3 paragraph rule

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Three (3) Paragraph Rule in answering legal problems. Credit to blog

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The three-paragraph rule is the traditional method of answering legal essay questions. As to its form, it is favored by many bar examiners and law professors because of its logical and eye-friendly presentation of answer and by law students and bar examinees because it provides more leeway for a more exhaustive discussion of answer.The first paragraph should contain affirmative or negative or qualifying statement of the question; e.g.1. Yes, the contention of the plaintiff is correct;2. No, the motion to dismiss filed by the defendant is not proper;3. The answer to the question requires qualificationThe answer must be qualified etc.The second paragraph should contain the legal basis which can be specific provision of a law, jurisprudence or authoritative opinion or commentary of well-known jurists; e.g.1. Article 1 of the 1987 Constitution provides that the national territory2. In the case of Cayetano vs. Monsod, practice of law has been defined as3. According to Justice Paras in his discussion on hidden treasure, by chance means by good luck etc.If you dont know or simply dont like memorizing the specific legal bases, just use the general reference thereto and paraphrase their very gist or essence 1. Under the law; Under the Constitution, the judicial power is vested in the Supreme Court and in such lower courts as provided by law;2. Well-settled in our jurisprudence; The Supreme Court has ruled; In a case decided by the Supreme, it has been held that procreation is an essential marital obligation3. Well-settled is the rule that ignorance of law and ignorance of fact are two different conceptsThe third paragraph should contain your application of your legal basis/bases to the the facts of the case and your last last/closing sentence should be the restatement of your affirmative or negative or qualifying statement contained in the first paragraph. e.g. Here/ Herein/ In this case/ In the given set of facts, the loan entered into by A with B has been reduced into writing but no interest has been expressly stipulated therein. Since the aforementioned law provides that payment of interest is allowed only if it has been expressly agreed upon by the parties and the same has been reduced into writing, the demand of payment of interest by B is of no legal basis. Accordingly, Bs contention that he can demand payment of interest on the basis of of the written loan agreement alone is not correct.If you qualified your answer, like in case of vague provisions of law or if no final, clear and definite jurisprudence has been established by the Supreme Court (like the Silverio case on the privilege of changing the name and sex by a Filipino who has undergone sex reassignment although the SC did not allow it, the SC did not also shun the possibility of it happening if there will be an enacted law allowing for it in the future), you can either present your qualifications as they are as you answer or after the thorough discussion thereof, you choose and give the most logical and responsive qualified answer to the question being asked.Lastly, the shortened version of the 3-paragraph rule is another method of answering. Basically, the negative or affirmative statement, the legal basis and the application of the law to the facts are all compressed into just one paragraph. Use this only if you are giving a direct and concise answer that requires only brief discussion.