Rules for Digest

2
7/23/2019 Rules for Digest http://slidepdf.com/reader/full/rules-for-digest 1/2 General Rules: 1. Be concise. Examinees do not have the luxury of time. They need to read and understand the case real quick – and thus, we need only to present the gist of the facts and the ruling. . !ollow the format. This will make it easier for me to edit, and as " am the only editor for the ##$ cases, " %eg you to %e kind and considerate. &. '( )um%er prevails. *hen searching for the assigned case, please use the '( )um%er provided. "f the case title and '( num%er match, no pro%lem. "f it doesn+t, the '( num%er should prevail unless the case title is so dierent from what was provided that it could only %e an error, in which case, please contact me. Instructions 1. -tate the facts in less than 1## words the ruling, in less than 1/#. 0ou can do this %y a. !ocusing on the general facts %. 2iscount the dates 3unless the dates are material4 c. "nclude only the ruling which has relevance to the su%5ect matter. 6atters concerning procedure may %e discounted, unless of course, this happens to %e the very su%5ect matter. . "f possi%le, please follow this format in your digest a. 7eading i. 8lease follow this format for the heading 1. 9ase Title . '( )o. &. 2ate promulgated :. 8onente %. !acts c. 6ain contention of appellee d. "ssues e. (uling i. "f the case has two or more issues, then please answer these issues separately in the ruling. ii. Example "ssues 3a4 *hether a is equivalent to % 3%4 *hether 1 $ 1 ; : (uling 3a4 )o, a is not equivalent to %. 3%4 )o. The 9ourt held that 1$1;.

Transcript of Rules for Digest

Page 1: Rules for Digest

7/23/2019 Rules for Digest

http://slidepdf.com/reader/full/rules-for-digest 1/2

General Rules:

1. Be concise. Examinees do not have the luxury of time. They need toread and understand the case real quick – and thus, we need only topresent the gist of the facts and the ruling.

. !ollow the format. This will make it easier for me to edit, and as " amthe only editor for the ##$ cases, " %eg you to %e kind andconsiderate.

&. '( )um%er prevails. *hen searching for the assigned case, pleaseuse the '( )um%er provided. "f the case title and '( num%er match,no pro%lem. "f it doesn+t, the '( num%er should prevail unless the casetitle is so dierent from what was provided that it could only %e anerror, in which case, please contact me.

Instructions

1. -tate the facts in less than 1## words the ruling, in less than1/#. 0ou can do this %y

a. !ocusing on the general facts%. 2iscount the dates 3unless the dates are material4c. "nclude only the ruling which has relevance to the su%5ect

matter. 6atters concerning procedure may %e discounted,unless of course, this happens to %e the very su%5ectmatter.

. "f possi%le, please follow this format in your digest

a. 7eadingi. 8lease follow this format for the heading

1. 9ase Title. '( )o.&. 2ate promulgated:. 8onente

%. !actsc. 6ain contention of appelleed. "ssuese. (uling

i. "f the case has two or more issues, then pleaseanswer these issues separately in the ruling.

ii. Example"ssues 3a4 *hether a is equivalent to %

3%4 *hether 1 $ 1 ; :(uling 3a4 )o, a is not equivalent to %.

3%4 )o. The 9ourt held that 1$1;.

Page 2: Rules for Digest

7/23/2019 Rules for Digest

http://slidepdf.com/reader/full/rules-for-digest 2/2

&. Try to cite the parties using their name, rather than %y using<petitioner,= <appellant,= <respondent,= etc.

Sample Digest

Cheryll Santos Leus v. St. Scholastica’s College Westgrove'( )o. 1>?@ Aanuary >, #1/ A. (eyes

!acts -antos is a nonteaching personnel of -t. -cholastica+s 9ollege, a9atholic educational institution. -he engaged in premarital sex, gotpregnant out of wedlock, married the father of her child and wasdismissed, in that order. -t. -cholastica argues that the dismissal wasvalid for engaging in premarital sex and getting pregnant istantamount to serious misconduct and conduct un%ecoming of an

employee of a 9atholic school.

"ssue *hether -antos+ pregnancy out of wedlock constitutes a validground to terminate her employment.

(uling )o. That petitioner was employed %y a 9atholic educationalinstitution per se does not a%solutely determine whether herpregnancy out of wedlock is disgraceful or immoral. There must %e a3a4 consideration of the totality of circumstances surrounding theconduct and an 3%4 assessment of said circumstances against what thesociety generally considers moral and respecta%le.

"n considering what is moral and respecta%le however, it should%e pu%lic and secular morality which should determine the prevailingnorms of conduct, not religious morality. -antos+ pregnancy is notdisgraceful or immoral as she and the father of her child had noimpediment to marry each other.

!urthermore, -antos+ conduct could not have caused such agrave scandal to the students as she is only a nonteaching personnel,her interaction with the students is very limited.