HOW TO ANSWER ESSAY-TYPE QUESTIONS® Associate Solicitor Jose Angelo A. David? A. Kinds of Essay-Type Questions 1. Objective type - questions which ask for definitions, enumerations and distinctions 2. Hypothetical type - questions which require the examinee to provide a solution to a legal problem based on a given set of facts B. Addressing Essay-Type Questions 1. Objective Type a. Distinction - Answer in complete sentences. - State a general classification for each distinction, if possible. - Use distinguishing or comparative terms to highlight the distinctions, e.g, “whereas”, “on the other hand”, “however” Sample Q&A (Note the words in italics and underline) Question: Distinguish psychological incapacity from insanity. Answer: Psychological incapacity may be distinguished from insanity as follows: As to their effect on the marriage, psychological incapacity nullifies the marriage, while insanity is only a ground for annulment of the marriage; As to the time of their existence in order to be a ground to terminate the_marriage, psychological incapacity must be characterized by juridical antecedence. On the other hand, insanity need only affect the * This material should only serve as a GUIDE, intended to aid examinees in writing answers which are (1) logically presented, (2) supported by legal basis, (3) grammatically correct, and (4) convenient to read. A bar examinee is free to deviate from this Guide, and is allowed to adopt his/her own style of answering questions. 1 Atty. David obtained his Law degree from San Beda College Manila, graduating Class Valedictorian. He placed sixth in the 2014 bar examinations.mental disposition of the party during the celebration of their marriage. . Enumeration - Again, answer in complete sentences. Do not write in bullet form. Remember that you are taking the bar exam and your communication skills are also being tested. ~ Unless otherwise instructed, no need to expound. In case of doubt, consider the number of points allocated for the question. If you think the answer deserves an explanation, do so. - As much as possible, indicate your legal basis first. Also, if you can recall all items in the enumeration required of you, list them down consequently numbered on each line of your booklet. This will be more convenient on the part of the examiner to check your answer. State only the enumeration required of you. Do not waste your time stating matters which the examiner is not asking for. Sample Q&A Question: What are the different grounds for impeachment of public officers? Answer: Bad: The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office, on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. Note: This is a bad answer because it states matters which are not being asked by the examiner, ie,, who the impeachable officers are Good: Under Article XI, Section 2 of the 1987 Constitution, impeachable officers may be removed from office upon conviction of culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. Better:Article XI, Section 2 of the 1987 Constitution provides for the different grounds for impeachment, as follows: Culpable violation of the Constitution; Treason; Bribery; Graft and corruption; Other high crimes; and Betrayal of public trust. moaocD 2. Hypothetical Type a. Form (1) Your answer must have the following parts which, as much as possible, must appear in four (4) different sentences. This will force you to write in short and concise sentences. Short Answer ~ Law - Application - Conclusion (SLAC) NOTE: Remember that the bar exam is a test of your aptitude to become members of the legal profession—having ample knowledge of the law and knowing how to apply the law. Thus, ALWAYS support your answer with a legal basis and ALWAYS apply the law to the given set of facts. (2) Observe proper margins - The left-hand side must be wider than the right- hand side. Leave at least one or two spaces on the top and bottom parts of the page. (8) Write legibly - Whether or not in cursive form, make sure that your handwriting is big enough to read. (4) Observe proper indention and spacing - Leave one space after every part of the SLAC, and indent the first line of each paragraph, (©) Follow basic grammatical rules, punctuation and spelling - Common mistakes are subject-verb agreement, sentence fragments. (6) Voice and perspective Write in the active voice and in the third person perspective. Incorrect: In one case decided by the Supreme Court, it was ruled that psychological incapacity is characterized by gravity, incurability and juridical antecedence.Correct; According to the Supreme Court, psychological incapacity is characterized by gravity, incurability and juridical antecedence. Correct: In the case of Republic v. Molina, the Supreme Court held that psychological incapacity is characterized by gravity, incurability and juridical antecedence. Incorrect: I firmly believe that the petitioner is correct, Correct: The petitioner is correct. Incorrect: I submit that the defendant is not liable. Correct: No, the defendant is not liable. (7) Use introductory and transitional expressions wisely. (8) Refrain from using abbreviations. Use acronyms sparingly. Examples of abbreviations which are not allowable: “w/c” for “which”, “bec.” or “coz” for “because”. Examples of allowable acronyms: “NCC” for the “New Civil Code”, “FC” for “Family Code”, “RPC” for “Revised Penal Code”, “SC” for Supreme Court BUT make sure that you have indicated the usage of such acronym in an earlier part of your exam. b. Substance Again, follow the SLAC format. (1) Short Answer ‘Address the immediate question. Be responsive. Examples: QrIs the petitioner correct? Al: No, the petitioner is not correct. 'A2: No, the petitioner is not correct (in contending that ...) Q: As counsel for the plaintiff/defendant, what legal action will you take? Al: As counsel for the plaintiff, I will file a motion for reconsideration. ‘A2: As defendant's counsel, I will file a motion to dismiss.Q Decide on the motion to dismiss filed by the respondent. Al: The case should be dismissed (because of res judicata.) A2: Motion granted. 3: The motion should be granted. (2) Law State the law or jurisprudence applicable to the case. Use proper citation. Do not write the article number or case title if you are not 100% sure if it is the correct citation. Use introductory terms Generic: “Under the New Civil Code, ...”, “Under the law, ...”, “It is a well- settled rule that ...”, “The doctrine of ... states that ...”, “The Supreme Court has held that ...” Specific: “Article 14 of the New Civil Code provides that ...”, “In the case of US. v. Ah Chong, the Supreme Court held that ...”, “The Supreme Court has ruled in the case of Cui v. Arellano University that ...”, “According to the Supreme Court in Oposa v. Factoran ...” (3) Application Apply the law to the given set of facts. Be consistent, Use the same concepts or terms that you used in your legal basis. Do not assume facts. Limit yourselves to the facts given in the question. Use transitional terms: “Here ...”, “In this case ...”, “In the case at bar ...”, “In the problem ...”, “Based on the facts, ...” (4) Conclusion The conclusion must address the issue. Use transitional terms: “Therefore, ...”, “Thus, , “Henee, ...”, “To conclude, ...”