YOU WERE LOOKING FOR: Sample Bar Exam Answers Philippines
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Below is a guide that can help law students surpass the Bar. Read and follow the instructions Most Bar takers tend to go through the questions right away after being handed the questionnaires and having a go signal to start the exams. This, according to most professors and lawyers, is the common mistake of those who took the previous Bar exams. Given the fact that each Bar examiner has a specific set of instructions for their respective exams, bar examinees should read the instructions first. Reading the instructions carefully is important in the two-examiner-per-subject Bar Exam format as every subject for the examination is checked by two examiners who made two separate sets of exams. This means that an examinee will be having two booklets for two sets of the exam. As such, even if there are remaining spaces in the first booklet, the examinee is required to move to the second booklet for the second part.
Manage your team effectively with monday. Most Bar questions have tricky facts that branch out to legal problems which will make law students think critically and exhaust them all the way. However, most of the time, the questions posed are simple. By reading the question first, students will be able to read and understand the set of facts given in a legal problem. They can filter out unnecessary facts that will only confuse them.
Check for the keywords within the facts and the questions A legal problem in the Bar exam will always hand in something to every examinee. Whether it be a word, a phrase, or even a legal provision, takers must consider the same and determine whether or not it is relevant to the answer they have in mind. For example, one is confronted with a Criminal Law question and a crime was given in the facts. The examinee is then expected to cross-refer the same to the legal elements of the crime. Are the elements of the crime present?
Is one or more lacking? If so, what? With this, a Bar taker could answer in a manner that is accorded with a legal basis and the like. Bar examiners always want a neatly-submitted booklet when they are checking the same. Also, takers must write clearly. Grammatical errors may affect the grades an examiner may give to a taker. It must always be remembered that the Bar exam, first and foremost, is an English exam that requires mastery of the language as well. To those having a hard time on how to come up with a well-crafted answer in the Bar, let us revisit the said method. Most questions will ask whether or not the contention of a party is correct.
YES, the contention of the petitioner is correct. One must take note however that while there may be a lot of possible answers considering the exceptions and the exceptions to the latter as well, remember that there is only one issue in the legal question in which the examiner would like to be answered. In short, do not complicate the answers and simplify them as much as possible. Here, correlation and cross-referencing to the facts as well as the question comes to play. This is the portion in which takers can further expound on their answer aside from the given legal basis. It serves as the point referring to the end of your answer. Sample Answer: NO, the contention of X is incorrect. According to the Revised Penal Code, the elements of self-defense as a justifying circumstance are as follows: unlawful aggression; the reasonable necessity of the means employed to prevent or repel it, and; lack of sufficient provocation on the part of the person defending himself.
In this case, the second element is lacking. Shooting an aggressor multiple times at the back, according to jurisprudence, is not within reasonable means to prevent or repel an attack. Hence, X cannot use self-defense to be exculpated of the crime charged. As shown in the given example, the KISS method was also applied. Given the number of Bar takers in the country, examiners only have a very limited time in checking every booklet. Bar takers should know how to answer shortly yet so concise that all the issues in the legal problem are answered with just a couple of sentences.
While there is only ample time left in studying for eight subjects for a couple of months, how to answer Bar exam questions must already be given importance. Being compressed into five easy steps, may this guide serve as a simple yet handy reminder to all the Bar takers for this year and the years to come as well.
ALX is a scientist honored for work related to the human genome project. Under corporate sponsorship, he helped develop a microbe that ate and digested oil spills in the sea. Now he leads a college team for cancer research in MSS State. The team has experimented on a mouse whose body cells replicate and bear cancerous tumor.
However, there is a doubt whether local property laws and ethics would allow rights of exclusive ownership on any life-form. ALX needs your advice: a. Section 3 of R. The principle involved is the most-favored nation clause which is the principle of non-discrimination. The protection afforded to intellectual property protection in the Philippines also applies to other members of the WTO.
Thus, it is not really reciprocity principle in private international law that applies, but the most-favored nation clause under public international law. What will be your advice to him? Among those excluded from patent protection are "plant varieties or animal breeds, or essentially biological process for the production of plants and animals" Section The "oncomouse" in the problem is not an essentially biological process for the production of animals. It is a real invention because its body cells do not naturally occur in nature but are the product of man's ingenuity, intellect and industry. The breeding of oncomouse has novelty, inventive step and industrial application. These are the three requisites of patentability. ADX and his college team cannot be given exclusive ownership over their invention. The use of such genetically modified mouse, useful for cancer research, outweighs considerations for animal rights.
There are no legal and ethical reasons that would frustrate Dr. ALX's claim of exclusive ownership over "oncomouse". Animals are property capable of being appropriated and owned'. In fact, one can own pet dogs or cats, or any other animal. If wild animals are capable of being owned, with more reason animals technologically enhanced or corrupted by man's invention or industry are susceptible to exclusive ownership by the inventor. Neither may it fall within the ambit of the term "manufacture" which usually implies a non-living mechanistic product. The oncomouse is better regarded as a "discovery" which is the common patrimony of man. Hence, cannot be owned exclusively by its inventor.
It is a method for the treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on said bodies are not patentable under Sec. DL commissioned them to paint a mural at the main lobby of his new hospital for children. Both agreed to collaborate on the project for a total fee of two million pesos to be equally divided between them. It was also agreed that Dr. DL had to provide all the materials for the painting and pay for the wages of technicians and laborers needed for the work on the project.
Under the law on intellectual property, who will own the mural? Who will own the copyright in the mural? Accordingly, the mural belongs to DL. However, BR and CT own the copyright, since there is no stipulation to the contrary. Cesar is quite innovative and loves to tinker with things. With the materials and parts of the car, he was able to invent a gas-saving device that will enable cars to consume less gas. Francis, a co-worker saw how Cesar created the device and likewise came up with a similar gadget, also using scrap materials and spare parts of the company. Thereafter, Francis an application for registration of his device with the Bureau of Patents.
Is the gas-saving device patentable? Assuming that it is patentable, who is entitled to the patent? What if any is the remedy of the losing party c. Supposing Joab got wind of the inventions of his employees and also laid a claim to the patents. Asserting that cesar and francis where using materials and company time in making the devices will his claim prevail over those of his employees? It is patentable because it is new. It involves an inventive step and its industry applicable Sec 21 IPC b. Francis is entitled to patent, because he has earlier filing date sec 29 IPC. The remedy of Cesar is to file a petition in court for the cancellation of the patent of Francis on the ground that he is the true and actual inventor and ask for substitution as patentee sec IPC c.
The claim of Joab will not prevail over those of his employees, even if they used his materials and company time in making the gas-saving device. Under section Under Sec When Greg, the controller of the service facility, found out their identities, he kept a copy of all the messages Diana and Piolo sent each other and published them. Is Greg liable for copyright infringement? Reason briefly. Letter are among the works which are protected from the moment of their creation Section ,intellectual Property Code; Columbia Pictures, Inc. The publication of the letters without the consent of their writers constitutes infringement of copyright.
There is no copyright protecting electronic documents. What are involved here are text messages, not letter in their ordinary sense. Hence, the protection under the copyright law does not extend to text messages Section, Intellectual Property Code. The messages that Diana and Piolo exchanged through the use of messaging service do not constitute literary and artistic works under Section of the Intellectual Property Code. They are not letter under Section d. Whether the messages are entitled or not to copyright protection would have to be resolved in the light of the provision of the Intellectual Property Code. Note: Since the law on this matter is not clear, it is suggested that either of the above of the above suggested answers should be given full credit. The single was produced by a California record company, Galactic Records. Many notice that some passages from Warm Warm Honey sounded eerily similar to parts of Under Hassle, a hit song by the British rock and Majesty.
It was later settled out of court, with Majesty receiving attribution as co-author of Warm Warm Honey as well as a share in the royalties. Prior to the release of Astig!. Mocha Warm learns of the remixed Warm Warm Honey and demands that he be publicly identified as the author of the remixed song is all the CD covers and publicity releases of Planet Films. Who are the parties or entities entitled to be credited as author of the remixed Warm Warm Honey?
Reason out your answers. Which respect to DJ Chef Jean, in spite of his death, and although he was commissioned by Planet Films for the remix, the rule is that the person who so commissioned work shall have ownership of the work, but copyright thereto shall remain with creator, unless there is a written stipulation to the contrary. Even if no copyright exist in favor ofpoet John Blake, intellectual integrity requires that the authors of creative work should properly be credited. Who are the particular parties or entities who exercise copyright over there mixed Warm Warm Honey? In the case of Galactic Records, it bought the economic rights of Mocha Warm. In the case of Planet Films, it commissioned the remixed work. Eloise was to be paid P1, for each column that was published. In the course of two months, Eloise submitted three columns which, after some slight editing, were printed in the newspaper.
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