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Summary of Changes in the BAR Examination

FIRST APPROVED CHANGE: The coverage shall drawn up by


topics and subtopics rather than just stating the covered law.

The current practice is to just name the laws included in the


examination. Example for CIVIL Law, it would just state :civil code,
family code, decisions on them, etc.

But the description of the coverage by just naming the laws are just
too general.
This leads to sometimes absurd and weird weird questions. (E.g. name
of the president of icj, number of justices, nationality, the speech of
Justice Panganiban in the commercial law exam etc)

The REDEFINED COVERAGE WOULD LOOK LIKE

E.G. POLITICAL LAW:

In lieu of saying the 1987 Constitution, it would contain topics


and subtopics.

Bill of Rights
Equal Protection
Meaning
Valid Classification
Substantial Distinction
Relevance
Durational
Applicability
Double Jeopardy
Valid Complaint
Valid Plea
Competent Court
Termination
Prosecution’s Appeal
Sameness of offense
Supervening event
Inseparable offense

 The topics should be short of discussing content. It should be


like a checklist so that nothing outside it will be included.
 Multiple Choice Questions (MCQ) will be mixed with Essay. It will be
easier to check and the grading will be objective. It can even be
checked using a PCOS Machine and the results can be known in 2 days.

 Care will be given on MCQ construction so the plan is to quarantine


20 new
lawyers and give them 300 questions to answer. If all can answer, it
may be taken out as it is too easy, and if none can answer, it will be
taken out as too difficult.

2nd APPROVED CHANGE: The adoption of the MCQ question

Self explanatory.

What makes a good MCQ exam? Able to measure level of


preparedness for work of a lawyer. It should be objectively oriented.

 PARTS:
a. Examinees knowledge of law and basic principles and
ability to recall them (KNOW and RECALL) 20%
b. Ability to understand the meaning and significance of
the law and its basic principles (UNDERSTANDING)
40%
c. Ability of the examinee to analyze legal problems and
provide solutions to them (ANALYSIS and SOLUTION)
40%

 Knowledge and Recall 20%


The majority age begins at___. ( the answers must be plausible! )
1. 21 – distractor as old one majority age.
2. 16 – marrying age before
3. 18
4. 12 – statutory rape
 Cant be 19 – no law provides for it!!

Understanding (40%)
A warrantless search is valid when the search is made by:
ii. Customs officers at the home of a known
smuggler
iii. Anti-drug enforcers who frisk passerby at random
iv. Policemen at comelec checkpoint (CORRECT)

This test what is a warrantless search is. A great more difficult to


prepare than just knowledge and recall.
 ANALYSIS and SOLUTION 60%
Example: Sonny, a Filipino citizen, obtained a divorce in Canada from
his wife Lulu, also a Filipino. Is the divorce valid and binding?

A) No, Philippine law binds abroad.


B) Yes, as no operate in Canada.
C) No, Philppine law is recognized in canada
D) Yes since international law mandates local
recognition of

NOTES:
a) It would have only 4 choices.
b) No “none of the above” OR “all of the above” or “modified true
or false questions.”
c) No unnecessary facts which only serve to confuse.
d) No double negatives
e) Only answers that experts generally agree (SETTLED)
f) No unintentional clues
g) Avoid grammatical inconsistencies which highlight answer
h) Avoid length clues (A correct answer which is longer than the
other answers)
i) Keep to one topic only in the questions.
j) For classroom suggest 40-50 MCQ, eventually to grow to 70-80
and 1 or 2 essay type problem.
k) Also, suggested to teachers that NO COPY of the EXAMS be left
to the students after the exam (i.e. return after each exam).

3rd APPROVED CHANGE: Dedication of essay type questions to


determine communication or lawyering skills.

Ratio: this is necessary because in old essay questions there was no


way to know which part of GRADE is for the correct answer and which
is for proper communication.

Here he will prepare a memorandum, decision, or paper regarding it


for the side he chooses to uphold and defend.
It is a test in writing in English, sorting out relevant facts, as it will have
involve affidavits with facts, sorting out the relevant issues, organizing
one’s thoughts and persuading the examiner.

It is not be graded for technically correct/incorrect but solely corrected


for skills of the examinee. The BASIS: standard of a beginning
practitioner.

It will cover 1 or 2 legal dispute situations for which the examinee will
be required to write a paper.

E.g. below is a hypothetical legal dispute


a) choose the side
b) prepare a trial memorandum in support of position
c) write no more than 4 issues
d) write prayer

Will be given scratch paper and 20 mins before the end, a bell will be
rung so students can transfer their answers.

Grading:

Communication in English 20%


Sorting out relevant issue 15%
15%
Constructing your argument 50%

SUMMARY
Ideally: the PLAN is per subject: 1st part of MQC for 1 ½ hours
then afterwards an ESSAY part for 2 hours with 60% MQC and 40%
Essay

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