Answering questions (Legal Writing)

1. Answering Questions

2. Types of questions in legal exams:
1) Enumerations (what)
2) Situational (what & why)
a) Distinctions (difference)

3. Enumerations depend on rote
(memorization)
What to do if you do not remember all?

4. You do not frame your answer in numbered
phrases, such as
1) Justifiying Circumstance
2) Exempting Circumstance
3) Mitigating Circumstance
4) Aggravating Circumstance
5) Alternative Circumstance

5. But instead, write it as a series, such as
The circumstances are Justifying, Exempting,
Mitigating, Aggravating, and Alternative.
(Hoping that the examiner will just gloss over
your enumeration in the event that you
missed one)

6. Situational Questions:
You will be asked if you were the judge,
how you would decide and why.
That means, you need to evaluate and
appreciate the facts, and the law upon which
the facts apply.

7. Example:
Mr A was being teased by Mr B in a gathering.
Mr B got angry and pushed Mr A. Mr A fell, hit his
head and died. Is Mr B criminally liable?
(In his defense, Mr B claims that he merely
reacted to the provocation of Mr A and that he
only intended to push the victim away from him.)

8. Suggested answer:
(format) Yes/No. Reason
Yes, B is criminally liable. Art. 4 of the RPC
provides that any person committing a felony
incurs liability even if the wrongful act be different
from that which he intended. However, he can
avail of mitigating circumstances of ‘provocation’.

9. Modes of answering:
Positive
&
Negative

10. Question: What is light ?
Positive:
The electromagnetic radiation
emitted by a source within the
wavelength of visible light (Violet
to Red)

11. Negative:
The absence of darkness.

12. Question: What is integrity ?
Positive: It is that moral attribute
that …
Negative: It is the absence of
deceit …

13. Tip:
Pay attention to ‘moral attribute’.
When asked to identify something, make sure
you identify that something.
Integrity is a moral attribute or a character trait.
A crime is an ACT or OMISSION prohibited by
law.

14. Drawing Distinctions:
Question: What is the difference between
‘writing in chalk’
and
‘writing with chalk’?

15. ’Writing in chalk’ refers to putting down words
in a particular medium, such as ink, engraving, and
cutting/carving.
‘Writing with chalk’ refers to putting down
words USING a particular implement, such as pen,
pencil, typewriter, computer, and, in this case, chalk.

16. end