Never brief a case

The most efficient way to do this is to start with the commercial outline. Why reinvent the wheel
struggling for countless hours to create a context when someone has already done this for you?

If I could do it all over again, I would focus much more on the “black-letter” law—the holding and
how each case advances the ball in that particular area of the law because that’s what’s important at
exam time. I tended to focus too much on facts because I was terrified I would look stupid in class if I
couldn’t remember what a case was about.

MY DAILY STUDY ROUTINE

1. Start each night with a lesson from your commercial outline

Once you have your list of cases for the night in that subject, put the casebook aside (for now) and
consult one of the recommended commercial outlines. Go to the index in the outline and find the
pages where the cases you’ve listed are discussed. Chances are, the cases will be grouped together in
a section not unlike the one in your textbook. Read the section of the outline for understanding,
marking the holdings of your listed cases, and any explanatory text discussing how the cases affect
each other, with a highlighter. Don’t try to memorize things, or write anything down yet. Just read
and highlight.

That’s the magic epiphany you’re striving for in each of the subjects you’ll study in law school—to be
able to follow the cases, link by link down the chain, until you finally grasp the big picture of how all the
cases in the chain work together to govern a particular area of law.

2. Brief in Technicolor (Important in the socratic method)

 GREEN: facts
 YELLOW: critical legal reasoning
 PINK: holding; court; judge; procedural posture, definition of terms
 BLUE: important precedents cited and their holdings
 ORANGE: important dissenting remarks

a. First, skim the case completely from beginning to end. Just read. No pen, no highlighter, nothing.
Force yourself not to get too bogged down in minutiae. Just get a sense for how the case is
organized, what the case is about, what the holding is, and how much good supporting reasoning
is provided. Resist the urge to mark anything. An average-sized case should take you ten to
fifteen minutes to get through.

b. When you’ve finished skimming the case, you’re ready to start briefing it. Remember the one
cardinal rule about this method of case briefing—highlight sparingly. Mark the court, writing
judge, procedural posture, and holding in red, the most relevant facts in green, the most
persuasive or historically important reasoning in yellow, significant case precedent in blue, and
any notable reasoning in the dissent in orange. If you find yourself passively painting the text as
you go, rationalizing that you’ll come back to this later, you’re missing out on the benefit. Force
yourself to read, highlight, and mark the text actively and critically bringing out only the most
crucial aspects of each case.
 c. When you’ve finished, skim back over the case and write a word or two in the margins next to
each highlighted section to flag important concepts. For example, in a contracts case, you might
write “consideration” next to the part of the case where consideration is discussed, or “three-part
test” next to the place in a consti- tutional law opinion where a three-part test is applied. Just a
word or two here or there to trigger your memory. That’s all you need.

d. Finally, go back to the top of the opinion and draw yourself a simple picture to remind you what
the case is about. I don’t care that you got a C+ in seventh-grade art, just draw a picture that will
trigger your memory. No one else will see it but you.

Oh-oh. Didn’t highlight that, did you? Don’t ever forget to highlight the disposition of the case (affirmed,
reversed, remanded, vacated, etc.). It’s part of the holding, so it goes in red too, and it’s almost always in
the last three lines of the opinion before any dissents. For those of you playing along at home, the answer
is that a new trial was ordered. It’s right there in the last paragraph.

3. Supplement your notes and tab your statutes in class

Yet another benefit to briefing in Technicolor is the ability to concentrate more intently during lectures.
Personally, I hated taking notes in classes—there were always gaps in the notes I took, and while I was
distracted by the necessity of getting everything down, I would always miss important comments made
during the lectures.

By briefing this way, you’ll already have marked 90 percent of the material the professor will bring out
during the lecture. No need to frantically write down holdings, procedural postures, or important
reasoning—you’ve already captured it.

You may also want to date the cases as the professor discusses them such that, at the end of the semester,
you’ll know what cases the professor discussed in class and on what days.

Go to your campus bookstore or nearby office supply store and purchase a few sets of stick-on “flags”
that you can write on. Bring them to class with you every day, and every time a professor discusses a
particular rule or code provision, highlight the relevant portion of the provision, write anything the
professor says about it in the margin next to the provision, and then flag it in the statutory compilation
(Codal?) with a stick-on tab with the number of the provision and a brief description written on it.

4. Write your own outlines

Start just as you did last night by typing in the names of the cases you read in chronological order. Be
sure to include the name of the court and the date of the decision to aid understanding and avoid possible
confusion.

a) Now, taking each case one at a time, refer to your casebook and, after scanning for green
highlighter, plug in one to four sentences of the most relevant facts.
b) Next, go back to the casebook and, after looking quickly for red, plug in the holding.
 c) Next, go back to the casebook and see if the professor had anything interesting to say about the
case historically, politically, or contextually. What, if anything, did you scribble down in the
margins? Skip a line after the holding and plug it in.
d) Finally, go back to the commercial outline where you started last night and remind yourself of
what it had to say about the case. What did you highlight? Did the outline help to put the case in a
framework by linking it to the cases that preceded and postdated it? Did the outline make any
other remarks that your professor didn’t? If so, add these notes from the commercial outline right
after your professor’s comments.

Do this for every case you covered, in every subject you had that day, during every day of the semester. It
will probably take you about an hour, on average, to update your outline for each class. Assuming that
you have three classes a day, that means that you’ll be spending three hours every day developing your
class outlines.

THE MOST IMPORTANT THING that you can do in law school on a day-to-day basis is maintain
your focus.

Listen closely. All the reading and color-coded briefing that you’ve been doing isn’t going to do a thing
for you if you don’t find a concise way to structure it.

You have to realize that the key to being successful is not necessarily being prepared for class, but rather
focusing on your outlines and on learning the black-letter law in preparation for your exams. Don’t
worry about being prepared for class.

WHAT ELSE DO I HAVE TO DO BETWEEN NOW AND EXAMS?

1. Acquire old exams

Spend the dead time between classes this week in the law library making photocopies of at least three old
exams and model answers in each of your subjects. Do the best you can to find the actual exams that your
professor has administered in the past, as every professor has a different exam-writing style, and different
preferred areas of focus.

Resist the urge to work any of the exams, or even to read any of the model answers, until you’ve
finished outlining.

2. Clarify exam rules with each of your professors

It’s time to find an off-campus location to study

Mapping out the law

Pay particular attention to anything the professor writes on the board during a review session—as
it is likely to be important to the exam, and write down any hypotheticals she covers, as they may
closely mimic exam questions.

“Outline your exam answer before you begin to write,” Yvette suggested. “Write big, and write
legibly.
Use headings whenever possible to help guide your professor through your response, and don’t
waffle or equivocate.

If you must equivocate, or if the outcome of a question is seriously in doubt, take what you perceive
to be the stronger position in your heading, and then add a sentence or two of potential alternative
outcomes at the end of your response. Adopting this structural approach to answering essay exams
will make your exam read more clearly and look more professional—attributes which almost
always translate into higher grades.

A couple of final pieces of advice. First, answer only the questions the professor asked you to
answer—don’t waste your time with extraneous issues or go off on a tangent for the sake of getting
more of what you know down on paper.

Chances are, if it’s not on the professor’s grading sheet, you’re probably not going to get credit for
it.

Finally, if you perceive a problem with the question or must make any assumptions prior to giving a
response—be sure to note your assumption at the top of your response to make the professor aware of the
perceived ambiguity.

Yes, to some degree, especially in the first year, law school is about survival. It’s about reading more than
you ever have, forcing yourself to be more disciplined than you ever thought you could be, and replacing
confusion and fear with confidence and mental acuity.

It’s about learning to write clearly and concisely, to question the way you think about things, and to look
at everything in the world through a more critical, analytical prism.

Success comes only with great sacrifice and dedication to the curriculum and the work. You must study
the basic obstacles law school presents, focus on adequate preparation, polish your writing skills, take the
outlined guidelines to heart, and put forth a conscious effort to implement these skills in your daily work.

Take your first-year exams and grades very seriously, as they will affect the rest of your law school
journey. However, keep them in perspective and know that there is a learning curve to the entire process.

Remember: law school exams don’t want the right answer; they want all the possible answers.
Remember: law school exams don’t want to know which argument is right; they want the best arguments
on both sides. Once you’ve discussed which rule should apply, you move on to the facts on the exam.

The most important mental habit a law student can develop is the habit of asking, Do I need to retain this
piece of information? Why? Challenge each piece of information as if it were an armed stranger knocking
on your door in the middle of the night. Why should you let it into your notes? What business does it have
there?

You can sometimes tell why a professor wants you to read a case by juxtaposing it with other cases
you’ve read. Usually the purpose of putting cases together in a syllabus is to line the cases up so that you
can see the differences between them. One case will involve a requirement of premeditation; the next will
be similar in a lot of ways, but will involve an exception to the premeditation requirement. The next will
involve an alternative requirement. The point will be for you to ask yourself, Why did the courts apply
different requirements in these different cases? What is the rule, and what are its exceptions?

Remember, too, that many of the important issues on your exams will involve conflicting propositions
rules that contradict each other. If you’ve studied two conflicting rules that might apply to the exam’s fact
pattern, your job on this exam is to identify the conflict of rules. You’ll say that two rules might apply,
and then make whatever arguments are available under each rule. Again, exams don’t want the “correct”
answer. They want all the possible answers, based on the propositions you’ve studied in class.

Some Issue-Spotting Shortcuts:

FOCUS ON WHAT CONFUSES YOU

AMBIGUITY IS AN ARGUMENT WAITING TO HAPPEN

Be on the lookout for ambiguity in statutory text. If you see statutory language quoted on an exam, it’s
often because the professor thinks there’s an ambiguity you ought to spot.

FOCUS ON WHAT’S NEW

FOCUS ON YOUR ASSUMPTIONS

Sample note taking:

A. The Guilty Act Must Be Voluntary

The Voluntariness Requirement A voluntary act is required: Model Penal Code § 2.01

B. Blackouts and Automatism Are Complete Defenses

Unconsciousness while in shock is a complete defense to murder: People v. Newton

C. Sudden Heat Is Not a Complete Defense

“Sudden heat” (insane rage) only reduces murder to manslaughter: Baird v. State

What did that case say? What did the professor mean? The habit of asking yourself questions like these
is one of the most important skills a law student can develop.

EXAM TAKING TIPS

A ready outline or structure of your answer will tremendously help you to answer faster without missing
an important part. By constant practice in answering this type of question with the outline/structure in
your mind, you will be amazed how it easy for you to start outright and tackle the question and come up
with an impressive answer.

Below is the suggested outline/structure of your answer for a “case/situationer problem” question:

1st Paragraph - Positive/Negative/Qualified Answer

2nd Paragraph - Applicable Law/Jurisprudence
3rd Paragraph - Correlation of the Law/Jurisprudence with the Facts of the Case
4th Paragraph - Conclusion (this may be part of the 3rd Paragraph)
The following “Useful Introductory Lines” are mostly taken from the article of Atty. Rey C. Tatad, Jr.
with the same title.

ANSWERING IN THE POSITIVE

1. The petition is meritorious.
2. The contention has legal basis.
3. The case will prosper.
4. The argument is proper.
5. The provision is perfectly applicable.
6. The action is tenable.
7. The motion should be granted.
8. The Judge is correct.
9. The petition is impressed with merit.
10. Yes. It is a (i.e. patent violation) of the
11. There is merit in the petition.
12. The petitioner’s contention is sustainable

ANSWERING IN THE NEGATIVE

1. The decision is not in accord with law and jurisprudence.
2. The decision is erroneous.
3. The contention is totally misplaced.
4. The doctrine of….. does not apply in this case.
5. The petition is not meritorious.
6. The evidence presented deserves scant consideration.
7. The contention has no legal basis.
8. The argument is bereft of merit.
9. The petition is devoid of merit.
10. Petitioner’s/Respondent’s/Complainant’s/Plaintiff’s/Defendant’s/Accused 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 of a person), it does
not, however mean…
27. It is not correct to say that…
28. It is not proper to state that…
29. It is not accurate to conclude outright that…
30. A contrary conclusion would erode the rule that provides in part that…
31. To sustain the contention would be to render the law on ____________ 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 language of the law.
38. The Supreme Court, in several cases, has struck down the (i.e. defense of alibi)
39. The attendant circumstances of the case are contrary to the petitioner’s 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.

ANSWER THAT REQUIRES QUALIFICATION

(But if the facts are complete in itself, do not attempt to add facts or assume anything.)
1. We must distinguish. If… (or As far as the __________ is concerned)
2. It depends. If…(or As far as the __________ is concerned)
3. The question requires a qualified answer. If…
4. I will qualify. If…
5. On the assumption that…
6. My answer must be qualified.

CITING LAW PROVISIONS

1. No less than the (i.e. 1987 Constitution) provides for the…
2. The (i.e. Rules of Court) substantially provides in part that…
3. Under the broad principles of (i.e. due process clause)…
4. Under the all-encompassing doctrine of (i.e. incontestability clause)…
5. Under the law…
6. According to the (i.e. Family Code)…
7. The law is explicit on the matter.
8. The law explicitly expresses in part that…
9. By express provision of law,…
10. By operation of law…
11. As a matter of law…
12. Worth remembering is the rule on _______________ which provides in
part that…
13. Decisive on the matter is the pertinent provision of the (i.e. Law on
Property)
14. The law prescribes certain rules on…
15. By legislative fiat…

QUOTING SUPREME COURT DECISIONS

1. The Supreme Court in one case, had the occasion to rule that…
2. In a long-line of cases decided by the Supreme Court, it has always been (consistently) held that…
3. In a litany of cases decided by the Supreme Court,
4. In a long-string of cases decided by the highest court of the land,
5. According to several cases decided by the Supreme Court,…
6. In a series of cases decided by the Supreme Court,
* Do not use the words series, litany or long-line if there is only one
decision/jurisprudence for that topic.
7. In one case decided by the highest court of the land, it was held that
8. In one case, the Supreme Court ruled that
9. It has been said that…
10. In a recent case, the Supreme Court has laid to rest the issue of whether or not…
11. It is well settled in this jurisdiction…
12. It is well settled in this country…
13. The Supreme Court has steadfastly adhered to the doctrine which states 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 Supreme Court laid down the
doctrine which substantially provides that…
18. In the leading case of …
19. As enunciated by the Supreme Court in one case,…
20. The court has repeatedly ruled…
21. A case in point is a case already decided by no other than the highest
court of the land, where the Supreme Court held that…
22. There is likewise an array of cases in this jurisdiction where the Supreme
Court has consistently declared that…
23. Deeply rooted is the jurisprudence which provides that…
24. In one case, the Supreme Court was emphatic when it ruled that….

EMPHASIZING CASE DOCTRINES / JURISPRUDENCE

1. It is hornbook doctrine in (i.e. Civil Law) that…
2. Immortal is the rule that…
3. Well settled is the rule…
4. Well entrenched is the principle that..
5. Elementary is the rule that..
6. The cardinal rule in (i.e. labor law) is that
7. It is a familiar canon in (i.e. political law) that
8. By well settled public law…
9. Basic is the rule in (i.e. Criminal Law)…
10. It is an elementary principle in…
11. It is a fundamental doctrine in…
12. Well accepted is the rule that…
13. It is axiomatic in (i.e. Civil Law) that
14. Enshrined in the 1987 Constitution is the rule that (i.e. no person shall
be deprived of life, liberty or property without due process of law)
15. Consonant with the rule on…
16. It is a recognized doctrine in (i.e. Civil law) that…
17. It is a basic tenet in (i.e. Commercial Law)
18. Consistent with current jurisprudence
19. It is a legal presumption, born of wisdom and experience, that …
20. It is an oft-repeated rule that…
21. The Philippines adhere to the principle of…

REFERRING BACK TO THE CASE

(correlating the facts with the law/jurisprudence)
1. Applying the said law/doctrine in the instant case,
2. From the facts given, noteworthy is the …
3. From the facts of the case, it is readily observable that…
4. In the instant case, it may be observed that…
5. It is crystal clear from the facts presented that (i.e. the crime of treason)
is present (or was committed).
6. In the present case, it is immediately noticeable that the element of
__________ is wanting (or lacking).
7. Under the circumstances, the proper remedy would be…
8. The case obtaining indicates a case of (i.e. B.P. 22)
9. It logically follows…
10. It goes without saying…
11. Even assuming arguendo, for the sake of argument that…
12. The situation in the case at hand…
13. The situation presented evinces a case of...
14. The facts sufficiently indicated …
15. In the given facts, it is immediately apparent that…
16. It is evident that…
17. In the same token…
18. Under the facts stated in the problem,…
19. In the case under consideration,…
20. Worth stressing is the fact that
21. Worth emphasizing is the fact that
22. The facts would reveal that…
23. A careful perusal of the facts of the case would reveal that…
24. A careful scrutiny of the actuations of the accused would reveal that…
25. A careful reading of the (i.e. Deed of Absolute Sale) would reveal that…
26. A cursory examination of 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 among them existed)
28. Inescapably, therefore,…
29. All things considered,…
30. It follows therefore that…
31. As a logical result…
32. In sum,..
33. In view of the fact that…,
34. All told,…
35. Given the prevailing facts…
36. Having stated the foregoing premises,…
37. One final point,…
38. Accordingly,…

ENUMERATION
The real secret in remembering the matters contained in an enumeration is the use of keywords. Make
your keywords on enumerations you consider important. Never leave a blank in an enumeration!
However, if you use the letters a, b, c, etc. for numbers in the enumeration, so much the better. Ten to
one, the examiner may not count his fingers. Make the first four in the enumeration definitely good.
If you can enumerate all, write it in bulleted or numbered form to highlight the fact that you know all of
them and for more convenient-reading purposes.
1.
2.
3.
If you cannot enumerate all, write it in paragraph form so that it would not easily be noticeable that you
missed something.

1. In capsule form, the following are the elements of the crime of _______
2. In a nutshell, the following are the elements of the crime of _________
3. The following elements are generally considered in the determination of the presence of (i.e. employer-
employee relationship)
4. Among the (i.e. defenses/remedies) available to (i.e. Mr. X) as provided for by/in the (i.e. Civil Code)
are:
(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…

REASON BEHIND THE LAW/CONCEPT/PRINCIPLE

1. The purpose of the law is…
2. The law is designed to…
3. It is intended to shield …
4. It is primarily aimed at protecting ____________ from unwarranted ____
5. The rationale behind the law is…
6. The spirit of the law is to the effect that…

ADDITIONAL TIPS ON HOW TO APPROACH BAR ESSAY QUESTION

1. Finishing is the key. Many fail the Bar exam because they don’t finish the exam. They spend so much
time on an early question that they can’t finish the later ones. Or they work on all of the questions at once,
but without finishing some or all of them. Either way, these Bar candidates are writing too slowly, and it
costs them their ticket to a law license. Focus on one question at a time. Don’t bother or think of another
question while answering one.

2. Budget your time according to the number of questions and length of problems. Check the point
percentage allocation for each question. This will be your guide on how much time you will spend for a
question. Of course, you will devote more minutes to questions with a big or higher percentage (i.e. 5%;
10%) than questions with a minimum point percentage (i.e. 1%; 2%).

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.

4. If the question is lengthy, read first what is required at the bottom of the question. By doing this, you
will be able to determine what facts do you need and what facts are immaterial. This will save you time
from re-reading the question. You can also start formulating your answer in mind while reading the
question, thus, it will be easier and faster for you to write your answers since you are already guided by
your earlier analysis. It will also minimize errors and erasures.

5. Be reminded that one of your tasks while preparing for the Bar exam is to become an expert fact
pattern reader. So what do you do if you aren’t very good at reading facts? You need to experiment with
different ways to get better at reading facts. Practice answering past Bar questions as many as you can.
Analyze the suggested answers and take note how the answers used the facts in the problem. Remember,
you won’t get all the possible points if you don’t understand what the Bar examiners are asking you. You
must become an expert fact reader in order to write a complete exam answer.

6. Before answering, formulate on your mind what will be placed on your first, second and third
paragraphs. Mentally apply your outline. The first paragraph normally contains a one-sentence direct to
the point answer to the question. The second paragraph commonly contains legal basis (provision of law
in point, jurisprudence, co-relation of the jurisprudence/provision with the facts of the case and
application). Third paragraph normally contains the conclusion. When you are already decided of your
answer, write it according to your thoughts. In this approach, you will not only be avoiding unnecessary
revisions and erasures, you will also maintain the cleanliness of your booklet. Bear in mind that, a dirty
booklet is irritating to the eyes of the person checking the same.

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.

8. If you really have no idea on how to answer a really difficult question, or a borderline case, or you do
not know what the answer is, the use of inverted pyramid of answering question may be helpful. This may
be done by inverting the usual answer format. Initially, present your knowledge of the law and/or
jurisprudence, then make your smart guess. With this, you may be able to show or convince the examiner
that you know something about the issue but you were merely incorrect in your conclusion, you may get a
credit for your answer.

9. Number your answer accordingly. Don’t make the Examiner search for your answers. Make your
answer look professional. Don’t use textspeak and don’t abbreviate. Answers which look professional, are
well organized and which use paragraphs and indenting where appropriate make the Examiner’s job
easier.

10. An answer to one question in one problem requires a separate page. Answers to sub-questions may be
presented continuously in a page separated by space/s. It is suggested, however, that even answers to sub-
questions be presented on separate page, unless your answer is very short, so that in case you want to
change any or in case you have missed a sub-question, you can still insert your answer in the remaining
spaces of the page.

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.

12. Practice, practice, practice. Practice is vital to your success in the Bar exam. You must get used
answering Bar essay questions. The only way to know if you can (or if you know the law) is to practice.
Answering Bar questions regularly will help you learn the law as well as become a better tester. There are
many sample bar exam essay questions and answers available on the internet. You may also find the
Q&A published by the UP Law Center helpful.

13. The key to success in any endeavor is preparation. Familiarity with the structure of the essay
questions and how you respond to them will go a long way in alleviating your anxiety on test day. You
job is to practice the approach we’ve just outlined so that it becomes so automatic by exam day that you
move from one step to the other without missing a beat.

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!