Philippine Bar Exam: Judicial Branch and Legal Principles

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Questions and Answers

What is the definition of a 'suspect class'?

A class subjected to a history of purposeful unequal treatment, or relegated to a position of political powerlessness. (correct)

A class with political power and influence.

A class given extraordinary protection from the Government.

A class with disabilities or subjected to unequal treatment.

What is the test for acase to be ripe for adjudication?

Actual controversy and standing. (correct)

Lis mota and raised at the earliest opportunity.

Grave abuse of discretion.

All of the above.

What is the primary goal of 'thinking like a lawyer'?

To provide a client with legal advice. (correct)

To come to a definitive conclusion.

To identify legal problems or issues.

To listen to a client's story.

What type of answers do legal issues often admit of?

Provisional, probabilistic answers. Signup and view all the answers

What is the exception to the hierarchy of courts in Judicial Review?

Cases of first impression. Signup and view all the answers

What is the term for the ability to give a client legal advice?

Lawyering. Signup and view all the answers

What is the term for identifying legal problems or issues in a set of facts?

Identifying legal issues. Signup and view all the answers

What is the requirement for a restriction on freedom of speech to be valid?

It must be unrelated to the suppression of free expression. Signup and view all the answers

What is the primary principle behind the doctrine of stare decisis?

Once a legal question is decided, it remains settled. Signup and view all the answers

What do the categories of law primarily classify?

Different types of citizens and their rights or obligations. Signup and view all the answers

Which of the following statements about exceptions in law is true?

Exceptions often apply to habitual delinquents. Signup and view all the answers

What should legal practitioners focus on according to effective survival skills?

Sorting facts and applying principles to cases. Signup and view all the answers

What does the term 'non-self executing' refer to in legal classifications?

Laws that require additional legislation to be enforced. Signup and view all the answers

What is indicated by the phrase 'laws are prospective in nature'?

Laws only apply to future cases. Signup and view all the answers

Which group would NOT typically fall under the category of 'children in conflict with the law'?

Children who have not been charged with any crime. Signup and view all the answers

What is the primary focus of the 'survival skills' listed for preparing for the Bar?

Practicing practical application of legal principles. Signup and view all the answers

Which element is NOT required for constituting taking of personal property?

The owner has given consent Signup and view all the answers

What does 'strict scrutiny' evaluate in relation to government policy?

Whether the policy serves a compelling state interest Signup and view all the answers

Which is a necessary condition for the taking of personal property?

Intent to gain the property Signup and view all the answers

What must be analyzed to determine if a law is narrowly tailored?

Alternative actions available Signup and view all the answers

Which scenario would likely trigger an inquiry into means or classification in government policy?

Policy addressing a suspect class Signup and view all the answers

What is NOT an aspect considered during judicial scrutiny for freedom of speech cases?

The overall societal impact Signup and view all the answers

Which of the following is essential to establish when there is a taking of personal property?

The taking occurred without owner's consent Signup and view all the answers

Which principle is evaluated when determining if a government policy is the least restrictive means?

The presence of alternative actions Signup and view all the answers

What should be the focus when determining how to answer an essay question?

Following a structured approach using legal language Signup and view all the answers

Which of the following is advised against when answering essay questions?

Engaging in a 'shotgun' approach to answering Signup and view all the answers

How should the directive words such as 'argue' and 'define' be treated in essay questions?

Essential for crafting the structure of the answer Signup and view all the answers

What type of language should be avoided in legal writing?

Conversational and casual language Signup and view all the answers

What common mistake involves an incorrect assessment of case issues?

Assuming that publication is the main issue Signup and view all the answers

Which method is suggested for organizing defenses in legal arguments?

Using a hierarchy of issues based on facts Signup and view all the answers

What is a recommended approach for a lawyer defending a client in a prohibited act?

Present legal defenses based on given facts Signup and view all the answers

What should transitional words in an essay help with?

Connecting thoughts and structure arguments Signup and view all the answers

What is the most important aspect of law school education according to the text?

Developing 'JUDGEMENT' and analyzing arguments Signup and view all the answers

What is the key difference between good lawyers and great lawyers, according to the text?

Good lawyers can identify strong arguments, while great lawyers can make weak arguments stronger. Signup and view all the answers

What are the two primary aspects of a case that a student should focus on when reading a case?

The facts of the case and the holding Signup and view all the answers

What is the most important aspect of answering law exams, according to the text?

Understanding the legal principles involved Signup and view all the answers

What does the acronym CLAC stand for, and what does it refer to in the context of law school?

Clarity, Logic, Analysis, and Conclusion; a method for analyzing and writing legal arguments Signup and view all the answers

Which of the following is NOT mentioned in the text as a key element to consider when reading a case?

The parties' arguments Signup and view all the answers

What is the primary objective of legal reasoning, according to the text?

To persuade a judge or jury Signup and view all the answers

What is the importance of understanding the 'procedural posture' of a case?

It provides context for the holding Signup and view all the answers

Study Notes

Doctrine of Stare Decisis

The doctrine of stare decisis is based on the principle that once a question of law has been examined and decided, it should be deemed settled and closed to further argument.
Reference: Review Center Association Of The Philippines v. Ermita, G.R. NO. 180046 : April 2, 2009

Studying for the Bar

5 survival skills:
- Mastering legal principles/law
- Sorting facts and spotting issues
- Applying principles/law to facts
- Reaching a conclusion
- Articulating the conclusion
Study plan:
- Read cases
- Look for key words and hooks
- Explain to yourself
- Practice writing and speaking
Anatomy of law:
- Body of law
- Categories – concepts
- General rule
- Exceptions
- Tests
- Lists
- Elements

Anatomy of Law

Law classifies:
- Children in conflict with the law and children at risk
- Citizen and non-citizen
- Rights or obligations
Higher education and basic education
Real or personal property
Agricultural and residential property
Public and private corporations
Male and female
Self-executing and non-self-executing provisions

General Rules, Exceptions, and Tests

General rule: laws are prospective in nature
Exceptions:
- Unless it is favorable to the accused
- Except for habitual delinquents or recidivists
Tests:
- Judicial scrutiny of laws for Sub Due Process and Equal Protection Issues
Elements:
- Taking of personal property
- Property belongs to another
- Taking is done without the consent of the owner
- Taking is done with intent to gain

Thinking Like a Lawyer

Law is not about reciting legal rules or spouting information
Law is about reasoning cogently and making convincing arguments
Developing "judgment" and an informal feel of how judges decide
Using legal concepts and categories to break down puzzles into an orderly sequence of questions
Good lawyers know the difference between a winning and losing argument
Great lawyers recognize how to make a weak argument strong
Star lawyers think of arguments no one else has thought of and change the path of the law

Reading a Case

Look for:
- Issues of precedent
- Facts of the case
- Parties' positions
- Procedural posture
- Holding/dicta
- Important text
Source: Introduction to Law School for First-Year Students, Professor Molly Bishop Shadel, University of Virginia School of Law

Answering Law Exams

What the examiner is looking for:
- Understanding of the law
- Depth of analysis
- Quality of articulation
Suggestions from the Supreme Court:
- Read each question carefully
- Pay attention to the directive or direction
- Do not do the "shotgun" approach
- Go straight to the point if you know the exact answer
- Use transitional words
How to answer an essay question:
1. Answer
2. Law
3. Application
4. Konclusion

Common Mistakes

Giving policy recommendations
Assuming facts not present in the question
Lack of articulation
Using conditionals
Putting conditions, "it is ok but"

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Description

This quiz covers the doctrine of stare decisis, the principle that once a question of law has been examined and decided, it should be deemed settled and closed to further argument, and other key concepts related to the judicial branch in the Philippine Bar Exam.