Found 1924 results for: 2008 Bar Exam Questions And Suggested Answers
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If a case involving the validity of the treaty abrogation is brought to theSupreme Court, how should it be resolved? However, treaties become part of the law of the land through transformation pursuant to Art. VII, Sec. Assuming in the present case...
Found: 24 May 2021 | Rating: 99/100
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Thereafter, NHA sold all the properties it has thus far acquired to a private realty company for redevelopment. Thus, the NHA initiated expropriation proceedings against the store owner who protested that his property could not be taken because it...
Found: 24 May 2021 | Rating: 99/100
2010 Bar Exam Questions And Suggested Answers In POLITICAL LAW By The UP Law Center
As a rule, a search or arrest is illegal if it is not under authority of a warrant. Whether or not the case falls under the exceptions to the requirement of a warrant, the prosecution has the burden to prove the same. The custodial rights of the accused were also violated because at the time the police officers questioned him about the capsules, he was already effectively under their control and custody.
Found: 21 Apr 2021 | Rating: 88/100
3 Bar Exam Sample Questions To Study
There was no showing that the accused was even read his rights under the Miranda Doctrine. And finally, the use of an emetic solution by the doctor at the direction of the police officers against the will of the accused, amounted to the use of force that vitiated his free will. The court should decide in favour of the accused. The police officers were not armed with either a search warrant or a warrant of arrest when they entered. None of the recognized exceptions are present. The accused was not in flagrante delicto when they caught him. There was no urgency and the police officers had no personal knowledge of the facts and circumstances of the commission of the crime, having only received a tip from an anonymous source.
Found: 25 Apr 2021 | Rating: 93/100
Suggested Answers In 2021 Bar Examinations Questions
As to the search, it is invalid. The police officers had no business to be where they were when they made the search. Even if there was prior valid intrusion, the seizure could not be justified as "plain view" because the illegal nature of the capsules was not immediately apparent People vs. Go, G. Neither is the case one for search incidental to a lawful arrest.
Found: 18 Apr 2021 | Rating: 87/100
2008 Legal Ethics And Practical Exercises Bar Questions
The arrest is not lawful in this case because the police officers were neither armed with a warrant nor is it one covered under a valid warrantless arrest. Such being the case, all evidence obtained by the illegal search is inadmissible in evidence. It prohibits beards, goatees and waistlines over 38 inches, except for medical reason. Some police officers questioned the validity of the circular, claiming that it violated their right to liberty under the Constitution. Resolve the controversy. There are two kinds of due process — procedural and substantive. The circular in the present case violates the second kind. The requisites of substantive due process are: 1 it must be for the purpose of general welfare; and 2 the means used to enforce it must be reasonably necessary to accomplish the purpose.
Found: 9 Apr 2021 | Rating: 88/100
2008 LEGAL-ETHICS-BAR-EXAM-with-suggested-answers
In the given situation, the circular is justified because its purpose is to ensure that police officers are fit and proper to perform their duties and efficiently. However, a law must not only have a lawful subject, the means used must also be lawful. In the given case, the circular tries to address the problem of physical fitness of PNP members by prohibiting waistlines over 38 inches, except for medical reasons. The implication is that members must start taking care of their body through exercise and proper diet. There is no problem with this. However, the prohibition of beards and goatees is another matter. There is no causal connection between the means used — the prohibition of beards and goatees — and the purpose of the law — to improve the police force.
Found: 4 Apr 2021 | Rating: 86/100
Having a beard or a goatee has nothing at all to do with the task of a policeman to enforce the law. Is JC entitled to bail? Why or why not? Assume that upon being arraigned, JC entered a plea of guilty and was allowed to present evidence to prove mitigating circumstances. JC then testified to the effect that he stabbed the deceased in self-defense because the latter was strangling him and that he voluntarily surrendered to the authorities. Subsequently, the trial court rendered a decision acquitting JC. Would an appeal by the prosecution from the decision of acquittal violate JC's right against double jeopardy? Under the Constitution, all persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable Sec. For as long as the person is under custody of law or is otherwise deprived of his liberty, this right is available. In this instance, JC has the right to put up bail and it is just up to the court to determine whether the evidence of guilt is strong, in which case a hearing is needed and the prosecution must be allowed to present its evidence.
Found: 3 Apr 2021 | Rating: 88/100
2008 Q & A For Bar Exams In Criminal Law
There is double jeopardy when 1 there is a first jeopardy which is 2 terminated either by conviction, acquittal or dismissal other than upon the merits without the express consent of the accused and 3 there is a second jeopardy for the same offense. The requisites for first jeopardy to attach are as follows: 1 valid complaint and information 2 court of competent jurisdiction 3 arraignment and valid plea All the requisites of first jeopardy are present in the given situation. Proving self-defense later on in the trial did not negate the validity of his plea. The fact remains that there was a plea of guilty validly entered and it was not deemed withdrawn by proving self-defense. The case was terminated by a judgment of acquittal. An appeal by the prosecution therefore would constitute a double jeopardy.
Found: 24 Apr 2021 | Rating: 89/100
2021 Bar Questions And Answers In Political Law
Subsequently, ST filed a petition for executive clemency with the Office of the President. The Executive Secretary, acting on said petition issued a resolution granting ST executive clemency. Is the grant of executive clemency valid? While the grant of executive clemency to any person is discretionary upon the President, this power being an executive prerogative, such power cannot be deemed to include even administrative cases involving members of the judiciary, in view of the Doctrine of Separation of Powers. After being proclaimed Vice-Governor in the elections, his opponent, Khalil, filed an election protest before the Commission on Election. Ruling with finalty on the protest, the COMELEC declared Khalil as the duly elected Vice-Governor though the decision was promulgated only in , when Abdul had fully served his term and was in fact already on his term as Vice Governor.
Found: 4 Apr 2021 | Rating: 86/100
Abdul now consults you if the can still run for Vice-Governor of Tawi-Tawi in the forthcoming May election on the premise that he could not be considered as having served as Vice-Governor from because he was not duly elected to the post, as he assumed office merely as a presumptive winner and that presumption was later overturned when COMELEC decided with finality that had lost in the May elections. What will be your advice? Abdul also consults you whether his political party can validly nominate his wife as subtitute candidate for Vice-Mayor of Tawi-Tawi in May elections in case the COMELEC disqualifies him and denies due course to or cancels his certificate of candidacy in view of a false material representation therein. I will advise Abdul that he can no longer run for Vice-Governor of Tawi-Tawi because to do so would violate the three-term limit under the Constitution. His continuous exercise of the functions thereof, from start to finish of the term, should legally be taken as service for a full term in contemplation of the three-term rule, notwithstanding the subsequent nullification of his proclamation.
Found: 10 Apr 2021 | Rating: 93/100
Bar Examination Preparation: Overview
Alegre, G. I will advise him that his political party cannot validly nominate his wife as a substitute candidate. There is no rule allowing substitution where a candidate is excluded not only by disqualification but also by denial and cancellation of his certificate of candidacy.
Found: 1 Apr 2021 | Rating: 92/100
Exam Questions & Answers Archive | Maryland Courts
Believing that her husband had died, Ana married Adolf Cruz Staedtler, a divorced German national born of a German father and a Filipino mother residing in Stuttgart. To avoid being reqiured to submit the required certificate of capacity to marry from the German Embassy in Manila, Adolf stated in the application for marriage license that he was a Filipino citizen.
Found: 6 Apr 2021 | Rating: 91/100
Tax1 Bar Questions | Tax1project
With the marriage license stating that Adolf was a Filipino, the couple got married in a ceremony officiated by the Parish Priest of Calamba, Laguna in a beach in Nasugbu, Batangas, as the local parish priest refused to solemnize marriages except in his church. Is the marriage valid? Explain fully. She insured her own life and named her unborn child as her sole beneficiary. When she was already due to give birth, she and her boyfriend Pietro, the father of her unboarn child, were kidnapped in a resort in Bataan where they were vacationing. The military gave chase and after one week, they were found in an abandoned hut in Cavite. Marian and Pietro were hacked with bolos. Marian and the baby delivered were both found dead, with the baby's umbilical cord already cut. Pietro survived. Can Marian's baby be the beneficiary of the insurance taken on the life of the mother?
Found: 3 Apr 2021 | Rating: 85/100
When Roderick was 18 and Faye, 16 years old, they started to live together as husband and wife without the benefit of marriage. When Faye reached 18 years of age, her parents forcibly took her back and arranged for her marriage to Brad. Although Faye lived with Brad after the marriage, Roderick continued to regularly visit Faye while Brad was away at work. During their marriage, Faye gave birth to a baby girl, Laica. When Faye was 25 years old, Brad discovered her continued liason with Roderick and in one of their heated arguments, Faye shot Brad to death. She lost no time in marrying her true love Roderick, without a marriage license, claiming that they have been continuosly cohabiting for more than 5 years. Was the marriage of Roderick and Faye valid? While Andy was single at the time, Aimee was still in the process of securing a judicial declaration of nullity on her marriage to her ex-husband. Gianna's birth certificate, which was signed by both Andy and Aimee, registered the status of Gianna as "legitimate", her surname carrying that of Andy's and that her parents were married to each other.
Found: 6 Apr 2021 | Rating: 85/100
His first relationship with Brenda produced a daughter, Amy, now 30 years old. His second, with Carla, produced two sons: Jon and Ryan. His third, with Donna, bore him no children although Elena has a daughter Jane, from a previous relationship. His last, with Fe, produced no biological children but they informally adopted without court proceedings, Sandy's now 13 years old, whom they consider as their own. Sandy was orphaned as a baby and was entrusted to them by the midwife who attended to Sandy's birth. All the children, including Amy, now live with andrew in his house. Is there any legal obstacle to the legal adoption of Amy by Andrew? To the legal adoption of Sandy by Andrew and Elena? He is survived by his wife and 4 children. After settlement of Alex's estate and partition among the heirs, it was discovered that Bobby's house was constructed on the portion allocated to his sister, Cathy asked Bobby to demolish his house and vacate the portion alloted to her.
Found: 11 Apr 2021 | Rating: 90/100
Past Virginia Bar Exams | William & Mary Law School
Can Anthony acquire ownership of the property by acquisitive prescription? How many more years does he have possess it to acquire ownership? While digging on the lot in order to lay down the foudation of the house, Adam hit a very hard object. It turned out to be the vault of the old Banco de las Islas Filipinas. Using a detonation device, Adam was able to open the vault containing old notes and coins which were in circulation during the Spanish era. While the notes and coins are no longer legal tender, they were valued at P million because of their historical value and the coins silver nickel content. The following filed legal claims over the notes and coins: Adam, as finder; Blas, as owner of the property where they were found; Bank of the Philippine Islands, as successor-in-interest of the owner of the vault; and The Philippine Government because of their historical value.
Found: 14 Apr 2021 | Rating: 92/100
Who owns the notes and coins? At certain times of the year, the river would swell and as the water recedes, soil, rocks and other materials are deposited on Jessica's and Jenny's properties. This pattern of the river swelling, receding and depositing soil and other materials being deposited on the neighbors' properties have gone on for many years.
Found: 25 Apr 2021 | Rating: 86/100
Suggested Answers In Bar Examinations Questions - PDF Free Download
The attestation clause stated the will was signed on the same occasion by Arthur and his instrumental witnesses who all signed in the presence of each other, and the notary public who notarized the will. There are no marginal signatures or pagination appearing on any of the 3 pages. Upon his death, it was discovered that apart from the house and lot, he had a P 1 million account deposited with ABC bank. Was Erica preterited? During their marriage the couple acquired substanial landholdings in London and in Makati.
Found: 13 Apr 2021 | Rating: 90/100
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