You are on page 1of 2

CHAPTER 1 Legal Writing Legal writing is a type of technical writing used by lawyers, judges, legislators, and others in law

to express legal analysis and legal rights and duties. Legal writing in practice is used to advocate for or to duly express the resolution of a client's legal matter. Legal duty is the responsibility to others to act according to the law. Proving the duty (such as not to be negligent, to keep premises safe, or to drive within the speed limit) and then showing that the duty was breached are required elements of any lawsuit for damages due to negligence or intentional injuries. Leal right - clearly, right which exist under the rules of legal systems or by virtue of decisions of suitably authoritative bodies within them.

AIMS OF THE BOOK 1. To help us identify and put together the facts on which the issues of a case will be decided.

POSITIVE He who is able to extract and organize the relevant facts would have the advantage of arguing from uncluttered truth. 2. To help us find the law or rule that applies to your case given the nature of the legal dispute involved in it.

POSITIVE we will discover that laws are not restricted to those enacted by duly constituted legislative bodies called statute laws. Case Law a great body of laws that evolves from judicial precedents, where courts interpret laws as these apply to specific cases. 3. 4. 5. 6. To help us correctly identify the issue or issues in a case. To help us to pack power into our arguments. To help us to edit our work, tighten a-our sentences, and make our writing come through to our reader clearly. To help us write better.


Legal Dispute Any dispute in which legal claims are made. When party complains of a violation of his right by another who, on the other hand, denies such violation.

Significance in Legal Writing If we fail in to correctly identify the legal dispute and address it, you would just be running around in circles, contributing nothing to its final termination.

Importance of Principal Issue It is important because our case will be decided for or against us based on that issue.

CHAPTER 3 GETTING AT THE FACTS OF THE CASE THE FACTS OF A CASE When you study the facts of a case, you should not leave them until you have come to a complete understanding of what the case is about from every angle. LEGAL WRITING STANDS ON 2 LEGS: 1. 2. Facts Laws involved in the case

2 STAGES OF LEGAL WRITING: 1. 2. Pre-work beginning of the writing assignment wherein looking at the facts and evidence of the case is made available. (It always starts with getting the facts right.) Write-up - transforming sketches and summaries produced during pre-work into a full draft of paper, may it be a pleading, a legal opinion, a petition, a comment, a memorandum, a position paper, or even a decision. (Editing and rewriting will complete the write-up stage.)

THE PRE-WORK PROCESS 1. 2. 3. 4. 5. Establishing where the legal disputes lies in the case Discovering its relevant facts Knowing the laws or rules that apply to it Identifying the issue or issues that you would address Roughing out the arguments that you would use