The document provides guidelines for answering bar exam questions and making case digests. It discusses the ReLACS framework for structuring bar exam answers, including the Reply, Legal Basis, Analysis, and Conclusion. Techniques are also outlined for different types of exam questions, such as definition questions, enumeration, distinction, jurisdiction, and analysis of facts and law. For case digests, the document recommends including a tickler, header with case details, summary of relevant facts, the main issue, and a section on the court's holding with the applicable law, its application, and conclusion.
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Assignment No. 1
The document provides guidelines for answering bar exam questions and making case digests. It discusses the ReLACS framework for structuring bar exam answers, including the Reply, Legal Basis, Analysis, and Conclusion. Techniques are also outlined for different types of exam questions, such as definition questions, enumeration, distinction, jurisdiction, and analysis of facts and law. For case digests, the document recommends including a tickler, header with case details, summary of relevant facts, the main issue, and a section on the court's holding with the applicable law, its application, and conclusion.
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Criminal Law I JD 1-7
Laurino, Charlene Yet D.
1. How to answer Bar Exams?
The framework used in answering bar exam is called ReLACS. It is
like a golden rule in answering bar examination question. ReLACS stands for Reply, Legal Basis, Analysis, and Conclusion. By using this framework anyone would be ensure to have written a clear, concise, and complete answer.
Reply – Providing clear and concise immediate response to the
question. Legal Basis – Provide the law, doctrine jurisprudence or rule that applies to the issue at hand. Analysis – Application and Interpretation of the legal basis to the issue and facts of the case at hand Conclusion – State the result of your analysis and answer to the issue.
According to Atty. Reynulfo C. Tatad Jr.’s online article entitled
“Techniques in Answering Bar Questions,” the following rules can be used in answering essay questions:
a. Definition type of question – It should be answered directly and
with precision. b. Enumeration – If you can enumerate all, write it in bulleted or numbered form to highlight that the fact that you know all of them. But if you cannot enumerate all, write it in paragraph form so that it would not easily be noticeable that you missed something. c. Distinction – Compare in a systematic and orderly manner. If the question involves distinguishing a term apart from the other, lay down the basis of the distinction first and to continue stating how one term is different from the other. However, if the tenor requires one to “compare” one term from the other, lay down not only bases of their differences, but also, their similarities. d. Jurisdiction – Craft his response on question of jurisdiction. e. Citing legal provisions – It can be favorable if the citation is accurate and definite. However, if the examinee is enveloped in doubt as to the writing the exact provision, he must craft his response in this question. f. Quoting Supreme Court decisions - Citing the case title down to its general reference number and or its SCRA numbers would appear quite appealing to the examiner. However, in case of doubt, one must craft his response in this type of question. g. Emphasizing Case Doctrines Or Jurisprudence - It is high time to outlive those days wherein we only we live with the words “Jurisprudence provides…” or “The Supreme Court held that…” and start to expose ourselves to the new statements when it comes to quoting the highest court of this country. h. Analysis Of The Facts And The Law - one will apply the legal basis to the facts stated in the problem. It is not proper to use the statements “in the case at bench” or “in the case at bar” when answering. i. Concluding Words - Adhere to the application of the Mirror Principle in the Reply and Conclusion part of the ReLACS. The principle requires that both the foregoing parts should be crafted in a manner that it mirrors the structure of the question
2. How to make a Case Digest?
The following guidelines show how to make an efficient Case Digest:
A. Tickler refers to the topic of the case or an easy guide to the
doctrine observed in the Case. B. Header includes case title, case number, date and ponente C. Facts refer to the relevant information sufficient to recall and to prove the matter required to be proved. It must also provide the allegations and defenses of the parties. D. Issue pertains to the main matter in the particular subject we are writing the digest for. E. Held refers to the ruling of the court. It has four parts which must be properly observed: First Paragraph – Quick answer to the issue. If it is a close- ended question, immediately answer it by stating yes or no or if it an open-ended question, address the issue accordingly. Second Paragraph – State the applicable law, doctrine, jurisprudence used by court in deciding the case. Third Paragraph – It is the application of law to the case. Fourth Paragraph – It simply states the concluding sentences.
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