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How To Answer Bar Exam Essay Questions Impressively
How To Answer Bar Exam Essay Questions Impressively
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
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas, Jr. Page 1
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.
By far the most important tool that the bar candidate could equip
himself with which to tackle the examination that is inherently personal to
him is command of written English.The examinee who has a fairly good
command of English, assuming that he is prepared in all other matters,
stands definitely with a much better chance of passing.
Not all the BAR tips I will be presenting here are mine. I believe they
are the collective ideas of past bar examinees, bar topnotchers, bar lecturers
and law professors who want to share their experiences and have the desire
and concern to help future bar takers. I will try though to present these in a
more comprehensible and effective way.
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas, Jr. Page 2
A bar examinees answer should be a total package. Meaning, it
contains all the necessary ingredients. This is when the 4Ls come in: law,
language, logic, and layout. His answer should be legible and neat without
the irritating erasures observing the proper margin and space between
paragraphs with correct composition, grammar and spelling coupled of
course of the knowledge of the law principles and its application to the
given set of facts responsive to the issue or question at hand.
The examiner will be looking and expecting for the following from your
answer:
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas, Jr. Page 3
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.
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.
ARTICULATION
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas, Jr. Page 4
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
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.
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas, Jr. Page 5
3rd Paragraph - Correlation of the Law/Jurisprudence with the Facts of the Case
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?
The following Useful Introductory Lines are mostly taken from the
article of Atty. Rey C. Tatad, Jr. with the same title.
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas, Jr. Page 6
ANSWERING IN THE NEGATIVE
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas, Jr. Page 7
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.
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas, Jr. Page 8
14. The law prescribes certain rules on
15. By legislative fiat
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
ornot
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 ofthe land, where the Supreme Court held that
22. There is likewise an array of cases in this jurisdiction where the Supreme
Courthas 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
.
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas, Jr. Page 9
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
bedeprived 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
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas, Jr. Page 10
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
andtaken together, leads to no other conclusion except that (i.e. conspiracy
among them existed)
28. Inescapably, therefore,
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas, Jr. Page 11
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,
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
ENUMERATION
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas, Jr. Page 12
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.
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
forby/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 beattendant/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 persons 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 differentiateand contrast, so similarities are not
included.The number of distinctionsyou will give must also be proportionate
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas, Jr. Page 13
on the points allotted for such. If it is only worthtwo 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 nottoo 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
sufficientthat there be
.
3. In the former,
while in the latter
4. The former requires
while the latter
5.
on the other hand ______________ is
DEFINITION
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1. Finishing is the key. Many fail the Bar exam because they dont finish
the exam. They spend so much time on an early question that they
cant 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.
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.
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
arent 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 wont 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.
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas, Jr. Page 15
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 eyesof 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 thepurpose any law seeks to
achieve.
9. Number your answer accordingly. Dont make the Examiner search for
your answers. Make your answer look professional. Don t 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.
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.
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas, Jr. Page 16
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.
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.
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