Lex Rex Ph

Phrases for Answering Law School Exams

Below are phrases I have compiled from different cases which may be used in answering law school exams.

Intro

“that thing is a microcosm / emblematic of a broader issue”

“X’s pretension that xxx is outrageous”

“it is troubling that…”

Law

“It is a cardinal rule that the…”

“In a series of uninterrupted decisions before and after the promulgation of the Civil Code, the doctrine has been established that all ….”

“The law in point is Article XXXX”

“Anent (concerning) the issue of…”

The issue brings under the microscope the meaning of section X, Article X of the Constitution which provides: “xxxxxxxx”

“it has been established”

The law does not say “xxxxxx.” Hence, the act contemplated in this article is either….

“such [act] is predicated”

“such [act] is protected under”

“such [act] is sanctioned under”

“the [facts] in this case is what is envisaged in Article XXX which provides that …”

“the Court had an occasion to decide on a case analogous to this one…”

Constitutional Law Ways

“exercise of…”

“the contours of this right…”

“crusaded against”

“to safeguard the [individual right] against unwanted interference of the State”

“should strike down as unconstitutional without hesitation.”

Justice Ynares-Santiago: “It is better to acquit a guilty man than to convict an innocent man.” (Benito Astorga vs. People)

“Such [act] Mmst not be allowed to thwart the constitutional mandate..”

Criminal Law Ways

In elements, “the offender must be…”

“should the contention of the accused be sustained, his very crime would be the shield that would protect him from punishment.”

“the facts do not sustain a conviction of”

– Crimes of [crimes] are absorbed in the crime of [crime] if committed in furtherance of _[crime]__.

– Since (lesser crime) is an indespensable means to commit (greater crime), the latter absorbs the former.

Apply Law to Facts

“It is beyond cavil (whining)…”

“X’s reliance on [case or law provision] is misplaced…”

“At the risk of being repetitive, it bears stressing that ([quote a legal principle even without the article number] lawyers, as first and foremost officers of the court, must never behave in such a way that would diminish the sanctity and dignity of the courts even when confronted with rudeness and insolence.”)

“in the absence of factual foundation…” (Morfe v. Mutuc)

“Here it is clear that [act that violated or complied with the law]; consequently, [re-emphasize the violation or compliance].”

Enumerating from facts

“In the first place…” “In the second place…”

Furthermore,…”

Logical Reasoning

“His allegation defies logic…”

“The applicable principles rest upon the same foundation of reason and common sense.”

“Should the contention of X be sustained, his violation would be the shield that would protect him from sanctions.”

“These facts militate against her claim”

“it would be illogical, unreasonable or absurd if [give absurd situation]”

“it would be contradictory if”

“when the law speaks of [law], it only speaks of [reasoning]. And besides, [further argument].”

“Furthermore, if [an absurd situation] is valid, by parity of reasoning, a [resulting proven invalid situation]. This situation would be juridically absurd.”

“Some details would creep into legislative enactments at times that it would be absurd to suppose that the lawmaker could have attached the [idea being rebutted].”

Conclusion

“Such a solution would be immoral or contrary to public policy.”

“has only itself to blame”

“so she is duty bound”

To (act) It will be an assault against the ends of justice, promote the ends of, would not serve the interests of [purpose of the Constitution]

We are not persuaded that [proposed fact]: In the first place… In the second place…

There is an absence of factual evidence to rebut the presumption of validity / there is evidence to rebut the presumption of validity.

[defendant’s action/pretension/ratiocination] will not justify disregarding what is clearly [stronger evidence].

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