1. Why is it not enough for a lawyer to argue on the basis of bare reason or common sense?

Juridical thinking is a special form of highly rational thinking. A person of the law must reason
out on the basis of law—statutes and decisions of courts—applying it to facts and circumstances
under consideration, formulating arguments, and drawing conclusions. Arguing merely on the
basis of bare reason or common sense is not legal reasoning.

2. Give at least three (3) manifestations of the lawyer’s orderly mind.

a. He seeks logic, principles and patterns.

b. He looks for structure, so that parts are properly arranged within the whole (e.g., in the
codification of laws).
c. He crafts procedures (e.g., rules of court) to guide the proper sequence and timing of steps.

3. Lawyers are fond of analyzing but what added value is there when they try to synthesize
after analyzing?

The juridical mind also synthesizes in order to see the big picture. Synthesizing helps to
understand the logic of and rationale behind a statute or the reasoning of the ponente of a
court decision; to discover to which party the terms of a contract are favorable; to distinguish
relevant from irrelevant facts; to arrive at solutions to legal problems.

4. Why do lawyers sometimes resort to independent third parties like amicus curiae or
independent third party appraisers?

The juridical mind is sometimes helped to be objective by relying on so-called uninterested third
parties, such as amicus curiae, experienced and impartial attorneys who are invited to appear to
help in the disposition of issues submitted to the court, or an independent third party appraiser,
a valuation expert who is asked in the course of commercial transactions like asset-for-share
swaps and mergers to assess the fairness of a valuation or of the transaction itself.

5. Is it enough for a law student to be able to recite statutes from memory? If not, what else
should they be able to do?

While statutes are necessarily couched in general terms, Supreme Court decisions involve
concrete parties, concrete facts, and concrete issues. Law students and lawyers cannot be said
to know the law merely by being able to recite statutes from memory. They should also be able
to explain them and give examples.

6. Give at least two senses in which we say that the juridical mind is practical.

First, its reasoning is many times downright practical. Second, the juridical mind is practical
because it is geared to action
7. What is the meaning of “high-mindedness”?

It is the striving of the mind toward great things.

8. What do we mean when we say that the juridical mind is sharp?

Brief, precise and clear in thought, expression and action.

Alert and vigilant.
Up-to-date with and well-informed about current events and developments in the law.
Resourceful and smart in looking for solutions.

9. What does a professional mentality consist in?

a. having and maintaining a “service” attitude

b. being knowledgeable in the law, to be able to give correct and thorough legal advice in
response to queries, which is part of the service expected of lawyers
c. aiming for and acquiring competence, to be able to deliver results expected or promised.

10. Give at least five (5) maxims or quotations and explain the characteristic or characteristics
of the juridical mind that is captured in each.

Non multa, sed multum, “not many things but well”

De minimis non curat lex, “The law does not bother about trivial things.”
In dubio, pro reo, “When in doubt, favor the accused.”
“The life of the law has not been logic; it has been experience.”
“Do as adversaries do in law. Strive mightily, but eat and drink as friends.