Podcast
Questions and Answers
What is the definition of a 'suspect class'?
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?
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'?
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?
What type of answers do legal issues often admit of?
What is the exception to the hierarchy of courts in Judicial Review?
What is the exception to the hierarchy of courts in Judicial Review?
What is the term for the ability to give a client legal advice?
What is the term for the ability to give a client legal advice?
What is the term for identifying legal problems or issues in a set of facts?
What is the term for identifying legal problems or issues in a set of facts?
What is the requirement for a restriction on freedom of speech to be valid?
What is the requirement for a restriction on freedom of speech to be valid?
What is the primary principle behind the doctrine of stare decisis?
What is the primary principle behind the doctrine of stare decisis?
What do the categories of law primarily classify?
What do the categories of law primarily classify?
Which of the following statements about exceptions in law is true?
Which of the following statements about exceptions in law is true?
What should legal practitioners focus on according to effective survival skills?
What should legal practitioners focus on according to effective survival skills?
What does the term 'non-self executing' refer to in legal classifications?
What does the term 'non-self executing' refer to in legal classifications?
What is indicated by the phrase 'laws are prospective in nature'?
What is indicated by the phrase 'laws are prospective in nature'?
Which group would NOT typically fall under the category of 'children in conflict with the law'?
Which group would NOT typically fall under the category of 'children in conflict with the law'?
What is the primary focus of the 'survival skills' listed for preparing for the Bar?
What is the primary focus of the 'survival skills' listed for preparing for the Bar?
Which element is NOT required for constituting taking of personal property?
Which element is NOT required for constituting taking of personal property?
What does 'strict scrutiny' evaluate in relation to government policy?
What does 'strict scrutiny' evaluate in relation to government policy?
Which is a necessary condition for the taking of personal property?
Which is a necessary condition for the taking of personal property?
What must be analyzed to determine if a law is narrowly tailored?
What must be analyzed to determine if a law is narrowly tailored?
Which scenario would likely trigger an inquiry into means or classification in government policy?
Which scenario would likely trigger an inquiry into means or classification in government policy?
What is NOT an aspect considered during judicial scrutiny for freedom of speech cases?
What is NOT an aspect considered during judicial scrutiny for freedom of speech cases?
Which of the following is essential to establish when there is a taking of personal property?
Which of the following is essential to establish when there is a taking of personal property?
Which principle is evaluated when determining if a government policy is the least restrictive means?
Which principle is evaluated when determining if a government policy is the least restrictive means?
What should be the focus when determining how to answer an essay question?
What should be the focus when determining how to answer an essay question?
Which of the following is advised against when answering essay questions?
Which of the following is advised against when answering essay questions?
How should the directive words such as 'argue' and 'define' be treated in essay questions?
How should the directive words such as 'argue' and 'define' be treated in essay questions?
What type of language should be avoided in legal writing?
What type of language should be avoided in legal writing?
What common mistake involves an incorrect assessment of case issues?
What common mistake involves an incorrect assessment of case issues?
Which method is suggested for organizing defenses in legal arguments?
Which method is suggested for organizing defenses in legal arguments?
What is a recommended approach for a lawyer defending a client in a prohibited act?
What is a recommended approach for a lawyer defending a client in a prohibited act?
What should transitional words in an essay help with?
What should transitional words in an essay help with?
What is the most important aspect of law school education according to the text?
What is the most important aspect of law school education according to the text?
What is the key difference between good lawyers and great lawyers, according to the text?
What is the key difference between good lawyers and great lawyers, according to the text?
What are the two primary aspects of a case that a student should focus on when reading a case?
What are the two primary aspects of a case that a student should focus on when reading a case?
What is the most important aspect of answering law exams, according to the text?
What is the most important aspect of answering law exams, according to the text?
What does the acronym CLAC stand for, and what does it refer to in the context of law school?
What does the acronym CLAC stand for, and what does it refer to in the context of law school?
Which of the following is NOT mentioned in the text as a key element to consider when reading a case?
Which of the following is NOT mentioned in the text as a key element to consider when reading a case?
What is the primary objective of legal reasoning, according to the text?
What is the primary objective of legal reasoning, according to the text?
What is the importance of understanding the 'procedural posture' of a case?
What is the importance of understanding the 'procedural posture' of a case?
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:
- Answer
- Law
- Application
- 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.
