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Legal Profession Coquia Review Notes

The document discusses the history and nature of legal education in the Philippines. It covers the introduction of legal education under Spanish and American rule, with the latter establishing the UP College of Law in 1911 and adopting the American law school model. It also discusses the basic requirements of law schools and debates over using the Filipino national language in legal education.

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23 views3 pages

Legal Profession Coquia Review Notes

The document discusses the history and nature of legal education in the Philippines. It covers the introduction of legal education under Spanish and American rule, with the latter establishing the UP College of Law in 1911 and adopting the American law school model. It also discusses the basic requirements of law schools and debates over using the Filipino national language in legal education.

Uploaded by

JoieMendozaNato
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Legal Profession Coquia Review Notes

Chapter 1
1. How is the law profession regarded in your community?
Lawyers are regarded highly. However, due to some lawyers unscrupulous
behavior and practice, the reputation of the legal profession has been eroded.

2. Is the legal profession really the most prestigious profession? Why?


No. Every profession is important. The legal profession takes a unique role in
society because by the nature of his work, the lawyer is necessarily involved in the
maintenance of order, peace, and justice, related to all aspects of life from birth
to death.

Chapter 2
1. When and how was legal education introduced for the first time in the
Philippines?
The Faculty of Civil Law of UST was established on 2 September 1734.

2. What was the nature and scope of legal education at that time?
Spanish was the language of instruction. The curriculum was devoted to the
various branches of civil law, as well as studies in economy, statistics and finance.
The course consisted of twelve semesters (six years), based on a year of
preparatory work.

3. When and how was legal education introduced during the American regime in
the Philippines?
During the American regime (after 1898), the Young Men’s Christian Association
(YMCA), through the effort of George A. Malcolm, began offering English
language law courses in 1910. This led to the establishment of the UP College of
Law on 12 January 1911. Dean Malcolm was the first dean.

4. Is the system of education under the American regime still applicable today?
Why?
Yes. Philippine law schools largely follow the American law school model. English
is the medium of instruction. Our laws are written in English. The case method is
used. Cases are made the basis of bar exam questions. The preparations are
appropriate to prepare for the bar examinations which one must pass to practice
law.
5. What are the basic requirements of a law school to maintain a good quality of
legal education for law students?
1) Relevant curriculum, 2) good teaching faculty, 3) appropriate teaching method

6. Should legal education be taught in the Filipino national language? Reasons.


The benefits: law becomes more accessible to ordinary citizen, the delays in
court may be reduced because they are often caused by the language problem
that arises when courts that do not speak the same language are trying to
interpret the same documents.

Chapter 3
1. What is meant by profession in general?
The pursuit of a learned art of mastery of which requires training and superior
intellectual ability.

Three Attributes:
1) Training necessary for admission to a learned profession
2) Organization of the profession for the advancement of society
3) Spirit of public service

2. What is your concept of the legal profession?


The legal profession is a learned occupation to study, promote, uphold and
enforce the collection of rules imposed by the State, thereby administering
justice.

3. How do you distinguish the legal profession from other professions?


Characteristics that distinguish the legal profession from other professions:
1) Primarily oriented toward public service
2) Fiduciary lawyer-client relationship

4. Why is law profession a social phenomenon?


1) The lawyer, with his background in the social sciences and legal principles for
the social ordering of society is a natural leader of the community.
2) The lawyer maintains a relationship and duty with 1) the client, 2) the
profession, 3) the public in general

5. Is compensation of a lawyer essential in the performance of his duties?


Gaining a livelihood, though necessary to a degree, is incidental. A lawyer offers
a service and confers the same diligence and quality of service whether he is paid
or not.

No one should be deprived of legal assistance by reason of inability to pay for it.

6. Distinguish between Code method of Continental Europe and the Case


method developed in the United States in teaching law.

The Case method was introduced by Christopher Langdell of Harvard Law


School in 1870. In the case method, law is treated as a science, arrived at
through the inductive method, consisting of principles and doctrines which are
best understood by studying the cases in which they are embodied.

Illustration: “the student must look upon the law as science consisting of a body
of principles to be found in adjudged cases, the cases being to him what the
specimen is to the biologist”

The Code method of Continental universities in Europe was based on a tradition


of mysticism, undertaken by a priestly class of scholars. The law is learned by
memorizing codal provisions and laws. The relationship between law and religion
is emphasized. Obedience to the law is enforced by threats of hellfire and
brimstone.

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