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Showing posts with label tips. Show all posts
Showing posts with label tips. Show all posts
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Digestion is the mechanical and chemical breakdown of food into smaller components that are more easily absorbed into a blood stream, for instance. Digestion is a form of catabolism: a breakdown of large food molecules to smaller ones. -Wikipedia

When we talk about digestion, digesting, digest, what comes to mind?

Food? Science? Reader’s Digest?

Well, case digests are a huge part of life in law school. No student ever graduates from law school without at least digesting one case. Um wait, uh except maybe if you’re some kind of a scavenger, I hope not.

A case digest or a case brief is a written summary of the case. A case sometimes involves several issues. Digesting the same would help the student in separating one issue from another and understanding how the Court resolved the issues in the case. The student does not need to discuss all the issues decided in the case in his case digest. He only needs to focus on the relevant issue or the issue related to the subject that he is taking. A case digest may also serve as a useful study aid for class discussions and exams. A student who has a case digest does not need to go back to the case in order to remember what he has read.

Format of the Case Digest
I. Facts. There is no need to include all the facts. Just include those that are relevant to the subject.

II. Issues. Include only those that are relevant. Issues are usually framed in the form of questions that are answerable by "yes" or "no," for example, "Is the contract void?" Sometimes, students frame the question by starting it with the word "whether," for example, "Whether the contract is void" or "Whether or not the contract is void." The answer to the question has to be answered in the ruling.

III. Ruling. This usually starts with a "yes" or a "no." This is the answer to the question/s involving the issue. After the categorical yes/no answer, the reason for the decision will be explained. 

Here’s my realization, the point of making law students make a case digest is to let that student himself/herself breakdown the long boring case into a smaller component more easily absorbed by the student. To make the long case with lots of  distracting details into something more direct to the point of the law, depending on which subject one is asked to make a digest. There’s no sense in chewing the food for others to eat. (gross!) However, if you do decide to just borrow somebody’s digested cases (eat the food chewed on by another), just make sure that you have at least read the full text of the case first. Otherwise, the whole point of making law students digest a case would just be an epic fail.
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Tips in Case Digest

Part of studying law is learning how to digest cases. If you are a first year student the idea is totally new. You could be surprised of the number of cases that each professor will assign to you. Now, you are in panic of what you should do.

Case Digest
- a written summary of the case.
- helps in separating issues
- focus only on certain relevant issue- a useful study aid (no need to go back on cases just to remember)

Parts of the Digest:
1. Caption - must include the date it was decided and citation.Includes the petitioner, respondent, and ponente of the case.

2. Facts - pinpoint the determinative facts. Do not include all the facts.

3. Procedural History - what has happened procedurally in the casea. Case filings. Motions of summary judgement. Court rulings. Trials and verdicts or judgment

4. Issues - must be answerable by yes or no.
Ex. "Is the contract void?"Or use "Whether..."

The answer in the question has to be answered into the ruling.

5. Ruling - usually "yes" or "no".Look for the lines in the opinion that answers the issue.

Reasoning - why the court ruled that way, tracing the reasons step by step.

Pyramid rule in answering essays.
i. Conclusion
ii. Cite particular law
iii. Application of the law (jurisprudence)

6. Concurring and Dissenting Opinions
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 Tips in Answering Bar Exam Questions
"There is nothing that can help a bar examinee most than a constant and intensive study of the provisions of the various codes and the interpretation and application thereof by the Supreme Court in its decisions. By study is meant, that the provisions must be correctly understood and the thought or words thereof put to memory. After a chapter, for example, has been studied, the next one should be studied next, and after this, a review of all that has already been studied re-reviewed, to keep the subject matter and the provisions fresh in mind." - Alejo Labrador

1. English- Grammar- Decide on the tense
- Be consistent in tenses- No time to use flowery words

2. Handwriting- not only legible, must be beautiful- circular, standing- longhand, not slant- spacing between letters- print is discouraged- it is faster to write using longhand

3. Spelling- use simple words- glossary of difficult words- minimum of 15 words per subject

4. Neatness- no erasures or correct erasures- no tracing- YES or NO must be written last- no insertion of words

5. Margins- left right bottom top- picture frame- skip lines between paragraphs- indent paragraphs - make your booklet look like a book- consider left handed students

6. Logic- A = B, B = C, then A = C- hypothetical syllogism- pyramid style (use inverted pyramid if you are not so sure)- state the law- whether or not to state the law

7. Style or FormatPyramid- conclusion- legal basis- application

8. Conclusion- must be responsive to the question- in case of subquestions: if similar law, no need to restate

9. Legal Basis- under the Civil Code...- in the landmark case of ...- it is a settled principle of law

10. Application- here- in this case

11. Special Cases- enumeration- distinction- objectiveRule: if there is no instruction to explain, still explain. Impossible to answer (writ of amparo)

12. Other considerations- ballprint, ink, color- concise, longhand, print- folding page (avoid)- left handed- sweaty palms- others, 1 page or 2 pages numbering
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