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Candari, K-phren

Catarman, Isiah
de Castro, Marvin
del Rosario, Inah

A. Types of Legal Writing

1. Informative Writing
Informative writing conveys information on an issue involving the law
or a persons legal rights. This type of writing does not take sides. Its goal is
objective communication communication by predicting the laws path vis--
vis a set of facts regardless of who is involved.

Examples: memorandum, letters to clients, statements of facts in brief

2. Persuasive Writing
Persuasive writing convinces the reader reader to accept a certain
viewpoint. Here the writer argues for a particular side or perspective. He is
expected to use available legal tools to support his thesis. Those may be
pieces of evidence offered in court, sectors of the law, decisions of the SC,
and legal authorities on the subject.

Examples: academic legal writing, motion, pleadings

3. Functional Writing
Functional writing is designed for a specific use or result in law. Some
specific format, ceremony, or legal requirement be be present in this type of
writing. This type of writing need not be analytical nor persuasive. It is
enough to be accurate and completed and yet understandable.

Examples: deeds, wills, contracts, drafts of law, ordinances

B. Categories of Legal Writing

1. Legal Analysis
a. Predictive Analysis
1) Analysis
2) Prediction
3) Recommendation
b. Persuasive Analysis
2. Legal Drafting
C. Definition of Terms
1. Memorandum
A memorandum is a written note or record outlining the terms of a
transaction or contract. It can also be an informal written
communications used especially in offices. Legally it is a partys written
statement of its legal arguments presented to the court, usually in the
form of a brief.
2. Pleading
A pleading is a formal document in which a party to a legal
proceeding (especially a civil lawsuit) sets forth or responds to
allegations, claims, denials, or defenses.
3. Motion
A motion is a written or oral application requesting a court to
make a specified ruling or order.
4. Brief
A brief is a written statement setting out the legal contentions of a
party in litigation, especially on appeal. It is a document prepared by
counsel as the basis for arguing a case, consisting of legal and factual
arguments and the authorities in support of them.
5. Appellate Brief
An appellate brief is a formal court document that lays out all of
the arguments a petitioner or respondent plans to make on appeal. It is
filed by both the the petitioner and the respondent in an appeal file an
appellate brief.

Tabucanon, Gil. Legal Writing: A Competency-based Approach. Quezon City, 2010. Print.
Blacks Law Dictionary. 9th ed. 2009-2013.