ORSEM 2014Academics Workshop Syllabus

The Law What is the Law? The whole system or set of rules made by the government of a town, state, country, etc. A binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority[footnoteRef:1] [1: Merriam-Webster Dictionary, http://www.merriam-webster.com/dictionary/law (last accessed May 6, 2014).]

Why study the Law? Studying the law is like mastering the rules that govern a place. A master of the rules is a master of the game. Studying the law will help you save a lot of people, hopefully those who are more needy. *add more if may maisip ung TNT* *Ask some freshies their reasons for studying the law* Why study the Law in the Ateneo? As a school of law, the Ateneo Law Schools mission is the formation of men and women not only skilled in the science and art of the law, but also imbued with a burning passion for justice and the fervent desire to serve others.[footnoteRef:2] [2: Ateneo Law School Website, http://law.ateneo.edu/?page_id=4 (last accessed May 6, 2014)]

*adlib by TNT to expound, man and woman for others, etc* The Ateneo produces bar topnotchers every year. Wilwayco, Top 2, 2013 Bar. Ingles, Top 1, 2012 Bar. Atadero, Top 1, 2011 Bar. And many more. *note that by this time the bar topnotchers have talked to them sa audi for the inspirational talk, para may masabi pa ung mga TNT * *TNT to think of his own reason why study the Law in the Ateneo, based from his own experience the past year*

Studying the Law in ALS Grade composition The standard breakdown of grades = 1/3 Recitation, 1/3 Midterms 1/3 Finals However, profs can change this if they want. (i.e. Father B, Consti I and II = 25% Recitations, 25% Midterms, 50% finals) The Daily Grind The primary method of instruction in the classroom for the J.D.Program is by recitation a system found to be most effective in developing the students power of analysis, reasoning ability and facility of expression. Daily assignments on codal provisions, court decisions and authorities are given by the professor, and the student is called upon to recite to determine whether he has properly and correctly assimilated the law, its philosophy and its application. [footnoteRef:3] [3: Ateneo Law School Website, http://law.ateneo.edu/?page_id=3346 (last accessed May 6, 2014)]

How to recite properly in class A recitations quality can be judged by assessing two parts: form and substance. Form Remember recitation is also practice for when you speak before the court. Keep your demeanor professional and your questions relevant and intelligent. Be sure you can be heard by your professor. Minimize the use of fillers such as uhm and like. When asked a difficult question, do not show that you are caught off-guard. Some professors will not tolerate coaching and will give you a lower grade (or might even ask you to sit down) if they see you accepting help from your classmates. Never pass. Substance: As a general rule in each case, you have to remember the facts, issues, and the ruling held by the court. Do not be preoccupied with the procedural aspects, meaning, you dont have to go through how the case went in every lower court. Be responsive, categorically answer the question right away before explaining. Always know the definition of the legal terms involved. Some professors may test if you have read the case in the original and will ask about a tiny detail that seemed irrelevant. Always remember the key takeaway of the case- this is the jurisprudence (ruling) relevant to the subject. Most likely this is what the professor will be looking for. The only way to really do well in recitation is to prepare. That means reading everything assigned and reading it twice. The Examinations Exams are your do or die moments in law school since exams(both midterms and finals) usually comprise majority of your grade for the course. Your performance in the exams will likely reflect in your final grade. Thus, we cant stress it enough that you need to prepare and be ready for battle. Midterm and Final Examinations Usually, you will have 1 and a half week reserved for the exams, and you may have an examination every other day or everyday depending on the schedule agreed upon by the beadles during their meeting. You wont have classes during the examination week For the midterms, the coverage is usually one half of the syllabus, but this is not a standard since profs can conduct the class very fast or very slow depending on their mood and preference. For the finals, the coverage is usually comprehensive. Answering Essays Most of the questions in the midterm and final exams are in essay format that is why it is important to know the right way of answering essays. One of the best ways in answering essay examinations is the ALAC method. A Answer to the question Composed of a generic YES or NO answer plus a short statement Example: Yes, Person X liable for grave scandal. L Legal Basis The legal basis contains the law which is used as basis why we come up with the answer to the question. Usually, the legal basis is taken from a codal provision or jurisprudence. Example: According to Article 200 of the Revise Penal Code, the following are the elements of grave scandal A Analysis/Application The analysis is the discussion of the factual antecedents found in the question, the answer to the question, and the legal basis used to rationalize such answer. Example: In the said situation, it is clear that all the elements of grave scandal were present. C Conclusion A simple reiteration of the Answer to end it. Example: Person X liable for grave scandal Study Essentials Highlighters Highlighters are your main weapons in your battle with your 1000-page law books and those seemingly endless piles of cases. Highlighting will help you memorize the principles and doctrines of the readings youve read, and will help you remember when the need arises such as when it is time to recite before your prof or when it is time to take the dreadful examinations. Red Pens/Different Colored Pens Just like highlighters, red pens or pens with different colors except black are helpful to mark the important words or phrases on your law books or cases. What makes them different from highlighters is the fact that you can write marginal notes with them, and with their differing colors, your eyes will mark them differently, making the marks and marginal notes easier to remember. Post-its Write anything you want to make you remember. Draw all the maps of the legal concepts. Dont forget to write anything that comes to your mind for as long as it is related to the study of law. Post-its may also be used for notes you can read before class/recitation. Book Stand Book stands make your reading level more ideal. Book stands range from 200, which is the basic version, up to 2,000, which offers a lot more convenience and additions to the book stand. The only problem is that book stands are usually bulky and heavy. There are free-to-use book stands at the APS library. Study Lamp Sadly, not all the study places within the school (including some spots in the library) and its vicinity are well lit Find a study lamp which can light the dark of the darkest night and youll surely get by any study day(or night)in the law school.

Basics of studying the Law (NOTE: Fix citation) Systems of Law The Philippine System is considered unique because it is a blend of civil law and common law, Muslim Law, and indigenous law. Civil Law Derived from Roman Law The written law Codal provisions, statutes, etc The letter, intent, and the interpretation of laws are the primary occupation of those persons who specialize in the study of law Common Law Law derived from common experiences The concept of common law is a concept of a growing and ever changing system of legal principles and theories; no jurisdictions today with pure English common Law except England[footnoteRef:4] [4: In re: Max Shoop, November 29, 1920]

Jurisprudence or Cases Parts of a Case CASE TITLE: The title of the case enumerates the two opposing parties who are up for adjudication. Generally, the case title is shortened and follows the format of Petitioner vs. Respondent. G.R. NUMBER: G.R. means General Reference. Each case title has its own unique G.R. Number. The G.R. Number is useful for looking up cases more so since some cases have same case titles. CASE SYLLABUS: Not all copies of cases published and/or distributed by different entities have a case syllabus. One of the common published database of cases with a case syllabus is the SCRA. The case syllabus is useful for quickly browsing and mapping legal concepts, principles and doctrines discussed in the case. The syllabus makes issues spotting a lot more easier. PONENTE: A member of the Supreme Court with the task to write the decision which includes a comprehensive discussion of the case including the facts, the issues and the Courts majority opinion of the case. STATEMENT OF THE CASE: Consists of the legal definition of the nature of the action. It states whether the action is a civil case (for collection, ejectment, quieting of title, foreclosure or mortgage etc.) or if it is a criminal case. It also mentions whether the case is being decided on appeal or on a petition for certiorari, the court of origin (Court of Appeals, Regional Trial Court etc.), the case number in the trial court and the dispositive portion of the decision of the lower court. FACTS: Factual antecedents which map out how what really happened to aid in rationalizing the Courts ruling. In cases of appellate review or those which were already decided in lower courts, the facts contain a short summary of what happened in the lower courts, their decisions and their rationale. It is also important to note that it is a substantial requirement set by the Constitution for decisions to include all the facts necessary to resolve the case. It is important to take note of only the facts relevant to your study matter since a lot of Ponentes disuss facts extensively and tends to include a lot, if not, all of the facts of the case. FOOTNOTE: For citation and reference purposes. Footnotes also contain informative references which professors take their questions from so it pays to be diligent in reading footnotes as well. ISSUE/S: The issues are the assignment of errors raised by the petitioner which the court ultimately resolves. Issue spotting is one of the essential skills in law school since there are some cases wherein the issue is a bit hard to spot unlike in some cases (such as those where Justice Carpio is the ponente) that enumerate or tabulate the issues. Spotting the issue which is relevant to the lesson in the class syllabus is important and can be taxing especially if you are given a long case with multiple issues. Although there might be multiple issues, you must be able to discern which of them is relevant to the topic under the course syllabus. For example, if the class discussion is under the Equal Protection Clause, you must find the issue (as well as the facts and the rationale applicable to the issue) relevant to Equal Protection Clause. COURT RULING (usually already includes the RATIONALE): The Courts decision on a specific issue. RATIONALE: Contains a full discussion of the assigned errors raised in the case. Most of the time, the respective contentions of the parties are also mentioned here. It also presents a comprehensive analysis of the factual and legal findings that addresses the issues raised by the parties. It is important to note that it is a substantial requirement to include the legal bases for the decisions made in the case. In a nutshell, it gives a comprehensive discussion on why the Court gave their ruling, the reasons behind it and the application of the legal principles and doctrines. DISPOSITIVE PORTION: Where the resolution of the case is embodied. It is the controlling factor that determines and settles the rights of the parties and the questions presented therein. In a criminal case, the disposition usually includes a finding of innocence or guilt, the specific crime committed, the penalty imposed, the participation of the accused, the modifying circumstances (if any) and the civil liability and costs. In a civil case the disposition states whether the complaint or petition is granted or denied, the specific relief granted, and the costs. SEPARATE OPINION: An opinion written by a Justice separately from other members of the Court, which can either agree or disagree with the opinion written by the majority of judge. It may be a concurring or a dissenting opinion. Professors sometimes ask questions from separate opinions. WORKSHOP ACTIVITY #1 Name the part of the case Case Digest A digest of a case is, simply speaking, its summary. A law student can create a digest for his/her own review purposes but it is usually done in groups for greater efficiency. Digests are commonly used to prepare for recitation or exams. A good digest should only be a page long but for longer cases one and a half or two whole pages can be expected. How to Make a Case Digest Facts There is no need to summarize everything. The digest should only contain the relevant facts. They should be typed down in brief and concise sentences. Do not dumb down or replace terms because they might be important. For example, you cannot interchange the usage of terms. Try to avoid using petitioner and respondent alone and use the real names of the parties, this way your readers do not get lost while reading. Use bold or underline to emphasize essential parts of your digest but dont use both at the same time. Its a mess and hurts the eye. Avoid using CAPS LOCK or italics to emphasize because they have their own usage. Legal terms can be italicized (certiorari, mandamus) and institutions/governing bodies/corporations can be shortcutted in capital letters (DAR, SC) Issues The issues in the case are the questions of law that the Supreme Court has to determine. In the original case, search for the whether or not statement Again, the issue you have to look for should be pertinent to the class you are taking. Make sure to answer the issues in the ruling. Ruling (Held or Ratio): This answers the questions in the issue. The doctrine of the case can be found here and is usually what needs to be remembered for examinations. The ratio is usually is composed of a categorical answer (Yes or No) and the legal reasoning behind it. In the original text, the ruling may not be properly sorted out. In your digest, you can divide the rulings in parts for easier recall. The ruling of a case decided by the Supreme Court is jurisprudence and is binding until overturned, this is what law students need to memorize. WORKSHOP ACTIVITY #2 Make Your Own Digest