When asked to distinguish concepts; 5 bar exam tips


In answering questions during the bar examination or during law school examinations, keep in mind the following tips by Atty. Tatad, Jr. (Rephrased to fit the flow of discussion.)

When being asked to DISTINGUISH, do not state the definition of the concepts. If you give their definition, you are in effect asking the examiner to extract out the differences of the two [or more] from your definition. Also, do not give their similarities. You are asked to differentiate and contrast, so similarities are not included (a tip learned by Atty. Tatad, Jr. from his professor in Civil Law Review I, Atty. Virgilio Gesmundo).

The number of distinctions (or aspects of difference you should give) must be proportional to the points allotted for such. If the question is only worth two points, there is no need to give eight distinctions. The examiner cannot give you eight points for that.
SAME QUESTION THE 2007 BAR EXAM ON CIVIL LAW; ITEM #1

Distinguish the following concepts:

a. Occupation v. possession. (5%)
b. Illegal and impossible conditions in a simple donation v. illegal and impossible conditions in an onerous donation. (5%)

PATTERNS TO USE WHEN DISTINGUISHING CONCEPTS

[1] The (i.e. two) may be distinguished from each other in the followings ways: XXX, YYY and ZZZ.
[2] In the first, it is necessary that there be XXX, whereas in the second it is sufficient that there be YYY.
[3] In the former, XXX while in the latter YYY.
[4] The former requires XXX while the latter YYY.
[5] XXX applies to YYY. On the other hand, ZZZ applies to AAA.

SOURCE: TECHNIQUES IN ANSWERING BAR QUESTIONS BY ATTY. REY TATAD, JR; https://www.facebook.com/attyiwillbe/posts/848575985328253