http://legalwritingtips.blogspot.com/, 2 November 2015, 2:02 p.m.How to write a legal opinion The following will be a guide to writing an effective and legally sound legal opinion .It will begin by discussing the qualities of good writing which is central to writing a successful legal opinion. It will then move on to discussing the formulation of the legal opinion itself. Finally it will discuss the use of law in a legal opinion and how to refer to both case law and statute effectively and efficiently. Quality of Writing The primary purpose of a legal opinion is communication of advice to either a lay or professional client. It is therefore of the utmost importance that it is clear and in plain, understandable English. Every word of the legal opinion should be chosen by the writer because it communicates precisely the advice which the writer intends to convey. It is important to write in plain English wherever possible. A good legal opinion will avoid archaic language and legalese. Use of legalese will create a barrier between lawyer and client and divert the main purpose of the legal opinion; to communicate. That is not to say that the legal opinion should be over simplified. It will no doubt be conveying specialized legal advice and must therefore be as detailed as the writer thinks necessary. The use of plain English simply involves saying what needs to be said in the clearest way possible and avoiding unnecessary verbosity. There are times where technical terms will have to be used if they carry the precise meaning of the advice being delivered. This should not be shied away from. Perfect grammar, punctuation and precision of language are essential. Clarity defines good writing. A legal opinion will often contain a complicated set of facts which will have to be sorted into specific legal issues and defined in legal terms. Clarity of expression is therefore vital. Clarity of expression can only be achieved through thorough planning and thought. A thorough plan will lead to a logical structure. Any legal opinion will be conveying a particular point, but that point will inevitably need to be broken down into sections. Each section will culminate in an opinion and each opinion must be fully explained and justified. Clarity of legal writing also requires conciseness. This does not necessarily imply brevity, but once the point has been made, nothing more need be said. Having said that, completeness and total accuracy is vital and conciseness should not come above giving full and precise advice. Formulation of a Legal Opinion A request for a legal opinion will usually come in written form. Such a request will usually include any documents in the case. The request for a legal opinion will include at least one and usually a number of questions which the legal advisor is being asked to address. For a barrister an instruction to provide a legal opinion will come from a solicitor so any response will be written with the solicitor in mind as the reader, but the solicitor will have requested the legal opinion in order to advise the client and therefore the client must be borne in mind as well. The client will want to know for example not “will liability be established?”, but “will I get any money out of this and if so how much?”A legal opinion will often have the over arching question of does the client have a good and viable case. This is clearly the most important question to any client and must be approached with honesty and directness. If the client’s case is not viable they must be advised of this in the course of the legal opinion, if there is something which can be done to improve the client’s prospects of success, a good legal opinion will spell this out very precisely. Numbered action points are one way of achieving clarity in this regard. Above all it is vital to remember that in being asked to draft a legal opinion, you are being asked to advise. Sitting on the fence is not an option. Lay out the pros and cons of a particular course of action, but always come down on one side or the other. Giving a percentage chance of success at the beginning of a legal opinion is one way of being clear about what you think the client’s prospects are. Drafting a legal opinion can and should always be split into two processes: The thinking process and the writing process. General Writing Tips There aren't many rigid rules when it comes to writing. These are some of the tips I have found helpful. 1. No legalese. First and foremost, write in plain, straight forward, easy to understand language. Avoid long and complicated sentence structures. 2. Active voice. Active voice is more compelling and easier to understand than passive voice. Only use passive voice to intentionally downplay an incident. See my passive voice guide here. 3. Use pronouns sparingly. Using pronouns can obscure who or what you are referring to in a sentence. Avoid pronouns whenever possible and generally avoid using “one” as a pronoun. 4. Avoid "it" and "to be." By avoiding the pronoun “it” and the verb “to be,” will make your writing clearer and more active. 5. Comma and grammar use. Grammar mistakes make your legal writing appear sloppy and unprofessional and, worse, can change the meaning of your writing. Online resources are very helpful. I prefer Purdue's Online Writing Lab. 6. Be concise but thorough. Good luck finding the balance. 7. Organize your writing using sections and subsections. Organize your writing so it is intelligible and convincing. Using effective sections and subsections makes it easier for the reader to effortlessly follow your argument. As with paragraphing, be sure to stay on point within each of your sections and subsections. Legal writing is all about being focused narrowly on the issue (or sub-issue) at hand. If you include extraneous information when addressing an issue, you will confuse the reader and lose the reader's focus. For example, if you are analyzing facts using a four-part legal rule, discuss each part of the rule independent of the other. When discussing part two, don’t allow yourself to begin analyzing part three. You can do that in a separate section. 8. Clear headings. You should use number and/or letter your sections and subsections (I., a., (1), A., i., etc.), and you should label each section with clear headings, which can be complete sentences if you choose (e.g., “The defendant’s behavior was extreme and outrageous.”). The advantage of using clear headings is that it allows the reader to quickly identify what you are analyzing and to get a sense of the essentials of your overall argument by simply reading through the headings. 9. Effective paragraphing. Within each section, separate your discussion of a topic into several paragraphs that each addresses a specific theme/subtopic relating to the larger topic. Within each 12. 13. be consistent throughout a document. 11. After you have written a bunch. detail. so some more research if necessary. Many issues of writing style are flexible." 14. which is in fact the case at times. Start each paragraph with a clear topic sentence that informs the reader of what topic the paragraph will address. focus on detail. you may choose not to do so for the sake of impact or for organization sake. You are NOT supposed to create a master legal document on your first effort (or your second or third). Do not use vague or conclusive statements to explain facts. clearly articulated topic. Passive Voice. and then revise some more. read. read through what you have written. Be consistent with style and formatting. 19. make sure it comports with controlling case law. stick to a single. . revise. Noun agreement. As a general rule. 17. Unless the 50+ word quote is truly crucial. Indeed. .paragraph. Lawyers often use present tense when referring to the litigation itself: "Defendant argues that . Very importantly. and to understand the facts of a case a reader needs detail. does not tell the reader anything about whether the defendant was in fact abusive. Back up your argument with facts. you should urge your peers not to be too polite when reviewing your work. 15. put the most important information at the start of the sentence or at the start of your legal argument. Limit use of nominalizations (making verbs into nouns – marginalize turns into marginalization. 20. Avoid block quotes (50+ words). Order of importance. And don't use exclamation points (unless included in a written quote). Do not stray from that topic. seek out others to review your work if possible. The best legal writers in the world review and revise their written works over and over again. No contractions. When discussing the law. Start with an outline. Stick to the topic that you set out to address within that paragraph. put the substance of the quote into your own words or use ellipses to shorten the quote. Don't use contractions in formal writing. use past tense when referring to case law and facts. 16. On occasion. detail. For example. Do not use “their” when referring to a singular noun. You want critical feedback as it will improve your writing. Topic sentences. and do not be overly sensitive about others critiquing your work. Explain what the defendant actually did to demonstrate why the defendant's actions were abusive. Legal analysis usually depends on the facts of a case. When you choose an approach or convention. 10. Do not get hung up when writing your initial drafts by striving for perfection. Don’t be vague or conclusive.” without further explanation. Past tense. Readers gloss over block quotes. Write. “The defendant was abusive. . not with fancy words. Don't Use It!! . Then start filling in each section of your outline. As a general rule. 18. and repeat. or nominalize to nominalization). organized according to the structure of the relevant law. Avoid unnecessary adjectives and adverbs. Here’s a list of examples to watch out for: a. a. or. The offers are rejected. the subject is missing from the sentence all together. Never leave the subject out of your sentences unless you are doing so for effect (i. “Joe” is still the proper subject and “was submitted” is the predicate. to not make Joe look so bad). Whenever you use the “to be” verb and follow with a past participle (verb ending in “-ed”) you are likely using passive voice. Example 2: The paper was delivered by Jane. “Joe. but “Joe” the subject does not even appear in the sentence! This is the most maddening form of passive voice. b. readers have a more difficult time understanding exactly what you are trying to convey. doing. b. 2) Look out for “to be” and other helping verbs. YOU SHOULD WRITE IN THE ACTIVE VOICE Why write in Active Voice? For clarity. delivered = verb] What is Passive Voice? When a writer composes a sentence in passive voice. “Joe” is still the proper subject.” the predicate. the subject of the sentence follows the verb. [delivered = verb. the subject of the sentence acts. Example 4: Active: Joe submitted the assignment late. The Subject – the person. Example 5: Passive: The assignment was submitted late by Joe. precedes “submitted.” the subject. What is Active Voice? Basically. When you write in the passive voice. [Jane = the subject.. worse. The offer is rejected.e. Jane = the subject] . but does not precede “was submitted.” the predicate. who delivered the paper??= no subject] Easy ways to identify Passive Voice: 1) Make sure the subject precedes the predicate. . [delivered = verb. sentences written in the active voice feature subjects that precede the predicate or main verb of the sentence. place or thing that is acting. That is.or (worse) - Example 3: The paper was delivered. establishing. or being something in the sentence. Example 6: Passive: The assignment was submitted late. particularly if you fail to include a subject in your sentence. Example 1: Jane delivered the paper. The Predicate or Main Verb – the action or the being of the sentence. The offers have been rejected. The offer has been rejected.” does not precede the predicate. and what not There is far too much to try to say about comma usage and other common grammar pitfalls here. h. The offer was rejected. For example: Example 8: Active: My client took the diamond from the tray. be sure to tackle the semicolon and colon as well. The offer(s) had been rejected. notice that writing in passive voice allows you to omit mention of your client. avoid using passive voice. The offer is being rejected. l. as you may be able to sense from this example. The proper subject.” Example 7: Passive: The offer was rejected by Jenny. “was rejected. Commas. The offers were being rejected. so I regularly seek out resources to clean up the many grammatical errors that manage to find their way into my legal writing. 3) Look out for sentences that end with a noun which follows the word “by. The Purdue Online Writing Lab has an excellent resource for basic comma usage.c. k. i. However. . But as a general rule. g. Here. No! In a particular circumstance you may prefer the sound or impact of a sentence when written in passive voice. The offer(s) will be rejected. when you intend to be straight forward. While you are at it. The offers are being rejected. j. Example 9: Passive: The diamond was taken from the tray. perhaps deemphasizing your client’s actions. The offers were rejected. semicolons. when you use passive voice readers often get the impression that you are either (1) not a very good writer. d. you should also seek out such resources. So. The offer was being rejected. e. “Jenny. Assuming that you are not a grammarian either. The offer(s) will have been rejected.” Is there ever a good time to use Passive Voice? Yes. I am not a grammarian. so we do not know who is rejecting the offers. or (2) not being straight forward. I strongly suggest that you use it as a resource. f. m. Notice that none of the above examples included a subject in the sentence. the meaning of your statement becomes thoroughly obscured. or legal writing instructor. consider the following: 1. grammar usage. the safest bet is to use the actual noun instead. you should do so. analyzes the likelihood of success for a client or potential . etc. Whether a judge. which plainly explains the legal issue at hand and. Getting started with writing a Memo Included in this section are basic guides to writing each of the main sections of a legal memorandum. Often. and you should feel free to experiment with other methods. if appropriate. chances are that your reader will want an "objective" memo. and throughout the legal writing process. Whenever you are unsure as to whether the use of a pronoun will make your writing too vague or confusing. then you should cater your writing style to the reader's preferences. if you follow the advice here. There is no one way to write a memo. Before you get started writing your memo. Jones told Ms. Pronouns Be very cautious about pronoun use." This sentence does not clearly convey who hurried to the scene of the crime. I have included excerpts from one of my student's assignments regarding whether or not a fictitious client could succeed with a misappropriation of trade secrets claim. the level of background you provide concerning the area of law. you should explore some of the countless other online writing resources that may aid you in your writing. If your supervisor tells you that you need not include a facts section. For example. Your audience should dictate your approach to legal writing. supervising attorney. When writing a legal memo. "Ms. 2. non-profit agency. and then she hurried to the scene of the crime.If you are so inclined. If your audience wants you to include a detailed facts section. For that reason. The same is true regarding writing style. When you know who will be reading your memo. then do not include one. Be aware of who you are writing to. your reader is your priority. Smith about her plans. However. you should not stray too far from most attorneys’ expectations. using "she" rather than the name of the person who hurried to the scene of the crime is a bad idea. when you use a pronoun instead of the actual noun that you are replacing. even if that means that your writing will be somewhat repetitive. These excerpts should serve as a decent model for how to write a legal memorandum. Note that throughout this section. Be as concise as you can. Still. Brief Answer(s) Brief answer to your issue statement that begins with a "yes" or a "no" and follows with a succinct explanation of your basis for that answer. most honest estimate of what the law is and how it should be applied to the facts at hand. Legal writing should not be convoluted and impossible to understand. do not sacrifice necessary detail. 5. analyze the law and identify the appropriate rules that govern that legal issue. Only address the issues that you set out to address. but not at the expense of being thorough. In this regard. Identifying the issues that you will address in a memo is a crucial preliminary step. Be as concise as possible. you must stick to the issues that you present in your memo. attorneys have very little time to read lengthy legal memos. clear and detailed headings in your Discussion section help to quickly guide the reader through your memo. Memo Outline To: From: Date: Re: ______________________________________________________ MEMORANDUM Issue(s) Brief single sentence issue statement. 4. Do not get side tracked by related (or unrelated) issues. but you should only discuss and analyze the issue or issues that you identify at the start of your memo. preferably including the facts that support your conclusion. Most legal rules are made up of sub- rules/elements/components.client with regard to that issue. Once you identify the proper legal issue. Make your memo as easy to understand as possible. You are presenting your best. Draft and revise your memo again and again until you are confident that an average reader could read through your memo and understand exactly what you are attempting to convey. 3. which appropriately defines the legal question addressed and includes a few relevant facts that go to answering that legal question. Facts Succinct statement of facts that includes all facts that you analyze in your discussion section and any other facts necessary for relevance. An objective memo should not be overly argumentative or doctrinaire. Organize your memo according to the relevant legal rules. You may make reference to other issues of concern. Once you have done so. 6. In practice. Get to know these sub-rules as well as you can and organize your legal analysis according to the structure of the legal rule. Discussion . You want to narrow down the scope of your memo as much as possible. II. III. a court would most likely find that Ms. Following your topic sentence. and you should then compare the facts of your cases to the holdings and facts of the cases that you discussed. a former PPI employee. which serves as a road map to your reader by informing your reader of the topics that you are going to address in the remainder of your analysis section. Brief Answer Yes. Subsection(s) Repeat above. Dimitri used the method without Ms. Subsection(s) . Facts [[Include concise explanation of facts]] . Umbrella paragraph(s) outlining your discussion section. ¶ Your first sentence of your analysis should clearly state the applicable Rule. Subsection(s) Repeat above. for misappropriation of a trade secret resulting from Ms. Conclusion ------------- Sample Outline: MEMORANDUM Issue Whether Linda Petersen. you should analyze cases that discuss that topic. ¶ Following your introductory paragraph comes your first analysis paragraph. If the legal issues are complex. fitness center ("PPI") and developer of a unique personalized Pilates training method. owner of Petersen Pilates. which you should start with a topic sentence that mirrors the first topic that you listed in your Explanation of the Rule above. Petersen's personalized Pilates plan method could be a trade secret and Ms. Your second and possibly third sentence should provide and Explanation of the Rule. introducing the various topics you will address below (usually in the form of statements of the controlling legal rules that you analyze below). has a claim against Alexandria Dimitri. Dimitri's use of this method at another fitness center could constitute misappropriation of that trade secret because Ms. ¶ Your final paragraph/sentence should succinctly repeat your Conclusion for this analysis section. you may choose to break up your analysis by subsections. depending on the nature of your legal issue. I.Your heading should be a statement of your Conclusion to the first legal rule you are analyzing. Inc. ¶ You will likely have a number of analysis paragraphs. Dimitri's unauthorized use of a similar training method at another fitness center. Dimitri should have known that her acquisition of the method was improper and Ms. Petersen's express or implied consent. S. Petersen's claim for trade secret misappropriation depends upon whether (1) the PPI System could be a trade secret. Colo. your issue statement should be able to be answered. [[Analysis in the form of CREAC]] c. Petersen's consent. a. App. Dimitri used the PPI System without Ms. Effectively refining your issue statement requires an intimate understanding of both the relevant facts and law. (2) Ms. Ms. then your statement is not refined enough. Gold Messenger. v. You will know whether the statement is sufficiently clear if answering the question in either the affirmative or the negative fully resolves the issue at hand. and (3) Ms. Ms. Petersen should succeed with her misappropriation of trade secret claim against Ms.Mineral Deposits Limited v. 2. Petersen's PPI System through improper means. Whether the PPI System is a trade secret and whether Ms. In stating the issue. [[Analysis in the form of CREAC]] III. 608 (Colo. This provides the reader with some context. try to mention several of the most salient facts relating to the issue. Dimitri should have known that she improperly acquired the PPI System. A court would likely find that Petersen's PPI System constitutes a trade secret. Issue Statement Issue statements or Questions Presented should. Dimitri used the PPI System without Ms. C. 1. Dimitri acquired Ms. 1482 (D. clearly articulate the issue addressed in your memo. I. Ms. Petersen's consent.A.2d 907. Dimitri used the PPI System without Ms. Zigan. in a single sentence. [[Analysis in the form of CREAC]] II. Inc. v. Petersen's consent. Ms. Marks. In other words.R. 937 P. Powell Products. Petersen's PPI System is likely a trade secret. in a word. 773 P. 911 (Colo. App. Dimitri should have known that her acquisition of the PPI System was through improper means. Petersen's PPI System was not known outside of her business. 948 F. These issues are governed by the Colorado Uniform Trade Secrets Act ("CO UTSA"). 1469.2d 606. § 7-74-102 (2009). and (3) Ms. 1997). [[Analysis in the form of CREAC]] Conclusion Ms. Petersen took adequate measures to protect the trade secret. . 1989). Petersen's employees did not know how the PPI System operated. Dimitri's acquisition and use of the PPJ System constituted misappropriation are questions of fact.Discussion The validity of Ms. (2) Ms. McGuay. [[Analysis in the form of CREAC]] b. Dimitri because (1) Ms. with a “Yes” or a “No. Supp. Ms. Inc.” If not. 1996). Use plain language and active voice. Of course. Be clear and succinct. Petersen's express or implied consent. a former PPI employee. preferably one sentence. Petersen's program constitutes a trade secret. Include mention of the more salient facts that relate to the legal issues involved to assist the reader in understanding your reasoning. NOTE: The sample Issue Statement above addresses ONE issue--whether Ms. Sample Brief Answer: (Answering the sample provided in the Issue Statement) Yes. then you will need to be careful to fully develop the facts section. owner of Petersen Pilates. a court would most likely find that Ms. but try to be as concise as possible. Dimitri's unauthorized use of a similar training method at another fitness center. whether the program is a trade secret involves a number of more discrete sub- issues. Sample Issue Statement: (Misappropriation of trade secret) Whether Linda Petersen. Inc. Several sentences may be necessary. Dimitri should have known that her acquisition of the method was improper and Ms. Brief Answer Your Brief Answer should begin with a simple “Yes” or “No” and should include a succinct. While being succinct is very important. comporting to the advice above.3. Generally. which you would address in your trade secret analysis section in separate subsections. if you have a fact intensive issue. if you are addressing more than one issue. including facts necessary to provide the reader with sufficient context. Dimitri used the method without Ms. . Facts When drafting your facts section: Include all of the relevant facts. separate the issues into separate. organize your facts chronologically. Dimitri's use of the method at another fitness center could constitute misappropriation of that trade secret because Ms. single sentence paragraphs. has a claim against Alexandria Dimitri. Petersen's personalized Pilates plan could be a trade secret and Ms. Be sure to include any facts that you discuss later in your memo. explanation of your reasoning. The facts included within the issue statement give the reader some context regarding how you will analyze the legal issue. fitness center ("PPI") and developer of a unique personalized Pilates training method. Generally. for misappropriation of a trade secret resulting from Ms. then organize your analysis into four main subparts. This helps the reader to understand the particulars underlying the law and what is necessary to bring a successful claim. Begin with a broad discussion of the law. Although you can use traditional paragraphing and narrative to separate your discussion of each of these sub-issues. you should treat each subsection distinctly. and only one. you have demonstrated to the reader that the relevant rule at hand is made up of different elements. If useful. In providing that overview. The first paragraph of your Discussion will serve as an “umbrella” paragraph where you provide an overview of the relevant area of law and a road map that shows the reader what your memo will address and the structure by which you will address the issues at hand. each numbered subsection will address one sub-issue. 1. Discussion Umbrella Paragraph Umbrella. you should organize your discussion according to the structure of the relevant legal rules. particularly where the facts section is lengthy. start off with a broad statement of the law. If the broad legal issue you are analyzing has four main subparts. of those elements. Whenever possible. you will start your Discussion section with an Umbrella Paragraph and then delve into your analysis with separate subsections as appropriate. or by discussing the law in more general terms. and then narrow your discussion as appropriate. but frame the facts in a way that is favorable to your argument. break up the facts section by using thematic headings. Strictly discuss the element identified at the start of the subsection and how that element relates to the the ultimate determination in terms of satisfying the law. each identified with separate headings (see Analysis Subsections). then narrow down to the more finite elements of the law and the issues that you will discuss in the memo. Here is where you discuss/analyze the issue at hand in detail. 1. The legal issues at hand largely inform which facts are most relevant. Once you have broken down your Discussion into separate subsections. and one sub-issue only. Organizing your argument You must organize your discussion of the law clearly and logically to allow the reader to easily follow your rationale. I strongly recommend using numbered or lettered sections to make it easier for your reader to follow your analysis. Keep the governing legal standards in mind when drafting your facts section. While each of these sub-sections relate to each other in some capacity. Do not confuse the reader by either discussing one of the other elements that you have identified. . 2. Do not be argumentative. Thus. breakdown your discussion of the law into separate sub-issues (and corresponding subsections) based on the legal standards at hand. Thus. Begin your Discussion section with an Umbrella Paragraph that provides an overview of the law. Generally. Discussion This is the heart of your memo. Each subsection addresses one. they make up the law. v. When providing an overview of the particular law at hand.2. Inc. Ms. § 7-74-102 (2009). Peteresen's PPI System is likely a trade secret. 911 (Colo. number these separate components of the law when you present them in your umbrella to ensure that the reader identifies the sub-issues as being distinct from each other. 3. McGuay. App. 937 P. These “elements” or “sub-issues” are like ingredients . See Colorado Uniform Trade Secrets Act ("CO UTSA"). 4. the easier your reader will follow your analysis. Must you satisfy the requirements of every sub-issue to succeed? Or do you have a balancing test that only requires you to consider each of the factors and weigh the totality of the evidence? Who has the burden of proof? Is the issue one of fact or one of law? You need not answer all of these questions. 773 P. NOTE: Based on this umbrella paragraph. Ideally. 1469. the clearer your statement of the rule and its components in your umbrella. Dimitri should have known that her acquisition of the PPI System was through improper means. Inc. and a heading such as the following would be suitable: I. but they are the types of procedural issues that may belong in your umbrella paragraph. 1989). By clearly separating out and identifying each of the elements of the law. and (3) Ms.R. Therefore. Beyond a statement of the law and of the standard of review. you may provide additional information as you feel is appropriate.2d 907. Petersen's consent.2d 606. When possible. you provide the reader with a much clearer understanding of how the law operates and therefore of the likelihood of success in the particular circumstance at hand. you will organize your discussion in the same manner and order as you presented them in your umbrella paragraph. C.S. it is important that you clearly explain what is necessary to succeed with regard to the law generally and with regard to each element of the law specifically. 608 (Colo. try to breakdown your explanation of the law into separate elements or factors that you will analyze in your memo. Gold Messenger. 1997). Your umbrella paragraph could also be a good place to inform the reader of the standard of review - the manner by which a court will consider each element of the law. v. 5.together. Whether the PPI System is a trade secret and whether Ms. Petersen's claim for trade secret misappropriation depends upon whether (1) the PPI System could be a trade secret. Sample Umbrella Paragraph: (Trade Secret example from Issue Statement) Discussion The validity of Ms. but refrain from getting too specific as you will delve into each of the sub-issues in more detail below. Supp. 948 F. App. the first section of the memorandum should concern whether the method at issue constitutes a trade secret. (2) Ms.A. 1996). Zigan. Colo. Marks. 1482 (D. Mineral Deposits Limited v. Powell Products.CREAC . Dimitri's acquisition and use of the PPI System constituted misappropriation are questions of fact. Analysis . In this regard. Dimitri used the PPI System without Ms. Remember.. I recommend the following: 1. e. Explanation of Rule." because that would be too broad. In terms of actually laying out your CREAC analysis. Conclusion). Tackle one sub-issue at a time. 2. In each of these paragraphs. At this point.g. Explanation): Your first sentence of the paragraph should clearly state the relevant Rule. "The Defendant cannot be found guilty of the crime. as with the Conclusion. Rule. you will craft analysis based on the CREAC model to discuss each individual element/sub-issue. Defendant Jones did not have the necessary mens rea." Mind you. then you should organize the remainder of your subsection according to that list of factors. Rule.g. If you include such a list. one or two sentence paragraph. and a brief overview of your argument. this Conclusion should only speak to the particular sub-issue that you are analyzing. Now. the larger issue is.. CREAC Structure.CREAC Overview (Conclusion. As mentioned above. . Analysis. this is totally fictitious. "Whether Defendant Jones committed the crime. Further. if your memo addresses whether your client committed a crime. with each paragraph discussing a separate aspect of the sub-issue that is made clear in the first sentence of each paragraph by use of effective topic sentences. hopefully corresponding to the list of factors that you articulated in your Explanation above.. Conclusion: Restate your Conclusion at the end of the subsection in a single." And. you have decided how to structure your argument in terms of sections and subsections. your second sentence should provide the reader with an Explanation of the Rule. once again. You must limit your conclusion to the sub-issue at hand." However. Ideally. and you should compare that case law to your client's circumstances. based on that organization.e. Rule. you should include discussion of relevant case law. this Rule should speak only to the specific sub-issue that you are analyzing (e. The point is strictly that--in your fictitious mens rea subsection--you would not have a Conclusion that simply stated. The CREAC model (like other models for legal writing. CREAC stands for Conclusion. One sub-issue=One CREAC. First Paragraph (Conclusion. Thus your Conclusion would read: "Based on the evidence before the court. Heading (Conclusion): Use your Conclusion as the heading to your subsection. you are going to analyze each of the sub-issues that you have identified using the CREAC model--one CREAC per subsection. the underlying facts. 3. Analysis. Remember. IRAC).). Analysis Paragraphs: Following your introductory paragraph. you should separate your Analysis into individual. you have introduced the reader to the issues at hand. in your mens rea section. Following your single sentence rule. thematic paragraphs. Explanation of Rule. mens rea and actus reus--then. Thus. Conclusion. 4. which could be anywhere from a single sentence to many sentences. provides a simple template to guide you in structuring your analysis so that your analysis is easier for the reader to follow. This is the heart of your memo. you should limit your Conclusion to whether your client had the requisite mens rea to be found guilty of committing the crime. According to this model. if you divided your memo into two sections to address the two main elements of the crime--i. one at a time. this is totally fictitious. "A jury must find that Defendant Jones had criminal intent in order to convict him of the crime. your Explanation would include a list of factors/considerations that you plan to discuss in the remainder of your subsection. Follow the hyperlinks below to learn more about each element of CREAC. Follow the links below for more detailed tips on drafting each element of CREAC. Your conclusion should only address the sub-issue at hand. your Rule should be the first sentence of your first paragraph in the subsection. you are only providing an explanation of whether the facts at hand satisfy the elements/sub-rule at issue in the subsection itself. like ingredients in a cookie recipe. It is the larger Rule that controls the area of law. Rule R (Rule). which you should have identified in your Umbrella . Your Conclusion should only be a single sentence. like your Conclusion. there is the Macro-Rule. do not allow your Conclusion to become endlessly long. And most legal disputes involve arguments over how an arbiter should interpret these Mini-Rules in a given context. your Rule is actually a sub-rule that only speaks to the element at issue in the subsection at hand.If your analysis of the issue at hand is incredibly brief. you are not stating a broad conclusion that answers your Question Presented (unless the issue does not feature sub-rules). 2. However. In your Conclusion. your Rule is not the rule that governs the central issue that you are addressing in the memo as a whole (unless your memo only has a single analysis section). 4. Your Rule is a succinct statement of the law governing the specific legal element/factor at issue in the subsection. The first sentence of your analysis/CREAC is your Conclusion. As a preliminary matter. you will mostly be focused on the individual Mini-Rules that comprise the larger Macro-Rule. use specific language from the corresponding legal rules (often referred to as "terms of art") or standards to make the link between your Conclusion and the law obvious to the reader. However. C (Conclusion) R (Rule) E (Explanation) A (Analysis) C (Conclusion) Conclusion (Heading) C (Conclusion). most Macro- Rules are made up of a number of Mini-Rules--smaller rules that together comprise the larger rule. In the course of composing your CREAC. beginning with the broadest aspect of the rule. perhaps because the particular sub-issue does not require much discussion. 1. Assuming you included your Conclusion as your heading to the subsection. Instead. 2. Thus. when stating the Conclusion to a subsection. Rather. incorporate a few salient/relevant facts into your Conclusion that relate to the particular sub-issue at hand. Identifying your Rule is easier said than done. the big picture that governs the larger issue that you are addressing--the issue that you introduced in your Issue Statement. That is. 1. This Macro-Rule is what you explained briefly in your Umbrella paragraph. If possible. then you can make your entire CREAC into a single paragraph. 3. your Rule may as well be. Combining a conclusion and a rule into a single sentence can be tricky. and criteria. your Rule.and your Mini- Rules. providing the reader with a . Distill the law to identify the rule. a plaintiff must prove . Use your Explanation to identify the factors that a court would likely consider when analyzing the sub-issue at hand. Inc. Your Explanation of the Rule can be as short as a single sentence and should probably be no more than three to four sentences. App. and cases that often speak to the same legal issue. should explain relevant nuances of the law and the various factors that a court will likely examine when considering the sub-issue. Petersen must first prove that her Pilates training method is a trade secret. quite literally. Your job is to distill these varying sources of law to come up with what you think IS the law. Your Explanation. . 4. unless the issue is particularly complex and warrants a lengthier discussion. tailor your subsection Rule accordingly. Beyond differentiating between your Macro. 2. This means giving appropriate weight to various sources of law and identifying how those various source converge on the particular issue that you are addressing. regulations. Ms. then your reader will not properly understand the law. which lawyers at times attempt to do.Higgins.or understate the rule. Be sure to cite legal authority in support of your rule. . You will read statutes. .” But if the rule is dispositive. Try to keep your Explanation as brief as possible. 680 P. then write.2d 1339. addressing only the sub-issue as it relates to the macro-issue. For example. . One of the most common pitfalls for legal writers is to end up overstating the law. Porter Industries. but with different language. 19 Explanation of Rule E (Explanation). which immediately follows your Rule. 6. you also need to be careful to accurately depict the nature of the Rules that you are analyzing. and no single sub-issue is dispositive.as a component of the macro-rule that your memo addresses as a whole.” If you over. then make that clear by writing something to the effect of “To succeed with this claim. particularly with a solid citation followed by a parenthetical that clearly states the law. 3. meaning that a plaintiff MUST satisfy the element. and not that of the of law. 1. v. only including further discussion of the Rule that is necessary for the reader to understand the nature of the law. your Explanation is like a mini-Umbrella. Sample Rule: (Trade Secret hypothetical from Issue Statement) To succeed with her claim for misappropriation of a trade secret. . Thus. standards. Citing case law assures your reader that you are not just making stuff up. if your overall test is a balancing test. Without citing some sort of legal authority. 5. 1341 (Colo. In this way. “The court will consider . Do not overstate your rule. . but it can also be compelling. Your job is to distill what factors you think are most relevant and to inform the reader accordingly. (4) PPI increased in value by having the PPI System remain secret. a court will weigh the extent to which (1) the PPI System was known outside of PPI. . and (6) other fitness businesses would need to expend time and money to acquire or develop a similar system.2d 1339. For this reason. present the factors in a list to make it clear to the reader what you will be analyzing throughout the subsection. Inc. Following your opening paragraph to your subsection are your Analysis paragraphs. Shidler. but often times different courts will use different factors. (2) the PPJ System was known to employees within PPI. 1. 338 F. and no one factor is dispositive of whether a trade secret could or could not exist. Sample Explanation: (Explaining the Trade Secret sub-rule from Rule) In determining whether Ms. 1132 (l0th Cir. v. More often. proceed to discuss each factor in separate Analysis paragraphs in the same order that you listed them in your Explanation. Harvey Barnett. (5) Ms. 1341 (Colo. v. Porter Industries. I recommend a numbered list to draw attention to the factors that you plan to discuss and to ensure that the reader understands that the factors are distinct form one another. Most importantly. Based on the advice above. At the start of each of those Analysis paragraphs. you must identify the relevant factors at issue by engaging in extensive research. include clear topic sentences to alert the reader of the factor that you are discussing. (3) Ms.3d 1125. Inc. NOTE: In the above example. once you have laid out factors in your Explanation. Higgins. Courts balance facts relating to each of these factors. Once you have identified the relevant factors. you would model the remainder of your discussion in this subsection to mirror these factors. Identifying the relevant factors that underlie your sub-rule is not always easy. doing so by including subsections or paragraphs that deal with each of these factors one-by-one. Analysis A (Analysis). App. Sometimes the law identifies these factors for you--perhaps because the statute at issue contains discrete requirements. 1984). 680 P. 3. 4. using common language in both your Explanation and your topic sentences at the start of your Analysis paragraphs. The easiest way to ensure that your Analysis section is well organized and compelling is to follow the road map that you should have provided in your Explanation. If you identified relevant Factors in your Explanation. Petersen's PPI System is a trade secret.road map for this particular sub-rule. 2003). Petersen attempted to guard the PPI System's secrecy. one by one in separate paragraphs (or subsections) in your Analysis section. the Explanation is based on the relevant case law and is quite detailed. you should make sure that your Explanation of your Rule effectively lays out the specific factors that you will address in your Analysis. then simply discuss each of those factors. Petersen expended time and money in developing the PPI System. Follow the Factors that You Presented in Your Explanation. Courts will often articulate what factors control an issue. only discuss facts and cases that relate to that topic and that topic alone. often discussing one case per paragraph. Legal writers often refer to this thematic approach as "rule-based reasoning. Rule-based reasoning. Topic Sentence. and c. but it can get confusing to the reader. Follow the topic sentence with a discussion of controlling case law. in each paragraph. and not simply by case.2. After discussing precedent case law. It is impossible to stress this latter point enough. 5. Organizing Your Analysis Paragraphs. Model format to discuss cases. but you will sometimes find that you only have one case to discuss for a given theme/paragraph. Whenever possible. you will analyze those factors one-by-one. Another benefit to organizing your Analysis according to the factors that you identified in your Explanation is that you will then naturally organize your writing by factor or theme. After your topic sentence. Topic sentence. Cite to cases that address the specific legal sub-issue at hand. then you might consider breaking your discussion out into further subsections. discuss relevant case law to demonstrate how courts have previously treated the issue. If you feel that you have too much to discuss. I have found that the easiest way to succinctly discuss a case in a single sentence is with the following format: In [case name]. and c. which is fine. 6. as mentioned above: a. b.. but it makes your Analysis seem more anecdotal and shallow . which will allow the reader to compare each of those cases to your case. you will analyze the Rule based on the legal factors or elements that courts consider when making determinations based on that rule. Discuss relevant facts from those cases .the facts that pertain to the sub-issue that you are discussing in the subsection. usually within the same paragraph. according to the nature of the law. 3.based on a few select cases rather than on the intricacies of the law. It is fine to have multiple layers of subsections. you should use more than one case per theme as it makes your argument more convincing. Precedent case law. the court held [holding as to relevant legal issue] because [statement of facts that caused the court to rule as it did] (e. Precedent Case Law and Other Relevant Authority. preferably with fact patterns that are relatively similar to yours." In essence. Writers who do not consciously adopt the rule-based reasoning approach often analyze the issue at hand by simply discussing relevant cases one-by-one. briefly discuss precedent case law relating to the theme at hand. Include the holdings of each case that you discuss so the reader knows which way the court decided based on the facts from that case. Jones.g. Be sure to: a. your writing will quickly become confused and less convincing. "In Smith v. Once you have identified those factors and chosen the factors that you wish to discuss. That is not a terrible approach. Then apply that case law to your facts by discussing the relevant similarities or differences between the case law and your case. b. d. discuss the facts from your case that relate to the topic addressed within the paragraph. and. Your Facts. If you stray from the topic at hand. using rule-based reasoning. the court held that the defendant should have known that his conduct would cause the plaintiff injury because the plaintiff . Begin with a topic sentence that identifies the theme of the paragraph. Begin each Analysis paragraph with a clear topic sentence. as a general rule for organizing your Analysis paragraphs. preferably in situations relatively similar to yours. You should begin each analysis paragraph with a topic sentence that clearly identifies the relevant theme or factor. 4. Try to discuss each one of the factors identified in your Explanation in individual paragraphs. Paragraphing or Subsections. Following the topic sentence. Thus. when you are just getting started. you should combine it with your Rule. 7. You may of course analyze cases using multiple sentences. try to stick to one case per sentence. Your client's facts. Contrast your facts to the cases where the court ruled opposite from what you are arguing by showing that your case is different and will therefore be more likely to receive favorable treatment from the courts. rather than separating your CREAC into three separate paragraphs. Repeat. Additionally. analogizing to the cases where the court ruled favorably and distinguishing from those where the court ruled unfavorably. However. each paragraph should include a topic sentence that clearly articulates the theme you are discussing. Paragraphing. based on your facts. Explanation. Compare your facts to the cases where the court ruled favorably by showing that your case is similarly strong. you can eventually experiment with squeezing analysis into crafty citations by using effective parentheticals. However. Do not stray into topics that you should discuss elsewhere. X-----------------x------------------X Definite Your Definite Loser Case Winner 10. stick to that theme throughout the paragraph. and second Conclusion to form a single paragraph. Discuss the case law in comparison to your case to demonstrate the likelihood of success for your client. you can combine your discussion of two cases into a single sentence. the easier it is for the reader to compare the cases that you are citing to the facts of your own case that you are analyzing. you case fits. if your analysis is confined to a single. 8. Try to keep your paragraphs under one double-spaced page. Once you have collected enough cases to flesh out the spectrum. you are welcome to try reversing that order. You will benefit from discussing cases where the court ruled favorably on an issue. As you feel more comfortable. Remember. 11.asked the defendant to cease threatening her as the threats were causing her severe distress. And. I like to think of precedent cases on a spectrum that ranges from definite loser to definite winner. NOTE: While I recommend that you first discuss controlling case law and then discuss your facts. and you often should do so. Spectrum of cases. most importantly. as well as cases where the court ruled unfavorably. or you can combine your discussion of a case with your analysis of your facts all in a single sentence. -Contrast/distinguish. 9. Be Sure to Compare and Contrast. compare and contrast your client's facts to the facts and holdings that you presented from those cases to demonstrate your client's likelihood of success. Sample Analysis: . The aim is for you to compare/analogize and contrast/distinguish your facts from those of precedent cases to demonstrate to the reader which way the court is likely to hold. you should determine where in that case law spectrum."). the more succinct you are. -Compare/analogize. perhaps even stronger. concise paragraph. Additionally. After you have introduced precedent case law. Repeat this process for each additional theme/factor that you discuss within the subsection. 1994). See Rivendell Forest Products. although her client assessment method is known to current and former employees.3d 1042. Even where alleged trade secrets include elements that are known outside of the business. Ms. In determining whether Ms. customer-specific statistics. 902 (Colo. also in comparison to her client's facts. 773 P. Ltd.first case law discussion of the factor and then discussion of the client's facts that relate to the factor (which you can repeat as appropriate). and then discussed a second case. the writer first discussed one case in comparison to her client's facts.2d at 607. Inc. even if plaintiff s database contained publicly known elements. Id. v. a court would consider the extent to which she took precautions to protect the secrecy of her PPI System. 28 F. the analysis is broken down into a subsection to correspond to the first factor listed in the Explanation of the Rule. 790 P. 1046 (10th Cir.. the requests by fitness professionals for Ms. Ms. 1990). (Trade Secret hypothetical) NOTE: Here. Petersen's PPI System is a trade secret. . NOTE: In the example above. in conjunction with the PPI Program. Ltd. Id. In Ms. Petersen to present her methodology at public conferences indicates that her PPI System is not known among her competitors. See Mineral Deposits. courts have viewed evidence that a plaintiff is the exclusive user of a business method as evidence that the method is not publicly known. v. (2) a mini-rule/topic sentence used as the first sentence of the subsection is mini-rule.2d 901. is a methodology that is not known to the public. Boor-Crepeau. Petersen's case. See Network Telecommunications.3d at 1131. Petersen took sufficient precautions in guarding the secrecy of the PPI System. (4) followed by the core analysis . this technique. Id. Petersen's PPI System is a trade secret. a court would consider the extent to which information pertaining to the System was known outside of her business. A plaintiff's effort to patent or copyright a purported trade secret may also be evidence of precautions taken to guard secrecy. Example 1: A. Id. 338 F. at 1046. courts have still found that such methods could constitute trade secrets. The Harvey Barnett court found the fact that no other aquatic organizations taught plaintiff's aquatic instruction program compelling in determining that the progranl was not publicly known. See Harvey Barnett. In Ms. Furthermore. Example 2: C. The analysis is organized as a mini-CREAC. App.. after introducing the topic/mini-rule. Petersen's case. and (5) a repetition of the mini-conclusion. (3) followed by a brief elaboration/explanation of the rule. Petersen's PPI System was not known outside of her business. The Network Telecommunications court indicated that reasonable efforts may consist of advising employees of a trade secret's secrecy and sharing information with employees only on a need-to-know basis. with (1) a conclusion used for the sub- heading. The appellate court reversed the trial court's ruling that the database could not be a trade secret because it had publicly known elements and held that. at 965-66. Id. In determining whether Ms. In Rivendell Forest Products. Georgia-Pacific Corp. plaintiff designed a database that generated on-demand. plaintiff's integration of such elements in a non- publicly know methodology gave plaintiff a competitive advantage and could therefore constitute a trade secret. NOTE: In the example above. 830 (10th Cir. Dimitri about her plans to copyright the system so that no other fitness centers could use it. In Ms. In Gates Rubber. just because there is something else that could have been done does not mean that the efforts were unreasonable under the circumstances. 1112 (10th Cir. Inc. but should generally be no longer than three or four sentences. Thus. At the end of each subsection. At this point. However. Gates Rubber. plaintiff copyrighted its computer program." Id.3d 823." which mentions one of her client's weaker factual points. Do not introduce any new issues. Petersen's trade secret claim. plaintiff had applied for a patent on its mining equipment. Both courts found that plaintiffs could have trade secrets.gov Plain English Campaign (Lots of free guides) Guide to Grammar and Writing . See Hertz v. which more or less restates the Conclusion you used at the start of your section. 2009). at 1113. the court noted that plaintiff's employee confidentiality agreements enhanced plaintiff's claim that its manufacturing process was a trade secret. then more discussion/explanation of the topic. Luzenac Group. the writer again starts with a topic sentence/mini-rule. In Hertz. These facts demonstrate that Ms. Ms. if your Analysis section is a single paragraph. followed by specific reference to prior case law and discussion of her client's facts. so you need not rehash your arguments again.3d 1103. Petersen is actively guarding the PPI System's secrecy.2d at 607. This should typically be its own paragraph and should be no more than one to three sentences. Dimitri with information about the PPI System only on a need-to-know basis. 9 F. In Mineral Deposits.Gates Rubber Company v. PPI's lack of confidentiality agreements may detract from Ms. Petersen's case. Conclusion (2nd) C (Conclusion). but should not be dispositive in determining whether or not the PPI System could be a trade secret. Ms. 773 P. Your Conclusion can be as short as a single sentence. However. Dimitri of the system's secrecy by telling Ms. 773 P. 9 F. similar to what you stated in your Brief Answer.3d at 830.3d at 830. then you may simply include the Conclusion as a single sentence at the end of the paragraph. facts. Links Writing Tips Purdue's Online Writing Lab (OWL) A Plain English Handbook (SEC) Plainlanguage. A court may weigh the fact that Ms. Mineral Deposits. Bando American. Conclusion Your Conclusion should be incredibly brief. 576 F. 1993). 9 F.- unless to make note of related factual or legal issues that you recommend looking into more that you did not discuss in your memo. Petersen provided Ms. Petersen advised Ms.2d at 607. Petersen has not had her employees enter into confidentiality or non compete agreements against her. but concludes with the reassurance that the weakness is not fatal. you should include a very brief Conclusion. the court explained that there always are more security precautions that can be taken. Petersen is working with an attorney to procure copyrights and patents on the PPI System.. Id. Merely restate your overall conclusion. and Ms. or arguments in your Conclusion . you have analyzed all of the necessary issues. the writer includes a second paragraph that features "counter analysis. Additionally. volume 1 (January 28. Sunnaqh. Proclamations. court rules. Classification of Legal Sources Primary Authority is the only authority that is binding on the courts. administrative rules and orders. promulgates laws. Classification by Authority “Authority is that which may be cited in support of an action. Marcos during Martial Law and Executive Orders issued by Aquino President Corazon C. (1869–1946) About. We however need to clarify that the Presidential Decrees or law issued by President Ferdinand E.net Legalwritingpro. Only decisions of the House of Representatives Electoral Tribunal are available in print as House of Representatives Electoral Tribunal Reports. rules and regulations through its various departments. Batas Pambansa. Commonwealth Act. the Constitution and legislative enactments. The Judiciary promulgates judicial doctrines embodied in decisions.com Legal Research http://www. Al Mursalah or public interest. . 4. Memorandum Circular. 2 November 2015. the primary sources of Shariah are Quran. (deduction based on continuity or permanence). Aquino before the opening Congress in July 1987 can be classified as legislative acts. 2:30 p. Primary Authority or sources may be further subdivided into the following: Mandatory primary authority is law created by the jurisdiction in which the law operates like the Philippines. The legislature promulgates statutes. In the Philippines. Also included are all rulings in administrative and legislative tribunals such as decisions made by the Presidential or Senate or House Electoral Tribunals. which some jurists rejected such as Istihsan or juristic preference.nyulawglobal. theory or hypothesis. Executive Orders. legislative rules and presidential issuance. Al-Masalih. William Strunk. Executive and Judiciary. Jr.is cases decided or written opinion by courts and by persons performing judicial functions. Istidlal (custom) and Istishab.” Legal of materials primary authority are those that contain actual law or those that contain law created by government. Seven Ways to Improve Your Legal Writing Trial Practice Tips Weblog LegalWriting.html. Republic Act. Razul in his book Commentaries and Jurisprudence on the Muslin Law of the Philippines (1984) further stated there are new sources of muslim law.m. For Muslim law.Froomkin's legal writing tips (Geared to academic writing) Elements of Style. municipal legislation. namely: Act. Jurisprudence .2 Sources of Law There are two primary sources of the law: Statutes or statutory law . Ijma and Qiyas. etc. 1990) to present. Each of the three branches of government: Legislative. 1988-October 3. treaties. Administrative Orders. Generally they consist of two types. Executive promulgates presidential issuances (Presidential Decrees. Jainal D. statutes proper or legislative enactments.org/globalex/Philippines. They will be available electronically at the Supreme Court E-Library and as a separate CD.com.).Statutes are defined as the written enactment of the will of the legislative branch of the government rendered authentic by certain prescribed forms or solemnities are more also known as enactment of congress. municipal charters.or case law . statutory law includes constitutions. bureaus and agencies. there being no legislature during these two periods. treatise. Tolentino on Civil law.). Some of the authors of good reputation and considered experts in the field are Chief Justice Ramon C. Securities and Exchange Commission or circulars of the Bangko Sentral ng Pilipinas. discuss or comment on primary authorities. Corpus Juris Secundum. These materials are not binding on courts but they have persuasive effect and/or the degree of persuasiveness. Supreme Court Reports Annotated (SCRA). Spanish and American laws and jurisprudence. etc. Commonwealth Acts Annotated (3vos. Sulpicio Guevara published three books which contain s the full text of legislative enactments or laws namely: a). treatise. The second edition contains Republic Acts. University of the Philippines. For the Supreme Court decisions. Chief Justice Enrique M. Senator Arturo M. the individually mimeographed Advance Supreme Court decisions (discontinued by the Supreme Court effective January 2009) and the Official Gazette. the primary sources are the Philippine Reports. Some of the Secondary sources of statutes are the Vital Legal Documents. journal articles that explain. b). published by the Central Book Supply. With regards to commentaries or books. Prof. the reputation or expertise of the author is a consideration. Also included in this category are the opinions of the Department of Justice. It is in this regard that the collections of law libraries in the Philippines include United States court reports. Aquino and Justice Carolina Grino Aquino on Revised Penal Code or Criminal Law. Persuasive mandatory authority is law created by other jurisdictions but which have persuasive value to our courts e. Secondary authority or sources are commentaries or books. University of Santo Tomas and a number of prominent law libraries also have a Spanish collection where a great number of our laws originated.part II . for Republic Acts and other legislative enactments or statutes.) . a secondary source. The Secondary Sources are the unofficial sources and generally referred to as those commercially published or those that are not published by government agencies or instrumentalities. and Justice Vicente Abad Santos and Senator Jovito Salonga on International Law. writings. compilation of laws from 1935-1945 c). contains a compilation of Presidential Decrees (1973). Joaquin Bernas on Constititional Law. The Laws of the First Philippine Republic (The Laws of Malolos) 1898-1899. Primary sources are those published by the issuing agency itself or the official repository. journal articles. compilation of all laws from 1901 to 1935. The Supreme Court . Words and Phrases and different law dictionaries. For Supreme Court decisions. One has to determine whether they came from primary (official) sources or secondary (unofficial sources). Prof. West’s national reporter system. Chief Justice Manuel Moran on Remedial Law. Classification by Source It is important for legal research experts to know the source where the materials were taken from. the primary sources are the Official Gazette published by the National Printing Office and the Laws and Resolutions published by Congress. writings. the Official Gazette. Some of these law libraries subscribe to the Westlaw and/or LexisNexis. Fernando and Fr. Public Laws Annotated (7 vols. Publication of Supreme Court decisions in the Official Gazette is selective. Complete court reports for Supreme Court decisions from 1901 to the present can be found in the Philippine Reports. court reports of England and international tribunal. These sources as used specially when there are no Philippine authorities available or when the Philippine statute or jurisprudence under interpretation is based on either the Spanish or American law. Perfecto Fernandez on Labor Law. Primary and secondary sources for the sources of law are found in the Philippine Legal Information Resources and Citations section .of the 2009 Update. important reference materials such as the American Jurisprudence. Thus. Vicente Francisco.g. published by the Central Book Supply is more updated and popular in the legal community than the Philippine . If our search is still negative. With the availability of both. December 29. With the advent of the new information technology. journal articles. b) Case Law Books or Law Reports. There are however instances where the secondary authorities. pleading and even court decisions show SCRA’s popular acceptance. using both sources is highly recommended. writings. the primary and official source. Fernando who requested then President Ferdinand E. the other problem is how to classify sources published in the newspapers. The publication of the Philippine Reports by the National Printing Office ceased in 1960s. No. our next alternative is to find any relevant persuasive mandatory authority. legal dictionaries. Classification by Character This refers to the nature of the subject treated in books. Still. April 24. Since 1987. Marcos to take charge of its publication with special appropriation in the Judiciary’s annual budget. thesauri or digests. This policy prevails even for the Supreme Court E-Library. Net. Federico Moreno’s Philippine Law Dictionary. and c) no complete and update manually published search tools for statute and case law. A major problem in the Philippines is that there are no up-to-date Law Finders. Tuvera. the only . 63915. 1985 (220 Phil 422). Legal research for statute law in the Philippines benefited remarkably from the use of the latest technology due to two major problems: a) no complete and updated published or printed search tools or law finders for statute law and b) no complete compilation of statute law from 1901-present were available. This classification categorizes books as : a) Statute Law Books. they may be considered as primary sources pursuant to Executive Order No. treatise. take precedence over the persuasive mandatory authorities. There was no primary source for complete compilation of Supreme Court decisions for more than twenty (20) years. the next alternative might be secondary authorities. more particularly the commentaries made by experts of the field. This was the primary rationale for the SCRA’s popularity. the secondary source may be cited. In finding the law. Laurente Law Office On Line Library. encyclopedias. Citations in commentaries or books. online or virtual libraries of the issuing government agency or instrumentality and the now growing websites of law offices such as Chan Robles Law Firm Library and Jaromay. or law schools such as the Arellano Law Foundation Lawphil. s. These electronic sources are in the forms of CD ROMS.Reports. Problems of the publication of compilations of statute law or the existence of the full-text of Presidential Decrees was even brought to the Supreme Court in the Tanada v. with regards to Statute Law in the Philippines. The general rule is that in the absence of a primary source. In case of conflict between the two versions.” Law Finders refer to indexes. the printed version coming from the issuing government agency prevails. This case which was first decided before the bloodless revolution popularly known as People Power or the EDSA Revolution was modified in the December 29.R. electronic or digitized sources are popular sources of legal information for the following reasons: a) updated legal information is readily available and b) the search engines used facilitate research. the version of the Official Gazette holds. It was only in 1982 when the publication of the Philippine Reports was revived by then Chief Justice Enrique M. If these authorities are scarce or nonexistent. where it is explicitly provided in its website. c) a combination of both and d) “Law Finders. 200. 1986 (146 SCRA 446) case. our ultimate goal is to locate mandatory primary authorities which have bearing on the legal problem at hand. 1986 or after the People Power or the EDSA Revolution. In case of conflict between the printed and electronic sources. 1987 which provides that laws become effective fifteen (15) days after publication in the Official Gazette or in two newspapers of general circulation. citators. based on the definition of primary and secondary source. G. 1973 and 1987 Constitutions will be available at the Supreme Court E-Library. 1935.judiciary. Search engines used in these databases answer for the lack of complete and updated indexes of legal information. Foreign law dictionaries like Blacks’ Law Dictionary." The exception to this is when the research has defined or has provided a SPECIFIC period. legal researchers go online virtual libraries such as the Supreme Court E-Library (http://elibrary. Full text of these Constitutions will be available at the Supreme Court E-Library. except Presidential Decrees and other Martial law issuances. decisions of the Supreme Court and other courts. (See. Text of the Malolos Constitution is available in some history books such as Gregorio F. The Philippine legal system recognizes the following Constitutions: Malolos. The databases developed by CD Asia include not only the compilation of Laws (statutes) and Jurisprudence. This publication does not have an index. effective legal research can be conducted with one cardinal rule in mind: "ALWAYS START FROM THE LATEST. p. Philippine Legal Research 5. 176 (1970). the texts are available in published Philippine constitutional law books. Zaide’s Philippine Constitutional History and Constitutions of Modern Nations. The deliberation of laws.ph). are available. Provisional or Freedom and 1987 Constitutions. Making. In this regard. 6 volumes of the Philippine Constitution.1 Research of Statute law Statute laws are the rules and regulations promulgated by competent authorities. Sources for the 1934-1935 Constitutional Convention are: 10 volumes of the Constitutional Convention Record by the House of Representatives (1966).gov. but also include a compilation of legal information that are not available in printed form such as Opinions of the Department of Justice. For the rest of the above mentioned Constitutions. Jose Agaton Sibal’s Philippine Legal Thesaurus which is likewise considered a dictionary was published in 1986. The proceedings and text of the 1935. Origins. and. This problem was remedied when CD Technologies Asia Inc. A photocopy and softcopy of the complete compilation is available at the Filipiniana Reading Room of the National Library of the Philippines. Salvador Laurel's seven volumes book entitled Proceedings of the Constitutional Convention (1966). and the different databases in CD-ROM format from CD Asia Technologies Asia Inc. came out with a CD-ROM version which facilitated research for it has a search engine. The Constitutional Convention proceedings provide for the intent and background of each provision of the Constitution. 1973. Research of statutory law does not end with consulting the law itself. The History of Three Constitution by a seven-man Board. periodical articles of the different Constitution are available. Securities and Exchange Commission and Bangko Sentral (Central Bank) rules and regulations. Constitution The different Constitutions of the Philippines are provided in some history books such as Gregorio F. Words and Phrases are used as alternate. Legal Bibliography on page 34) . At times it extends to the intent of each provision or even the words used in the law. Proceedings of the 1973 Constitutional Convention were never published. To search for legal information. Zaide’s Philippine Constitutional History and Constitutions of Modern Nations (1970) and Founders of Freedom. enactments of legislative bodies (national or local) or they may be rules and regulations of administrative (departments or bureau) or judicial agencies. Commentaries or interpretations on the constitution. Meaning and Application by the Philippine Lawyers Association with Jose Aruego as one of its editors (1970) and Journal of the Constitutional convention of the Philippines by Vicente Francisco. 5. the deliberations of these laws must be consulted. Journals (3 volumes) and Records (5 volumes) of the Constitutional Convention of 1986 were published by the Constitutional Commission. textbooks or treaties.available Philippine law dictionary was last published in 1988. In this regard. Chan Robles Virtual Law Library. During the time of Pres. The DFATS was last published in the 1970s while the PTS's last volume. there are two possible sources: Department of Foreign Affairs and the Senate of the Philippines. For tax treaties Eustaquio Ordoño has published a series on the Philippine tax treaties. vol.489 Proclamations. both President Marcos and the Batasang Pambansa (Parliament) were issuing laws at the same time . Those without the concurrence of the Senate are considered as Executive Agreements. Forthcoming will be the compilation of treaties from 1946-2007 in CD-ROM at the Supreme Court Library. and may contract and guarantee foreign loans on behalf of the Republic. entered into by agents appointed (generally the Secretary of Foreign Affairs or ambassadors) for the purpose and duly sanctioned by supreme powers of the respective countries.275 ACTS .With the UN Treaty Series. Treaties that do not have legislative sanctions are executive agreements which may or may not have legislative authorization.525 Letters of Instruction. To locate these treaties. 1. Electronically. and which have limited execution by constitutional restrictions In the Philippines. Department of Foreign Affairs Treaty Series (DFATS). other online sources and the Internet. section 21).Presidential Decrees by President Marcos and Batas Pambansa by the Philippine Parliament.297 Memorandum . 8 contains treaties entered into until 1981. United Nations Treaty Series (UNTS) or the University of the Philippines Law Center's Philippine Treaty Series (PTS).Treaties and other International Agreements A treaty is an agreement or a contract between two (bilateral) or more (multilateral) nations or sovereigns.Enactments from 1900-1935 733 Commonwealth Acts .Enactments from 1972-1985 884 Batas Pambansa. During Martial Law. The President of the Philippines may enter into international treaties or agreements as the national welfare and interest may require. Article VII. it is available only in UN depository libraries in the country and its United Nation Information Center in Makati. 2009 The above figures clearly show that during Martial Law. LEXIS. 1.Enactments from 1946-1972. Statutes Proper (Legislative Enactments) Statutes are enactments of the different legislative bodies since 1900 broken down as follows: 4. – Enactments from 1979-1985 9547 Republic Acts . To locate the latest treaties. aside from Presidential Decrees. subject to such limitations as may be provided by law. 2. WESTLAW. major law libraries use the Treaties and International Agreements Researchers Archives (TIARA).April 1. 832 Memorandum Order. the President promulgated other issuances namely: 57 General Orders. the Foreign Service Institute published the Philippine Treaties Index (1946-1982) and UN Multilateral Treaties Deposited with the Secretary General. there was the so-called Tripoli Agreement. There is a selective publication of treaties in the Official Gazette. The official text of treaties is published in the Official Gazette. Other sources of important treaties are appended in books on the subject or law journals such as the American Journal of International Law or the Philippine Yearbook of International Law.Enactments from 1935-1945 2034 Presidential Decrees . a treaty or international agreement shall not be valid and effective unless concurred in by at least two-thirds of all members of the Senate (Constitution. 1987. There is no complete repository of all treaties entered into by the Philippines. Marcos. as the last Republic Act promulgated by Congress before Martial Law was Rep."An Act Establishing a Comprehensive Fire Code of the Philippines Repealing Presidential Decree No.093 Executive Orders. 1185 and for Other Purposes". Laws passed by the new 1987 Congress started from Rep. the Presidential Decrees issued by Pres. 6635. Act No. Letter of Authority. Republic Act No. The following are the Philippine codes adopted from 1901 to present: Child and Youth Welfare Code Civil Code Comprehensive Agrarian Reform Code Coconut Industry Code Code of Commerce Cooperative Code Corporation Code Family Code Fire Code Forest Reform Code Intellectual Property Code Labor Code Land Transportation and Traffic Code Local Government Code Muslim Code of Personal Laws National Building Code National Code of Marketing of Breast-milk Substitutes and Supplements National Internal Revenue Code Omnibus Election Code Philippine Environment Code Revised Administrative Code Revised Penal Code Sanitation Code State Auditing Code Tariff and Customs Code Water Code From the above list of codes. 6636. Marcos during Martial Law and the Executive Orders issued by Pres. 504 Administrative Order and 1. recently amended is the Fire Code of the Philippines. 2008.Circular. As previously stated. Act No. . 9514 . Letters of Instruction. Aquino before the opening of Congress may be classified as legislative acts for there was no legislature during those two periods. 157 Letter of Implementation. Approved by the President on December 19. a diagram was prepared by the House of Representatives. To better appreciate the procedure. July 1996.The House of Representatives prepared the procedure on how a bill becomes a law. . Administrative Support Bureau. This procedure is pursuant to the Constitution and recognized by both Houses of Congress. SOURCE: Congressional Library. House Printing Division. . Commonwealth Act and Presidential Decrees. these orders. the President issuing it must be stated. and b) the National Administrative Register. The proceedings of the House of Representatives and the Philippine Senate are now available on their websites. To look for the intent of Republic Acts. Only a few libraries in the Philippines have these publications for the majority were destroyed during World War II.) Issuing Agency and b. rules and regulations were selectively published in the Official Gazette. the House Bill No. Cincinnati Law Library Association (who offered to donate them to the Supreme Court of the Philippines) and some at the Library of the Institute of South East Asian Studies in Singapore. we have to go through the printed Journals and Records of both houses of Congress which contain their deliberation. Those orders fixing the dates when specific laws. . Executive Orders and Memorandum Orders & Circulars of the President. he started his Executive Order No. Bureau and other agencies of the government for the effective enforcement of laws within their jurisdiction. 1. CD-Rom and in the Supreme Court website. the only source to be able to get a copy of the text of these rules and regulations is the issuing government agency itself. have their own websites where they include the full-text of their issuances. or if no year is available. 1. Thirty three (33) volumes were published until 1935 by the Bureau of Printing. Before the Administrative Code of 1987. in order that such rules and regulations may be valid. or Senate Bill No. In researching for Proclamations. and other government agencies use the administrative orders. memorandum orders and memorandum circulars for their administrative rules and regulations and they start always with number 1 every year. There are copies available at the Law Library of Congress. There are no available proceedings for the other laws Acts. re-arranging or adjusting districts. the year it was promulgated is a must. all the Presidential issuances start with No. and Administrative Matters. Administrative Orders. there are two important items needed: a. The only exception was Executive Orders issued by President Carlos Garcia after he assumed the Presidency because President Magsaysay died in a plane crash. they must be within the authorized limits and jurisdiction of the office issuing them and in accordance with the provisions of the law authorizing their issuance. Bureaus. orders and regulations of the President touching on the organization or mode of operation of the government.Administrative acts. Circulars. He continued the number started by President Magsaysay. take the form of executive Proclamation. This is due to the fact that all Departments. Memorandum Orders. resolution or executive orders. which is available in print. In handling these types of materials. Even the Supreme Court issues Administrative Orders. To facilitate the search. When President Garcia was elected President. and acts and commands governing the general performance of duties of public officials and employees or disposing of issues of general concern are made effective by Executive Orders. resolutions or orders cease to take effect and any information concerning matters of public moment determined by law. Administrative Rules and Regulations Administrative Rules and regulations are orders. Administrative Acts and Orders of the President and Proclamations were published. or both found on the upper left portion of the first page of the law is important. including government owned and controlled corporations. As a new President is sworn in. Access to administrative rules and regulations have been facilitated due to the two developments: a) government agencies. divisions or parts of the Philippines. rules and regulations issued by the heads of Departments. However. The Batasang Pambansa has likewise published it proceedings. Thus. Executive Orders and Proclamations of the Governor-General were published annually in a set Executive Orders and Proclamations.) Year it was promulgated. safety and welfare. one has to go online to virtual libraries such as the Supreme Court E-Library. Constitutional Commission. unless a different date is fixed by law or specified in the rule. rules and regulations with the University of the Philippines Law Center's Office of National Administrative Register and are required to publish quarterly in a publication called National Administrative Register. Exceptions to the “filing requirement" are Congress. The court shall take judicial notice of the certified copy of each rule duly filed or as published in the bulletin or codified rules University of the Philippines Law Center’s Office of National Administrative Register is not only tasked to publish this quarterly register but must keep an up-to-date codification of all rules thus published and remaining in effect together with a complete index and appropriate tables. As previously stated. rules and regulations have to be filed with the University of government agencies including government owned and controlled corporations have to file three (3) certified copies of their orders. all governmental and department orders. Chan Robles Virtual Law Library. As previously stated. and CD Asia Technologies or the different databases in CD ROM such as those of CD Asia Technologies Asia Inc. the existence of which must be expressed in a statement accompanying the rule. there are no up-to-date or complete Statutes finders. the National Administrative Register is available electronically on CD-ROM (CD Asia Technologies Inc.. Every rule establishing an offense or defining an act which pursuant to law is punishable as a crime or subject to a penalty shall in all cases be published in full text. Those published are listed in the Philippine Legal Information Resources and Citations (part II of the 2009 Update ). military establishments in all matters relative to Armed Forces personnel.2 Research of Case Law .) and online at the Supreme Court E-Library. 5. Each rule becomes effective 15 days after the filing. 292) was promulgated. Rules in force on the date on which the Code took effect which are not filed within three months from the date not thereafter shall be the basis of any sanction against any person or party. When the 1987 Administrative Code (Executive Order No. the Board of Pardons and Parole and state universities and colleges. to facilitate legal research. Judiciary. !e-library! A Century and 4 Years of Supreme Court Decisions and i-Law Instant CD. Arellano Law Foundation’s The I Lawphil Project. such as in cases of imminent danger to public health. Aside from the printed copies. SOURCE: 2002 Revised Manual of Clerks of Court. Manila . . Regional Trial Courts divided into different judicial regions. Supreme Court Decisions Decisions of the Supreme Court bind the lower courts and are a source of law. Since these Minutes Resolutions are not published. Municipal Circuit Trial Courts. 2002. One major problem in conducting research on case law is the availability of published or printed decisions from the Court of Appeals to the rest of the judicial and quasi-judicial agencies. 1486 and 1606). copies of their decisions may be taken from the Legal Office. Although they bear the same force and effect as the regular decisions or extended resolutions. The decisions of the Supreme Court. These regular and extended resolutions are available electronically in the Supreme Court E-Library under Decsions. Art XI of the 1987 Constitution were created by separate laws. Municipal Trial Courts. It is the judgment of this court which determines whether a law is constitutional or not. 129) established the following courts: Court of Appeals. or what is referred to as court of last resort. The Reporters Office of the Supreme Court and the Court of Appeals keep all the original and complete copies of the court decisions. Sandiganban and the Court of Tax Appeals will be made available in the Supreme Court E-Library. sec. The Shariah (Sharia’a) Circuit and District Courts (Presidential Decree No. Downloading of the decisions of the Appellate Courts have started from the most recent and will continue until all their first decision from their creation will be completed. Municipal Trial Court in Cities. Subordinate decisions are those made by administrative agencies performing quasi-judicial functions. The reorganization of the Judiciary of 1980 (Batas Pambansa Bldg. 9282 (CTA) Case Law or Judicial decisions are official interpretations or manifestation of law made by persons and agencies of the government performing judicial and quasi-judicial functions. Conventional decisions are decisions or rulings made by regularly constituted court of justice.. they are signed and issued by the respective Clerks of Court En Banc or by either of the three (3) Divisions. These decisions provide the justice who penned the decision or ponente and the other justices responsible for promulgating the decision. more particularly those that resolve a motion for reconsideration . whether En Banc or by Division. Metropolitan Trial Court. Office of the Clerks of Court or their libraries. Decisions of the Supreme Court are classified as follows: "Regular decisions" and extended Resolutions are published in court reports either in primary or secondary sources. Organizational Chart was amended due to the passage of Republic Act No. For the rest of the members of the Judiciary or the quasi-judicial agencies. 4. Unsigned Minute Resolutions are not published. At the apex of the Philippine Judicial System is the Supreme Court. Unconstitutional laws even though it is signed by the President and passed by both house of congress can not take effect in the Philippines. the law of the land. Court of Appeals. Supreme Court. 1125) and the Sandiganbayan (Presidential Decree Nos. 1083). Court of Tax Appeals (Republic Act No. Separate dissenting and/or concurring opinions are likewise published with the main decision. The Judicial Reform Program of the Supreme Court with the establishment of the Supreme Court E-Library aims to address this problem and also those from statute law. the Supreme Court has now incorporated these Minute Resolutions. The most popular secondary source is the Supreme Court Reports Annotated (SCRA). and (2) Administrative Matters in the Supreme Court E-Library. under RESOLUTIONS. legal practitioners cite it more than the Philippine Reports and the Lex Libris Jurisprudence CD ROM. or those that explain or affirm a decision. from 1901 until 1960. private collection of former Supreme Court Justices such as Chief Justice Ramon Avancena and Justice George Malcom (collection is found in the University of Michigan) and private law libraries who were able to save some of their collection such as the University of Santo Tomas. Supreme Court Reports Annotated (SCRA). Search for the unpublished decisions still continues. Even before the war. particularly those before the war were originally published in Spanish in the Jurisprudencia Filipina. and the Supreme Court Advance Decisions (SCAD) come in bound volumes which generally cover a month per volume. The Supreme Court’s Philippine Reports started with volume 127. Due to World War II. In view to the importance of these decisions. under JURISPRUDENCE. there is no complete compilation of the original decisions of the Supreme Court. How can we search for Supreme Court decisions: 1. The Philippine Reports until volume 126 (1960's) was published by the Bureau of Printing. Case Reports in the Philippines such as the Philippine Reports. there were unpublished decisions of the Supreme Court. Topic or Subject Approach: (Please See Complete title of the publication from the Philippine Legal Bibliography chapter) o Philippine Digest o Republic of the Philippine Digest o Velayo's digest o Magsino's Compendium o Supreme Court's unpublished Subject Index o Martinez's Summary of Supreme Court rulings 1984 to 1997 o UP Law Center's Supreme Court decisions: subject index and digest's o SC's Case Digest's . This problem is being addressed by the Supreme Court E-Library where are great number of these unpublished decisions of the Supreme Court before the war were retrieved from different sources such as the United States National Archives in Maryland. So. 1 covers decisions from March 1946 to February 1952. now called the National Printing Office. Some decisions after the second Philippine independence were still in the Spanish language. The early volumes. Some of these decisions are cited in treatises or annotations. The source of these unpublished decisions is the Office of the Reporter of the Supreme Court. Printing was transferred to the Supreme Court in the 1980s due to the need for a complete official publication of the Court’s decision. vol. the oldest university in the Philippines. there were unpublished decisions of the Court. Actually. The Official Gazette and Philippine Reports are the official repositories of decisions and extended resolutions of the Supreme Court. The difference between the two lies in the fact that the Official Gazette selectively publishes Supreme Court decisions while Philippine Reports contains all decisions of the Supreme Court except minute resolutions. However. the late Judge Nitafan of the Regional Trial Court of Manila started publishing Supreme Court Unpublished Decisions. The list and subject field are found at the back of each volume of the Philippine Reports. a number of the original decisions have been burned. A list of these unpublished decisions is in the Supreme Court E-Library. Project COMPUSDEC. They were translated in English to become the Philippine Reports. There are a number of decisions now in the Filipino language. . Sources of Court of Appeals decisions are: Text: o Official Gazette (selective publication) o Court of Appeals Reports which was published by the Court of Appeals until 1980. Court of Tax Appeals decisions from 1980 to 2004 are found in the Lex Libris particularly in Taxation CD ROM. o Moreno's Philippine Law dictionary Decisions of Special Courts Sandiganbayan and the Court of Tax Appeals do not have published decisions. It is still considered selective for not all CA decisions are published. 1986 to present is unpublished but available at the SC Lib o Ateneo's Index & Aquirre's Index o Lex Libris Jurisprudence/Template search Court of Appeals decisions Decisions of the Court of Appeals are merely persuasive on lower courts. o Court of Appeals Reports (CAR) by Central Book Supply.Case Index o Republic of the Philippines Digest o Ong. These functions are distinct from their regular administrative or regulatory functions where rules and regulations are . 1978-1981 1st Suppl. The Sandiganbayan has only one volume published. They are cited in cases where there are no Supreme Court decisions in point. Title Index to SC decisions 1946-1978 2v. Decisions of Administrative Agencies. Sandiganbayan Reports vol. 1981-1985. o Philippine Law and Jurisprudence o Castigador’s Citations o SCRA Quick Index Digest o Lex Libris Jurisprudence 2. Title Approach or Title of the Approach: (Please See Complete title of the publication from the Philippine Legal Bibliography chapter) o Philippine Digest . One volume was published o Philippine Law and Jurisprudence o Reports Office of the Court of Appeals Subject or Topic Approach: o Velayo's Digest. In this regard. Even this publication is not a complete compilation. M. Commissions and Boards Laws have been promulgated which grants some administrative agencies to perform quasi-judicial functions. they are considered as judicial guides to lower courts and that conclusion or pronouncement they make can be raised as a doctrine. 2nd Suppl. 1 covers decisions promulgated from December 1979 to 1980. Estrada on July 19. and the Bureau of Internal Revenue. The Trade. Bangko Sentral and the Philippine Stock Exchange. VII) incorporated issuances from the Department of Labor and Employment and its affiliated agencies and offices. Bangko Sentral ng Pilipinas (Central Bank of the Philippines). 8799) signed by President Joseph E. Included in these individual CD ROMs are the pertinent laws. Insurance Commission. Commerce and Industry CD ROM includes Supreme Court decisions. . Social Security System (SSS) and even the Civil Service Commission (CSC). The other agencies performing said functions are National Labor Relations Commission (NLRC). their respective issuances as well as Supreme Court decisions. Some of their decisions are published in the Official Gazette.promulgated. laws and issuances of its various agencies such as the Department of Trade and Industry. Securities and Exchange Commission. Bureau of Customs.2000 affects Securities and Exchange Commission's (SEC) quasi-judicial functions. Board of Investments. Housing and Land Use Regulatory Board (HLURB). Government Service Insurance System (GSIS). The Securities Regulations Code (Republic Act No. It CD ROM on Labor (vol. Some have their own publication such as the SEC and the CSC or some include them in their own websites CD Asia Technologies’ Lex Libris series has individual CD ROMs for the Department of Justice.