8/11/2019 226013310 Bar Techniques

1/10

TECHNIQUES IN ANSWERING BAR QUESTIONS BYATTY. REY TATAD JR.

REASON/S BEHIND THE LAW

1. The purpose of the law is2. The law is designed to3. It is intended to shield 4. It is primarily aimed at protecting ____________ from unwarranted __________5. The rationale behind the law is. The spirit of the law is to the e!ect that

DEFINITION / EXPLANATION

1. ________________ is a comprehensi"e term used to describe _________.2. _________________# in its generally accepted sense# refers to .

3. It is a safeguard and guarantee pro"ided by the 1$%& 'onstitution..4. It is a (ind of relief granted to a ______________ by the 5. ________________ is a branch of public law )or pri"ate law* which deals with... It pertains to&. It connotes a .%. is a doctrine in )i.e. 'i"il +aw* which refers to$. is a principle in )i.e. 'riminal +aw* which states that1,. It presupposes11. Its principal identifying feature is..12. It is a(in to13. The function of which is to

14. The o-ce of which is to

ENUMERATION

1. In capsule form# the following are the elements of the crime of2. In a nutshell# the following are the elements of the crime of3. The following elements are generally considered in the determination ofthepresence of )i.e. employeremployee relationship*4. /mong the )i.e. defenses0remedies* a"ailable to )i.e. r. * as pro"ided for by0inthe )i.e. 'i"il 'ode* are)1*

)2*5. The following are the reuisites for. In order that a case for )i.e. .6. 22* to prosper# the following elements must beattendant0present&. To constitute )i.e. homicide*# the following reuisites must concur%. )i.e. +egal compensation* reuires the concurrence of the following conditions$. To establish a person7s culpability under )i.e. estafa*# it is indispensable that

8 Tips on answers that reuire enumerating something. )i.e. elements*. If you canenumerate all# write it in bulleted or numbered form to highlight the fact that you(now all of them and for more con"enientreading purposes. If you cannot

enumerate all# write it in paragraph form so that it would not easily be noticeablethat you missed something. )I got the abo"e tip from our mentor /tty. 9afar+utian*

DISTINCTION

:hen being as(ed to distinguish# do not state its de;nition. If you gi"e itsde;nition# you are in e!ect as(ing the e

8/11/2019 226013310 Bar Techniques

2/10

the two =or more> from your de;nition. ?o not also gi"e their similarities. @ou areas(ed to di!erentiate and contrast# so similarities are not included )That was a tipI learned from my professor in 'i"il +aw Ae"iew I# /tty. Birgilio 9esmundo*.Thenumber of distinctions you will gi"e must also be proportionate on the pointsallotted for such. If it is only worth two points# do not gi"e % distinctions. Thee

8/11/2019 226013310 Bar Techniques

3/10

. ore importantly# .&. Figni;cantly#%. 'orollarily#$. Curthermore#1,. oreo"er#11. Fimilarly#

12. 6arenthetically#13. In other words#14. Dtherwise stated#15. Fimply put#1. Fimply stated#1&. Ftated more concretely1%. The reasons are ob"ious. )e

8/11/2019 226013310 Bar Techniques

4/10

55. The gra"amen of the )i.e. the crime of rebellion is an armed public uprisingagainst the go"ernment*5. It cannot be denied that )i.e. the petitioner is also guilty of negligence*5&. /ttention must be drawn to the fact that5%. ___________ and ____________ are two mutually e

8/11/2019 226013310 Bar Techniques

5/10

21. / case in point is a case already decided by no other than the highest court ofthe land# where the Fupreme 'ourt held that22. There is li(ewise an array of cases in this Eurisdiction where the Fupreme 'ourthas consistently declared that23. ?eeply rooted is the Eurisprudence which pro"ides that24. In one case# the Fupreme 'ourt was emphatic when it ruled that.

EMPHASIING CASE DOCTRINES / JURISPRUDENCE

1. It is hornboo( doctrine in )i.e. 'i"il +aw* that2. Immortal is the rule that3. :ell settled is the rule4. :ell entrenched is the principle that..5. lementary is the rule that... The cardinal rule in )i.e. labor law* is that&. It is a familiar canon in )i.e. political law* that%. y well settled public law

$. asic is the rule in )i.e. 'riminal +aw*1,. It is an elementary principle in11. It is a fundamental doctrine in12. :ell accepted is the rule that13. It is a

8/11/2019 226013310 Bar Techniques

6/10

. In the present case# it is immediately noticeable that the element of __________is wanting )or lac(ing*.&. Knder the circumstances# the proper remedy would be%. The case obtaining indicates a case of )i.e. .6. 22*$. It logically follows1,. It goes without saying

11. "en assuming arguendo# for the sa(e of argument that12. The situation in the case at hand13. The situation presented e"inces a case of...14. The facts su-ciently indicated 15. In the gi"en facts# it is immediately apparent that1. It is e"ident that1&. In the same to(en1%. Knder the facts stated in the problem#1$. In the case under consideration#2,. :orth stressing is the fact that21. :orth emphasiGing is the fact that

22. The facts would re"eal that23. / careful perusal of the facts of the case would re"eal that24. / careful scrutiny of the actuations of the accused would re"eal that25. / careful reading of the )i.e. ?eed of /bsolute Fale* would re"eal that2. / cursory e

8/11/2019 226013310 Bar Techniques

7/10

1&. The act of the accused in is of no moment.1%. The assertion lac(s substance.1$. The decision is erroneous.2,. The court cannot countenance the )i.e. inconsistent postures of thepetitioner*21. The testimony that# cannot be gi"en credence.

22. The e"idence presented has no probati"e "alue.23. The allegation is belied by the fact that24. To put it otherwise would be to render the law on _____________ useless0futile.25. The actuations of the accused in )i.e. Reeing and hiding* negates )i.e.innocence*2. :hile it is true that _______________ is a )i.e. constitutional guaranteed right ofa person*# it doesnot# howe"er mean2&. It is not correct to say that2%. It is not proper to state that2$. It is not accurate to conclude outright that

3,. / contrary conclusion would erode the rule that pro"ides in part that31. To sustain the contention would be to render the law on ____________ nugatory.32. It would be absurd and incongruous to sustain the argument that33. It is not enough that34. The fact that is immaterial since35. The fact that is irrele"ant since3. In itself# mere is not su-cient )i.e. to warrant con"iction*.3&. The petitioner cannot gi"e any additional meaning to the clear and plainlanguage of the law.3%. The Fupreme 'ourt# in se"eral cases# has struc( down the )i.e. defense ofalibi*

3$. The attendant circumstances of the case are contrary to the petitioner7sassertion.4,. The e"idence does not support the theory of the petitioners.41. There is no cogent reason to disturb the ruling of the )i.e. 'ourt of /ppeals*42. The claim for )i.e. moral damages* must necessarily fail.43. The )i.e. respondent* cannot rely on )i.e. mere alibis* to aid his cause.

CONCLUDING WORDS

1. Crom the gamut of e"idence on hand# it can be gathered0deduced that#2. Ta(en all together#

3. Cinally# 4. Lence# 5. Therefore# . Crom the foregoing# it can be deduced that there is really )i.e. a "iolation of*&. Crom the foregoing# it is now safe to conclude that.%. +astly# $. 'onseuently#1,. /s a necessary conseuence11. The logical implication is that12. /t any rate#13. In "iew of the foregoing#

14. /s an ine"itable conclusion#15. In the light of the circumstances#1. Kndoubtedly#1&. Indubitably#1%. 'learly# the case at hand falls suarely within the pur"iew of1$. Berily# he0she has committed2,. Cor this0these reason0s# it is una"oidable to conclude that21. ased on the facts obtaining#

8/11/2019 226013310 Bar Techniques

8/10

22. In this light#23. This being the case24. 'learly therefore# applying the aforecited ruling in the case at hand#25. In light of the foregoing# it is beyond ca"il )doubt* that#2. There is no doubt that2&. To the unpreEudiced mind# the actuations of the three# when analyGed and

ta(en together# leads to no other conclusion e

8/11/2019 226013310 Bar Techniques

9/10

S /ttend to the needs of your entire being. 6hysically# mentally# emotionally andspiritually. This will also help you a"oid being e

8/11/2019 226013310 Bar Techniques

10/10

suggest that you wait until the e