Summary of Changes in the BarExam

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    Summary of Changes in the BAR Examination

    FIRST APPROVED CHANGE: The coverage shall drawn up bytopics and subtopics rather than just stating the covered law.

    The current practice is to just name the laws included in theexamination. Example for CIVIL Law, it would just state :civil code,family code, decisions on them, etc.

    But the description of the coverage by just naming the laws are justtoo general.This leads to sometimes absurd and weird weird questions. (E.g. nameof the president of icj, number of justices, nationality, the speech ofJustice Panganiban in the commercial law exam etc)

    The REDEFINED COVERAGE WOULD LOOK LIKE

    E.G. POLITICAL LAW:

    In lieu of saying the 1987 Constitution, it would contain topicsand subtopics.

    Bill of RightsEqual Protection

    Meaning

    Valid ClassificationSubstantial DistinctionRelevanceDurationalApplicability

    Double JeopardyValid ComplaintValid PleaCompetent CourtTermination

    Prosecutions AppealSameness of offense

    Supervening eventInseparable offense

    The topics should be short of discussing content. It should belike a checklist so that nothing outside it will be included.

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    Multiple Choice Questions (MCQ) will be mixed with Essay. It will beeasier to check and the grading will be objective. It can even bechecked using a PCOS Machine and the results can be known in 2 days.

    Care will be given on MCQ construction so the plan is to quarantine20 newlawyers and give them 300 questions to answer. If all can answer, itmay be taken out as it is too easy, and if none can answer, it will betaken out as too difficult.

    2nd APPROVED CHANGE: The adoption of the MCQ question

    Self explanatory.

    What makes a good MCQ exam? Able to measure level of

    preparedness for work of a lawyer. It should be objectively oriented.

    PARTS:a. Examinees knowledge of law and basic principles and

    ability to recall them (KNOW and RECALL) 20%b. Ability to understand the meaning and significance of

    the law and its basic principles (UNDERSTANDING)40%

    c. Ability of the examinee to analyze legal problems andprovide solutions to them (ANALYSIS and SOLUTION)40%

    Knowledge and Recall 20%The majority age begins at___. ( the answers must be plausible! )

    1. 21 distractor as old one majority age.2. 16 marrying age before3. 184. 12 statutory rape Cant be 19 no law provides for it!!

    Understanding (40%)

    A warrantless search is valid when the search is made by:ii. Customs officers at the home of a knownsmuggler

    iii. Anti-drug enforcers who frisk passerby at randomiv. Policemen at comelec checkpoint (CORRECT)

    This test what is a warrantless search is. A great more difficult toprepare than just knowledge and recall.

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    ANALYSIS and SOLUTION 60%Example: Sonny, a Filipino citizen, obtained a divorce in Canada fromhis wife Lulu, also a Filipino. Is the divorce valid and binding?

    A) No, Philippine law binds abroad.B) Yes, as no operate in Canada.C) No, Philppine law is recognized in canadaD) Yes since international law mandates local

    recognition of

    NOTES:a) It would have only 4 choices.b) No none of the above OR all of the above or modified true

    or false questions.c) No unnecessary facts which only serve to confuse.d) No double negativese) Only answers that experts generally agree (SETTLED)f) No unintentional cluesg) Avoid grammatical inconsistencies which highlight answerh) Avoid length clues (A correct answer which is longer than the

    other answers)i) Keep to one topic only in the questions.j) For classroom suggest 40-50 MCQ, eventuallyto grow to 70-80

    and 1 or 2 essay type problem.k) Also, suggested to teachers that NO COPY of the EXAMS be left

    to the students after the exam (i.e. return after each exam).

    3rd APPROVED CHANGE: Dedication of essay type questions todetermine communication or lawyering skills.

    Ratio: this is necessary because in old essay questions there was noway to know which part of GRADE is for the correct answer and whichis for proper communication.

    Here he will prepare a memorandum, decision, or paper regarding itfor the side he chooses to uphold and defend.

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    It is a test in writing in English, sorting out relevant facts, as it will haveinvolve affidavits with facts, sorting out the relevant issues, organizingones thoughts and persuading the examiner.

    It is not be graded for technically correct/incorrect but solely corrected

    for skills of the examinee. The BASIS: standard of a beginningpractitioner.

    It will cover 1 or 2 legal dispute situations for which the examinee willbe required to write a paper.

    E.g. below is a hypothetical legal disputea) choose the sideb) prepare a trial memorandum in support of positionc) write no more than 4 issuesd) write prayer

    Will be given scratch paper and 20 mins before the end, a bell will berung so students can transfer their answers.

    Grading:

    Communication in English 20%Sorting out relevant issue 15%

    15%Constructing your argument 50%

    SUMMARYIdeally: the PLAN is per subject: 1st part of MQC for 1 hours

    then afterwards an ESSAY part for 2 hours with 60% MQC and 40%Essay