Fundamentals of Legal Writing Pages 1-9

1..L"g*l \fridng S"op" oflegal Wtiting the things that lawyers vzrite to . This book is wln others over to^T": thgir point ofo'ie*. If yoi ;;r; ;;*. ieg tavrye4 you would b. doing , to, oiitii. Hi ri**. ,o;;;l*.1, #;., For insance, when your client, ,-;, ^ you teSardinS the threl of a possible lawsuit fro* :o tomer who was takel ill.af_cer.eaung " in your client,s ,.rLLLr, yoo..*r{ lave to 1,:nf-lri* bacl(,-giving him your,,1.*rLgading his probabre riabirity based"on ir. r*.., rr. ,.u, y"" *r- When the case gets to.court, you would be filing a num_ pleadinp like an ani&er to the customer,s :f P. complainq denying your client's Iiabirity or minimizing ir Further dovrr the road, you would probaliy fiI. hj* assorted pleading.s, m3tions, oppositions, replies, reioinders, memoranda, aad f* Aod if you were m be &e who is also a lawyer, iodg.,'h"o. and must decide the casg yoo oro,rli ,o put yout deci_ sion in *itirg, announce its results, ,*o.^t to the parties your reasons for the decision. Under our laws, ,h. *i p#;;; You will discover.e of ideas always profits from it AII that is required is an open mind. As a rule. When this happeasr'your case would be decided oo . But the fact that you have gotten this far in your studies gives you the dght to assume that you have the grft to write. Consequently. or simply examine the records. too. aparr ftom leaming the geoeral structure of effeaive legd writing this book will do more. and make'yout *itirg come through to your reader clear$. that the relevant facts in a case arc fx from organized and come mixed up with the irrelevant. Four. This book will show you how to edit your work. .' The pdncipal aim of this boekis to hetp you write plead* ings. T1re isiul does foruo opirrioo o.r. must complement your kaowledge of the facts to prepare you for the job of writing to persuade your reader to your point of view.lp you correctly identifr the issue or issues in a case. The strength LscAL W'nrrwc of your decision lies in the validity and persuasiveness of the opinion supporting it. If you aqgue the^ wroog issue. Aims of the Book . pleading what the nrdder does fot a ship. This book will also help you find the larv or rule that applies to your case given the nauue of the lqgal dispute iavolved in ir You will discover that laws are not restricted to those enacted by duly constituted legislative bodies called "satute law." Your knowledge of the law involved in your case. it would be like pointing your rudder to the wrong ditection such thet your argument would rrot rouch port and miss the real issue that the case llresents. tighten your sentences. You cao get there if you persevere in the lessons of this book Two. memotanda and orher position paper$. is legal writing. Three. both statute law and case la. All you have to do now is improve on your gift. Five. where courts inteqpret laws as these apply to specific cases." A great body of laws also evolves from iudicial precedents. cases will not come with the facts all sorted out for you. urill also show you the importance of a closing satement and how you could prepare a most effective ooe.FuxoarcNrars op Lrcar lfnmNc entitled to know why they won or lost a case. This book will help you pack power into your arIt will show you the elements of balanced presen^ tation of those arguments and what it takes to destroy the argument of tle opposite side while building up your own. Si:r" This book aims to help you write beter. This book will help you identify and put together the facts on which the issues of a case will be decided. This book *ill h. A number of legal*itiogprescdptioas in this book may appear controversial to some but controversies initiate discussion and the fiee markepl". This. hold interviews with the parties involved. lqgal opiaions. as you study the documents. You can avoid this. Some say that the ability to write well is a natural gift that is not available to all This mrght be rue. This body of laws is refered to as "case law. He who is able to extract and organize the relevant facts would have the advantage of arguing from unclutteted truth. It gumeots. dearly and convincinglS and torwin others to yotrr point of view.n issue that you choie not to be heard on. One. iltemoranda. A 'Whea a person renting an apartrnent at g. It is this denial that tenders a legal dispute..rch a dispute. Meaning of legal dispute For the pu{pose of this boolq there is a lQ*rl4rre when . The Legal Dispute A lryal dispute lies at &e heart of every case. be a legal dght since courts will uphold and vindicate only . Of coursg the greatest secret of suc* cess rn vrititrg well is in constandy striving to use what yo-u leam Theywillnotwork unless you Put them into pmctice 2.Ily could not pay the agreed monthly rents yet refuses to leave his unig a legal dispute arises. This consists of (a) the apartment ownet's claim that the tenart fails to pay the agreed monthl1r rents yet refuses to leave his unit and (b) the tellant's derdal of the clairrr You have in dris case a dght protected by law. In facg most of yo* qdring assignments as a huyer would probably be devoted to aryqing and resofing q. aod convincing pleadings.F${oaMsNTArs or Lrcar lfrmNc Mastet a few refurbished techniques collected in this book and you are oa your way to prepering adequate.ulegal dispute in this sense is akin to a cause of action iu a civil suit in which the defendant denies the chim against him. lqgal opiniofls. arid a denial of the allegation---a legal dispute The right clainred to have been violated musq of course. an alleged violation of such rieht. dear. and other position PaPers. Likewise. he cannot file a larrsuit to compel its issuance since Philippine laws do not graflt him that right.i*on defrauds another by selling a fake Rolex watch to "him for the price of a genuine one? This consists of (a) the State's charge that the accused deftauded the complainant by selling a fake Rolex watch to him fot the price of a genuine onel ard (b) the accused's denial of the chatge. the dispute over the demand that Filipino rather than English be made the m'edium of instruction ip atrl Ieve. Rerxrritten in the fomrat of . Put in the fonoat of an issue.ls of education is not a le'gal dispute since it does not involve afl actllal violation of iome right Ttre controversy. althouglr of pgblic interesg will:not to be resolved by litigation but by legislative action. In Its significance in legalwriting it imporant in legal *ritiog that you are able to identify the legal dispute involved in a case? \V'hy is knornr and Since a legal dispute involves a violation of a rigfrt protected by law or which violation the larr punisheg f.othifig less tlan thc rcsolution of such dispute could properly end it Preciseln we say that a legal dispute is at the heart of errery case subject of legal writing because it is like a tumor tbat would not go away until it is excised. For insance. Buq if the U. a criminal case. embassy denies him the visa reqrired fot entry into that coutrry. ptovides the principal issue in every case.nd (b) the tenant's denial of the claim." Take also the case of the person who tifuses to pay his debt. the tegi'dispute.g"l dispute and the princtpal issue As a rule. an alleged violation of the right. Again.S. contributing nothing to its final termination.Tnr Ircar. That is how important it is! L. you have here a dght protected by law. the legal dispute consists in the State's the accused has violated its right to compel obedithat claiar ence to its larilIs and in the lattels dedal of the daim at his arraigrmenL So what does the tegal dispute consists of wtren p. recast in the format of an issue. the principal issue is *whether or not the tenant fails to pay the monttrly teuts yet refuses to leave his unit. We said that the legal dispute lies in (a) the creditor's claim that the debtor unjusdy refuses to pay his debt under a promissory note that he issued in favor of the creditot and (b) the debtor's denial of such a claim. What is the legal dispute when a Person allegedly refuses to pay his debt? The legal dispute lies in (a) the creditot's claim that the debtot uniustly tefuses to pay his debt under a ptomissory note that he issued in favot of the ceditor and (b) the debtotts denial of such a claim. and a denial of the allegation. Take the earlier case of the tenant who could not pay the agreed monthly rents yet refuses to leave his apartrnent unit We said that the legal dispute consists i" (u) the apertrnert owtret's daim that &e tenant fails to pay the agreed monthly rents yet refuses to leave his unit . Drspur. a Filipino may claim tlmt he deserres to be allowed to travel to the Udted Sates. Frxoarrmxrars or I-pcar WtmNc those rights that are established or recogqized by law.. if you fail to correctly identifr the legal dispute and ad&ess ig you would iust be running around in circles. Consequently. tlre principal issue is'(whether or not &e accused defrauded the complainant by selling_a fake Rolex watch to him for ttre price o{ genuine one.FuNoarvmNrars or THB Lrcar. and (b) the respondent's denial of that daim. Ttansfomred into an issue." In the cdminal case discussed above." phat does the legal dispute consists of when a building official issues to the owner an occupancy permit for a building with inadequate fite exits? It consists of (a) the complainant's daim that respondent buitding official issued to the owner an occupa$cy permit for a building with inad*quate fire exits in violation of Section 3(e) of Republic Act 3019. Any argumeot that does not touch base with the princir pal issue or issues (there could be more than one principd issue involved in a case) would be quite useless and a waste of time. the pdncipal issue is 'cwhether or not respondent building officid issued to the owner an occupancy permit covering a building that has inadequate fire exits in violation of Section 3(e) of Republic Act 3019. we said that the legal dispute consists in (a) the State's charge that the accused de&auded the comphinar* by selling a fake Rolex vratch to hisi for the price of a gequine onq and O) the accused's der-rial of &e charge. Recast as an issue.' Impo*ance of principat issue 'il0hy is knowledge of the principal issue important to you? It is imporant to you because your cas€ will be decided for or agaiast you based on that issue. Drspure LacAL Wprrn*c an issug the pdncipal issue is rcwhethet ot not the debtor uniustly refuses to pay his debt under a promissory note that he issued in favor of the creditor. . It is impottant because you judge the significance of every argumeflt that you want tc use to persuade yout reader by its relevance to the pdncipal issue. Documents Similar To Fundamentals of Legal Writing Pages 1-9Skip carouselcarousel previouscarousel nextLegal Writing-Journal of Legal Writing Instituteuploaded by accuresultLegal Writinguploaded by AsiongLegal Writinguploaded by Yj Zach G. ChuLegal Writing 201uploaded by woodruff1Legal Writinguploaded by Burn-Cindy AbadLEGAL WRITINGuploaded by bat_21Legal Writing - Course Syllabus (1E S.Y. 2014-2015) (PDF)uploaded by j531823Philippine-Legal-Research.pdfuploaded by Red PasionLegal Research Notes (Book of Milagros Ong)uploaded by ChengChengStatutory Construction - Diazuploaded by Archie AgustinEffective Legal Writing-2uploaded by Neil Christian A. OcoCriminal Law I Digests (1st set)uploaded by Foxtrot AlphaLegal Writing REVIEWERuploaded by Sam ReyesLegal Writing Tabucanonuploaded by Karl Mitzi Faith DalmanJustice Abaduploaded by god-winStatutory Construction Case Digestsuploaded by Katreena BisnarFundamentals of Legal Writinguploaded by Jemuel Bayotcanon 1-13 code of professional responsibilityuploaded by Sheila Eva InumerablesLegal Research by Milgaros Santos-Onguploaded by patrickPresentation Fundamentals of Legal Writinguploaded by Ahmedy PSpouses Delfino vs St. James Hospitaluploaded by Pio Guieb AguilarLegal Writing REVIEWERuploaded by misse101Prudential Bank vs Castrouploaded by Kenneth FabiaStatutory-Construction-Diaz.docuploaded by KPPLegal Writing Reviewuploaded by Marc VenturaPlain Language Legal Writing-Cheryl-Stephensuploaded by Mitchell DavisRepublic vs. Valencia - Case Digestuploaded by Crisostomo Grajo-HalninAbs-cbn v. Office of the Ombudsmanuploaded by law mabaylabayEffective Legal Writinguploaded by KJMore From Anonymous kCX0FoSkip carouselcarousel previouscarousel nextMerrill v Yeomans.docxuploaded by Anonymous kCX0Fo2 RR 2-2011 (de Minimis)uploaded by Anonymous kCX0Fo4 Estreller vs Ysmaeluploaded by Anonymous kCX0FoKasambahay Lawuploaded by Anonymous kCX0FoKilosbayan vs Moratouploaded by Anonymous kCX0FoPart 9 Dispute Settlementuploaded by Anonymous kCX0FoValue-Added Tax. Abridged Syllabusuploaded by Anonymous kCX0FoCTA_00_CV_05665_D_2000AUG11_ASS (1)uploaded by Anonymous kCX0FoCTA_00_CV_05926_D_2000OCT17_REF.pdfuploaded by Anonymous kCX0Fo2 Pirovana vs CIRuploaded by Anonymous kCX0FoCTA_1D_CV_06185_D_2004OCT26_ASS.pdfuploaded by Anonymous kCX0Fo3 Lucena Grant vs Jac Lineruploaded by Anonymous kCX0FoDONOR_S TAX.syllabus.abridged (1)uploaded by Anonymous kCX0FoIRR Probation Law (Part 2) (1)uploaded by Anonymous kCX0Fo2 Eisner vs Macomberuploaded by Anonymous kCX0Fo1 Abakada v Purisimauploaded by Anonymous kCX0Fo3 National Federation of Labor vs CA.pdfuploaded by Anonymous kCX0Fo82.BM.vat on Loans to Affiliates.jla.03.12.09uploaded by Anonymous kCX0Fo9 People vs BASEuploaded by Anonymous kCX0Fo01.01 Chords.pdfuploaded by Anonymous kCX0Fo6 People vs Quizonuploaded by Anonymous kCX0Fo6 Arco vs Samahan Nafluuploaded by Anonymous kCX0Fo5 Rubi vs Provincial Boarduploaded by Anonymous kCX0FoThesis Chik Listuploaded by Anonymous kCX0Fo8 People vs DM Consunjiuploaded by Anonymous kCX0FoAIT KSS 24 Advance Rental Security Deposits.pdfuploaded by Anonymous kCX0Fo09.BM.Knowing Your Local Business Tax Concerns.10-11-07.JLA (3).pdfuploaded by Anonymous kCX0FoCTA_EB_CV_00367_D_2009JAN29_ASS.pdfuploaded by Anonymous kCX0Fo03.02 Descending 6-5uploaded by Anonymous kCX0Fo01.07.01 Voice Leading Example 2uploaded by Anonymous kCX0FoFooter MenuBack To TopAboutAbout ScribdPressOur blogJoin our team!Contact UsJoin todayInvite FriendsGiftsSupportHelp / FAQAccessibilityPurchase helpAdChoicesPublishersLegalTermsPrivacyCopyrightSocial MediaCopyright © 2018 Scribd Inc. .Browse Books.Site Directory.Site Language: English中文EspañolالعربيةPortuguês日本語DeutschFrançaisTurkceРусский языкTiếng việtJęzyk polskiBahasa indonesiaMaster your semester with Scribd & The New York TimesSpecial offer for students: Only $4.99/month.Master your semester with Scribd & The New York TimesRead Free for 30 DaysCancel anytime.Read Free for 30 DaysYou're Reading a Free PreviewDownloadClose DialogAre you sure?This action might not be possible to undo. Are you sure you want to continue?CANCELOK