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Techniques in Answering Law School and B
Techniques in Answering Law School and B
DEFINITION / EXPLANATION
ENUMERATION
* Tips on answers that require enumerating something. (i.e. elements). 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. If you cannot
enumerate all, write it in paragraph form so that it would not easily be noticeable
that you missed something. (I got the above tip from our mentor Atty. Gafar Lutian)
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 (That was a tip I learned
from my professor in Civil Law Review I, Atty. Virgilio Gesmundo).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 followings
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…
But if the facts are complete in itself, do not attempt to add facts or assume
anything.
JURISDICTION
1. The case is beyond the ambit of the jurisdiction of the (i.e. Regional TrialCourt)
2. It is within the ambit of the (i.e. Secretary of Labor’s) power.
3. It is not within the province of the (i.e. Municipal Trial Court)
4. It is clearly within the powers of the (i.e. Labor Arbiter) to…
5. The case of (i.e. ejectment) lies with the Municipal Trial Court.
6. The case is cognizable by the (i.e. Regional Trial Court)
7. The case is covered by the (Rules on Summary Procedure).
8. The law vests upon the (i.e. Secretary of Justice) the power to…
ELABORATING/EXPOUNDING ANSWERS
Go straight to the point. The length of answers and expounding the same, must
always be proportionate to the points allotted for such particular question. The
higher the points, the more in-depth the elaboration should be. However, it must
not appear “na nambobola ka na”. Sometimes, if your answer is too long, it is an
indication that you are not sure of the answer so there is that need of getting
around the bush. Remember that most of the times, MORE TALK, MORE MISTAKE!!!
(I got this tip frommy professor in Political Law, Dean Mariano F. Magsalin, Jr.)
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….
REFERRING BACK TO THE CASE (correlating the facts with the law/jurisprudence)
Note: In my personal opinion, it is not proper to use the statements “in the case at
bench” or “in the case at bar” when answering. Although I guess it is very tempting
because it sounds good and professional to state, “in the case at bar/bench”, we
must
not forget that the cases given in the Bar are only theoretical. The statements “in
the
case at bench” and “in the case at bar” are more appropriately used in pleadings in
court. After all, you can use the statements “In the instant case, In the facts given,
Inthe problem given and In the question presented.”
CONCLUDING WORDS
• Make sure you have enough and complete sleep. A well rested mind can answer
and articulate better.
• Pray
• Review the material you personally believe is a good last minute tip for you.
• Compose yourself, your mind, heart and spirit. Focus on the exam alone and not
on the fear of failing. Stop or reduce your tension. Tension is normal, as long as it is
at a moderate level. After all, you will already be taking the bar, no turning back. So
might as well do your best. And you can only perform well if you are in a composed
mind and heart. (I suggest you close your eyes. Inhale then exhale as you count one
to ten. It might help)
• Boost your confidence by telling yourself “Walang (your surname) na di
magaling.” Or tell yourself “What kind of celebration will I do if I top or at least pass
the bar?” at least you might laugh kahit kabado .
If you are so sure of the answer, you can directly answer yes or no. But if you are
just guessing or not so sure of the answer, you better start citing law provisions and
jurisprudence first.
Logic behind: If you answer yes or no and it happened to be wrong, chances are,
you will get an automatic ZERO (0) for that item. The examiner might not read your
answer anymore. Come to think of it, it would be a waste of his time reading
explanation of a wrong answer. Besides, there are so many booklets to check.
On the other hand, if you cite the law provisions and jurisprudence first, even
though your yes or no answer placed in the last paragraph/sentence is wrong, you
might get some credit. (The examiner might say, “may alam tong batang to, nalito
lang”). Finally, at least, the examiner has read all your answer and explanation
before grading you for that item.
. Do not forget your test permits, Supreme Court color coded Identification card,
and other pertinent documents/things as required in the letter coming from the SC
allowing you to take the Bar.
. Bring a watch with you to keep you updated of the time left.
. Never be tempted to cheat.
. Keep your focus.
. Carefully read and comprehend the instructions and questions.
. Answer one at a time.
. Answer straight to the point. Be responsive to the question. Answer only what is
being asked. Though it is tempting to showcase your knowledge, do not over-
elaborate.
. Avoid erasures.
. Do not hurry at the expense of substance (and readability) of your answers.
. Leave a space before starting a new paragraph.
. Review your answers. Scan your booklet before submitting the same. Be sure you
have not left any question unanswered.
. Bring extra sign/fountain pens.
. Observe proper margin.
DISCLAIMER!!!
This is only a guide material and will not and cannot assure anyone of passing or
even topping the BAR. What is assured only is that it will greatly facilitate the
candidates’ presentation of his/her answers.
--------GO O D LUCK! ! ! ------