Answering Your Law School Exams

Answering your Law School
Exam
UNDERSTAND THE
QUESTION/DIRECTIVES
"Directives" ask you to answer, or present
information, in a particular way.
Examples of “Directives”: Compare, Contrast,

Define, Describe, Discuss, Enumerate, Explain,
List, State
UNDERSTAND THE
QUESTION/DIRECTIVES
Compare:
Examine qualities, or characteristics, to discover
resemblances. "Compare" is usually stated as
"compare with": you are to emphasize similarities,
although differences may be mentioned.
Contrast:
Stress dissimilarities, differences, or unlikeness of
things, qualities, events, or problems.
UNDERSTAND THE
QUESTION/DIRECTIVES
Define:
Definitions call for concise, clear, authoritative
meanings. Details are not required but
limitations of the definition should be briefly
cited. You must keep in mind the class to which
a thing belongs and whatever differentiates the
particular object from all others in the class.
UNDERSTAND THE
QUESTION/DIRECTIVES
Describe:
In a descriptive answer you should recount,
characterize, sketch or relate in narrative form.
UNDERSTAND THE
QUESTION/DIRECTIVES
Discuss:
The term discuss, which appears often in essay
questions, directs you to examine, analyze
carefully, and present considerations pro and
con regarding the problems or items involved.
This type of question calls for a complete and
entailed answer.
UNDERSTAND THE
QUESTION/DIRECTIVES
Enumerate:
The word enumerate specifies a list or outline
form of reply. In such questions you should
recount, one by one, in concise form, the points
required.
UNDERSTAND THE
QUESTION/DIRECTIVES
List:
Listing is similar to enumeration. You are
expected in such questions to present an
itemized series or tabulation. Such answers
should always be given in concise form.
UNDERSTAND THE
QUESTION/DIRECTIVES
State:
In questions which direct you to specify, give,
state, or present, you are called upon to express
the high points in brief, clear narrative form.
Details, and usually illustrations or examples,
may be omitted.
PREPARE YOUR ANSWER
Answering questions in the Examination involves
two (2) aspects:
(1) form; and
(2) substance.
A examinee’s answer should be a total “package”.

Meaning, it contains all the necessary ingredients.
4Ls: 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.
FORM
Forms refer to the physical presentation of the
answer to appeal aesthetically to the examiner.
These include but are not limited to guidelines
for (1) margin, indentation and proper
punctuation,
(2) erasures, and
(3) spacing.
1. MARGINS, INDENTS, PUNCTUATION
Proper margin should be observed in
answering question at the exam.
Equal width should be used at both sides. For
example, if on the right side, a margin of one
(1) inch is used, the width of the margin on
the left side should also be one (1) inch.
1. MARGINS, INDENTS, PUNCTUATION
Correct punctuation must be observed in
sentences.
The first sentence in a paragraph must always
be indented.
2. ERASURES
Erasures must be done by striking through the
answer intended to be erased. Do not cross
out your erasures. This will be considered as
marking your examination booklet.
3. SPACING
Leave one space in between paragraph.
An examinee must always write concisely and
clearly. Sentences should contain only about
20-25 words, while a paragraph should
contain only about 7-10 lines.
If longer sentences are needed, an examinee
can use punctuations such as comma and
colon to express break in continuity of
thought.
HANDWRITING
 Handwriting is also considered in so far that it
must be legible, and does not require
unnecessary effort from the examiner to
comprehend.
 For consistency, an examinee must answer only in
one style, either in cursive or in print.
 Your handwriting must be more rounded to suit
the spacing of the booklet.
 Use one color of ink throughout the examination.
ACRONYM
Acronyms can be used if they are acceptable.
For example, "UN" is generally understood
to refer to the "United Nations."
Otherwise, full meaning of acronyms must
be presented first. For example, use first "The
Pontifical University of Sto. Tomas (UST)" after
which you may proceed to use "UST" as its
acronym.
IMPORTANCE OF FORM
Aside from possible technicalities, the goal of
form is to make your answers as aesthetically
pleasing as possible. It aims to eliminate
distraction from the substance of your answer.
SUBSTANCE
refers to the (1) responsive answer, (2) legal
basis, (3) logic and, (4) grammar.
Your answer must be responsive to the question.
It must provide the information asked in the
question. If the question is answerable by "yes"
or "no" answer it with either a "yes" or a "no."
SUBSTANCE
There are two ways of answering in the exams: (1) Direct
attack; and, (2) four paragraph form. The first is less time
extensive. However, the second one is commonly used by
bar topnotchers even though time-extensive. Answers are
recommended to be presented in four paragraph form:
1. ANSWER. Responsive answer
2. LEGAL BASIS. Identify the relevant legal basis
3. APPLICATION. Apply the legal basis to the question at
hand
4. CONCLUSION. Restatement of the responsive answer.
SUBSTANCE
IDENTIFICATION OF THE PROBLEM
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.
SUBSTANCE
KNOWLEDGE OF THE LAW
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.
SUBSTANCE
APPLICATION AND ANALYSIS
 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.
SUBSTANCE
CONCLUSION
 You should address yourself to the task that the
question asks you to perform. 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.
SUBSTANCE
ARTICULATION
Articulation is expressive of the following basic
fundamentals: good language, impressive presentation,
logical reasoning and substantial background knowledge of
law and procedure.
 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.
SUBSTANCE
ARTICULATION
Cont’d
 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.
SUBSTANCE
• There are other types of 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 essay questions are
enumerated below:
• 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.
 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.
CASE PROBLEM
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)
CASE PROBLEM
• 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.
Introductory words – 1st paragraph
ANSWERING IN THE POSITIVE
• The petition is meritorious.
• The contention has legal basis.
• The case will prosper.
• The argument is proper.
• The provision is perfectly applicable.
• The action is tenable.
• The motion should be granted.
• The Judge is correct.
• The petition is impressed with merit.
• Yes. It is a (i.e. patent violation) of the
• There is merit in the petition.
• The petitioner’s contention is sustainable.
ANSWERING IN THE NEGATIVE
• The decision is erroneous.
• The contention is totally misplaced.
• The doctrine of….. does not apply in this case.
• The petition is not meritorious.
• The evidence presented deserves scant consideration.
• The contention has no legal basis.
• The argument is bereft of merit.
• The petition is devoid of merit.
• Petitioner’s/Respondent’s/Plaintiff’s/Defendant’s/Accu
sed reliance on the (i.e. doctrine of…) is inappropriate.
• The theory/argument has no ground to stand upon.
• The contention has no leg with which to stand on.
• The position of the petitioner runs counter with the doctrine
of…
• The case will not prosper.
• The case is not tenable.
• The act of the accused in… is of no moment.
• The assertion lacks substance.
• The testimony that…, cannot be given credence.
• The evidence presented has no probative value.
• The allegation is belied by the fact that…
• While it is true that _______________ is a (i.e.
constitutional guaranteed right
• of a person), it does not, however mean…
• It is not correct to say that…
• It is not proper to state that…
• It is not accurate to conclude outright that…
• The fact that … is immaterial since…
• The fact that … is irrelevant since…
• In itself, mere …… is not sufficient (i.e. to warrant
conviction)….
• The attendant circumstances of the case are contrary to the
petitioner’s assertion.
• The evidence does not support the theory of the
petitioners.
• There is no cogent reason to disturb the ruling of the (i.e.
Court of Appeals)
• The claim for (i.e. moral damages) must necessarily fail.
ANSWER THAT REQUIRES QUALIFICATION
• (But if the facts are complete in itself, do not attempt
to add facts or assume anything.)
• We must distinguish. If… (or As far as the __________
is concerned)
• It depends. If…(or As far as the __________ is
concerned)
• The question requires a qualified answer. If…
• I will qualify. If…
• On the assumption that…
• My answer must be qualified.
Introductory words – 2nd paragraph
CITING LAW PROVISIONS
• No less than the (i.e. 1987 Constitution) provides for the…
• The (i.e. Rules of Court) substantially provides in part that…
• Under the law…
• According to the (i.e. Family Code)…
• The law is explicit on the matter.
• The law explicitly expresses in part that…
• By express provision of law,…
• As a matter of law…
• Decisive on the matter is the pertinent provision of the (i.e. Law on
Property)
• The law prescribes certain rules on…
QUOTING SUPREME COURT DECISIONS
• The Supreme Court in one case, had the occasion to rule that…
• In a long-line/litany/long-string of cases decided by the Supreme
Court,
• According to several cases decided by the Supreme Court,…
• In a series of cases decided by the Supreme Court,
NOTE: Do not use the words series, litany or long-line if there is only one
(1) decision/jurisprudence for that topic.
• In one case, the Supreme Court ruled that
• It has been said that…
• In a recent case, the Supreme Court has laid to rest the issue of
whether or not…
• It is well settled in this jurisdiction…
QUOTING SUPREME COURT DECISIONS
• In a case with similar facts, the Supreme Court ruled that…
• In several notable Supreme Court decisions, the highest court declared
that…
• The Supreme Court has often stressed that…
• In the landmark case of _____________, (if the case is so famous) the
Supreme Court laid down the doctrine which substantially provides
that…
• In the leading case of …
• As enunciated by the Supreme Court in one case,…
• The court has repeatedly ruled…
• Deeply rooted is the jurisprudence which provides that…
• In one case, the Supreme Court was emphatic when it ruled that….
EMPHASIZING CASE DOCTRINES / JURISPRUDENCE
• Well settled is the rule…
• Well entrenched is the principle that..
• Elementary is the rule that..
• The cardinal rule in (i.e. labor law) is that
• By well settled public law…
• It is a fundamental doctrine in…
• Well accepted is the rule that…
• It is axiomatic in (i.e. Civil Law) that
EMPHASIZING CASE DOCTRINES / JURISPRUDENCE
• 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)
• Consonant with the rule on…
• It is a recognized doctrine in (i.e. Civil law) that…
• Consistent with current jurisprudence
• It is a legal presumption, born of wisdom and experience, that
• It is an oft-repeated rule that…
• The Philippines adhere to the principle of…
Introductory words – 3rd paragraph
REFERRING BACK TO THE CASE (correlating the facts with
the law/jurisprudence)
• Applying the said law/doctrine in the instant case,
• From the facts given, noteworthy is the …
• From the facts of the case, it is readily observable that…
• In the instant case, it may be observed that…
• It is clear from the facts presented that (i.e. the crime of
treason) is present (or was committed).
• In the present case, it is immediately noticeable that the
element of __________ is wanting (or lacking).
• Under the circumstances, the proper remedy would be…
• It logically follows…
REFERRING BACK TO THE CASE
• It goes without saying…
• Even assuming arguendo, for the sake of argument
that…
• The situation in the case at hand…
• The situation presented evinces a case of…
• The facts sufficiently indicated …
• In the given facts, it is immediately apparent that…
• It is evident that…
• In the same token…
REFERRING BACK TO THE CASE
• The facts would reveal that…
• A careful perusal of the facts of the case would
reveal that…
• A careful scrutiny of the actuations of the accused
would reveal that…
• A cursory examination of the…
• Under the facts stated in the problem,…
• In the case under consideration,…
Introductory words – 4th paragraph
CONCLUDING WORDS
• From the gamut of evidence on hand, it can be
gathered/deduced that,…
• Taken all together,…
• Finally, …
• Hence, …
• Therefore, …
• From the foregoing, it can be deduced that there is really (i.e.
a violation of…)
• From the foregoing, it is now safe to conclude that….
• Lastly, …
CONCLUDING WORDS
• Consequently,…
• As a necessary consequence…
• The logical implication is that…
• At any rate,…
• In view of the foregoing,…
• As an inevitable conclusion,…
• In the light of the circumstances,…
• Undoubtedly,…
• Indubitably,…
CONCLUDING WORDS
• Clearly, the case at hand falls squarely within the purview of…
• Verily, he/she has committed…
• For this/these reason/s, it is unavoidable to conclude that…
• Based on the facts obtaining,…
• In this light,…
• This being the case…
• Clearly therefore, applying the aforecited ruling in the case at
hand,…
• In light of the foregoing, it is beyond cavil (doubt) that,…
CONCLUDING WORDS
• Inescapably, therefore,…
• All things considered,…
• It follows therefore that…
• As a logical result…
• In sum,..
• In view of the fact that…,
• All told,…
• Given the prevailing facts…
• Having stated the foregoing premises,…
• One final point,…
• Accordingly,…
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.
 If you cannot enumerate all, write it in paragraph
form so that it would not easily be noticeable
that you missed something.
ENUMERATION
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.
ENUMERATION
• In capsule form, the following are the elements of the crime of
_______
• In a nutshell, the following are the elements of the crime of
_________
• Among the (i.e. defenses/remedies) available to (i.e. Mr. X) as
provided for by/in the (i.e. Civil Code) are:
• The following are the requisites for…
• In order that a case for (i.e. B.P. 22) to prosper, the following
elements must be attendant/present:
• To constitute (i.e. homicide), the following requisites must concur:
• (i.e. Legal compensation) requires the concurrence of the following
conditions:
• To establish a person’s 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
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.
DISTINCTION
• The (i.e. two) may be distinguished from each
other in the following ways:
a.
b.
• In the first, it is necessary that there be…..,
whereas in the second it is sufficient that there
be ….
• In the former, … while in the latter…
• The former requires … while the latter…
• … on the other hand ______________ is…
DEFINITION
• ________________ is a comprehensive term used to describe
_______.
• _________________, in its generally accepted sense, refers to ….
• … It is a safeguard and guarantee provided by the 1987
Constitution..
• … It is a kind of relief granted to a ______________ by the …
• ________________ is a branch of public law (or private law) which
deals with..
• It pertains to…
• It connotes a ….
• … is a doctrine in (i.e. Civil Law) which refers to…
• … is a principle in (i.e. Criminal Law) which states that…
• It presupposes…
REASON BEHIND THE
LAW/CONCEPT/PRINCIPLE
• The purpose of the law is…
• The law is designed to…
• It is intended to shield …
• It is primarily aimed at protecting
____________ from unwarranted ____
• The rationale behind the law is…
• The spirit of the law is to the effect that…
Transitional Words & Phrases
 helps papers read more smoothly, and at the
same time allows the reader to flow more
smoothly from one point to the next.
 Transitions enhance logical organization and
understandability and improve the connections
between thoughts. They indicate relations,
whether within a sentence, paragraph, or paper.
 This list illustrates categories of "relationships"
between ideas, followed by words and phrases
that can make the connections:
Addition:
also, again, as well as, besides, furthermore, in
addition, likewise, moreover, similarly
Concession:
at any rate, at least, still, even though, granted
that, while it may be true, in spite of, even
assuming
Consequence:
accordingly, as a result, consequently, for this
reason, for this purpose, hence, otherwise, so
then, subsequently, therefore, thus,
thereupon, wherefore
 Contrast and Comparison:
comparison
by the same token, likewise, similarly, by
extension, in the same way,
contrast:
conversely, instead, on one hand, on the other
hand, on the contrary, rather, yet, but, however,
still, nevertheless, in contrast, in spite of, be that as
it may, although, despite, otherwise, nevertheless,
nonetheless, regardless, notwithstanding, whereas,
unlike, vis a vis, diametrically opposed
Emphasis
above all, chiefly, with attention to, especially,
particularly, singularly, in effect, simply put
Exception:
aside from, barring, beside, except, excepting,
excluding, exclusive of, other than, outside of,
save
Exemplifying:
chiefly, especially, for instance, in particular,
markedly, namely, particularly, including,
specifically, such as
Generalizing:
as a rule, as usual, for the most part, generally,
generally speaking, ordinarily, usually
Illustration:
for example, for instance, for one thing, as an
illustration, illustrated with, as an example, in
this case, in particular
Similarity:
comparatively, coupled with, correspondingly,
identically, likewise, similar, moreover,
together with
Referencing
with this in mind, as for, on the subject of,
considering, concerning, regarding
Restatement:
in essence, in other words, namely, that is,
that is to say, in short, in brief, to put it
differently, simply put
Sequence:
at first, first of all, to begin with, in the first
place, at the same time, for now, for the time
being, the next step, in time, in turn, later on,
meanwhile, next, then, soon, the meantime,
later, while, earlier, simultaneously, afterward,
in conclusion, with this in mind,
Summarizing:
after all, all in all, all things considered, briefly,
by and large, in any case, in any event,
in brief, in conclusion, on the whole, in short,
in summary, in the final analysis,
in the long run, to sum up, to summarize,
finally, ultimately, in a nutshell
Additional Tips
1. 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.
Additional Tips
2. 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.
Additional Tips
3. 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.
Additional Tips
4. 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.
Additional Tips
5. Budget and utilize all the time allocated for
you to: (a) compose good answers; (b) review
your answers; and (c) write legibly.
REFERENCES:
• HOW TO ANSWER BAR EXAM ESSAY
QUESTIONS IMPRESSIVELY By Atty. Ruben C.
Talampas, Jr.
• USEFUL INTRODUCTORY LINES by Atty. Rey C.
Tatad, Jr.

Answering Your Law School Exams

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Examples of “Directives”: Compare, Contrast,

A examinee’s answer should be a total “package”.

 Your answer should demonstrate your ability to analyze

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