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How To Answer Bar Exams
How To Answer Bar Exams
How To Answer Bar Exams
The examiner will be looking and expecting for the following from your answer:
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.
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.
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.
The line of reasoning that you adopt should be clear and consistent without gaps or
digressions. This is the most important element in your answer and, therefore, carries the most
weight in the grading process.
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
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 case you encounter one. The usual types of Bar
essay question are enumerated below:
1. Enumeration;
2. Distinction;
3. Definition;
4. Reason behind the law/concept/principle; and
5. 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.
3rd Paragraph – Correlation of the Law/Jurisprudence with the Facts of the Case
4th Paragraph – Conclusion (this may be part of the 3rd Paragraph)
Okay, you already have an outline but isn’t 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.
(But if the facts are complete in itself, do not attempt to add facts or assume anything.)
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
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…
CONCLUDING WORDS
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……
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….
Therefore/Consequently… . . .
The. . . . is proper/tenable/untenable
Moreover . . ..Hence/Therefore
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)…
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
3. be ….
4. In the former, … while in the latter…
5. The former requires … while the latter…
6. … on the other hand ______________ is…
DEFINITION
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.
Why? I'll tell you why. You want to appreciate and understand a story? Read the book
and watch the movie after. As a general rule you DO NOT! I repeat, YOU DO NOT read
the digest first before the full text of the case. That is a mortal sin for professors if they
found out you've only read the case digest and not the full text. It gives you that image
of being lazy, and that's a big problem with the capital "P" in it. But as the saying goes, "if
there's a general rule, there's an exception" which is, if you are hopeless already and you
have to finish the case before the end of the world which is the class itself. But this is not
advisable some professors are tricky and try to ask questions that are found in the full
text and most of the time are being overlooked by the students (Such as the date, the
justice who penned the case, the names of the petitioner and respondent, etc.). SO DO
YOURSELF A FAVOR, GET A FULL TEXT COPY OF THE CASE! You can get the full
text of the case either through the internet or directly from your law library.
HERE'S A TIP:
You can just leave the copy of the list of cases to the librarian or the Xerox Copy
Person (XCP because I do not know how those people are called.) and ask him/her kindly
if he/she could go look for the listed cases there, if they are kind enough to fetch the case
for you then you're lucky, and perhaps a tip would be nice to show your appreciation.
Make sure you give them the case list 2 days or a day before you need the copies of the
full text. It's not easy to xerox all those cases you know. If not? Well, it's one hell of a long
journey for you looking at the SCRA one by one.
I prefer getting the full text of the case directly from the library than the internet.
Why? You can see the rulings directly at the first page of the SCRA, it's already
categorized according to a particular topic of law related/included in the case. It's much
easier to digest.
STEP 2: DON'T JUST LOOK AT IT, READ IT!
You got the case? Good. Now, you read it. Have this relationship with the case, you pay
close attention to the case and while you're at it perhaps you might want to write some
notes regarding the case not so hard of a start isn't it? Reading the case takes some time,
but take note of the important things just in case, these are:
Now, some cases are interesting, criminal cases, cases relating to annulment and the
likes. However, you'll have a problem with cases that will not really spark your interest.
For me, cases relating to tax and corporations are incomprehensible and boring, but you
have to read these cases no matter what. It's worth the effort guys. If you can read fifty
shades of grey or the twilight saga then you can also read those cases. Think that your
life and grade depend on it. Put humor in the cases, something that will remind you of
what is that case all about.
Don't just think about them, ink them. Remember that a case digest should be a page
short only as much as possible, you're not rewriting the full text, you are summarizing
it. Now there are formalities which are to observed in writing down your case digest, I
will discuss them step by step.
STEP 3.A: NAME OF THE CASE, GR. No., DATE and JUSTICE WHO PENNED THE
CASE.
This is important. If the full text is entitled "Maria Corazon de Jesus Victoria Trinidad
vs. Manuel Gabriel" or if the case have many petitioners and respondents, the you can
shortcut it into (for my example) "Trinidad v. Gabriel" Last name of the petitioner and
last name of respondent.
(based on an actual case. Note: I removed the name of petitioner and respondent)
Then after the case title, under that, you put the G.R Number of the case and the date of
the decision of the case beside it.
(based on an actual case. Note: I removed the name of petitioner and respondent)
After writing those two, you write the surname of the Justice who penned the decision.
(based on an actual case. Note: I removed the name of petitioner and respondent)
Your Case Caption should look like this (based on my example earlier):
TRINIDAD v. GABRIEL
G.R. No. XXXXXXX, August 30, 1950
DE GUZMAN, J.:
Facts are the brief story of the case. You should write what happened in the case, who are
the petitioner and the respondents, what is the decision of the Court of Appeals and
Lower Courts. Facts should be brief as possible. A digest is a summary of the full text and
not another copy of the full text.
Issue for me, always starts with WHETHER OR NOT followed by the issue that is
related to your topic. For example, the topic is warrant of arrest and the issue in the case
is the validity of the warrant, then your issue should be, WHETHER OR NOT the
warrant is valid.
You can use Ruling or Held, whatever is comfortable for you. The point is, you or other
people should see the decision of the court whether it is granted or dismissed and the
rationale for such decision. Decision should answer the issue as i said earlier, if you put
a decision that does not answer your issue then you have a problem discussing the case.
TRINIDAD v. GABRIEL
G.R. No. XXXXXXX, August 30, 1950
DE GUZMAN, J.:
FACTS:
ISSUE:
RULING:
FACT:
E.O No. 1 establishing the Philippine Truth Commission (PTC) of 2010 was signed by
President Aquino. The said PTC is a mere branch formed under the Office of the President
tasked to investigate reports of graft and corruption committed by third-level public
officers and employees, their co-principals, accomplices and accessories during the
previous administration and submit their findings and recommendations to
the President, Congress and the Ombudsman. However, PTC is not a quasi-judicial body,
it cannot adjudicate, arbitrate, resolve, settle or render awards in disputes between
parties. Its job is to investigate, collect and asses evidences gathered and
make recommendations. It has subpoena powers but it has no power to cite people in
contempt or even arrest. It cannot determine for such facts if probable cause exist as to
warrant the filing of an information in our courts of law.
ISSUE:
WHETHER OR NOT the said E.O is unconstitutional.
RULING:
Yes, E.O No. 1 should be struck down as it is violative of the equal protection clause. The
Chief Executive’s power to create the Ad hoc Investigating Committee cannot be
doubted. Having been constitutionally granted full control of the Executive Department,
to which respondents belong, the President has the obligation to ensure that all executive
officials and employees faithfully comply with the law. With AO 298 as mandate, the
legality of the investigation is sustained. Such validity is not affected by the fact that the
investigating team and the PCAGC had the same composition, or that the former used
the offices and facilities of the latter in conducting the inquiry.
4. CONCLUSION
So That's all that you need to know with regards to digesting cases. I hope these helps
and please let me know what you think about digesting cases. We're also open for
other suggestions just leave it on the comments section.
5. REFERENCE