no probative value.
23. The allegation is belied by the fact that…
24. To put it otherwise would be to render the law on
_____________
useless/futile.
25. The actuations of the accused in (i.e. fleeing and hiding) negates
(i.e.
innocence)
26. While it is true that _______________ is a (i.e. constitutional
guaranteed right
nugatory.
32. It would be absurd and incongruous to sustain the argument that…
33. It is not enough that…
34. The fact that … is immaterial since…
35. The fact that … is irrelevant since…
36. In itself, mere …… is not sufficient (i.e. to warrant conviction)….
37. The petitioner cannot give any additional meaning to the clear and
plain
assertion.
40. The evidence does not support the theory of the petitioners.
41. There is no cogent reason to disturb the ruling of the (i.e. Court of
Appeals)
42. The claim for (i.e. moral damages) must necessarily fail.
Property)
14. The law prescribes certain rules on…
15.By legislative fiat…
* Do not use the words series, litany or long-line if there is only one
that
14. In a case with similar facts, the Supreme Court ruled that…
15.In several notable Supreme Court decisions, the highest court
declared that…
16. The Supreme Court has often stressed that…
17. In the landmark case of _____________, (if the case is so famous)
the
CONCLUDING WORDS
1. From the gamut of evidence on hand, it can be gathered/deduced
that,…
2. Taken all together,…
3. Finally, …
4. Hence, …
5. Therefore, …
6. From the foregoing, it can be deduced that there is really (i.e. a
violation of…)
7. From the foregoing, it is now safe to conclude that….
8. Lastly, …
9. Consequently,…
10. As a necessary consequence…
11. The logical implication is that…
12. At any rate,…
13. In view of the foregoing,…
14. As an inevitable conclusion,…
15.In the light of the circumstances,…
16. Undoubtedly,…
17. Indubitably,…
18. Clearly, the case at hand falls squarely within the purview of…
19. Verily, he/she has committed…
20. For this/these reason/s, it is unavoidable to conclude that…
21. Based on the facts obtaining,…
22. In this light,…
23. This being the case…
24. Clearly therefore, applying the aforecited ruling in the case at
hand,…
25. In light of the foregoing, it is beyond cavil (doubt) that,…
26. There is no doubt that…
27. To the unprejudiced mind, the actuations of the three, when
analyzed and taken together, leads to no other conclusion except that
(i.e. conspiracy
Using the outline and the “first liners” above, make a format or model of
your answer and use what you deem is applicable in a given question.
You may make your own models as many as you want but it is suggested
to have at least 10 models. Here are some examples (taken from my 2007
Bar Tips to NEU and INC Bar Examinees):
No/Yes. He can/cannot…..,
The law provides that/The Supreme Court has held in a line of cases……
Hence.. …
X’s claim is not meritorious, hence the case should be decided against
him
Therefore/Consequently… . . .
The. . . . is proper/tenable/untenable
Moreover . . ..Hence/Therefore
ENUMERATION
purposes.
1.
2.
3.
(1)…
(2)…
5. The following are the requisites for…
6. In order that a case for (i.e. B.P. 22) to prosper, the following
elements must be attendant/present:
7. To constitute (i.e. homicide), the following requisites must concur:
8. (i.e. Legal compensation) requires the concurrence of the following
conditions:
9. To establish a person’s culpability under (i.e. estafa), it is
indispensable
that…
DISTINCTION
When being asked to distinguish, do not state its definition. If you give
its definition, you are in effect asking the examiner to extract out the
differences of the two [or more] from your definition. Do not also give
their similarities. You are asked to differentiate and contrast, so
similarities are not included. The number of distinctions you will give
must also be proportionate on the points allotted for such. If it is only
worth two points, do not give 8 distinctions. The examiner cannot give
you 8 points for that. For a two point distinction question, perhaps, three
would be enough (four is not too much).
1. The (i.e. two) may be distinguished from each other in the following
ways:
a.
b.
2. In the first, it is necessary that there be….., whereas in the second it is
sufficient that there be ….
3. In the former, … while in the latter…
4. The former requires … while the latter…
5. … on the other hand ______________ is…
DEFINITION
1. ________________ is a comprehensive term used to describe
_______.
2. _________________, in its generally accepted sense, refers to ….
3. … It is a safeguard and guarantee provided by the 1987 Constitution..
4. … It is a kind of relief granted to a ______________ by the …
5. ________________ is a branch of public law (or private law)
which deals with..
6. It pertains to…
7. It connotes a ….
8. … is a doctrine in (i.e. Civil Law) which refers to…
9. … is a principle in (i.e. Criminal Law) which states that…
10. It presupposes…
11. Its principal identifying feature is..
12. It is akin to…
13. The function of which is to…
14. The office of which is to…
3. Set a time schedule. It’s easy to waste time by getting carried away by
a single question or by getting stuck on a question that’s giving you
trouble. Make a general allocation for each question and adjust the
time depending on their percentage weight. Monitor your pace so
that you stay calm and will be able to answer all questions on the
exam.
7. Use logic or common sense when you do not know the answer. Ask
the question, “What is the best solution or resolution for this case?”
or “If I were the examiner how do I want the question answered?” Do
not just guess, make a smart guess. Your best guide is to think what
is most just and equitable since these are the purpose any law seeks
to achieve.
11. Don’t submit your test booklet too early. There’s no prize for early
finishers. Budget and utilize all the time allocated for you to: (a)
compose good answers; (b) review your answers; and (c) write
legibly.
14. At least twice during your bar prep (ideally four), do a simulated
Bar exam day. Do a mock version of it. The key is to practice under
conditions similar to the actual Bar examinations. This will make you
mindful of time constraints and more comfortable when you
approach the real test, the Bar exam.
15.Finally, PRAY!