Answering Bar Exam Questions Guide

Reference: Same title - online

Much has been said, written about, and debated upon the topic of how to properly answer Bar exam
questions. Law students all over the Philippines may have heard a list or two on what to do and what
to avoid come the time they take the exams for four Sundays. From different practitioners to a
handful of professors trying to help the next generation of lawyers, different techniques and
strategies have already been shared through various platforms.

However, due to the litany of strategies law students often hear from different people, they tend to
be over-informed, worse, be rattled on what advice to follow.

To help law students narrow down what to do when it comes to answering Bar exam questions, we
have compiled a list containing the most often told tips of law professors and law practitioners on
how to properly answer a Bar exam question. Below is the guide that can help law students surpass
the Bar.

Read and follow the instructions

Most Bar takers tend to go through the questions right away after being handed the questionnaires
and having a go signal to start the exams. This, according to most professors and lawyers, is the
common mistake of those who took the previous Bar exams. Given the fact that each Bar examiner
has a specific set of instructions for their respective exams, bar examinees should read the
instructions first.

Reading the instructions carefully is important in the two-examiner-per subject Bar Exam format as
every subject for the examination is checked by two examiners who made two separate set of
exams. This means that an examinee will be having two booklets for two sets of the exam. Under
this new rule, the examinee is required to write his answers in two separate booklets corresponding
to the two separate questionnaires/ parts. As such, even if there are remaining spaces in the first
booklet, the examinee is required to move to the second booklet for the second part.

Look at the question first

At times, the exam offers a kilometric set of fact which will make the examinees spend so much time
reading it. Most Bar questions have tricky facts that branch out to legal problems which will make
law students think critically and exhaust them all the way. However, most of the time, the questions
posed are simple. By reading the question first, student will be able to read and understand the set
of facts given in a legal problem. They can filter out unnecessary facts that will only confuse them.

Check for the keywords within the facts and the questions
A legal problem in the Bar exam will always hand in something to every examinee. Whether it be a
word, a phrase, or even a legal provision, takers must consider the same and determine whether or
not it is relevant to the answer they have in mind.

For example, one is confronted with a Criminal Law question and a crime was given in the facts. The
examinee is then expected to cross-refer the same to the legal elements of the crime. Are the
elements of the crime present? Is one or more lacking? If so, what? With this, a Bar taker could
answer in a manner which his accorded with a legal basis and the like.

Don’t forget to write legibly and provide sizable margins

It must be ingrained in memory that every taker must leave a margin on both sides of the test
booklets. Bar examiners always want a neatly submitted booklet when they are checking the same.

Also, takers must write clearly. Grammatical errors may affect the grades an examiner may give to a
taker. It must always be remembered that the Bar exam, first and foremost, is an English exam that
requires mastery of the language as well.

Remembering ALAC and KISS

The ALAC method strikes as the most familiar and most useful to all bar exam takers out there. To
those having a hard time on how to come up with a well-crafted answer in the Bar, let us revisit the
said method.

ANSWER

Before stretching out one’s knowledge when it comes to the pertinent jurisprudence or codal
provisions, one must first answer. Most questions will ask whether or not the contention of a party is
correct. Takers must first answer by jotting down a YES or a NO followed by the question asked (e.g.
YES, the contention of the petitioner is correct.)

LEGAL BASIS

After answering and establishing a point of reference, takers must now lay down the related
jurisprudence or codal provision to defend the answer. One must take note however that while
there may be a lot of possible answers considering the exceptions and the exceptions to the latter as
well, remember that there is only one issue in the legal question in which the examiner would like to
be answered. In short, do not complicate the answers and simplify them as much as possible.

ANALYSIS/APPLICATION

Now that the legal basis is established, an analysis must then be made towards the facts of the legal
problem. Here, correlation and cross-referencing to the facts as well as the questions comes to play.
This is the portion in which takers can further expound on their answer aside from the given legal
basis.
CONCLUSION

For the last paragraph of the answer, one must sum up all the factors already stated in the preceding
sentences. It serves as the point referring to the end of your answer.

No, the contention of X is incorrect.

According to the Revised Penal Code, the elements of self-defense as a justifying circumstances are
as follows: unlawful aggression, the reasonable necessity of the means employed to prevent or repel
it, and; lack of sufficient provocation on the part of the person defending himself.

In this case, the second element is lacking. Shooting an aggressor multiple times at the back,
according to jurisprudence, is not within reasonable means to prevent or repel or attack.

Hence, X cannot use self-defense to be exculpated of the crime charged.

As shown in the given example, the KISS method was also applied. The acronym stands for Keep it
Short and Simple,” Bar takers are expected to go directly to the point and avoid beating around the
bush. Given the number of Bar takers in the country, examiners only have a very limited time in
checking every booklet. Bar takers should know how to answer shortly yet so concise that all the
issues in the legal problem are answered with just a couple of sentences.

While there is only ample time left in studying for eight subjects for a couple of months, how to
answer Bar exam questions must already be given importance. Being compressed into five easy
steps, may this guide serve as a simple yet handy reminder to all the Bar takers for this year and the
years to come as well.

5 Tips in Answer Bar Exam Questions

Aside from knowing and remembering the laws, one important weapon that bar candidates have to
bring with them during the bar exams is knowing how to answer questions in a categorical, brief and
fully responsive manner. It is not enough that you know the answer to the bar question. You have to
know how to properly express it.

1. KISS Method (picture of a kiss)

Keep It Short and Simple
Examiners do not have the luxury of time to be reading your answers like they would
normally do for pleadings or cases. With a very limited time to check thousands of booklets,
they would truly appreciate short yet responsive answers.

Just think about this: If there are 6,000 bar booklets with an average of 20 questions per bar
subject, an examiner only has approximately 1.5 minutes per question for checking. So try
 your best to give your categorical answer, support it with the law and apply the law to the
facts of the case in the first minute of your answer.

Sounds complicated right? You’ll get the hang of it if you practice daily. Answer at least five
bar questions per day following this method so that eventually it will become part of your
system.

2. 4-paragraph Rule
No, this tip does not contradict the first one. This rules talks about how you are going to
make it easier for the examiner to find your answer. It does not talk about length.
The 4-paragraph Rule provides a systematic way of answering bar exam questions.
First paragraph, should say your categorical answer, whether it is a yes or a no, or the
answer to an objective type of question. Yes, A is liable. Your first paragraph could be as
short as simple as this.

Second paragraph should provide your LEGAL BASIS, whether it is an applicable law or
jurisprudence. The National Internal Revenue Code provides that a resident citizen is liable
to pay income tax for income derived from sources outside the Philippines. Your legal basis
could be written in a one-liner paragraph like this. You need not cite the exact chapter or
section of the Code nor the title of the case for jurisprudence.

Third paragraph should be the synthesis. It is where you should apply the law to the given
facts of the case or question. Examiners test not only your knowledge of the law, but also
your ability to apply the law in various scenarios. Here, A is a Filipino, residing in Manila, and
earning rental income for his house and lot in the US. The thing paragraph is usually the
longest among the four paragraphs as it interlocks the given set of facts with the applicable
law. But it can also be a one-sentence paragraph depending on the question at hand.

Fourth paragraph is “hence-paragraph”. It is where you conclude your answer. Usually, it is a

repetition of the categorical answer but with few more details to end it strong. Hence, A, as
a resident citizen, is liable for income tax. Your fourth paragraph should conclude and
summarize your response to the bar exam questions.

Again, the 4-paragraph rule does not equate to length of the answer. In the examples given
above, you would notice that every paragraph is composed of only one sentence each.

Yes, A is liable.
The National Internal Revenue Code provides that a resident citizen is liable to pay
income tax for income derived from sources outside the Philippines.
Here, A is a Filipino, residing in Manila, and earning rental income for his house and
lot in the US.
Hence, A, as a resident citizen, is liable for income tax.

By following this rule, you are helping the examiner check your booklet easier and
faster. Since you have a systematic way of answering the questions, the examiner would
know where to look for the answers or key words he or she is looking form.

Tip No. 3. Stick-to-one Rule

Okay, okay. This rule has nothing to do with your #hugot #feels. Let’s set those things aside
for now.
The stick-to-one Rule means that you should pick a side and take a stand in your answer. A
lawyer should know how to argue based on the provisions of the law and case holdings.
Hence, your bar answer should demonstrate such ability and prove to the examiner that you
are worthy to become a member of the profession. Never answer MAYBE. If you are unsure
of your answer or you think the case could go either way, make a choice still and argue for it.
For gray areas or for questions with different possible answer, examiners usually check how
bar candidates make a case.
Answer categorically. If it is a yes, mean it. Stick to it. Make examiner believes that your side
is the right side.
Whether it be in a relationship or in the bar exams, abide by the Stick-to-One Rule to be
successful.

Tip No. 4. Watch Your Grammar

Another thing that would help the bar examiners check your booklets with ease and with a
light heart is your good grammar. Lawyers are expected to have a good command of the
English language, both in oral and written communications. As such, bar candidates must
work on their grammar and composition.

Atty. Rita Linda Jimeno, a bar examiner, share her thoughts on the relevance of good English
grammar in the bar exams through her column in Manila Standard. An excerpt from her
article says, “Worst, many of the examinees were unable to express their thoughts in
English. The English grammar of many of the examinees could shock even a high school
graduate who took his secondary education seriously. For instance, nearly a majority erred
in the proper use of “is” and “are”. In one question involving two persons, X and Y, many
said X and Y is wrong.
It is not too late to work on your basis grammar. With your daily practice writing, you will be
able to spot your grammatical flaws and correct them just in time for the bar exams.

Tip No. 5. Write legibly

After years of struggle in law school and bar review, you sure would not want to mess it all
up with just a bad penmanship. It is equally important to have a legible penmanship.
The bar exams do not require a specific type of penmanship. You may write in cursive or in
block letters, as long as you do not use all caps in your sentences.
As early as now, know which type of penmanship suits you best. Do you write more legibly in
cursive or in print/block letters? Consider also your speed as you are only given four hours to
answer around 20 questions per bar subject.
Another practical advice: Choose a really good pen. Use the same pen for your practice
writing until the bar exam.

III. A good writing reflects a clear thinking. Preparing for the bar entails studying the law, and
effectively answering the bar questions. One cannot outdo the other. The bar examinee’s
knowledge of the law remains futile when he lacks the ability to spot the given issue in a bar
question and address it. The bar examination is a test on the examinee’s legal knowledge
and its application, his proficiency in English language, and his ability to present answers.

1. Spot the issue

Read first what is required. Pay attention to the directive used in the question. No
matter how you present your answer, when it is not responsive to what is asked, it
remains wrong.
Knowing first what is asked allowed me to easily determine which facts I needed. This
way, I avoided wasting time reading facts that were not relevant to the issue.
2. Formulate an outline of the answer in the questionnaire. This, I believe is the newest but
the best advice I ever got in my entire bar journey. Preparing an outline or framework of
my answer in the questionnaire allowed me to save time, and to create a structured
answer and neat handwriting.
3. Answer all questions. Do not miss one.
Do not skip questions. Make sure that every item is answered. On questions which you
really don’t have idea what to answer, do not panic. Take a deep breath and use your
common sense. Work around your knowledge of the law or jurisprudence, and use logic
to arrive at a conclusion.
4. Follow instructions. Read and master the Guide and Rules of Conduct to the Bar
Examinations. I
5. Stay calm.