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WHEN ASKED TO DISTINGUISH

CONCEPTS

PATTERNS TO USE WHEN DISTINGUISHING CONCEPTS

[1] The (i.e. two) may be distinguished from each other in the followings
ways: XXX, YYY and ZZZ.
[2] In the first, it is necessary that there be XXX, whereas in the second it
is sufficient that there be YYY.
[3] In the former, XXX while in the latter YYY.
[4] The former requires XXX while the latter YYY.
[5] XXX applies to YYY. On the other hand, ZZZ applies to AAA.

TIPS:
1. do not state the definition of the concepts. If you give their
definition, you are in effect asking the examiner to extract out the
differences of the two [or more] from your definition.
2. Also, do not give their similarities. You are asked to differentiate
and contrast, so similarities are not included (a tip learned by Atty.
Tatad, Jr. from his professor in Civil Law Review I, Atty. Virgilio
Gesmundo).
3. The number of distinctions (or aspects of difference you should
give) must be proportional to the points allotted for such. If the
question is only worth two points, there is no need to give eight
distinctions. The examiner cannot give you eight points for that.

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