Socratic Method - Law School Learning

It's again first semester of a new school year, 2011-2012. My second year at the University of the East Law School, but still taking up more first year subjects because I am just taking several units per semester. 

 

Working and at the same time studying is a great deal and to add up the complexities of life responsibilities and pressures. But these things indeed make my journey to life worthwhile.

 

Lastly, I am sharing below the excerpts of my online research on Socratic Method by the Greek philosopher Socrates. This method of learning is widely used in most if not all Law schools.

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Socratic method

Main article: Socratic method

Perhaps his most important contribution to Western thought is his dialectic method of inquiry, known as the Socratic method or method of "elenchus", which he largely applied to the examination of key moral concepts such as the Good and Justice. It was first described by Plato in the Socratic Dialogues. To solve a problem, it would be broken down into a series of questions, the answers to which gradually distill the answer a person would seek. The influence of this approach is most strongly felt today in the use of the scientific method, in which hypothesis is the first stage. The development and practice of this method is one of Socrates' most enduring contributions, and is a key factor in earning his mantle as the father of political philosophy, ethics or moral philosophy, and as a figurehead of all the central themes in Western philosophy.

To illustrate the use of the Socratic method; a series of questions are posed to help a person or group to determine their underlying beliefs and the extent of their knowledge. The Socratic method is a negative method of hypothesis elimination, in that better hypotheses are found by steadily identifying and eliminating those that lead to contradictions. It was designed to force one to examine one's own beliefs and the validity of such beliefs. In fact, Socrates once said, "I know you won't believe me, but the highest form of Human Excellence is to question oneself and others."^[17]

An alternative interpretation of the dialectic is that is a method for direct perception of the Form of the Good. Philosopher Karl Popper describes the dialectic as "the art of intellectual intuition, of visualising the divine originals, the Forms or Ideas, of unveiling the Great Mystery behind the common man's everyday world of appearances."^[18] In a similar vein French philosopher Pierre Hadot suggests that the dialogues are a type of spiritual exercise. "Furthermore," writes Hadot, "in Plato's view, every dialectical exercise, precisely because it is an exercise of pure thought, subject to the demands of the Logos, turns the soul away from the sensible world, and allows it to convert itself towards the Good."^[19]

Bust of Socrates at the Vatican Museum

~Article source: wikipedia.org

Midterms Week for Second Semester SY 2010-2011

Today, January 29, 2011 is the last day of Midterm exams for First Year Law Students at the University of the East - College of Law. Luckily, I have only one exam scheduled for today because my other four subjects were already done the early part of the week.

But my last exam proved to be the longest and most exhausting one, the exam was made not for a two-hour exam but I think you need more than five hours to accomplished. The five pleadings alone would eat up around 2 hours - you need to prepare with your own facts a Criminal Case Complaint as well as a Counter-Affidavit, then a Civil Case Complaint and the Answer to that. Both criminal and civil case pleadings have different set of facts. And add to that the pleading Demurer to Evidence.

It's not that you can not think of how to create your pleadings, but what will matter is the exhaustion in thinking as well as in writing down the pleadings and also the time allotted to finish the exam.

But as they say, if there are hardships, there will be success. And if there are evil, the good are just around.

Despite to all what happened this week, I am still thankful for everything. Thank you God for the week that had past. Thank you for keeping us in your guidance!

Midterm Exams for Second Semester 2010-2011 - Lessons Learned

Time fly so fast and almost we cannot catch our breath keep tracking with time, days and nights. It was just like a few weeks ago when the Second Semester for School Year 2010-2011 started and now we are already having our Midterm Examinations!

We had our Midterm exam for Obligations and Contracts today from 6PM-8PM. At first glance it was easy, questionnaire was made up of five questions True or False (1 point each), twenty questions Multiple Choice (3 points each) and seven questions Essay (5 points each). With a total of one hundred points.

I can say that the exam questions are not that hard especially when you have really reviewed a lot. I have an average level of readiness, meaning not so ready but I was confident with my answers. But then after the exam and we tried to re-think about the answers, something went out to be a great mistake of mine which might cause to me fail the entire exam!

Lessons learned:

1. Prepare for the exam 101 Percent. If done reading the book, read again to be really familiar with the topics and explanations.

2. Read questions and facts given thoroughly. Understand and think about the question twice or more before jumping into answering.

3. Be aware of the "distractors", meaning the words or phrases that would make the statement, fact or question wrong or correct.

4. Do not be in a hurry. Take your time, if the exam if scheduled for 2 hours, consume the time allotted.

5. Review your answers thoroughly. Read from #1 to the last # to see if you have really answered the best option.

I think I have all violated these lessons, it might be costly. I was kinda in a hurry last night answering the exams, I overlooked the words that made the sentence different, for example the facts were stated as solidary debtors, meaning the creditor or creditors can demand payment for any one of the debtors to pay the whole amount of the obligation.

But then, what I answered was about joint debtors, meaning they are proportionately liable to their creditors, they are not liable for the whole amount of the obligation.

In short, I answered the opposite of the correct answer which is a very huge mistake.Essay question have a lot of weight on the exams. So I might fail the midterm on Obligations and Contracts :-(

In the end, lessons learned, though I have should have known these being my second semester at Law School. Really, life is a learning process, sometimes we need to commit mistake to learn again those forgotten lessons of the past.

2010 A Year That Was - Review of our Life (part 2)

So far, year 2010 is one of my worst and BEST year in my twenty eight years of existence. Let me talk about the BEST for now and not the about the worst.

It has been my childhood dream to become a lawyer that's the reason why I have taken up Bachelor of Political Science Major in Public Administration as my college course at the Polytechnic University of the Philippines, this would be my pre-law course.

But then due to financial reasons, I was not able to pursue my law proper immediately after college graduation. After several years of focusing my attention to my work and of course to my personal life, the sweetest thing happened to my life this year! And that's when my parents-in-law decided to help me enroll for my law schooling. Good things in life come when you least expected, that's proven!


With that, I immediately inquired to several law schools about their requirements, tuition fees and other matters. My first option then was the San Sebastian College-Recoletos, Institute of Law. Aside from being a Catholic school, they offer low tuition fees comparing to other law schools.

After submitting my application as well as other documents, I have undertaken their entrance exam and the interview by their Guidance Counselor. I both passed the exam and interview so on enrollment week, I tried to enroll with night subjects because I still need to work while studying. But things did not worked out, convenient subject schedules are already closed and their enrollment process seemed to be not student friendly.

So, after hours and days of thinking, I finally decided not to continue enrolling at San Sebastian College instead I inquired at the University of the East, College of Law as a good friend of mine suggested.

With big contradiction to the process of San Sebastian College, I was able to take my entrance exam, have my interview, enroll my subjects and attend to my first day of class at the UE College of Law in a matter of one day! That was June 15, 2010.

Law school is not a joke, you have to deal with all the hardships, study loads, case readings, daily recitations, long written exams, humiliation, body and brain fatigue among others. Luckily I survived my First Semester and despite the continuing financial troubles, I boldly enrolled for the Second Semester of School Year 2010-2011 last November.

And you know what? Great sacrifices makes Sweeter Success! Before the end of December classes I received this letter from the College of Law Dean Valdez;

The letter of invitation from the Dean

The fruit of my First Semester sacrifices and burning my midnight oil was awarded at the College of Law Paskuhan 2010 at the Aberdeen Court, Great Eastern Hotel in Quezon City last December 16, 2010.

My certificate of recognition

The awarding ceremony

The sweetest thing that happened to me this year became more and more sweet because of this Christmas Recognition from our College Dean. Thanks be to God! And my endless gratitude to all who have supported me, my family, my wife and my parents-in-law. I love you guys!


~This is my official entry to the blog contest of Sir Winston with the topic "What is the sweetest thing that you did for someone / someone did for you in 2010?" sponsored by Candy Corner.



entry for
www.batangyagit.com

UE College of Law Quality Circle Certificate of Recognition

UE College of Law Paskuhan 2010 @ Aberdeen Court

Dean Valdez Welcome Remarks

Presentation of Team Muse

 The Three Musketeers and Me

The presentation of Certificate of Recognition
by Dean Valdez

The First Year 1st Semester UE-College of Law Quality Circle

With Moe and Mommy Rose

The Beauties

The King & Queen of the Night

Letter from the College of Law Dean Valdez

Good evening world! Just got home from school, I have class from 6:30 PM - 9:30 PM under Judge Pozon of the RTC Makati  Branch 139 with the subject Political Law 1. More than 30 minutes recitation drained my energy and dried up my brains, whew!

By the way, I just wanted to share the congratulatory letter from our Dean Valdez of the College of Law. It makes me smile and somehow erases all the pains in my body and mind.

Join us in the Paskuhan 2010 at the Aberdeen Court, Great Eastern Hotel, Quezon Avenue, Quezon City as we celebrate Christmas as well as the presentation of Certificate of Recognition to all members of the College of Law Quality Circle.

Good night world!

Top 4 among UE First Yr Law Students - 1st Semester SY 2010-2011

After all the sacrifices, the hardships, the rush travels from office to school, the absences from work, the huge sum of tuition expenses, the headaches and body pains, and the financial troubles...

It all paid off with the list above-- the Quality Circle for the 1st Semester of School Year 2010-2011 for First Year Law Students of the College of Law at the University of the East-Manila.

Thank you God and my endless and deepest gratitude to all who have extended their help. You are all part of me and I will always be grateful to all of you.

Law School - 1st Year 2nd Semester SY 2010-2011

My 1st semester of Law School at the University of the East was indeed a great one! I have four subjects, 2 major and 2 minor to start (Criminal Law 1*, Persons and Family Relations*, Statutory Construction and Legal Philosophy). And with all efforts, I passed the said subjects with satisfactory grades ranging from 1.75- 2.25 despite the fact that I am working at day and studying at night.

Now, 2nd semester already started, and I think I am doing a superman's work this time. Despite the financial troubles, I courageously enrolled 5 subjects with 3 major and 2 minor (Criminal Law 2*, Obligations and Contracts*, Political Law*, Legal Writing and Law on Natural Resources). Looking back the past days, I seem to re-think how I have done it?

With all the pressing problems in my life, I think this will be one of the greatest test of my mental capability as well as emotional and physical. Well, here we go, I am already at the doorstep, I have done several see-saw moves the past days and I do not want to stop from where I am standing now. Let the door be opened wide.

My PFR Class at UE Law - Last day of classes

Remembering 1st Semester for SY 2010-2011

Final exams are fast approaching, in a few days it will be October 2010. And the 1st semester for the school year 2010-2011 will be over. With this, I would like to reminisce the events in the early part of the semester.

Well, supposedly I should be enrolling at San Sebastian College, Institute of Law. All preparations goes well, my entrance exam, interview and requirements but not until on the enrollment week when I finally started the enrollment process at San Sebastian.

As a public University graduate, I am used to long lines during enrollment, all I believe is those scenes should be in the state universities and schools but I was mistaken, it was also the same with the private schools.

What made it worse is that most convenient subjects for working student like are almost unavailable or closed at the 4th  day of enrollment. And to add up the inconvenience, it seems that nobody from the dean's office can help in the closed subject schedules. With that, I need to decide and think for other options.

So, I inquired to the University of the East, College of Law and immediately I decided to take their Entrance Exam. Time is running up because classes start on June 15 and on that day is my entrance exam. Luckily, in one day, I took the entrance exam, I have my interview with the college dean and before 5PM that day I was officially enrolled. And at 7:30 PM I am at my first class in Law School.

Quiz # 1 - Persons and Family Relations PFR

Questions:
I. What is the rule on the application of laws? Is it absolute?
II. What is the  rule on mixed marriage under Article 26 of the Family Code of the Philippines? Explain.
III. What is marriage and what is the policy of the government on marriage? Explain.
IV. Distinguish Juridical Capacity and Capacity to Act. Give illustrative explanation.
V. Why publication of laws should be in its entirety and not its abbreviated form? Explain.

Answers:
I. Prospectivity of laws is the general rule
    Art. 4 New Civil Code - Laws shall have no retroactive effect, unless the contrary is provided.


   As a general rule, laws shall have prospective effects only.There are, however, certain exceptions, such as:
   a.) when the law provides for its retroactivity;
   b.) when the law is penal in nature and which is favorable to the accused who is not a habitual delinquent or recidivist;
   c.) when the law is procedural in nature;
   d.) when it creates new substantive rights;
   e.) when the law is curative in nature;
   f.) when it is interpretative of other laws.

II. Art 26 Family Code - All marriages outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Art. 35 (1), (4), (5), 36, 37 and 38.


When a marriage between a Filipino citizen and foreigner is validly celebrated and a divorce is thereafter validly obtained by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (as amended by EO 227)

III. Art. 1 - Family Code - Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this code.

~for a better understanding and explanations please refer to the Civil Code and Family Code of the Philippines and to the Book of Albano on Persons and Family Relations.

First Sleepless Night - Coping with SCRA's

Have my first sleepless night during the first week of classes. I need to read around 13 Supreme Court cases from various volumes of Supreme Court Reports Annotated (SCRA) from different decades which are related to our topics in Criminal Law 1.

Need to double time and have my mind and body used to sleepless nights starting immediately. Will be more hard days incoming...But it will  be a challenge I like to be with!

Back to School after Five Years

My past few weeks and days are toxic due to enrollment processes. I am suppose to enroll at San Sebastian College- Recoletos,  Institute of Law but unluckily most of the subjects that are convenient to my schedule as a working student are already closed.

So, I decided to look for other options in an instant because time is running out, start of classes in most universities was yesterday, June 15, 2010. And yesterday was a marathon for me. I woke up early then I hurriedly proceed to University of the East for Law Entrance Exam. It was more rigorous than the Entrance Exam of San Sebastian, the exam comprised of Thurston Mental Alertness Exam and Watson's Critical Thinking Analysis. The previous exam is the same with San Sebastian. And to conclude is the 4 question essay exam. Finally, I finished all my exams at around 12:30 noon time.

Then, I was scheduled for interview of the College Dean at 1:00 PM. Around 1:30 PM when I was finally interviewed by Dean Amado Valdez, very fine professional. A short interview indeed but I got the green light for enrollment.

Then the rest is history of enrollment process at the University of the East.

At around, 7:30 PM, June 15, 2010 I attended my first class with the subject Criminal Law 1. Tons of assignment was given to us. So  I need to go and read more cases. :-)