A briefcase of cases

A google search of lawyers' briefcases brings up this:

Does any one of these fit what Rodriguez had in mind on page 9 of his book Legal Research, 2002 Edition?

One final exam question for Legal Research: "Enumerate the components of the lawyer's briefcase and discuss the importance of each."

Answer: "1. Sling - it is necessary for carrying a heavy load which includes a 2-kg laptop, Black's Law Dictionary, etc."

Notation by teacher-assistant who checks the quizzes for the professor: "What? Haven't you heard of the Ipad and the digital edition of Black's?"

Lost cause

On page 503 of Law on Sales, 2009 Edition by Cesar L. Villanueva:

Double negatives in MCQ is like double jeopardy

In the MCQ Bar Reviewer, Volume I, 2011 Edition by the Philippine Association of Law Schools, Justice Roberto A. Abad laid down the guidelines in the construction of multiple choice questions.

One of these is:

One page 405 the question uses double negative:

The answer key says the correct choice is (c).  But removing the double negative will change the question into "Which of the following statements may be tenable?" which makes choice (c) wrong and the rest correct.

Following Justice Abad's admonition the question should be reframed thus:

           "The following statements may be tenable, except:"

Double jeopardy confusion

From Remedial Law Compendium Volume II, 11th Edition by Florenz Regalado:

Page 519 - "will not"  should  be will still attach.

Good faith voids stipulation

From page 214 of Civil Code of the Philippines Annotated, Volume V, 2013 Ed. by Paras:

Patior, potior, whatever

In a previous post I discussed how Paras and De Leon had a problem with the Latin phrase ad coelom et ad inferos.

On page 283 of Comments and Cases on Sales and Lease, 2011 Edition  De Leon got astray with another phrase:

It should be "potior".

And the rule is if you use potior you should also use prior; and potius if you use prius. As in  "Qui prior est tempore potior est jure".  Or "Quod prius est tempore potius est jure".

See the difference between the two phrases here.

Unfortunately many SC decisions use the phrase prius tempore, potior jure.

Warrantless offense

Does one need a search warrant to commit an offense?

It seems so from Rule 126 of the Rules of Court:

Section 13. Search incident to lawful arrest. — A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant.

This is, actually, a case of misplaced modifier as discussed here.

Naked tendency

Au naturel as borrowed from French can mean in English as untouched, pure, or naked.

Is this what Paras meant when he discussed Art. 1546 of the Civil Code on page 207 of his book Civil Code of the Philippines, Annotated, 2013 Edition?

Fragments and parallels

From page 124 of Legal Research, 2002 Edition by Rufus Rodriguez:

a. fragment

b. faulty parallelism - manuscript is a noun, incomplete is an adjective.