Answering Essay Type Questions

Legal Writing
Tips
Read the instructions carefully.
Make a time allocation.
Answer questions one at a time.
Organize your answer: ILDAC
I: Issue recognition
L: The law applicable
D; Decisions in point
A: Analysis of applicability of law and decision on the facts.
C: Conclusion
Answering Dos and Donts
Dont waste time on big introductions.
Do not be a historian.
Do: Write on only one side of an examination booklet.
Do: Use sign pen only.
Do not waste time copying facts. Go immediately to the issue and refer to
relevant facts only when applying the law and decision to said facts.
Do not use case name in answering an exam question, unless absolutely
certain.
Do: Take the question as written on its face value. Do not rewrite the exam.
Do not use the Kitchen Sink Response.
Do not write anything personal on your exam.
Do: Keep yourself out of your answer.
Do not cross-out (a lot of ) words and sentences.
Do: Write clearly and legibly.
Do: Avoid unnecessary and extraneous verbiage.
Remedy for poor penmanship?
Do: Resist the temptation to be humorous.
Do: Make a lawyer-like, professional-styled, no nonsense presentation.
Do: Use clear, cogent, simple English, and do not use legalisms and slang.
Do: Practice paragraphing for each new idea.
Do: Follow rule on abbreviations.
Do: Review your answer.
Four Very Important Rules in Making an Answer
Rule 1: Answer only what is being asked.
Rule 2: Make your answer brief without sacrificing substance.
Rule 3: You must be authoritative in your answer.

Rule 4: Use only simple sentences.

Kinds of Question
Hypothetical
Explanation
Decide/Rule
Answer Which Requires a Qualification
Defense
Better Right
Advice
Opinion/Comment
Rights/Liabilities
Doctrines
Definition
Making a Distinction
Enumeration
Choose the Correct Answer
Requisites
Hypothetical
1st: Either YES or NO + statement based on the last sentence of the question or
given problem OR AFFIRMATIVE or NEGATIVE ANSWER + statement. (one
sentence)
2nd: APPLICABLE LAW or PRINCIPLE (one or two sentences)
Under the law, Under the Rules, Under the Constitution, It is settled that,
3rd: The relationship between the APPLICABLE LAW or PRINCIPLE and the facts
provided in the problem. (one or two sentences)
In the case at bar, In the given problem, The set of facts show,
LAST: CONCLUSION (one sentence)
Therefore, Hence, Such being the case, In sum, To conclude..
Explanation
Demands more information than a definition.
The contents of an explanation usually pertain to the significance or purpose of
the subject matter involved.
Decide/Rule
The examinee makes a judgment.
The objection will be overruled..

As a judge, I will
Answer Which Requires a Qualification
In general, answers should be definite.
Qualifications can be made in exceptional cases.
Might cause the answer to be unresponsive to the question.
Avoid, unless really necessary.
Defense
A justification, raised by a person invoking a right or a legal excuse.
The task of the examinee is to determine whether or not the defense raised in
the question is a valid one.
Better Right
Type of question involving facts showing tow or more claims made by different
persons.
This requires the determination on who has a superior claim or on whose right is
prioritized by law with regard to the issue involved.
The applicable law lays down an order of preference.
Advice
Make a recommendation by providing the course of action to be made for a
particular situation.
Opinion/Comment
Provide an insight on the validity, appropriateness and correctness of an act or
principle.
Rights/Liabilities
Right: Claim or an interest of a person.
Liability: obligation.
Doctrines
Can mention case doctrines or prevailing jurisprudence.
Not required to exactly state the words used in the case.
State the principle and how it is applicable to the facts under consideration.
In the applicable case of.
In a string of jurisprudence
As held in .
Definition
As short as possible.
Define, not explain/.
Be as less technical as possible.

Making a Distinction
Two methods:
Point by Point Method
Making an instant distinction.
Alternate sentences or through a single sentence with the use of a
conjunction.
Block Method
Distinction is by paragraph.
It presents an overview of the first subject before making another
paragraph to discuss the other subject.
Enumeration
In requisites, every element is indispensable. In enumeration, it is not.
May opt to write the most important or the most common items about the
subject.
Choose the Correct Answer
More on multiple choice questions.
If no explanation is required, mere writing of the choice is sufficient. This follows
the principle that an answer must be responsive to the question.
Requisites
In a hypothetical question or in an enumeration.
In a hypothetical question:
General Rule: write all requisites. However, if the same will consume a
great amount of time, it is justifiable to write only the indispensable
element material to the question.
Or write the requisite present if in agreement with the contentions in the
problem.
Or mention the requisite that is absent if there is disagreement with the
contentions in the problem.