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How to Answer When You Don’t Know the Answer
Anxious about what to do when you are asked a question in the Bar and you don’t know the answer? Instead of leaving a totally blank answer, here are some steps that you can take:
1. Read the question again - Sometimes, anxiety gets the better of us when we read a Bar question for the first time. Don’t easily give up. Instead, read the question again and this time, with a clear mind. You may notice a fact, phrase, or issue that you missed the first time.
2. Skip the question and proceed to the ones you strongly know - If the question still doesn’t ring a bell upon the second read, skip it and proceed to a question that you very well know. This will increase confidence, reduce your anxiety and prevent that sinking feeling that you don’t know anything or that you have forgotten everything you studied.
3. Look for keywords in the question - For example, in Remedial Law, when you see two trial courts of the same level in a problem, you may immediately narrow down the issue to venue or the doctrine of non-interference. In Criminal Law, when you see two or more crimes being committed, the topic being tested may be plurality of crimes.
4. After locating your keywords, correlate them to the nearest topic in the syllabus - This is why I recommend that you familiarize yourself with the syllabus and memorize at least some keywords and phrases for each topic. This can serve as your safety net when all else fails.
5. Determine whether the issue falls under the general rule or an exception - Once you have identified the nearest topic in the syllabus where it belongs, ask yourself: What is the general rule? Is there an exception?
6. If, after going through each step, you still don’t know the answer, bring in your general principles - For example, you can go back to fundamental principles such as due process, mutuality of contracts, nullum crimen nulla poena sine lege etc.
These steps are not foolproof, and they are not meant to replace knowing the law. They are ways to help you think when your memory fails you. The goal is not to panic when you encounter a question you cannot immediately answer. Instead, take a step back, identify what you do know, connect it to the facts, and work your way toward the most defensible answer.
Remember: You do not need to know everything to answer the Bar well. You need to know how to think through the questions you are given. When you don’t know the answer immediately, don’t let anxiety answer for you. Use the tools you have learned, narrow down the issue, recall the principles you know, and give the best answer you can.