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Legal Research Reading No. 3 Surviving Law School
Legal Research Reading No. 3 Surviving Law School
3
SURVIVING LAW SCHOOL
ATTY. NEL EDIZA
TABLE OF CONTENTS
I. Message…………………………………………....….2
II. Tips to Survive Law School…………………..……3
III. 10 Must Haves For Law Students……………..….8
IV. Creating the Law School Plan……………….…...10
V. Tips in Creating a Case Digest……………….…..13
VI. Format of a Case Digest………………………..…14
VII. Tips for Multiple Choice Questions…………..…16
VIII. Legal Research Topics…………………………..17
A. Formal Class Discussion
B. Practical Exercises
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LEGAL RESEARCH READING NO. 3
SURVIVING LAW SCHOOL
ATTY. NEL EDIZA
MESSAGE
As you embark the law journey of becoming a member of the Bench, let me
assure you that I will always be with you in much prayers, care and support.
Trust God who began this good work in you. Our Lord Jesus Christ will certainly
walk with you these next five (5) years.
Allow God to actively work in your lives these days as He does what is certainly
best for us.
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LEGAL RESEARCH READING NO. 3
SURVIVING LAW SCHOOL
ATTY. NEL EDIZA
Law school is stressful, and that’s by design: the rigors of earning your law
degree are similar to the rigors you’ll endure as a budding legal professional,
where only the strong survive. And although law school can be difficult, that
doesn’t mean you have to become insane on the way to graduation. There are
several ways to cope, prevent stress, and stop the insanity before it starts. We’ve
outlined 25 tips that can help you stay sane and happy, and even live like a
normal person now and then.
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LEGAL RESEARCH READING NO. 3
SURVIVING LAW SCHOOL
ATTY. NEL EDIZA
3. Practice time management
It’s tempting to just jump in and do all you can without thinking about how it’s
actually going to get done, but by budgeting your time, you can accomplish more
and have less anxiety about it all. Manage your time by reviewing your weekly
goals and tasks, then organize your time into daily task lists. You may not meet
your goals perfectly every week, but by managing your time, you will likely get
closer to perfect and have less worry about how it’s all
going to get done.
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LEGAL RESEARCH READING NO. 3
SURVIVING LAW SCHOOL
ATTY. NEL EDIZA
13. Don’t be afraid to rely on the study skills you already know
Plenty of people will tell you that law must be studied in a way that’s radically
different from anything else, and you have to do things completely different from
the methods you’re used to. But Ilya Somin of The Volokh Conspiracy does not
agree, remarking that if it works for you, you can certainly study the same way
you got through your work as an undergrad or graduate student. You may need
to make minor modifications, but it’s certainly possible to go with what you know
and avoid the stressful process of learning a brand new way to learn.
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LEGAL RESEARCH READING NO. 3
SURVIVING LAW SCHOOL
ATTY. NEL EDIZA
Make humongous efforts feel like less work by taking them one small step at a
time. Identify tasks within large projects, breaking things into subtopics and
assigning smaller time blocks so that you can focus on manageable pieces. This
will help you keep things organized, and give you motivation to keep going as
you accomplish small goals along the way.
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LEGAL RESEARCH READING NO. 3
SURVIVING LAW SCHOOL
ATTY. NEL EDIZA
20. Take short breaks when you’re feeling the pressure
It’s natural to feel a little overwhelmed in law school, and it’s also understandable
for students to want to push through and work as hard as possible. It’s important
to be human, and take short breaks before your stress and anxiety turns into full-
blown panic and a situation in which you just can’t get anything done. Take short
breaks, do mindful breathing, and allow information to sink in while you rest.
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LEGAL RESEARCH READING NO. 3
SURVIVING LAW SCHOOL
ATTY. NEL EDIZA
the same issues. But people in the real world can bring you out of your dark hole
when your law school friends fail to do so.
See: http://www.onlinecolleges.net/2011/12/20/25-tips-staying-sane-law-
school/#.TvRvaNXlENc.facebook
b. Ability to understand the meaning and significance of the law and its
basic principles (UNDERSTANDING) 40%
A cool demeanor and carefree attitude may help you survive law school but this
10 must-haves are the basic 'tools' of the trade to help you have some
semblance of sanity and organization in your
day to day existence in law school:
3. A tablet
If you must, a tablet is an alternative to a heavy
laptop, for those easy to browse version of the
case digests, this tablet can be real handy.
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LEGAL RESEARCH READING NO. 3
SURVIVING LAW SCHOOL
ATTY. NEL EDIZA
4. A Wifi Connection
As pointed somewhere else above, fast and reliable wifi connection is a must. I'm
glad most law schools are already wifi connected.
5. A sturdy Bag
Need we say more? Law books are a pain in the body and back
and to carry so make sure to have a great backpack that will last
any law student 6 months and more. Some popular brands may be
had if it's within your budget. But really, I trashed a 10-day old bag
Big name backpack which costed me P3,500 about three years ago. So
make sure to do a test run, Or I should be making bags especially for law
students. Pick a nice one with interesting colors (to help color your dreary day).
Choose according to function and perhaps a dash of fashion and you'll never go
wrong. But remember, brand name popularity doesn't always translate to that
bag able to withstand the rigors of a 5-kilo law book load.
7. Set of highlighters
Female law students grab highlighters and use them all the time to highlight
everything (well, almost all). Some love them in different hues and colors and
they are available in your favorite book stores and school supply stores. It gave
me an idea to offer them in my future online store catering to law students and
medical students alike.
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LEGAL RESEARCH READING NO. 3
SURVIVING LAW SCHOOL
ATTY. NEL EDIZA
Source: http://lawsandfound.blogspot.com/2013/09/top-10-things-law-student-
really-needs.html
2. BRIEF THE CASES. Take notes while reading. For each assigned
case, write down the legally significant facts, the holding of the case,
and the rationale for the court's decision. This is what is referred to as
"briefing" cases. Your case briefs should be just that-brief.
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LEGAL RESEARCH READING NO. 3
SURVIVING LAW SCHOOL
ATTY. NEL EDIZA
10. REVIEW, REVIEW, REVIEW. Just because you don't have an exam
until the end of the semester does not mean that you should wait until
the reading period to begin your review. This is not undergraduate
school. You cannot cram right before finals and get good grades.
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LEGAL RESEARCH READING NO. 3
SURVIVING LAW SCHOOL
ATTY. NEL EDIZA
Therefore, make time for frequent review over the course of the
semester.
14. CREATE A STUDY PLAN. Many students complain that they do not
have enough time to brief cases, prepare outlines and/or take practice
exams.
15. REVIEW YOUR EXAMS. Meet with your professors to review your
exams after grades have been posted. This is the best way to
determine what you did well and what you need to improve.
16. MINIMIZE YOUR STRESS. Law school can be stressful, but there are
a number of steps you can take to keep stress to a minimum. Humor is
a great stress reliever. Make time for exercise-carrying 100 pounds of
law books every day doesn't count. Eat fruit, vegetables, and whole
grain foods on a regular basis-a diet Coke and a package of Ding-
Dongs are not a balanced breakfast. Don't overdo your caffeine intake;
drink lots of water instead. Get at least seven hours of sleep per night.
Maintain a life outside of law school. You don't need to give up all of
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LEGAL RESEARCH READING NO. 3
SURVIVING LAW SCHOOL
ATTY. NEL EDIZA
the things you enjoyed doing before you went to law school; you just
won't be able to do them as often. Finally, if you think that your stress
level is getting out of control, talk about it with your significant other, a
family member, a close friend.
18. GET HELP IF YOU NEED IT. It is not uncommon for students to be
confused about the substantive law covered in their classes, how to
prepare for class, how to study for exams, how to manage their time or
how to take law school exams. Indeed, it is the rare student who does
not have questions about these subjects from time to time, particularly
during the first year of law school. If you have questions, there are a
number of resources available to you. Every professor holds weekly
office hours. The Academic Fellows for your courses also are available
to help you, as is Professor Faulkner. Please visit us if you have any
questions. We're here to help.
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LEGAL RESEARCH READING NO. 3
SURVIVING LAW SCHOOL
ATTY. NEL EDIZA
it all over again. Highlighting important texts of the case which are related to the
topic you’re on will help you have a coherent grasp of the case.
3. Now after reading the case in full, you’re now ready to write your case
digest. In a “formal” case digest, there are five parts which are:
o Caption – This is just the title of the case. It can be as plain as “People vs
Juan de la Cruz” or detailed to include the SCRA number, GR number,
ponente and the date.
o Facts – This portion is supposed to answer the “Who, What, When, How,
Why” stuff of the case.
o Issues – This is the legal conflict or the legal controversy sought to be
resolved by the Supreme Court.
o Ruling – This is the decision or jurisprudence laid down by the court.
o Concurring/Dissenting Opinions – These are not always present in all cases
and normally they do not place any significance to the current ruling being
discussed (but they may serve a significant role in future Supreme Court
decisions especially when doctrines are reversed or totally abandoned).
These opinions may also be an additional explanation as to how certain
justices voted, the wisdom behind their votes, and as to how the decision is
reached. Be very wary because some professors would also ask questions
pertaining to these opinions – especially when such opinions are adopted as
the general rule in some future cases.
4. Other things you may want to consider may include: how your professor
conducts recitation, is your professor more of a “facts” guy or a “court ruling” guy;
either way, you can custom make your digests in a way that will make you
remember the facts and the jurisprudence of the case. Some students prefer
replacing the “characters” with letters like “X” and “Y” but that may not sit well
with other professors especially if they are meticulous with the facts of the case.
Source: www.uberdigests.info
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LEGAL RESEARCH READING NO. 3
SURVIVING LAW SCHOOL
ATTY. NEL EDIZA
contract void?" Sometimes, students frame the question by starting it with the
word "whether," for example, "Whether the contract is void" or "Whether or not
the contract is void." The answer to the question has to be answered in the
ruling.
IV. Ruling. This usually starts with a "yes" or a "no." This is the answer to the
question/s involving the issue. After the categorical yes/no answer, the reason for
the decision will be explained.
V. Concurring and Dissenting Opinions. This part is optional, but it would help to
include them because there are professors who ask for separate opinions in
recitations.
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LEGAL RESEARCH READING NO. 3
SURVIVING LAW SCHOOL
ATTY. NEL EDIZA
Petitioner filed a Motion to Dismiss on the ground that the declaration of their
marriage, which is void ab initio, is superfluous and unnecessary. He further
suggested that private respondent should have filed an ordinary civil action for
the recovery of the properties alleged to have been acquired by their union.
RTC and CA dismissed the petitioner's motion for lack of merit.
ISSUES:
1) Whether or not a petition for judicial delaration of a void marriage is necessary.
(If in the affirmative, whether the same should be filed only for purpose of
remarriage.)
2) Whether or not the petition entitled "Declaration of Nullity of Marriage and
Separation of Property" is the proper remedy of private respondent to recover
certain real and personal properties allegedly belonging to her exclusively.
HELD:
1) Yes. The nullification of a marriage for the purpose of contracting another
cannot be accomplishedmerely on the basis of the perception of both parties or
of one that their union is defective. Were this so, this inviolable social institution
would be reduced to a mockery and would rest on a very shaky foundation.
On the other hand, the clause "on the basis solely of a final judgment delaring
such marriage void" in Article 40 of the Code denotes that such final judgment
declaring the previous marriage void is not only for purpose of remarriage.
2) Yes. The prayer for declaration of absolute nullity of marriage may be raised
together with the other incident of their marriage such as the separation of their
properties. The Family Code has clearly provided the effects of the declaration of
nullity of marriage, one of which is the separation of property according to the
regime of property relations governing them.
Hence, SC denied the instant petition. CA's decision is affirmed.
Source:http://diorysdiction.yolasite.com/diory-and-her-diction/how-to-write-a-
case-digest
TIPS FOR MULTIPLE CHOICE QUESTIONS
Here is a compilation of tips for answering the MCQ Bar Examination, sourced
from the talk of Justice Abad & Atty. Abad:
2. In case of doubt, look at the intent of the examiner. You can also use the
process of elimination.
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LEGAL RESEARCH READING NO. 3
SURVIVING LAW SCHOOL
ATTY. NEL EDIZA
5. The MCQ will only have one answer that experts will generally agree on,
so do not worry about outlier answers.
6. Since it is choose the “CORRECT” not the “BEST” answer, pick the
answer that provides a correct response to the question.
8. Do not dwell on one number too long, if necessary, skip it. You need to
budget your time.
9. Mark unsure answers so you can review them before time is up.
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