UNIVERSITY OF SAN JOSE-RECOLETOS SCHOOL OF LAW LEX CIRCLE SCHOOL YEAR 2012-2013

FIRST YEAR STUDENTS ORIENTATION

Our Common GOAL: To become a LAWYER. A Bar Topnotcher once told us: I prepared for the Bar Exam from that moment I entered Law School. According to our professors: Your goal is to pass if not, top the bar exam. Passing the bar exam is just an exception. The general rule is that we will fail. So in order for the exception to apply, we must eliminate all those factors which would draw us to the general rule. I. How to study law? Tips: 1. Organize 2. Understand what you read 3. Take down notes 4. Improve your English communication skills 5. Evaluate yourself 6. Set your priorities 7. Patience 1. Organize This is very important to avoid waste of time. Make a study plan. -

Make sure that you have read your assignment before entering the class. Allocate time for you to read your assignments everyday. According to one of our professors:

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...He allocated his time in reading depending on the number of units for each subject. (He was a working student enrolled in a regular class.) Allocate a notebook for each subject. This is important for taking down notes.

2. Understand what you read Develop a style/strategy that will help you easily understand and recall what you read. Examples: 1. Observe how the provisions of the law were arranged. 2. Observe how the author of your book presented his discussions regarding the provisions of the law. Civil Law: The general provisions were presented first. Example: Observe how the provisions in the Family Code were arranged. Criminal Law (Book II): The graver crimes were defined and presented first. Sta. Marias Persons and Family Relations (Civil Law): Observe that he presented the provisions of the law first. After that, he discussed such provision and presented decided cases. Set your objective/s. Before reading your assignment, ask yourself first: What must I learn after reading this assignment? Memorize significant provisions of the law. How will you know that such provision is significant? 1. Observe how your professors emphasize such provision. 2. Observe the number of decided cases containing such provision. 3. Observe how many times such provisions came out in the bar exam. 3. Take down notes Why is taking down notes important? 1. Your notes will serve as your guide when you study. 2. Most of the professors questions during the examinations were taken from their discussions. 4. Improve your English communication skills a. Grammar and spelling.
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b. Handwriting and writing skills. 5. Evaluate yourself a. Learn from your mistakes. b. Engage in group discussions with your fellow law students. c. Do not pretend that you know, even if you dont. d. Do not hesitate to ask questions. e. Try answering previous bar exam questions. 6. Set your priorities 7. Patience We cannot learn law in just one night of reading. We must accept our mistakes and learn from it. It is better to commit mistakes while we are still in the course of studying law rather than to commit mistakes during the bar exam.

II. a.) Problems you might encounter when you study. 1. Lack of studying time. 2. Get bored easily. 3. Dont seem to understand what you read. 4. Forget the things that you study. 5. Cram for exams. b.) How to solve these problems? 1. 2. 3. 4. 5. Lack of studying time. Make your study plan. Organize your activities. Understand what you read. Get bored easily. Think of the things that motivate you. Understand what you read. Do not over study. Dont seem to understand what you read. Patience. Refer to authors comments and annotations. Consult a law dictionary. Forget things that you study. Read and study consistently. Understand what you read. Always evaluate yourself. Cram for exams. Preparation. Organize and make a study plan. Read one week before an examination.

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III. What will you encounter in Law School? The Law Cases Oral Recitations Quizzes Major Examinations Mock Bar Examinations

A. The Law - The codal provisions of the law. B. Cases - Title, Citation and the date o People vs. Tomotorgo, 136 SCRA 238, G.R. No. L-47941, April 30, 1985 SCRA = Supreme Court Reports Annotated o U.S. vs. Sweet, 1 Phil. 18 Phil. = Philippine Reports - How to search for cases?
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You can use the USJ-R School of Law Library software (e.g. LEX LIBRIS), internet, etc.

- Using the Library o If only the Volume and Page numbers are given (Phil., SCRA, or others.) o If only the date is given. o If only the General Reference (G.R.) Number is given. Ask the assistance of the working student in the library and she will give you the date corresponding to such G.R. number. - Using the Internet o www.lawphil.net o www.sc.judiciary.gov.ph
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Use the search engines (google, yahoo or others)

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C. Oral Recitations Cases Codal Provisions Books

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It is NOT ADVISABLE for you to use reviewers as early as now.

o Read the assigned books first. D. Quizzes E. Major Exams Multiple Choice Questions (MCQ) Essay

1. Multiple Choice Questions Simple Recall Understanding Analysis According to a well-known author in Remedial Law: Most of the MCQs may be in the form of a question, blank statement or facts. Professors may also give true or false questions in the form of MCQs. The questions may be taken from provisions of the law and cases. Examples (MCQ) - Observe how the questions and choices are presented. Simple Recall (Blank Statement): Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. This provision declares __________: a. the due process of law b. the principle of abuse of rights c. the prevention of unjust enrichment d. none of the above Simple recall (Question) Which of the following is/are an essential requisite of a valid marriage? a. Legal capacity of the contracting parties who must be a male and a female. b. Consent freely given in the presence of the solemnizing officer.

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c. Both a and b. d. None is given. Understanding (Facts) Franz, a 22-year old Certified Public Accountant, decided to marry Ivy, a 17-year old Accountancy student. The marriage was celebrated after a month where both Franz and Ivy freely gave their consent before the solemnizing officer. Assuming all the formal requisites are present, decide on the validity of their marriage. a. The marriage is valid because the consent was freely given in the presence of the solemnizing officer. b. The marriage is valid because during its celebration Franz and Ivy were both single and therefore they are capacitated to marry each other. c. The marriage is void if the consent of Ivy was obtained through force, intimidation or undue influence. d. The marriage is void because Ivy is still a minor and therefore has no legal capacity to marry. Legal Analysis (Facts) John, a married man, had frequent visits to Dahlia on the pretext that he desires to learn the rosary. In the process, they fell in love with each other, and met each other in a clandestine manner, over the objection of Dahlias family. One time, Dahlia left the parental home and went to John who wrote and asked Dahlia to see him. Dahlias parents sued John. Is John liable? a. No. Because maintaining a love affair with the woman John loves is not expressly prohibited by law. b. No. As long as Dahlias consent in maintaining their relationship is voluntarily given, John is not liable. c. Yes. Because Dahlias parents objected to their relationship. d. Yes. Because being already married, it is contrary to law, public morals, good customs and public policy that he should still maintain a love affair with Dahlia. Reference: Pe, et.al. vs. Pe, G.R. No. L-17396 May 30, 1993 True or False Statement 1: The absence of any of the essential or formal requisites shall render the marriage voidable. Statement 2: A defect in any of the essential requisites shall render the marriage void ab initio. a. Only Statement 1 is true. b. Only Statement 2 is true. c. Both statements are true. d. Both statements are false. 2. Essay

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 Definition Enumeration Case Problem Other questions like give the distinctions and true or false were also asked by some professors. *Take Note: Factors which will affect your answer: o Substance o Grammar and sentence construction o Handwriting, margin and indention o Presentation of your answer o Answer directly what is being asked. Case Problem Answer directly what is being asked. How? 1. Read the facts and the question. 2. Determine the issue. 3. Recall what law or jurisprudence is applicable. Case Problem - Sample Franz, a 22-year old Certified Public Accountant, decided to marry Ivy, a 17-year old Accountancy Student. The marriage was celebrated after a month where both Franz and Ivy freely gave their consent before the solemnizing officer. Assuming all the formal requisites are present, decide on the validity of their marriage. How will you present your answer? 1. Make your stand. Yes because.. No because.. The petition is meritorious. The petition is bereft of merit. 2. State the applicable law or jurisprudence. The law provides.. Jurisprudence dictates.. Settled is the rule.. 3. Apply the law/jurisprudence in relation to the issue and the question asked.
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In the case at bar.. A perusal on the facts of the case would reveal that.. Note: Use a single line in erasing your answer. Write your answers on the front of each page. Use sign pen (black or blue) in answering. Professors may also ask you to make a Legal Memorandum. Important things to know in writing Legal Memorandum: Form Determining the Issues Making Arguments F. Mock Bar Examinations First Year, Second Semester Political Law for those who will be enrolled in Constitutional Law II Criminal Law for those who will be enrolled in Criminal Law II IV. Question and Answer

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