HOW TO ANSWER

BAR EXAM QUESTIONS

Atty. Annabelle B. Cañazares-Mindalano, RCh, RChE
Assistant Dean, MSU Law – Iligan Extension
Some weakness of bar examinees:

 inadequate command of the English language

 appalling lack of knowledge of the fundamental

principles involved in the examination questions

 inability to logically string their thoughts together

4 Ls

 law

 language

 logic

 layout
The examiner will be looking and expecting for
the following from your answer:

 Proper understanding and appreciation of the facts,

particularly of the components or details that can be
material in resolving the given problem;

 Appreciation of the applicable laws that may come into

play;

 Recognition of the issues posed;

 Resolution of the issues through the analysis and application

of the law to the given facts; and

 Presentation and articulation of answer.

In essence, your answer should clearly indicate:

 the relevant facts;

 the applicable law;

 your analysis; and

 your conclusion.
IDENTIFICATION OF THE PROBLEM

Your answer should demonstrate your ability to identify

correctly the problem(s) and issue(s) of law presented in the
question. Your answer should demonstrate your ability to
articulate and classify the problem presented, that is, to
state it in a lawyer-like fashion and to place it in its proper
category or categories of doctrine.
KNOWLEDGE OF THE LAW

Your answer should demonstrate your knowledge of legal

principles and your ability to repeat them accurately on the
examination as they relate to the problem presented by the
question. You should state concisely the principle(s) and
rule(s) governing the issue(s) presented by the question.
APPLICATION AND ANALYSIS

Your answer should reveal your capacity to reason logically

by applying the appropriate rule or principle to the
operative facts of the question as a step in reaching your
conclusion. This involves making the correct preliminary
determination as to which facts in the question are legally
important and which, if any, are irrelevant.
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

Articulation is expressive of the following basic

fundamentals: good language, impressive presentation,
logical reasoning and substantial background knowledge
of law and procedure.
TYPES OF BAR QUESTIONS

 Enumeration;

 Distinction;

 Definition;

 Reason behind the law/concept/principle

 Case problem
 ENUMERATION
 The real secret in remembering the matters contained in an
enumeration is the use of keywords.

 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.

EXAMPLES:

1. The following are the requisites for…

2. The following elements are generally considered in the

determination of..
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.
DEFINITION

EXAMPLES:

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..
REASON BEHIND THE
LAW/CONCEPT/PRINCIPLE

EXAMPLES:

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…

CASE PROBLEM

 This type comprises an average of 80 – 90 percent of the

questions in every subject.
CASE PROBLEM

This type comprises an average of 80 – 90 percent

of the questions in every subject.
CASE PROBLEM

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)
 CASE PROBLEM
ANSWERING IN THE POSITIVE – examples:
The petition is meritorious.
The contention has legal basis.
The case will prosper.
The argument is proper.
The provision is perfectly applicable.
The action is tenable.
The motion should be granted.
 CASE PROBLEM
ANSWERING IN THE NEGATIVE – examples:
The decision is not in accord with law and jurisprudence.
The decision is erroneous.
The contention is totally misplaced.
The doctrine of….. does not apply in this case.
The petition is not meritorious.
The evidence presented deserves scant consideration.
The contention has no legal basis.
 CASE PROBLEM
ANSWER THAT REQUIRES QUALIFICATION:
(But if the facts are complete in itself, do not attempt to
add facts or assume anything.)
We must distinguish. If… (or As far as the __________ is
concerned)
It depends. If…(or As far as the __________ is concerned)
The question requires a qualified answer. If…
I will qualify. If…
On the assumption that…
 CASE PROBLEM
CITING LAW PROVISIONS:
No less than the (i.e. 1987 Constitution) provides for the…
The (i.e. Rules of Court) substantially provides in part that…
Under the broad principles of (i.e. due process clause)…
Under the all-encompassing doctrine of (i.e. incontestability
clause)…
Under the law…
According to the (i.e. Family Code)…
The law is explicit on the matter.
 CASE PROBLEM
QUOTING SUPREME COURT DECISIONS:

The Supreme Court in one case, had the occasion to rule that…

In a long-line of cases decided by the Supreme Court, it has

always been (consistently) held that…

In a litany of cases decided by the Supreme Court,

 CASE PROBLEM
EMPHASIZING CASE DOCTRINES / JURISPRUDENCE:

It is hornbook doctrine in (i.e. Civil Law) that…

Immortal is the rule that…

Well settled is the rule…

Well entrenched is the principle that..

Elementary is the rule that..

 CASE PROBLEM
REFERRING BACK TO THE CASE

(correlating the facts with the law/jurisprudence)

Applying the said law/doctrine in the instant case,

From the facts given, noteworthy is the …

From the facts of the case, it is readily observable that…

In the instant case, it may be observed that…

 CASE PROBLEM
CONCLUDING WORDS

From the gamut of evidence on hand, it can be

gathered/deduced that,…

Taken all together,…

Finally, …

Hence, …

Therefore, …

From the foregoing, it can be deduced that there is really (i.e. a

violation of…)
THANK YOU FOR LISTENING!