Major Changes in the Bar Examination: Impact On Bar Exam Review and Coaching
“Know the enemy and know yourself, and you can fight battles with no danger of defeat.” Sun Tzu,The Art of War
Last 31 July 2010, I had the privilege of attending the Supreme Court’s Seminar-Workshop entitled “Preparing for the 2011 Bar Exams and Beyond” held at the U.E. College of Law. Invited were bar-review lecturers, deans of law schools, law professors, and law students of the U.E. The seminar-workshop was personally conducted by S.C. Associate Justice Roberto A. Abad, the chairman of the 2011 Bar Examination.
Justice Abad apprised us of the major changes that will be implemented starting in the 2011 Bar Examination. These are the following:
- A new method of defining the coverage of the bar exams by topics and sub-topics rather than by statutes or rules.
- Part 1 of the bar examination will be in the form of multiple-choice questions (MCQs). This part will have a weight of 60%.
- Part 2 will be in the form of a one or two essay-type questions requiring the examinee to analyze a hypothetical legal dispute and to write a trial memorandum or decision for the side of the dispute that he chooses to uphold or defend. This part will have a weight of 40%.
Justice Abad informed us that these changes had already been approved by the Supreme Court.
I daresay that these changes are not only major but revolutionary. They will have far-reaching implications for the stakeholders in the bar examination: the bar examinees and the law professors and reviewers. One of the early advocates of the use of MCQs was retired Justice Vicente V. Mendoza. Many of his recommendations were subsequently adopted by the Supreme Court and incorporated in Bar Matter No. 1161, which provided for a phased implementation of bar exam reforms.
New method of defining the bar-exam coverage
The previous system of defining the bar exam coverage was to state the statutes and the rules that the bar examinee has to study. The Supreme Court felt that while this was acceptable in the past when the laws and rules were not that many, such a statement of the coverage would be too sweeping and over-broad given the exponential increase in the number of statutes and rules. The sheer plethora of the coverage would overwhelm the bar examinee.
Justice Abad said that while it was the consensus that a bar examinee should be tasked with studying and knowing only the basics of the law, defining the coverage of the remedial law bar exam as including the Rules of Court, or the coverage of the civil law bar exam as including the Civil Code would give little guidance to the examinee on what the “basics” of the law are. In this regard, I remembered a question in remedial law in which the examinee was asked to discuss Section 25, Rule 114 regarding the administrative duties of judges in conducting monthly inspection of detainees.
The new system would hopefully avoid such esoteric questions by circumscribing the source of questions that an examiner may employ. The new system would be very similar to an outline or syllabus that a law professor gives his students at the start of the course so as to guide the students in what areas to study.
Use of multiple-choice questions
A seismic shift in the format of the bar examination is the forthcoming use of multiple-choice questions in the 2011 bar exam. This is patterned after the Multistate Bar Exam (MBE) given in theUnited Stateswhich consists of multiple-choice questions.
The evident purpose of using MCQs is to make more objective the correction of answers. Appreciation of answers to standard problem-type questions tends to be subjective and parity in grading standards is far from guaranteed. Justice Abad also stated that the use of MCQs is a better measure of an examinee’s knowledge of the law since an examiner can ask 200-300 questions and can cover more topics, unlike the standard problem-type questions in which about only 15-20 questions may be asked.
Justice Abad did not give a definitive figure for the number of MCQs to be asked or the time allowed the examinees for answering the MCQs. In the United States, the MBE consists of 200 questions to be answered in 6 hours. In the morning session of 3 hours, the examinee has to answer 100 questions, and in the afternoon he has to answer another 100 questions in 3 hours. This means that on average an examinee has about 1 minute and 48 seconds for each question.
Basic format of a multiple-choice question
An MCQ consists of a stem and four choices or “picks.” A stem may either be a question or an incomplete statement. The choices consist of either (1) answers to a question, or (2) a word, phrase, sentence or sentences which will complete the statement.
An example of a stem which consists of a question is as follows:
1. P filed an unlawful detainer case against D before the MeTC of Manila. D filed an answer in which he raised a counterclaim that P borrowed P350,000 from him (D) for bar review expenses. What defense may P raise against D’s counterclaim?
A. The MeTC has no jurisdiction over the counterclaim.
B. D did not pay the docket fee for the counterclaim.
C. The counterclaim is a pleading which is not allowed.
D. The counterclaim is in excess of P200,000.
An example of a stem which consists of an incomplete statement is the following:
1. An order confirming the foreclosure sale may be appealed within ___ days from notice.
A. 60.
B. 15.
C. 30.
D. 5.
Justice Abad said that for 2011, an MCQ would ask the examinee to pick the correct answer, rather than the best answer. Choices like “all of the above,” and “none of the above,” will not be used, at least for 2011, although they may be used in the 2012 or succeeding bar exams.
Use of distractors
According to Justice Abad, while there is only one correct answer among the four choices, the other three would have the appearance of correctness or would be “plausibly” correct. The 3 incorrect choices which are plausibly correct are called “distractors.” The distractors should be plausibly correct, otherwise, the MCQ would be too easy.
For instance in the first MCQ given, many of my students picked A. This is plausibly correct; however the correct choice is C. Under Section 4, Rule 70 of the Rules of Court, the only pleadings allowed to be filed under Rule 70 are the complaint, compulsory counterclaim and cross-claim pleaded in the answer, and the answers thereto. The counterclaim is permissive and is thus a pleading which is not allowed under Rule 70.
A is not correct because the MeTC is in Manila and hence the jurisdictional amount is P400,000, not P300,000. B is not correct because it wrongly assumes that the MeTC may entertain the counterclaim once the docket fees are paid. D is not correct because it is based on a wrong premise, that is, the jurisdictional amount is P200,000 when it is P400,000.
MCQs of 3 types
According to Justice Abad, there are 3 types of MCQs: (1) know-and-recall MCQs, (2) MCQs which test the examinee’s understanding, and (3) analyze-and-solve MCQs.
Knowledge and recall
The first type of MCQ seeks to test the examinee’s ability to know and recall a specific law or legal principle. In drafting the MCQ, the examiner will employ a specific law or legal principle as a proposition. The first part of the proposition will then be the stem and the second part will be among the choices. An example of this type of MCQ is as follows:
An action quasi in rem is:
A Binding upon the whole world.
B A mix of a real and a personal action.
C Directed against particular persons but seeks the sale or disposition of defendant’s property.
D An action in personam involving real property.
The proposition in the mind of the examiner is “an action quasi in rem is directed against particular persons but seeks the sale or disposition of defendant’s property.” The examiner uses the first part as the stem, and then embeds the second part as one of the choices among four plausibly correct answers.
A “knowledge and recall” question mainly tests a examinee’s rote memory or ability to regurgitate legal knowledge, which while not trivial is on the low end of lawyerly skills. Hence the bar exam will devote only 20% of all MCQ items to “knowledge and recall” questions.
Understanding
This type of MCQ goes beyond a mere know-and-recall query by testing whether an examinee truly understands a specific law or legal principle by relating the law or legal principle to specific situations. An example is given below:
The best evidence rule bars the presentation of:
- Photocopy of a marked money used in a buy-bust.
- Testimony of plaintiff as to defendant’s answer to plaintiff’s question about the contents of a letter.
- Photocopy of a print-out of an email message.
- Testimony of a witness as to what the defendant texted him.
This type measures a higher grade of skill than just knowing and recalling laws. The examinee is measured not only on his textual knowledge of the best evidence rule but also on his ability to apply the rule to specific fact scenarios. 40% of the MCQs will consist of this type.
Analyze-and-solve MCQs
The analyze-and-solve MCQ tests the quintessential skill of a lawyer: his ability to analyze a hypothetical case or problem, to determine the applicable law, and to reach a conclusion or opinion. 40% of the MCQs shall be of this type of MCQ. The MCQ consists of a fact-pattern of a hypothetical problem, followed by the call of the question, then by the four picks. An example of an analyze-and-solve MCQ is given below:
Although more than 3 months had already lapsed from service by the Defendant of his answer, the Plaintiff had not yet moved that the case be set for pre-trial. The Defendant moved that the complaint be dismissed for failure to prosecute. May the court grant the motion?
- Yes, Plaintiff has the duty to move that the case be set for pretrial.
- No, the Defendant should have moved that the case be set for pretrial.
- No, the court should simply order the Plaintiff to move that the case be set for pretrial.
- No, the clerk of court shall issue a notice of pretrial.
The analyze-and-solve MCQ is the one closest to the typical problem-type question found in previous bar exams. However instead of the examinee writing out the answer, he will have to pick the same from four plausible choices.
MCQ more challenging and difficult than traditional problem-type question
The consensus among the law professors who attended the seminar was that the MCQ would be more difficult than the old problem-type question. The basis for this opinion was that in an MCQ question, either the examinee “knows the answer or he doesn’t”. In a problem-type question, the examinee even if he gives a wrong conclusion can get substantial credit for his legal reasoning and argument. Compare this with a MCQ where a wrong answer will get no credit whatsoever.
As Supreme Court spokesperson Atty. Midas Marquez said: “In an essay-type exam, it may be difficult for an examiner to determine if the examinee really knows his codal provisions. In a multiple choice exam, there are no ifs and buts. Either you know it or not.” And guesswork will be of little help to the examinee as the odds of picking the correct answer are 25%, far below the passing percentage of 75%.
The consensus was proved when I administered MCQ exams to my law students. The results (percentage wise) were considerably lower than results in the standard problem-type question. This was also confirmed by other law professors whom I talked with.
Added importance of coaching & training
The new format involving MCQs means that the importance of coaching and training has assumed greater proportions. In the United States, the more important part of the review is not the study portion but the practice and coaching sessions. As stated by one American law professor, you cannot hope to pass the MBE by simply studying your notes and outlines in the same manner that you cannot hope to finish a marathon by simply reading books about running.
You have to do practice and training sessions. An essential part of the MBE review is for the reviewee to answer practice MBE questions over and over again. A reviewee who foolhardily relies on study alone, eschewing or paying only slight attention to practice and training may find himself falling apart when confronted by a daunting 200-300 MCQs exam. He is like a person who prepares for a marathon by simply reading books on how to run and who collapses after the first 5 kilometers.
Answering mock MCQ exams will improve a reviewee’s test-taking ability or his “testmanship.” As you may have gleaned from some of the sample MCQs, they can be quite tricky. The examiners have artfully drafted the questions such that an examinee can be easily fooled by the close answer choices. There is an art and technique for reading and answering MCQs. This is acquired not from mere theoretical studies but from answering practice exams under the guidance and tutelage of experienced bar exam coaches. Furthermore, time-simulated practice MCQs will test a reviewee’s ability to work under grinding time pressure and the ability of his body and mind to stand the pressure and rigors of a 3-hour or 4-hour MCQ exam. Practice MCQs will enable an examinee to time and phase himself so that he can answer on average an MCQ in one minute and 48 seconds or less.
In this regard, Jurists Bar Review Center is in the best position to undertake training and coaching for the new bar-exam format. Jurists already has a proven practice-exam and coaching program in place since 2005 and which has been readily adopted and fine-tuned to the new MCQ format. In fact Jurists had anticipated the eventual shift to an MCQ format and had collected and is continuing to collect a bank of MCQs for use in the practice exams and coaching.
The need for coaching has been further underscored in the essay-portion of the exam. The essay portion will test the examinee’s “lawyering skills,” particularly his skill in writing in English, sorting out the relevant facts, identifying the issue or issues, organizing his thoughts, constructing his arguments, and persuading his reader to his point of view. The emphasis here is not on theoretical knowledge but on legal writing and reasoning. The Jurists coaching staff has considerable experience in coaching examinees on how to read a bar exam question, spot the issues, and present the answer in a logical and persuasive manner.
This experience will prove in good stead to the coaching staff as they train examinees on how to answer the essay portion of the bar exam. Good legal writing and reasoning is something which is not acquired from mere reading and studying but from actually writing out essays to practice questions under timed conditions and then discussing the answers with an experienced coach in order to pinpoint weaknesses and remedy flaws.
In fine, the 2011 Bar Exam is a new “enemy” about which the bar examinee knows little about. A competent coaching and training program involving practice exams and training under competent bar exam coaches will do much to conquer the new adversary.
Read MoreAdvice for the Bar Examinee (2015 ed.)
BEFORE THE BAR EXAM
READ MATERIALS ON HOW TO PREPARE FOR AND PASS THE BAR EXAM. The bar exam is not a matter to take lightly. Hence reading materials on how to prepare for and to pass the bar will greatly increase your chances of seeing your name inscribed in the bar exam hall of fame. You can bring these materials as light reading to your three-day vacation after law school graduation. When I prepared for the 1991 bar, I read a well-worn pamphlet by Prof. Jose Nolledo, Pointers for a Bar Candidate (1960). I also read a booklet by Commissioner Regalado Maambong on the bar examination. The two booklets served me well by giving practical advice on how to prepare for the bar and how to avoid costly mistakes during the preparation and the actual taking of the bar. Unfortunately it seems both booklets are out of print.
Bar Blues (Central Books 2013)written by Tanya Karina Lat, Maria Gracia Gamez, and Marilyn Manait is one good book on bar exam preparation which I highly recommend, comprehensive yet very readable. Slaying the Bar Exam Dragon by Dean Rufus Rodriguez is another book which I would advise you to read.
Dean Wenceslao Laureta’s Secrets on How to Pass the Bar Examination (Rex Book Store, 1990)is a classic in the field of bar exam strategies and tactics. It is somewhat a ponderous or even tedious read, replete with strong opinions and side-comments which the reader may not agree with. Nonetheless there are valuable gems among the plethora of obiter dicta. In particular I recommend the chapters on Types of Bar Questions, How to Tackle Bar Questions, and Brass Tacks. I particularly commend the book to law professors and bar exam coaches and mentors.
PREPARE AND ORGANIZE YOUR REVIEW MATERIALS. Prepare your list of reviewers after your graduation and buy those that you do not have. Get the opinion of professors and last year’s bar examinees as they are the best judges of law reviewers and can give you the pros and cons of a particular reviewer.
As for the copious annotations or commentaries that you used as textbooks during your first three years in law school, consult them only if you need examples or illustrations of particular legal provisions. This is an area where annotations or commentaries have an advantage over most reviewers which tend to put too much emphasis on rules without giving the underlying fact pattern for such rule.
In this regard, I strongly advise the use of reviewers which are in Q&A form or which give examples or illustrations of the rules. This reviewers will serve the dual purpose of being a review material as well as a training material for answering the bar which is substantially made up of problem-type or fact-based questions.
PREPARE A BAR REVIEW SCHEDULE. A bar-review schedule is your road-map to navigating the six months of bar review. When you are enrolled in a bar review center, synchronize your schedule with the bar review center’s schedule otherwise you will not be reviewing effectively. In this regard, choose a bar review center wherein there is a topical continuity in the schedule, that is, where one particular bar exam subject is discussed at a time before proceeding to another bar exam subject. Avoid bar review centers with a hodgepodge schedule where for example, negotiable instruments is discussed on one day, then labor relations on the next, and then civil procedure on the day after.
My advice is that you study one bar exam subject before going to another. Some advise reviewing one subject in the first half of the day (say remedial law) and then another (say commercial law) in the second half of the day. The avowed purpose is to avoid ennui. I think this sacrifices focus and effectiveness just to add variety. One must simply have the self-discipline and drive to study one bar subject at a time.
A rule of thumb in dividing your study time is to multiply the number of days available for review with the weight given to a particular bar examination subject. Assume that you have 130 days allocated for your review (April to August excluding Sundays). Political law has a weight of 15%. 130 days multiplied by 15% will give you 19 days. So you allocate 19 days more or less for political law.
In your review schedule, the last bar subjects that you should study should be labor law and then political law (the so-called “mirror schedule). This will enhance the effectiveness of your review since political law and labor law are the bar exam subjects you will tackle on the first Sunday.
In your daily study schedule, your wake-up time should be at 4:30 a.m. and lights out should be at 9 p.m. This is to make your body clock adjust to this schedule so that by October or the bar month, you would be used to sleeping early and waking up early.
ENROLL IN A BAR REVIEW CENTER. There are advantages and disadvantages to enrolling in a bar review center. Among the perceived disadvantages are the increased costs, which include the enrollment fee, the transportation and food costs, and accommodation costs for those who reside in the provinces. Also quite some time is spent in preparing and dressing up and in going to and from the bar review center.
Despite these considerations, I strongly recommend that a bar examinee enroll in a bar review center. A law graduate does not have the degree of knowledge of the bar subject and the intuitive feel for what are the important topics and probable bar exam questions which an experienced bar review lecturer has. Also a bar review center provides case and statutory updates, which because of time limitations, is often not provided by law schools.
Take note that law and jurisprudence is in a constant state of flux and what you thought may have been good law last year or even last month may no longer be so. Recent developments affect the law as a whole and not just specific or isolated provisions. Hence these should not be taught or learned in a truncated or isolated manner but should be imparted to the reviewee in a holistic manner, that is, seamlessly woven into a bar review subject as an integral element thereof. Only a seasoned bar lecturer, with his experience and intuitive feel of the law, is capable of performing this challenging feat. A bar reviewee who relies on past review material and simply tries to incorporate “updates” into his study is playing with fire.
A recent innovation is online bar review. The bar reviewee need not go to a “brick-and-mortar” bar review center but can review in the comfort of his own home or wherever there is internet access. This has the advantages of cost and time efficiency.
In this regard, Jurists Bar Review is offering JURISTS COMBO, which combines the structured regimen and face-to-face coaching of the traditional review with the convenience and flexibility of an online review.
CHOOSE YOUR BAR REVIEW CENTER WISELY. There are three important things which you should take into account in choosing a bar review center: The line-up of lecturers, the schedule, and the existence of a coaching or mentoring program.
The line-up of lecturers is important. Get the line-up and study this carefully. In appraising the line-up, get the opinion of successful bar examinees and your law professors. Word usually gets around among the bar reviewees and the law academe about the outstanding and the mediocre lecturers. Pay special attention to the lecturers in the subjects in which you feel you are weak.
The schedule is also of capital importance. Some bar review centers draw their schedule based on the availability of the lecturers rather than on topical continuity. As previously stated, avoid bar review centers with hodgepodge schedules. This will greatly undercut the effectiveness of your study.
If you have taken the bar more than three times, ensure that the bar review center is run by a recognized law school or that it has an accreditation agreement with one. The Supreme Court will not allow you to sit for the bar examination unless you get a certification from such a bar review center.
TAKE MOCK BAR EXAMS AND AVAIL OF THE SERVICES OF A BAR-EXAM COACH. Another thing to look out for is if the bar review center has a coaching program. The program should not be limited to the mere administration of mock bar exams, but should provide for one-on-one coaching wherein a coach reads and evaluates the examinee’s answers and then sits down and discusses the same with the examinee, seeking to identify the examinee’s strong and weak points, to remedy the latter, to coach the examinee on how to read and answer the bar exam questions, and in general to improve and maximize the examinee’s test-taking abilities.
See to it that the mock bars replicate the bar examination (that’s why they’re called mock bars) and that there is a series of mock bars and coaching sessions (not just one or two) so that there will be adequate feedback and performance monitoring.
Professor Mario Mainero, one of the foremost bar prep experts in the U.S., advises thus: “taking a practice exam under exam conditions is the best way to prepare for an exam. If you do not take them as actual run-throughs, your mind and body will not become used to taking law school [bar] exams, and you are more likely to freeze up or perform at a less-than-peak performance level.”[1]
Analyzing and answering bar exam questions is not a matter of gut feel or intuition. The examinee who thinks that it is enough to just read and attend lectures when preparing for the bar is taking a huge risk. A bar-exam coach or mentor would be most invaluable in helping the examinee acquire the necessary competencies for succeeding in the bar exam.
The new changes introduced in the bar exam format underscore the importance of coaching and training. The new format employs two kinds of questions: (1) essay or problem-type questions, and (2) multiple-choice questions (MCQs). Look for a coaching program that trains the examinee to handle both types of questions.
The high mortality rate in the bar examination is traceable to the sole or over-reliance on passive study and the absence or lack of training and practice on bar exam strategies and tactics. This matter has been raised as early as 1959 by Dean Wenceslao G. Laureta in the preface to his classic Secrets on How to Pass the Bar Examination (Rex Book Store, 1959 ed.)
Thus, it may be proper to remind the bar candidates some of the myths involved in the domain of bar examinations. Almost invariably the bar candidates have the mistaken belief that by – – (1) Attending the best law schools; (2) Listening to lectures of renowned bar reviewers during review classes; and (3) Memorizing the law or the rules of procedure, including doctrinal rulings will guarantee his passing the bar examinations.
Wrong.
There is no question that the above circumstances will help to enable the bar candidate pass the bar examinations. But the blooming secret in this regard is simply this: Present good answers that will make the examiner take notice. Good answers anchored upon logical reasoning, written in readable English and more importantly, justified by appropriate legal authority.
…
It would do well for the bar candidate to study carefully the manner in which answers are framed and the corresponding comments given. He will not fail to see why a given answer is poorly presented and the value of the corresponding remedy to improve it in a manner acceptable to the examiner. He must not make the tragic mistake of assuming that he knows all these things. He must supplement his reading by actual practice in answer framing. After all, one may know all the techniques on swimming which he can master from books on the subject, but until he jumps into the water, he will never learn to swim. [Emphases supplied]
Bar exam strategies and tactics is a nuanced field which cannot be acquired from merely reading books and listening to omnibus lectures. The services of a competent bar exam coach or mentor would be most helpful. A mock bar and coaching program is also in line with the recent pedagogical trend of shifting stress to “outcome-based education” from the conventional “input-based learning.”
The Supreme Court itself recognized the salient role played by mock bars and bar exam coaching. The Guidelines for the 2014 Bar recommend thus:
Practice Exams
A good practice for law schools/review classes to observe is to hold practice examination sessions with the Bar candidates, both on the Essay and the MCQ formats. In evaluating these practice exams, attention should be given to both the law and the Bar candidate’s presentation and use of English. In many instances, incorrect English is more serious as a problem than the lack of precise knowledge of law, and has been the cause of high failure rates. [Emphases supplied]
In line with the Supreme Court’s observation, Jurists has brought back the lecture “English for Bar Examinees” in order to train the bar examinees write in correct, readable, and concise English. This would be especially helpful for those who need improvement in their legal writing and English proficiency as the course would provide them with helpful tips in order to surmount their challenges.
FOCUS ON THE FUNDAMENTALS IN YOUR BAR REVIEW. The key is not really studying more but studying smart. It is simply impossible to read during the five months of review the entire code provisions of a law much less the texts or annotations thereon. Besides some code provisions and comments are unimportant for purposes of the bar and are seldom if ever asked in the bar.
During your review, you need to concentrate only on the primary review materials: a bar reviewer, the code provisions, and the bar review materials provided by the bar review center. In reading the code provisions, do not read the entire code but only those which are important. You know a code provision is important if it was discussed by your professor or bar review lecturer or mentioned in your bar reviewer.
A useful supplement to your reviewer is the Lex Pareto Notes written by Zigfred Diaz, Maria Patricia Katrina de Guia, Alrey Ouano, Louella Matsumoto, Ma. Salud Barillo, Danell Fernandez, Nolito Dayanan, and Helenytte Yu. This is a breakthrough work wherein the authors, applying the Pareto Principle to the field of bar exam review and forecasting, have found that approximately 80% of the bar exam questions are derived from 20% of the law. The authors have pinpointed this 20% of the law on which the reviewee should spend 80% of his study time thus optimizing the effectiveness of his review.
Many reviewees ask me if they should also read the survey of bar exam questions and answers published by the U.P. Law Center. My answer would be yes, but not as a primary review material but as a supplemental training material. You may from time to time pick some questions from the Q&A and then answer them without looking at the suggested answers. Needless to state the services of a certified bar exam coach to evaluate your answers and give written feedback is strongly advised as “self-coaching” has its drawbacks.
TAKE CARE OF YOUR HEALTH AND FITNESS. Remember to exercise daily or at least three times a week. Exercising improves blood circulation to the brain and makes one think more clearly. It also builds up one’s resistance to sickness and infection and improves one’s stamina. Remember that the bar exam is a grueling four-hour exam in the morning and another one in the afternoon. So I’m not greatly exaggerating when I say that it’s like training for a 20-K run.
Get enough sleep. At least six to seven hours sleep daily is advised. Lack of sleep will result in drowsiness and sluggishness when studying, aside from making you susceptible to sickness or fatigue.
Proper diet is often overlooked but it is of the utmost importance. Observe a balanced and healthy diet, not forgetting fruits and vegetables. Please take it easy on fast food especially instant noodles! (Well, from time to time fast food is alright but don’t make it your staple food). A diet which would send a cardiologist into fits is not likewise appropriate for a bar reviewee.
In fine take care of your health. Good health is the foundation of an outstanding bar review.
IMPROVE YOUR HANDWRITING. Handwriting is of capital importance in the essay exams. Your answers may all be logical and correct but if your handwriting is illegible all your hard work will go down the drain. If your handwriting is difficult to read, the examiner will most probably not take the time to decipher your booklet, taking into consideration that he has about five thousand other booklets to read.
You may think that your handwriting is legible when it’s actually not. Take a mock bar examination and show your booklet to another person and have him read it. You may be surprised to find that your handwriting is actually difficult to read. If that is the case, work on improving your handwriting.
DURING OCTOBER AND THE BAR EXAM
AVOID UNNECESSARY STRESS AND DISTRACTIONS. Some stress and nerves is unavoidable during the review and exam week and in fact helps to drive you harder in your studies. However undue and excessive stress and nerves is an enemy of the bar examinee as it results in lack of sleep and hinders proper thinking both while studying and taking the exam itself. If you feel that you are unduly stressed or worried, learn relaxation techniques like yoga and deep breathing. Prayer and meditation are powerful relaxation techniques.
Ignore useless distractions. Usually rumors of who the examiner is become widespread during this time and examinees worry themselves silly with the type of questions the rumored examiner usually asks and with obtaining notes and materials written by or about the rumored examiner. This is just a useless exercise which would distract you from doing what should be done: studying. All examiners are in the main bound by an unwritten law that their questions should be on the basics of the law and on significant jurisprudence. So just ignore the question of who the examiner might be and stick your nose to your review materials.
The bar exam month features the annual frenetic paper chase by bar examinees. Examinees go on a quest for the Holy Grail of the bar exams: the red or blue notes from San Beda or Ateneo or the UP notes. These notes are supposed to embody the answers or even “leaks” of bar exam questions. This is balderdash. I graduated from Ateneo and worked in the bar-ops. I know that the so-called blue notes are simply compilations of probable bar questions with answers prepared by law students with a little assistance from the faculty. While they are definitely helpful, you don’t have to wail and grind your teeth if you do not get them. What is contained in the blue notes is more often than not also in your bar reviewers and review materials.
One examinee spent a lot more time looking for notes, tips, and leaks rather than studying. He failed the bar five times and is now exploring career opportunities with the CIA.
GET ENOUGH SLEEP ON THE NIGHT BEFORE THE EXAM. This advice cannot be overemphasized. Adequate sleep makes the mind sharper and allows us to recall what we have studied with facility. So do not make the mistake of studying until the witching hour. The extra hours of study is not worth it if you find yourself sleepy and thinking sluggishly during the bar exam.
You should hit the sack by 9 p.m. Do not panic if you find that you are unable to sleep. Just relax and continue lying in bed, at least your body will be rested. But do not make the mistake of standing up and studying. In that case you will lack both sleep and rest, and the chances of a disaster are multiplied threefold. Ron de Vera slept for only an hour the night before the first Sunday exam and for only 30 minutes the night before the second Sunday exam of 2004. He placed second. (Lat et al., Bar Blues, p. 85). Of course I’m not saying that you get only an hour’s sleep if you want to place in the top ten, what I’m saying is that there is no need for you to call 911 if you find yourself unable to fall into the arms of Morpheus.
I advise against taking sleeping pills. They often have the side effect of muddling up your thinking. There was an examinee who, finding himself unable to sleep the night before the Civil Law exam, popped a sleeping pill. He was able to sleep all right, but the next day he found himself unable to distinguish between loco parentis and crazy momma.
REMEMBER TO FOLLOW INSTRUCTIONS. Before you start reading and answering the questions, take the time to first read and understand the instructions. Quite a few examinees in their eagerness go straight to reading and answering the questions without bothering to read the instructions. This could be disastrous. Keep in mind that there will be different instructions for the three types of exams.
NEVER LEAVE ANY QUESTION UNANSWERED. Even if you are clueless as to the answer to a question, give it your best try. Never leave any question unanswered. The examiner may feel slighted if you do not answer a question. He may think that you felt that the question was not properly crafted that is why did not answer it. Moreover a blank response will get you zero while giving it your best shot could net you 2 or 3 points which could spell the difference between flunking and passing.
In the MCQ exam, remember that a wrong answer will not result in a deduction. The MCQ exam does not follow the “right-minus-wrong” rule. Hence do not leave any MCQ unanswered, since you have at least a 25% chance of picking the correct answer.
MANAGE YOUR TIME WISELY. Many examinees spend too much time on the first part of the exam and thus find themselves rushing through the second part or worse running out of time and leaving some questions unanswered. Learn to pace yourself properly. Taking mock bar exams will help you learn how to pace yourself in a 18 to 20 question examination.
DO NOT BE FLUSTERED BY “SHOCK AND AWE” QUESTIONS. Those who took the 1991 Bar Examination (like me) will never forget the infamous first question in Political Law: “What is the writ of amparo? Discuss its constitutional basis.” Considering that almost all of us examinees could not tell the difference between this writ and Ms. Amparo Munoz, the question had the effect of a sneak punch to the solar plexus. I can still picture in my mind the bar exam room at MLQU, everyone was too flabbergasted to say anything but the shock could be seen in everyone’s faces.
I was not amused but on the contrary bemused. For about seven minutes, I just sat there, unable to think or write anything down. Eventually I was able to steady my nerves by thinking that if I found the question befuddling, quite a few others also probably did. I wrote down something about the writ having to do with the enforcement of civil rights and being of Latin American origin, which I vaguely remembered from some obscure news item in the Manila Bulletin about a speech of Chief Justice Marcelo Fernan.
Other “shock and awe” questions include one which asked who the current president of the International Court of Justice was, one which asked for the meaning of the acronym ACID (from a speech of Chief Justice Artemio V. Panganiban), and another which asked the examinee to define the Denicola test in intellectual property law.
Such kinds of questions are not really expected to be answered correctly by the majority of the examinees (and even law professors) but are meant more to test the resolve and fortitude of one who aspires to be a lawyer. Do not panic or lose hope if you do not know the answer to the question. Just give it your best try and proceed to the other questions.
AFTER THE EXAM
DO NOT DISCUSS THE ANSWERS TO THE QUESTIONS. After you have taken a bar exam in a particular subject, forget about it and concentrate on preparing and studying for the next bar exam subject. After all you cannot undo what you have already written. Avoid discussing the probable answers and avoid people who delight in discussing them. The time spent on arguing and discussing the probable answers is better spent relaxing and preparing for the next exam.
The bar exam is a formidable challenge but like any other hurdle it can be surmounted by assiduous planning and preparation. The following quote from Steve Nash, a player of less than imposing physical attributes but who went on to become one of the NBA all-time greats, is inspiring:
You have to rely on your preparation. You got to really be passionate and try to prepare more than anyone else, and put yourself in a position to succeed, and when the moment comes you got to enjoy, relax, breathe and rely on your preparation so that you can perform and not be anxious or filled with doubt.
When your moment comes, enjoy it!
January 2015
Read MoreTIPS AND ADVICE FOR THE MCQ BAR EXAMINEE
A seismic shift in the format of the bar examination is the forthcoming use of multiple-choice questions (MCQs) in the 2011 bar exam. This is patterned after the Multistate Bar Exam (MBE) given in the United States which consists of multiple-choice questions. The MCQ portion will be given a weight of 60% while the lawyering-skills essay part will be given a weight of 40%. In an MCQ, the bar examinee will be asked to pick the correct answer from among four choices or options.
Many bar reviewees are worried about the new format whose implementation was announced only last year. Bar reviewees and even law school professors are just coming to grips with the MCQ format. Some law school professors have even gone so far as to state that there is a state of panic among bar reviewees. Not helping any is the dearth of articles and materials on how to prepare for the new bar examination. Hopefully the following tips and advice will prove to be of some help to the reviewee as he prepares for the historic 2011 Bar Examination.
READ THE 2011 BAR EXAM MATERIALS PREPARED BY THESUPREME COURT.
The Supreme Court has prepared some materials or literature on the reformatted bar examination. These can be found on the Supreme Court website http://sc.judiciary.gov.ph. Most helpful is “Preparing for the 2011 Bar Exams and Beyond,” by the 2011 Bar Examination Chairman, Justice Roberto A. Abad.[1]
READ THE SYLLABUS PREPARED BY THE SUPREME COURT.
Read and use as a study guide the syllabus prepared by the Supreme Court. While the syllabus has been drawn up for the limited purpose of ensuring that bar reviews are guided on what basic and minimum amount of laws, doctrines, and principles they need to know and study, the syllabus should not be understood as an exclusive enumeration of what will be asked in the MCQ exam. For instance the latest or leading cases on a particular subject may not be expressly stated in the syllabus but a bar candidate is nonetheless expected to be familiar with these cases.
TAKE MOCK BAR EXAMS.
It would be foolhardy for a bar examinee to think that assiduous study and reading alone will suffice for him to pass the MCQ bar exam. This is because an MCQ exam, much more than the traditional-type bar exam, is a test not only of theoretical knowledge and analytical skills but also of the examinee’s test-taking ability and reflexes under grueling conditions and grinding time pressure. The mock bar exams must be designed to simulate the actual MCQ exam both as to condition, exam paraphernalia, and available time.
TRAIN AND IMPROVE YOUR TIME-MANAGEMENT SKILLS.
In the United States, the MBE consists of 200 MCQs to be answered in 6 hours. In the morning session of three hours, the examinee must answer 100 MCQs, while in the afternoon session he must contend with another 100 MCQs in 3 hours. This means that on average an examinee has 1 minute and 48 seconds for each question.
The 2011 Bar Examination has a different time format. On the first and third Sundays, the morning session will consist of a 2-hour MCQ exam (8 am to10 am) and a 1½-hour MCQ exam (10:30 am to 12 noon) while the afternoon session will consist of another 1½-hour MCQ exam (2 pm to 3:30 pm). Justice Roberto Abad has stated that 100 MCQs will be asked in the 2-hour exam, while75 MCQs will be asked in the 1½-hour MCQ exam. The average time needed to answer each question would then be only 1 minute and 12 seconds.
This means that on number of MCQs, allotted time, and average time for each MCQ, the MCQ portion of the Philippine bar will be considerably tougher than the U.S. MBE. For instance in the morning session, an American MBE examinee would have to contend with 100 MCQs in 3 hours at an average speed of 1 minute and 48 seconds per MCQ, while a Philippine bar examinee would have to grapple with 175 MCQs in 3½ hours at an average speed of 1 minute and 12 seconds per MCQ.
In the afternoon session, the MBE examinee would have to answer 100MCQs in 3 hours at an average speed of 1 minute and 48 seconds per MCQ. The Philippine examinee would have to contend with a lesser number of MCQ sat 75 but he would only have 1½ hours to do so for an average speed of 1 minute and 12 seconds per MCQ.
For one day, an MBE examinee would have to answer 200 questions in 6hours at an average clip of 1 minute and 48 seconds per MCQ, while a Philippine bar examinee is only given 5 hours to wrestle with 250 MCQs at a blitz pace of 1minute and 12 seconds per MCQ. It is like playing speed chess where lightning fast reflexes are required.
Thus for the 2011 MCQ portion of the bar examination it is imperative that an examinee undergo mock MCQ examinations in time-simulated conditions in order to hone his test-taking skills and his reflexes. Just being given an omnibus lecture or material on how to answer MCQs is not enough. It’s like telling a kid to read a book on how to swim and then throwing him into a deep swimming pool. And omnibus or group discussions of the mock bar exam results are of little help as each examinee has his or her own unique strengths and weaknesses. What counts is individualized coaching wherein the reviewee gets feedback and guidance on the results of his or her mock bar exam. Hence a reviewee should look for a review program where there is a series of mock MCQ exams and progress-monitoring and training by coaches in one-on-one sessions.
KNOW THE MCQ STRATEGIES & TACTICS.
A reviewee must know the strategies and tactics on how to read and answer MCQs. This strategies and tactics must be taught by competent bar exam coaches and drilled and ingrained into the reviewee’s system by a series of mock MCQ exams and one on-one coaching sessions so that the application thereof becomes instinctive and intuitive. It is important to spend time answering MCQs and drilling yourself in MCQ skills rather than just reading or viewing materials on how to answer MCQs. It would be foolish to think that one can get by through listening or reading material on “how to answer MCQs” and then expect that the examinee would be able to deploy these strategies and tactics instinctively come examination day. It’s like having soldiers view a video presentation on combat skills and then throwing them into battle. On the other hand, soldiers who not only have been taught combat skills but were well-drilled on these through combat exercises and war games, would perform splendidly in actual combat.
AN MCQ QUESTION HAS THE SAME WEIGHT AS ANOTHER MCQQUESTION. There are 3 types of MCQs: (1) know-and-recall MCQs, (2)MCQs which test the examinee’s understanding, and (3) analyze-and-solve MCQ. 20% of the MCQs will consists of know-and-recall MCQs, while 40% of the MCQs will consist of those which test understanding and another 40% will consist of know-and-recall MCQs.
Remember however that for grading purposes an MCQ question has the same weight as another MCQ question. One should not be misled into thinking that an analyze-and-solve MCQ will have a grading weight twice that of a simple know-and-recall MCQs. The percentages refer to the composition of the MCQ as a whole, not to the grading weight to be given to the MCQs. Hence when pressed for time, the examinee should give priority to answering the easier know and-recall MCQs.
GO FOR AT LEAST 65% RAW SCORE EQUIVALENT.
The raw score is simply the number of questions you answered correctly. In an MCQ exam, go fora raw score equivalent to at least 65%. For instance in a 100-MCQ exam, go fora raw sore of at least 65, while in a 75-MCQ exam go for a raw score of at least 49.
In MCQ exams for other licensure examinations (such as in the nursing licensure examination) as well as in the MBE, the standard practice is to scale or adjust the score, that is to add a certain number of points to the raw score. The reason is that it is difficult to get a raw score equivalent to 75% of the total MCQs.
For instance in a 100-MCQ exam, the examiner after tabulating and analyzing the raw scores and determining the degree of difficulty of the exam, may decide to add 10 points to the raw score. Hence if an examinee got a raw score of 65 in a 100-MCQ exam, his scaled score would be 75, which is equivalent to the passing percentage of 75%.
If the examiner decides that the exam is especially difficult, he may decide to add 20 points to the raw score in which case a 55 raw score would be passing. But do not count on this. Even if you think the exam was very difficult and you got a 55 but the examiner determines that the desirable passing average was 60 and decides to add only 15 points to the raw score, your scaled score would only be70 which would not be enough to make the grade.
ANALYZE THE REASON WHY YOU PICKED THE WRONG CHOICES.
Once you have gotten your corrected mock bar exams back, go to your wrong answers and analyze why you picked the wrong choices. Was it because you were seduced by a distractor? Was it because you assumed a fact or facts? Was it because you did not spot the issue, or you spotted the wrong issue? Or was it because your choice was not responsive to the question? In this regard, a bar exam coach would be helpful in spotting recurring faults in your wrong answers and rectifying those faults.
NEVER LEAVE A BLANK.
Remember that a wrong answer will not result in a deduction. The MCQ exam does not follow the “right-minus-wrong “rule. Hence do not leave any MCQ unanswered since you have at least a 25%chance of picking the correct answer.
DO NOT RELY ON PURE GUESSWORK. Just because you have a 25%chance even if you do pure guesswork does not mean that you should just throw arts. Even if you do not know the correct answer, there are MCQ strategies and tactics which can improve the odds to 1 out of 2 (50%) or at least 1 out of 3(33.33%). Learn these MCQ strategies and tactics, apply them in your mock bars with the help of coaches and greatly improve the odds in your favor.
REMEMBER THAT YOU HAVE TO PICK THE CORRECT NOT THEBEST ANSWER.
For the 2011 bar examination at least, you will not be asked an MCQ which will require you to pick the best answer. An MCQ which asks you to choose the best answer is much more difficult to answer than an MCQ which asks you to pick the correct answer. Since the 2011 Bar Examination will be the maiden MCQ bar exam, Justice Roberto A. Abad felt that the MCQs should be limited to those asking for the correct answer.
KNOW YOUR ENEMY.
Your “enemy” is the bar examiner. He will not just lie down and allow you to walk all over him by framing give-away MCQs. He is the doorkeeper to the legal profession and his objective is to see to it that only those with the necessary legal training and skills are admitted to the bar lest incompetents wreak havoc upon the public. Hence the framing of challenging and, let us be frank about it, difficult MCQs is a matter not only of scholarly pride but of public interest. Thus even though he may not want to put it in these terms, the examiner will be out to frame MCQs which will challenge, bemuse, and even trick you. He will employ various strategies and tactics to achieve these ends. Knowledge of these strategies and tactics will help the examinee to avoid choosing a wrong option.
In this regard, among the weapons in the arsenal of the examiner is the distractor. A distractor is designed to draw the examinee’s attention away from the correct option. There are two kinds of distractors: decoys and foils. A decoy[2] is an option crafted to draw the examinee’s attention to it, while a foil is an option designed to deflect or divert the examinee’s attention to another option.[3] Just knowing what decoys and foils are is not enough. You must meet them in open combat and learn how to fight and overcome them. In the mock bar examinations, your coach will train you how to recognize decoys and foils and how to avoid being waylaid by them.
BE PREPARED. Benjamin Franklin said that by failing to prepare, you are preparing to fail. The Supreme Court has introduced major changes to the bar examination and the 2011 bar examinee has to reconfigure and reprogram the way he prepares and trains for the bar exam. Ignoring these changes and sticking to the traditional passive methods of bar review and preparation is an invitation to disaster. On the other hand, a proactive bar review and coaching program will significantly enhance the examinee’s chance of landing in the history books by becoming one of the pioneer passers of the new MCQ and lawyering-skills essay bar exam.
[1] One can also read my article, “Major Changes in the Bar Examination: Their Impact on Bar Review and Coaching,” which can be accessed at www.juristsbar.com.ph.
[2] A decoy or seducer is more commonly known as a “distractor.” I prefer to use the terms “decoy” and
“foil” in order to distinguish between the two kinds of distractors.
[3] See Michael Josepheson, Evaluation & Grading in Law School, AALS Section on Teaching (1984). The
term “foil” reminds me of the aluminum foil strips dropped by WWII Allied bombers to deflect German
radar.
ENROLLMENT FOR JURISTS CLASSIC CLOSES AT 31 MAY 2016, 11:59 PM
The registration book for Jurists Classic closes at 31 May 2016, 11:59 pm. Jurists Classic has already reached the desired number of enrollees and in order to maintain our desired coach-to-coachee ratio, we are constrained to decline further applications to Jurists Classic. Payments received after 11:59 pm of 31 May 2016 shall not be accepted and shall be returned to or held in trust for the applicants. We beg your understanding in this regard.
Read MoreJURISTS BAR CANDIDATES OUTPERFORM IN ARDUOUS 2014 BAR
Kudos to the Jurists bar candidates for their tour de force in the über-tough 2014 bar examinations. The 2014 bar exams was one of the most rigorous and challenging bar exams in history, characterized by numerous essay questions under grinding time pressure and strict marking of the examination booklets. Of the 5,984 examinees who completed all eight exams, a scant 1,126 made the grade for a pass rate of 18.82%, one of the lowest in history.
The formidable nature of the 2014 bar may be gleaned from reports that the elite Top 3, Ateneo, San Beda, and U.P., obtained over-all pass rates of only 50%-60% when they had been accustomed to 80%-90% pass rates, and that many of the best and the brightest of these schools — top-ranked, honor students – fell by the wayside.
Team Jurists took up the gauntlet with 93 Jurists bar candidates slaying the bar exam dragon for a 35.91% pass rate, soundly thrashing the national pass rate. For those who followed the Jurists training program with fidelity, the pass rate was a notable 61.15%.
Team Jurists’ outperformance was further burnished by the feat of two Jurists candidates who landed in the top ten: Jose Angelo A. David and Adrian F. Aumentado, both of San Beda, copping the 6thand 7th places respectively.
Hail to the new Jurists lawyers! Jurists is proud of each and every one of you. See you on the first day of Jurists’ Season 11 on 23 May at Madison Tower, 1 Madison St. cor. Aurora Blvd., New Manila, Quezon City.
Read MoreJURISTS HAS A NEW VENUE
For the 2014 bar review and coaching season, Jurists Bar Review Center has moved to its new home at Madison 101 located at 1 Madison St. corner Aurora Boulevard, New Manila, Quezon City. Madison 101 is a spanking new building especially designed for reviewee-dormers, featuring on-site amenities such as air-conditioned dorms, study areas, canteen, laundry, and photocopying services. There is free Wifi for dormers as well as for Jurists reviewees.
Madison 101 is easily accessible by public transportation. It is a short walk away from the LRT 2 Gilmore Station and hence can be reached from any LRT 1 and 2 station, including the Recto and Legarda stations in the U Belt which are just a few minutes’ train ride from the Gilmore Station. Madison 101 can also be reached via the MRT 3 which connects with the LRT 2 via the Cubao station. Jeepneys going to and from Quiapo and Cubao ply Aurora Boulevard.
Nearby are Save More Supermarket, Broadway Centrum, and Robinsons Magnolia, as well as major banks and Western Union (inside Broadway Centrum).
For more information about Madison 101 visit www.madison101.com.ph.
Read More