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How To Answer Bar Exam Essay Questions Impressively
How To Answer Bar Exam Essay Questions Impressively
How To Answer Bar Exam Essay Questions Impressively
ESSAY QUESTIONS
IMPRESSIVELY
BATAS.ORG·MONDAY, AUGUST 6, 2018
4. your conclusion.
2. Distinction;
3. Definition;
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 – 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.
ANSWERING IN THE POSITIVE
1. The petition is meritorious.
10.Petitioner’s/Respondent’s/Complainant’s/Plaintiff’s/Defendant’s/Accused
reliance on the (i.e. doctrine of…) is inappropriate.
1. It is a futile gesture on the part of the respondent to invoke the rule on…
4. The position of the petitioner runs counter with the doctrine of…
9. The (i.e. respondent) cannot rely on (i.e. mere alibis) to aid his cause.
10. The court cannot countenance the (i.e. inconsistent postures of the
petitioner)
useless/futile.
1. The actuations of the accused in (i.e. fleeing and hiding) negates (i.e.
innocence)
1. While it is true that _______________ is a (i.e. constitutional
guaranteed right
4. A contrary conclusion would erode the rule that provides in part that…
nugatory.
1. It would be absurd and incongruous to sustain the argument that…
6. The petitioner cannot give any additional meaning to the clear and plain
assertion.
1. The evidence does not support the theory of the petitioners.
2. There is no cogent reason to disturb the ruling of the (i.e. Court of Appeals)
Property)
1. The law prescribes certain rules on…
2. By legislative fiat…
* Do not use the words series, litany or long-line if there is only one
decision/jurisprudence for that topic.
1. In one case decided by the highest court of the land, it was held that
4. In a recent case, the Supreme Court has laid to rest the issue of whether or
not…
7. The Supreme Court has steadfastly adhered to the doctrine which states
that
1. In a case with similar facts, the Supreme Court ruled that…
2. In several notable Supreme Court decisions, the highest court declared
that…
Supreme Court laid down the doctrine which substantially provides that…
1. In the leading case of …
4. 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…
7. In one case, the Supreme Court was emphatic when it ruled that….
14. Enshrined in the 1987 Constitution is the rule that (i.e. no person shall be
deprived of life, liberty or property without due process of law)
5. It is crystal clear from the facts presented that (i.e. the crime of treason) is
present (or was committed).
3. It logically follows…
17. A careful perusal of the facts of the case would reveal that…
18. A careful scrutiny of the actuations of the accused would reveal that…
19. A careful reading of the (i.e. Deed of Absolute Sale) would reveal that…
CONCLUDING WORDS
1. From the gamut of evidence on hand, it can be gathered/deduced that,…
3. Finally, …
4. Hence, …
5. Therefore, …
6. From the foregoing, it can be deduced that there is really (i.e. a violation
of…)
8. Lastly, …
9. Consequently,…
16. Undoubtedly,…
17. Indubitably,…
18. Clearly, the case at hand falls squarely within the purview of…
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
4. As a logical result…
5. In sum,..
7. All told,…
11. 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
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.
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 _______
(1)…
(2)…
1. The following are the requisites for…
2. In order that a case for (i.e. B.P. 22) to prosper, the following elements
must be attendant/present:
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 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.
1. In the first, it is necessary that there be….., whereas in the second it is
sufficient that there be ….
DEFINITION
1. ________________ is a comprehensive term used to describe
_______.
6. It pertains to…
7. It connotes a ….
10. It presupposes…
3. It is intended to shield …
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.
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.
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.
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.