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How To Answer Bar Exam Essay Question Impressively
How To Answer Bar Exam Essay Question Impressively
IMPRESSIVELY
By: 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.
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. 11. Patrolman Cruz, acting under orders of the Municipal
Mayor, Who wanted to put a stop to the frequent occurrence of robbery in
Sitio Masukal, patrolled the place. At about midnight, seeing three persons
acting suspiciously in front of an uninhabited house and entering the same,
he arrested them without warrant and took them to the municipal building
where they were detained in jail for about five hours before they were
released. Patrolman Cruz was accused of arbitrary detention. If you were the
Judge, would you convict him of the crime charged?
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.
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.
An answer that consists entirely of mere conclusions unsupported by
any statements or discussion of the rules or reasoning upon which it is based
is entitled to little credit. Clarity and conciseness are important, but make
your answer complete. Do not volunteer irrelevant or immaterial
information.
ARTICULATION
Articulation is expressive of the following basic fundamentals: good
language, impressive presentation, logical reasoning and substantial
background knowledge of law and procedure. Impressive answers showing
the candidates reasoning faculty is what the examiners want to read in your
examination notebooks.
Your answer should demonstrate your ability to analyze the facts
presented by the question, to select the material from the immaterial facts,
and to discern the points upon which the question turns. It should show your
knowledge and understanding of the pertinent principles and theories of law
involved and their qualifications and limitations. It should demonstrate your
ability to apply the law to the given facts, and to reason logically in a lawyer
like manner to a sound conclusion from the given premises.
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
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas,
Jr.
Page 5
case you encounter one. The usual types of Bar essay question are
enumerated below:
1.
2.
3.
4.
5.
Enumeration;
Distinction;
Definition;
Reason behind the law/concept/principle; and
Case Problem.
CASE PROBLEM
This type comprises an average of 80 90 percent of the questions in
every subject, hence, it is imperative that you are well-versed in answering
the same.
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.
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 -
4th Paragraph -
Okay, you already have an outline but isnt 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?
Knowing First Liners or introductory words will greatly help you to
quickly and smoothly string your thoughts and effectively convey your
answers. The following first liners or introductory words can be used
interchangeably to begin every paragraph of your outlined answer.
The following Useful Introductory Lines are mostly taken from the
article of Atty. Rey C. Tatad, Jr. with the same title.
The
The
The
The
The
The
The
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.
23.
24.
25.
26.
A
A
A
A
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,
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas,
Jr.
Page 12
35.
36.
37.
38.
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......
In the case at bar.....
Hence.. ...
X's claim is not meritorious, hence the case should be decided against him
According to the law/The Supreme Court, in many cases, has ruled that....
Based on the facts of the case
Therefore/Consequently... . . .
The. . . . is proper/tenable/untenable
It is a well settled rule/As provided for under the
Moreover . . ..Hence/Therefore
Under the provisions of RA/Constitution/Law/Statute. . . .
On the problem at hand..,..Consequently
On the other hand....
As such it should be ruled ... ...
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.
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas,
Jr.
Page 13
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.
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas,
Jr.
Page 14
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
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. Dont make the Examiner search for
your answers. Make your answer look professional. Dont use
textspeak and dont abbreviate. Answers which look professional, are
well organized and which use paragraphs and indenting where
appropriate make the Examiners 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.
Dont submit your test booklet too early. Theres 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
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas,
Jr.
Page 17
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 weve 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!