MEMORANDUM WRITING

(For 2011 Bar Examinations)

Dean Lope E. Feble
THE WRITING PROCESS

Struggling writers think that others the natural

writers somehow find writing easy. They think that those
lucky few are gifted with an ability to sit down and
immediately write a polished draft.

The truth is that writing is not easy; and a skilled

writer has developed his or her talent by mastering a
process that leads to a clear, well-organized detailed final
draft. The process is not the same for every writer. We all
begin, stop, make progress, stop and begin again. Thus,
the process is sometimes recursive rather than direct. We
can, however, identify three stages in the writing process:
(1) pre-writing/planning; (2) writing/drafting; and
(3) revising/editing.
PRE-WRITING

Most students and even lawyers who have

problems in writing spend too little time in the pre-
writing stage. They begin to write before they are
clear about what they intend to say and about what
strategies and steps they mean to use. These
students and lawyers know only where they are to
start and roughly where they intend to arrive. Too
often they end up somewhere else. Even if they do
arrive at the planned destination, they may have
traveled a circuitous and long path to get there.
There is a better way.
 Before beginning to write, you must be clear
about purpose and audience/reader. You must
have analyzed the problem, established a
solution and developed a strategy for explaining
that solution. You must have organized your
ideas so that you know where you are going
before beginning to write.
PURPOSE

The first consideration in pre-writing is understanding

the purpose of the writing assignment.

In the bar examination, you may be asked to discuss

and decide all issues, or the rights and liabilities of all the
parties, or to address particular issues. Those writing
instructions are sometimes referred to as the call of the
question, and they established your immediate task.
There is, however, more to purpose than the call of the
question. You must think of the writing assignment as the
place where you will demonstrate the clarity of your
thinking, your skill in analysis, your ability to explain, your
logical reasoning, and your clear and effective writing.
 The purpose of a memorandum
assignment is not only to determine if you
can arrive at a right answer, it is to test your
ability to analyze, synthesize, organize, and
explain the law. When you understand that
you have to do much more than come up
with the right answer, you can begin to
plan a successful response to a
memorandum writing assignment.
AUDIENCE/READER

At first glance, the question of

audience/reader may appear to have a simple
answer: the bar examiner is your
audience/reader. But to understand the
importance of your audience/reader in your
writing, you need to ask a few more questions
and clarify your assumptions. It is true that you
are writing for the bar examiner, the one who
will evaluate your work.
 What is it about your audience/reader that will
help you prepare to write? What will your
audience/reader be looking for? What will appeal
to him? What is expected of you?

The answers lie not so much in the personalities

of the bar examiner/s but in their shared
expectations and assumptions. The
audience/reader for memorandum writing expects
rational, logical discussion. Your reader wants to
see a clear demonstration of the depth of your
understanding, the quality of your analysis, and the
clarity of your expression. Your bar examiner
doesnt want conclusions that are not fully
supported. It is these qualities that will help you
shape your memorandum.
ANALYSIS

In your examination in memorandum writing, you will be given a

problem to solve. You must examine the hypothetical situation,
distinguish between relevant and irrelevant facts, spot the issues,
apply the law to the given facts, and lead your reader through your
reasoning process to a logical conclusion. You may use a number of
problem solving strategies to analyze the question and identify the
issue/issues and the key facts.

Here are some analytical techniques.

1. Brainstorming. This involves an unrestrained flow of ideas. The

key to brainstorming is turning off your internal cursor that says No,
that cant be right; or But Im not sure about that. As you read
through the fact pattern, make notes indicating all possible issues or
sub-issues you can imagine. Note the arguments, reasons, points to
consider, supporting evidence everything that you can think of that
could bear on the issue. Establishing the relative order and importance
of your ideas will come later. Even if you decide to delete later, this
free flow of ideas can help you examine all the possibilities you can
imagine.
 2. Graphics. Many of us can understand things better if we prepare a
graphic representation of the situation. We can create a time line to help us
keep a sequence of events clear in our minds. We can sketch out the details
of a traffic accident or the location of houses or property. We can divide
assets and liabilities graphically and see their relationships. We can draw
lines between related items, circle others, and help ourselves to see things
that words may not make clear.

3. Anticipating counter-arguments. Another important technique in

analyzing the problem is consciously to anticipate all defenses, counter-
arguments, and alternative reasoning. You have to examine all issues from all
sides before reaching a conclusion. If you dont try to anticipate counter-
arguments, you may wind up with one sided and unconvincing analysis.

This method of analysis is called in rhetoric the proleptical argument.

The writer anticipates and counters any opposing arguments. Your task is
similar. You must identify all defenses and arguments counter to your own
position. You must then discuss them, showing how you reached your
conclusion. Make this a conscious step so dont overlook contrary evidence.
 4. Organization. Some orderly sense must be made of all those
notes and diagrams you have compiled. You need to decide what is at
issue, what facts are important, and how to demonstrate your
impeccable logic as you explain the whole situation to your reader.

5. Outline. Too many students and lawyers, after spending some

time determining the issues, skip the next step. They begin writing
before composing any kind of outline. However simple, an outline can
help. Taking just a few minutes, even at the beginning of a timed
examination, will allow you to spend less time juggling and twisting
ideas and evidence while writing. It can prevent those paragraphs that
begin, As should have been mentioned earlier.

An outline can also prevent those hastily written paragraphs in

the margin, connected to the main body of the paper by strange lines
and arrows. It can also force you to include all important steps in your
reasoning as you examine the outline. Above all, an outline can help
you avoid straying from the point.
WRITING/DRAFTING

We have to think about the writing or drafting stage of

the writing process in two (2) ways. In the case of a timed
examination, like the forthcoming bar examination, your first
draft is practically also your final draft. You may have time to
do a little editing and may be some minor revision.
Researched assignments, on the other hand, allow for major
revising and editing.

As you write either kind of draft, however, you will have a

number of writing concerns to keep in mind. You need some
ideas about introductions and conclusions, about unity,
clarity, and development, and about mechanics, transitions,
usage and style.
 Introductions and conclusions. Too much
concern with an introduction is a waste of
time. You are not scoring any points until you
say The first issue is . . ., or The only issue is
. . . Some professors or instructors prefer no
introductions at all. For others, a few lines
referring to the case or situation in question is
enough.

The introduction should only serve to get

you into the problem. Once there, you will be
able to address the first cause of action, or
substantive issue or procedural issue.
 Conclusions should be thought of in two (2) ways. First,
each issue you discuss requires that you reach a conclusion.
You have to decide if the defendant had a legal privilege or
right to act as he did, or if an act was the proximate cause
of a particular injury. In that sense, you will have a
conclusion for each issue, and each conclusion acts as a
signpost showing where you are in your analysis. You will
then be able to decide whether someone has liability, or
whether someone should be charged with a crime.

You need not have a separate conclusion at the end of

an examination in memorandum writing. Because you have
already offered conclusions for each issue, a separate
paragraph summing up the various actions would only be
redundant. The more issues you discuss in your answer, the
less effective is a separate concluding paragraph. Instead,
be sure that you provide clear, supported conclusions
within your paper as you lead the reader through your
reasoning on each issue.
THE ABC OF EFFECTIVE WRITING

A memorandum has to be accurate, brief and clear

to be effective. Let us discuss these qualities of
effective writing: ACCURACY, BREVITY, CLARITY AND
COHERENCE.

1. ACCURACY.

The first quality of effective memorandum writing

is accuracy. This quality is primarily concerned with the
way you present your statements of facts and lay down
the grounds and basis for the relief/reliefs prayed for in
the pleading.
 Accuracy requires a student or lawyer to set forth the
facts and the law with honesty, candor and specificity.
Candor and honesty will certainly inspire confidence. For
instance, you should see to it that all your assertions of
facts must be supported by the record because a diligent
examiner or litigants lawyer or a judge will in time ferret
out unsupported material.

Inaccuracy in the statement of fact whether arising

from mistake or from intentional misstatement, inevitably
tends to invalidate the conclusions drawn therefrom.

A memorandum is accurate when it conforms to the

facts, law, and settled jurisprudence. It must be written in
correct English. The requirement is to cite the law without
misrepresentation as to its applicability or meaning, and to
rely on jurisprudence which is appropriate, controlling and
relevant.
2. BREVITY.

Brevity means putting only so much as

needed into ones memorandum writing. The
length of a memorandum depends on the facts
and the issues involved. Brevity requires mastery
of the facts and the law, careful planning,
condensation, and attention to the essentials.

The writer of a memorandum should not be

reportorial. He must know how to synthesize,
summarize, and simplify.
 A memorandum made unusually long, without any
effort to separate the material from the immaterial, is to be
condemned. Legal writing should be taut, clean and clear,
without an ounce of fact or an excess word.

Ideally, memorandum writing is taut. To tighten your

style, run your pen through every other word on the page.
Strike out every slack syllable. Make every word tell.
Verbosity must be avoided. Verbiage should be rooted out.
These are not easy.

Brevity is not equated simply to the number of pages

in a memorandum. Thus, brevity should be flexible
standard of conciseness in relation to the complexity of the
case. A brief statement of fact, for example, is not
necessarily a statement containing a few short paragraphs,
for everything germane should be included. Events must be
described succinctly and testimony compressed.
 But achieving brevity is a difficult task. The
student or lawyer who writes a memorandum
must first master the facts and law and then
summarize them without distorting the true
picture.

Brevity should not ignore essential facts. Nor

should it ignore the evidence presented by the
opposing parties.

Edit your own work. Know how to cut it out.

Do not hesitate to cross out what is not necessary
to support your legal and factual conslusions.
3. CLARITY.

Clarity is defined as clearness, directness,

orderliness and precision of thought or
expression. To achieve clarity, a memorandum
should be easy to read and understand.

I will now discuss useful pointers in writing

your facts, texts, titles, and headings,
italicization, setting off words, numbers, date,
abbreviation, period, and quotation marks.
a. Facts

Facts refer to actual events which have to be in the

record of the case. They represent the reality of events
or things whose actual occurrence is to be determined
by evidence. Facts have to be established and have to
be in the record.

The facts should be presented in an orderly

manner.

The supporting evidentiary facts must be stated in

the memorandum for that statement is what is called a
finding of fact.
b. Text.

Avoid wordiness. Be simple minimize the use of

highfalutin language, legalese, and foreign words and
phrases, although they may add dignity and majesty to a
memorandum when used sparingly and in the proper context.
They expose not erudition but exhibitionism and amateurism
when excessively used.

Faulty:

In common or ordinary parlance and its ordinary

signification, the term shall is a word of command, one
which has always or which must be given a compulsory
meaning as denoting obligation. It has a peremptory meaning.
And it is generally known as peremptory or mandatory.

This paragraph is verbose.

Better:

The word shall denotes an imperative and

indicates a mandatory character.

Use specific words that are well-positioned. Vague

generalities say nothing. Worse, they may confuse the
reader. Learn when and how to put emphasis in your
statements.

Emphasize a group of words by giving more space

to the important rather than to the less important idea
of a sentence. Place the more important part in a
prominent position which is either at the beginning or
at the end of a sentence.
Faulty:

The rule is that no statute, decree, ordinance,

regulation, or policy shall be given retroactive
effect, unless explicitly so stated.

Better:

No statute, decree, ordinance, regulation, or

policy shall be given retroactive effect, unless
explicitly so stated.

This sentence can have greater impact when

emphasis is correctly placed on a group of words.
iii. Parallelism of Words.

Strive for logical and grammatical parallelism.

Faulty:

Respondent challenges the credibility of the witnesses who, he

says, are all bosom friends of the complainant, and their
testimonies contradicts one another.

Better:

Respondent challenges the credibility because they are all

complainants bosom friends, and because their testimonies
contradict one another.

The sentence is clearer and has an impact with the use of a

specific word or group of words (that is, because) to establish
parallelism.
iv. Consistency.

Be consistent in tone, tense, words and images.

Faulty:

There was no way the victim could ward off the accuseds
sexual advances. The accused, being armed and bigger than
her, overpowers her.

Better:

There was no way the victim could have warded the accuseds
sexual advances. The accused being armed and bigger, easily
overpowered her.

Readers are distracted and confused when there is a shift in

verb tenses without warning. Consistent verb tenses clearly
establish the time of the actions being described.
V. Titles and Headings.

Use topics and titles for distinct ideas, headings, and sub-
headings. And use numbers or letters for enumerations and succession
of ideas.

Illustrations:

MEMORANDUM FOR THE PROSECUTION

THE CHARGE

In an information filed by . . . . .

EVIDENCE OF THE PROSECUTION

I. Testimonial Evidence
II. Documentary Evidence
 EVIDENCE OF THE DEFENSE

I. Testimonial Evidence
II. Documentary Evidence

THE ISSUES

I. Was the accused insane or sane at the time of

the shooting?

II. Was self-defense established or not?

III. What crime was committed: Murder or

Homicide?
 DISCUSSION

I.
THE ACCUSED WAS SANE AT THE TIME OF THE SHOOTING.

II.

SELF-DEFENSE WAS NOT ESTABLISHED.

III.

THE CRIME COMMITTED WAS MURDER.

PRAYER
VI. Italicization.

Non-English Words.

Italicize Non-English words. Non-English

words are those not found in the latest
unabridged Websters dictionary. When
necessary, include a parenthetical explanation or
translation immediately after the word.

Example:

Jueteng (Illegal numbers game) is a major

social ill in the country.
Name of newspapers and magazines.

Italicize the names of newspapers or magazines.

Example:

The notice of extrajudicial settlement was published in The Daily

Tribune.

VII. Numbers.

Spell out numbers zero to nine and use numerals for 10 and above.
Use commas for large numbers, that is, numbers of four digits or more.

Examples:

five
50
5.000
 If the number is significant, write it in both words and figures
and enclose the figures in parenthesis.

Example:

The accused was found guilty of eleven (11) counts of violation

of the Bouncing Checks Law.

1. Numbers-Grouped for Comparison.

If a sentence or paragraph compares numbers in a particular

category, use figures for all numbers in that category.

Example:

Exhibitors from six provinces came to the trade exposition: 20

from Bulacan, 19 from Laguna, 12 from Batangas, 7 from
Bataan, 30 from Cavite, and 21 from Pampanga.
2. Adjacent Numbers.

To clarify back-to-back modifiers, spell

out the smaller number: if the numbers are
the same, spell out one.

Examples:

The movie was interrupted by 13 ten-

minute commercials.

He bought ten 10-wheeler trucks.

3. Numbers that Begin a Sentence.

Spell out numbers that begin a sentence.

Example:

Two hundred lawyers attended the seminar, but only 75 stayed for
the cocktails.

4. Numbers in Dialogue.

Spell out numbers in dialogue, except numbers in large amounts.

Examples:

Meet me at the canteen in thirty minutes, he texted.

To be candid, that costs P500,000.00. he said.

5. Numbers in Common Expressions

Spell out numbers in figures of speech or certain

common expressions.

Examples:

Ten Commandments
top ten
roaring fifties
fifty-fifty chance
ten-foot pole
6. Ordinal numbers

Treat ordinal numbers the same as cardinal numbers. Spell out

the first through the ninth, and use figures for the 10th onwards

Examples:

She passed the bar examinations on his third attempt.

The 20th century ushered in computers.

However, in reference lists, footnotes, tables, use figures to save

space.

Example:

2nd [or 2d] ed.

7. Plural Form of numbers

a. Plurals of spelled-out numbers are formed by adding s or es.

Example:

The winning lotto ticket was two sixes followed by three eights.

b. Plurals of figures are formed by adding s.

100s
F-15s

8. Age

Age is expressed in figures.

Examples:

5-year-old child
9 months old
9. Percentage

a. Figures are used with either the word percent or the percent sign (%).
Place the percent sign directly next to the number.

Examples:

The Energy Regulatory Board approved the 1 percent increase

in rates.

The margin of error was .5%.

b. In pairs of numbers or numbers in series, repeat the percent sign.

Examples:

15% to 20%

30%, 40%, and 50%

c. When a percentage is used as a unit modifier,
no hyphen is necessary.

Example:

a 50% drop in price.

d. Decimals, not fraction, should be used with a

percent sign.

Example:

8.50%
10. Fraction

a. Spell out common fractions and mixed numbers and use a hyphen.

Example:

one-half
two and three-fourths

b. When whole numbers, fractions, and mixed numbers appear

together, use figures. When expressing mixed numbers as figures,
insert a space between the whole number and the fraction. Do
not use a hyphen.

Example:

The piece of plywood measured 2 by by 12 inches.

11. Decimal.

a. Use figures for decimals.

Example:

The typical Filipino household has 5.9 persons.

b.1. In text that mixes decimals and whole numbers, a

trailing zero is added to the whole numbers.

Example:

2.8, 3.5, 4.0, 5.0

 b.2. If any decimal number is less than one, a leading zero is
added. However, if the quantity will never be greater than
one, the zero is not added.

Examples:

0.2
.45 caliber

12. Voting Result

Use figures and the comparative term to when reporting

voting results.

Example:

The vote was 18 to 6 in favor of the proposal.

13. Currency

a. Place the currency sign directly before the number

Examples:

P500
$100

b. Repeat the currency sign with each number in a pair or

series. Do not use any hyphen when the currency
amount is used as a compound modifier.

Example:

P600 to P900 price range.

 c. Use currency abbreviation only when clarity requires it.
Leave a space after the foreign currency abbreviation
and before the indicated amount.

Examples:

Php 300
USD 400

14. Unit of measure

a. Spell out units of measure when first used.

Examples:

Six kilometers
240 square meters
b. Use figures with abbreviation, signs and symbols.

Examples:

6 km
240 sq m
90 C
9 MHz
c. Use a hyphen to join a number and a unit of measure
used as a modifier.

Examples:

25-kg sacks
6-cm board
100-m distance
15. Period of Time

a. Express time in figures followed by a.m.

or p.m.

Examples:

8:00 a.m.
2:00 p.m.

b. When referring to 12 a.m. or 12 p.m.,

eliminate confusion by specifying 12
midnight or 12 noon, respectively.
VIII. Date.

a. Either American method (month-day-year) or the British method (day-

month-year) of writing dates is acceptable. However, for consistency, use only
one method throughout the text and footnotes.

Examples:

Plaintiff filed his complaint on January 27, 2011.

Plaintiff filed his complaint on 27 January 2011.

b. When referring to a date by month followed by the day, do not use the
ordinal form.

Example:

The July 18 hearing.

x The July 18th hearing.
c. When indicating a date by month and year only, do
not place a comma before or after the year unless
the sentence structures requires a comma after the
year.

Examples:

Two lawyers attended the May 2011 deposition.

The hearing, which was scheduled for May 2011,

was postponed several times.

d. Spell out names of the days and months in the text

and footnotes Abbreviate only in formats such as
tables, graphs, and catalogs where space is a
consideration.
e. When indicating a period of several years, use to or through, not a
hyphen.

Examples:

Judge Yadao was on the bench from 1991 to 2010.

x Judge Yadao was on the bench from 1991-2010.

f. Use an apostrophe to indicate a period of time.

Example:

24 months incarceration.

g. Do not use an apostrophe to indicate a decade.

Example:

1980s
IX. Abbreviation.

On first usage, names customarily abbreviated are spelled out

followed by the abbreviation in parentheses.

Examples:

The Philippine Judicial Academy (PHILJA) is the education arm

of the Supreme Court.

The Department of Education (DepEd) filed a petition for

prohibition.

As a rule, spell out Constitution, legislative enactments,

treaties, executive and administrative issuances.

In exceptional instances when abbreviation are necessary, spell

out the abbreviated words on first usage followed by the
abbreviation in parentheses.
 After first usage abbreviate
specific parts of laws.

Example:

Section 5, Article VIII of the

Constitution enumerates the powers
of the Supreme Court. Sec. 5
includes the rule making power of
the Court.
 REVIEW OF THE RULES ON PUNCTUATION AND CAPITALIZATION

PERIODS, QUESTION MARKS, AND EXCLAMATION POINTS.

Use the Period

1. After a declarative sentence.

Example:

I will join you this afternoon.

2. After an imperative sentence ( a command or request)

Examples:

Go to your room immediately.

Please do as your instructor says.

 3. After question intended as a suggestion and not requiring an answer.

Example:

May we now tell you our version of the incident.

4. Outside the parenthesis when a parenthesis comes at the end of a

sentence that requires a period.

Examples:

Anas birthday party gave her an excuse for not going to the
wedding (which she did not intend to do).

When the entire sentence is enclosed in parentheses, the

period is placed inside.

Example:

Anas birthday party gave her an excuse for not going to the
wedding. (She did not really intend to go.)
 5. Inside quotation marks (never outside).

Examples:

He blurted, That was the craziest story Ive ever heard.

I shall read Rizals El Filibusterismo.

6. At the end of an abbreviation.

Examples:

Fri. Jan. e.g. Mrs.

But do not use the period if an apostrophe indicates omission of

letters.

Examples:

govt provl indl

Use the Quotation Mark ( or Interrogation Point)

1. To indicate a direct question.

Example:

Did you mean that we are really the

winners?

Do not use it in an indirect question.

Example:

He asked whether I would join him.

Use the Exclamation Point

1. In greetings and to express strong feeling:

surprise, admiration, appeal, disbelief.

Example:

Hello!
How can we ever thank you!
He really didnt say that!
Oh, you wonderful woman!
The comma:

The purpose of the comma is to make the sentence clear. In some cases, the
comma sets off certain elements; that is, it precedes and follows a given phrase. In
other cases, the comma separates the parts of the sentence.

Here are the basic rules of comma usage.

Use the Comma to Separate

1. Words, phrases and subordinate clauses written in series.

Examples:

Smoothing back his hair, fixing his tie, and looking at the mirror,
Ronilo thought of his date.

He remembered the corsage, the dance tickets, and his key to the
house.

He was glad it was a warm summer night.

Note: The comma before and separating words in series may be used or not.
Whichever rule you follow, be consistent.
2. The independent clauses of a compound sentence, unless those
clauses are short.

Ronilo walked to Jennifers house, and he nervously pressed his

finger to the doorbell.

3. An introductory adverb clause, participial phrase or series of

prepositional phrases.

Examples:

Because she came to the door so quickly, he thought she must

have been waiting.

Throughout the whole afternoon, Jennifer had been hoping that

Ronilo would come on time.

Do not use the comma in starry winter night or starry summer

night because the adjectives are not in a series. Starry modifies the
next two words, and not simply night.
Use the Comma to Set Off

1. Appositives

Jennifer, a pretty lass, invited Ronilo into the

house.

Exception: Dont use the comma when the appositive

and noun form a unit.

Examples:

My cousin Jennifer

The novelist Bienvenido Santos

2. Words in direct address.

Example:

How are you, Bert?

3. Reference to the speaker of a direct

quotation.

Example:

Jennifer, called her mother, where are

you going?
4. Introductory words, such as yes, no, why, well, now.

5. Parenthetical expressions. Those are words or

clauses that do not modify any part of the sentence.

Example:

Of course, I almost forget them, she said.

6. A contrasting expression introduced by not.

Example:

Susans mother said, I was looking, not for

your shoes, but for your gloves.
7. Every item of a date or address following
the first.

Example:

February 8, 1988, was a date he

could never forget.

8. A title following a name.

Example:

Antonio Eugenio, president

Use the Comma After

1. The salutation of friendly letters and the complimentary close of all

letters.

Examples:

Dear Carlos,
Your friend,
Very truly yours,

2. Digits indicating thousands or more.

Examples:

20, 320 1,213,505

Do NOT Use Comma

1. To separate a verb from its

complement.

Wrong: My favorite friends are, Alvin,

Aurora and Adoracion.

2. To separate a subject from its verb.

Wrong: That our educational system

must be revamped, is now evident to all.
 THE COLON

Use the Colon

1. After the salutation of a business letter.

Examples:

Dear Sir: Dear Mr. Navarez: Gentlemen:

2. To introduce a list, an illustration or a statement.

Examples:

I had only three problems: my forehand, my backhand

and my nerve.
Do not use a colon after a list introduced by a verb such as

My only problems were my forehand, my backhand

and my nerve.

3. To separate numerical hours from minutes.

Example:

9:30 a.m.

4. Between chapter and verse in Bible references.

Example:

Mark 4:16
 THE SEMI-COLON

Use the Semi-Colon

1. Between parts of a compound sentence

when and, but or have been omitted.

correct: We searched the whole day and

night, but the results were nil.

correct: We searched the whole day and

night; the results were nil.
 THE APOSTROPHE

The apostrophe is used in three cases: in forming possessives,

in forming certain plurals and in indicating the omission of letters.

Forming the Possessive

1. To form the possessive of all singular nouns and of all plural

nouns not ending in s, simply add apostrophe s (s)

woman womans
men mens
ship -- ships
mother -- mothers

When the singular noun ends in ce or s, it is often acceptable and

sometimes preferable to add simply an apostrophe.

Mrs. Rosales mother

2. To form the possessive of plural nouns ending in s,
just add an apostrophe nothing else

boys boys girls girls

coaches coaches

3. To show joint possession, change only the last

word to the possessive form.

Examples:

Rojas, Baclig and Mendozas law office (one firm)

Rose and Ginas house (one house)

Dont use the apostrophe

1. To form the plural of any noun.

friends moons nickels

2. With possessive pronouns; pronouns used as adjectives.

its yours hers theirs

Exceptions: Indefinite pronouns such as ones, nobodys everybodys

Words indicating amount in time or money, when used as possessive

adjectives, require apostrophes.

a weeks vacation

ten centavos worth

two years training

 Forming Plurals

The plural of letters, figures, signs and words

referred to as words is formed by adding an
apostrophe s.

gs two as
cross your Is
They look like ls

If the number is written out, do not use an

apostrophe; simply use an s.

ones twos threes fours

 Forming Contractions

A contraction is a shortened form of two words. Use the

apostrophe to show where a letter or letters were omitted.

its it is couldve could have

youre you are theyd they had
volcano explosion of 91 volcano explosion of 1991

Here are some additional common contractions:

arent hasnt wasnt

cant havent whos
couldnt hell well
didnt hadnt werent
doesnt Ill youre
dont Ive youve
 THE HYPHEN

1. The hyphen is used for continuation of words from one line to

the next. When you must divide a word remember:

a. Divide words only at the end of a complete syllable. Do

not divide words of one syllable. Thus, you cannot
hyphenate please.

b. Do not leave one letter standing alone. Thus, you cannot

hypenate among (a-mong), again (a-gain).

c. A syllable in the middle of a word usually, but not always,

begins with a consonant rather than a vowel.

Example:

trans-por-ta-tion
d. But when the suffix is pronounced as a separate syllable, the last
possible place of division is just before the suffix.

Examples:

self-ish think-ing

e. A word that ends in a consonant and doubles this consonant when

adding a suffix can usually be hyphenated between the double letter.

Examples:

stop-ping be-gin-ning

2. The hyphen is used between the parts of certain compound words.

Examples:

bother-in-law self-made
half-truth
 However, long usage has often resulted in
merger (cannot, textbook, headstrong,
graybeard).

3. The hyphen is used after the prefix ex and

before the suffix elect when they are parts of a
title.

The ex-President-elect The ex-Senator

4. The hyphen is used in writing compound

numbers from twenty-one through ninety-nine

sixty-nine one hundred and eighty-five

 THE DASH

1. Use the dash to indicate a break in thought or a

parenthetical thought.

Example:

I heard a rustling a noise that stopped as quickly as it

begun and I sat there petrified with fear.

2. Use the dash to join an uninterrupted series of numbers

in which only the first and last are stated.

Examples:

1956 1976 Chapters I IX

 Punctuation Pairs

Some punctuation marks appear in pairs. They enclose a word or

a group of words. These include quotation marks and parentheses.

QUOTATION MARKS

1. Use quotation marks to enclose a direct quotation (the exact words

of a speaker).

Example:

He said, I shall not fail you this evening.

2. When the quotation is broken by explanatory notes, use another set

of quotation marks.

Example:

I shall not fail, he said, to visit you this evening.

3. Do not use quotation marks to enclose an indirect
quotation.

Example:

He said that he would not fail us this evening.

4. Start a new paragraph when the speaker changes.

I shall be home before dinner to help you, Eduardo

promised.

I know I can count on you, said his father.

5. Use single quotation marks to enclose a quotation within

a quotation.
6. Use quotation marks to enclose the titles of short stories,
short poems, essays, articles and chapters. Titles of books,
magazines, etc. are underlined.

Example:

The short story, Man at Sea, came from the

book, An Anthology of the Worlds Best Short
Stories.

7. When you punctuate quotations

a. Always place the comma or period within the

quotation marks.

Example:

I read the story called The Pit and the

Pendulum, he said.
b. Always place the colon and the semi-colon outside the quotation
marks.

Example:

He recited the theme of Frosts Mending Wall: that

men can never learn to be good neighbors with a wall
between them.

c. Place the question mark and the exclamation point within the
quotation marks when the punctuation belongs to the words in
quotes. When it relates to the whole sentence, place it outside.

Examples:

Stop! shouted the policeman.

What is the name of Charles Lambs essay, Dissertation

Upon a Roast Pig?
9. Use quotation marks to
indicate slang or words
used in a special sense.
Example:
He was really in the
groove that night.
 ITALICS

This sentence is printed in italics.

1. Italics are used for titles of books, magazine, newspapers, works

of art (drawing or paintings, symphonies, sculpture), long plays and
poems and ships.

Do you like Juna Lunas painting Spolarium?

I read the Philippine Star everyday.

2. Foreign words are italicized, unless they have become

incorporated into the English Language.

Examples:

cest la vie coup detat

 PARENTHESES

1. Parentheses are used to set off lettered or

numbered divisions within a sentence or
paragraph.

Example:

The immediate result of the Civil War

were: (1) the Union was reestablished, (2) the
slaves were freed, and (3) it was determined
that states had no right to secede from the
Union.
2. To punctuate, follow these rules:

a. When parentheses occur within a sentence that

requires internal punctuation, never place a comma
before the first parentheses. The comma may be
placed after the second.

Example:

When Berting returned (so his brother told the

story), he was so excited that he actually wept.

b. When an entire sentence is enclosed by

parentheses, all punctuation should be within the
parentheses.
 THE COMPONENTS OF THE TRIAL MEMORANDUM

Professors and law practitioners disagree as to what a trial

memorandum should contain. Usually, a trial memorandum should
include the following:

1. The Parties
Names, relationship, litigation status

2. The objectives of the Parties

What each side is seeking.

3. The theory of the Litigation

The cause of action and the defense.

4. The facts
The facts that are key to the resolution of the issues.

5. The Issue/Issues
The questions of facts or law
6. Discussion/Arguments
The conclusions or answers to issued

7. The Reliefs
The reliefs prayed for the party (who is filing the memorandum).

Here is an explanation of each term.

1. Parties and their relationship, etc.

The names of the parties and their relationship appear in the

caption. When multiple parties are involved, list only the names of
the first litigant on each side. Even in captions reading In Re: or
In the Matter of . . . . . , there are at last two opposing parties, and
their names should appear in your memorandum. In this section of
your memorandum, indicate as well the status of each party, that is,
plaintiff and defendant, petitioner and respondent, appellant and
appellee.
2. Legal theories of the parties (causes of action and
defense/s):

These are the legal rules that form the basis of the
plaintiffs claim. The plaintiff always advances one or
more legal theories in order to obtain his desired
objective. The defendant may also advance one or
more legal theories if, instead of merely denying the
validity of the plaintiffs cause of action, he raises a
separate claim (an affirmative defense).

By theories of the parties, we mean a brief

statement of the legal grounds upon which each party
bases the right to obtain the objective it is seeking.

There are two types of theories present in all

litigations: the cause of action and the defense
 A cause of action is a legally acceptable reason for suing. It is legally
acceptable when it is based on a rule of law (e.g. negligence stature), the
commission or violation of which entitles the aggrieved party to sue. Since
a plaintiff, by definition, is the party initiating the lawsuit raising a claim
against the defendant, he/she must always state a cause of action in
support of that claim. There may be more than one cause of action in the
same lawsuit. The plaintiff may advance several different theories.
Moreover, it is possible for its defendant in a lawsuit to raise a claim
against the plaintiff called a counterclaim, which must also be supported
by a cause of action.

A second type of legal theory in every lawsuit is the defense. A

defense is a legal theory that is raised in response to and that attempts to
defeat the plaintiffs cause of action. Unlike a counterclaim, a defense
does not state a new claim against the opposing party. It only effect, if
successful, is to defeat the other partys cause of action and thus prevent
the latter from obtaining its objective.

Just as a cause of action is normally raised by the plaintiff, the

defense is normally raised by the defendant. However, plaintiff may also
have occasion to raise a defense. If, for example, the defendant states a
counterclaim against the plaintiff, the latter must in turn raise any defense
that it may have to that counterclaim.
 The most common defense is DENIAL of one or more facts
necessary to support the cause of action. The denial is based on a
different view of the same rule of law raised by the opponent. The
party asserting the denial is saying that the rule of law (e.g.
negligence, a statute) that is the foundation of the cause of action
cannot be established because of the failure to prove an essential
element of that rule of law. Thus, the theory asserted in a simple
denial is the legal insufficiency of the opponents theory.

There is a more sophisticated defense, often called an

AFFIRMATIVE DEFENSE. This defense requires the party to
affirmatively allege NEW FACTS in addition to those alleged by the
plaintiff. An affirmative defense is a rule of law or legal theory that,
like a denial is asserted to defeat the cause of action.

3. Facts:

The fact section of your memorandum contains a concise

summary of the information, often called key facts. Key facts are
those facts upon which the court will base its holding or finding.
4. Issues:

Issues are the precise legal questions that will be resolved by

the court in order to reach its decision in the case under
consideration.

There are two kinds of legal issues or questions:

(1) A question about how one or more rules of law apply to a

given set of facts. When a court answers this kind of question, it
does so in the form of a HOLDING.

(2) A question about what happened (e.g., who did what

to whom)

At a trial, both issues are present particularly to second. In

appeal, the first kind of issue predominates. Our primary concern
here is the first kind one involving the application of rule/s of law
to facts.
Legal issues are often phrased in one of two ways:

1. Shorthand statement of legal issue; and

2. Complete statement of legal issue.

1. SHORTHAND STATEMENT a shorthand statement consists

mainly of a rule of law along with one or two facts.

Was the driver negligent?

What standard of care applies to a driver of a public utility

vehicle?

Should the summary judgment have been granted.

The rule of law in question in each of the above statements

has been italicized.
 Shorthand statements of legal issues serve an
important function. One of the first steps in the process of
identifying facts is to state in shorthand each of legal
issues involved.

The danger in using shorthand, however, is that you

might forget that it is shorthand, and, as such, is
incomplete. Use it solely as a starting point. Your goal
should be to learn the phrase legal issues in their complete
form.

2. COMPLETE STATEMENT A complete statement of a

legal issue almost always has at least two parts:

(1) The rule of law being interpreted and applied or

portion of the rule that is the focus of the controversy; and

(2) The key facts that concretely raise this controversy.

 Example:

1. Was plaintiff aware of the danger that the flaming oil

spilling from the Meralco transformer above her car would
fall on her: (a) when she got out of her car upon seeing the
flaming oil fall on the hood of her car, and (b) after she was
out of the car, when she saw the flaming oil from the said
transformer coming and falling towards her and tried to
block it with her hare hands to prevent it from hitting her
face?

2. Was plaintiff negligent (a) in going out of her car

after seeing the flowing oil fall on the hood of the car and
while it was still splattering on the street where she was;
and (b) in trying to block with her bare hands the flaming
oil she saw coming and falling towards her after she got out
of her car to prevent it from hitting her face instead of
running away from it to a safer place in the street.
 Formulation (1) suggest that the rule or principle of law being
interpreted and applied is the doctrine of assumption of risk.
Awareness of the danger of incurring the injuries and damages
complained of and voluntarily exposing ones self to them are pre-
requisites for the application of the rule of law in question. Hence,
the presence or absence of these prime requisites are the key facts
determinative of the issue.

Formulation (2) clearly states that the law being interpreted

and applied is Article 217 of the Civil Code on the specific effects of
the plaintiffs negligence, i.e., when the plaintiffs negligence is the
immediate and proximate cause and when it is merely a cause and
when it is merely a contributory cause of his/her injuries and/or
damage. It also shows that the same key facts that will support the
first rule of law (doctrine of assumption of risk) will support the
issue of negligence of the plaintiff or are determinative thereof.
There is here an overlapping of the facts that are key to the
application of two rules of law, a common law doctrine and a
statute.
REVISING

The next step in the writing process, and one of

the most important, is to revise your draft. To revise,
you must examine your draft, looking at it again from
several perspectives, asking questions of yourself;
and changing, rearranging, or even rewriting various
parts.

Revision is a crucial step in the process. Revision

is your opportunity to delete sections you dont like,
rewrite to clarify, change the order to better
emphasize a point, and go into more detail in a
section you glossed over initially.
 Questions for revision Here are questions you
may ask yourself as you revise:

Is the issue clearly identified?

Have I included the theory of law?
Are there any facts that should be emphasized?
Have I left out any material facts?
Have I reached a logical conclusion?
Is my conclusion completely supported?
Have I shown the reader the steps in my
reasoning?
Is my writing clear and direct?
 Dont be reluctant to make changes in what you
have written. Very few writers produce final copy in
their first draft. Most of us have to re-arrange, add,
delete, and polish before we are satisfied that we
have a final draft.

Editing The last step in the writing process is

careful editing. Editing, as we use the term, is a
matter of cleaning up the writing by looking for
errors, usually in spelling, punctuation, or grammar,
and correcting them. The best time doing out of class
is only after you have revised and reached a final
draft. To edit a first draft. To edit a first draft is
sometimes to substitute the editing phase for the
revision phase.
 For a timed writing assignment, like the bar
examination, you dont have a chance to do much
revision. In that situation my best advise is to emphasize
the pre-writing stage and plan carefully because you
know you will be turning your first draft. Of course, if you
still have time to edit. You should try to save a few
minutes to reread your paper, looking for errors.

In conclusion, remember that writing is a process

and not a simple burst of inspired sentences. It involves a
number of stages. You must engage in the pre-writing
stage of brainstorming, analyzing, organizing and
outlining. You must draft your document as clearly and
directly as possible. And you must not fail to revise
carefully, considering the questions for revision I have
provided. Finally, you must proofread and edit before you
can submit your memorandum with confidence.
 TRANSITION Remember that it is important to think consciously
about the relationships among your points and ideas and to show those
relationships through same kind of transition.

Here are some transition words and their uses.

1. To indicate an additional idea: and, also, again, moreover, in

addition, likewise, next, too, finally, besides, similarly, another
reason.

2. To indicate an alternative idea: on the other hand, but, still,

however, though, although, yet, nevertheless, of course.

3. To indicate a conclusion: therefore, thus, hence, in brief, in short,

consequently.

4. To indicate an example: for example, for instance, that is, in other

words, namely.

5. To indicate a time relationship: later, earlier, before, after, when, at

the same time.
 Use connectors carefully.

Some connectors are CONJUNCTIONS: BUT, FOR, AND, OR

Others are ADVERBS: HENCE, THREFORE, HOWEVER,

SINCE, ALTHOUGH

Sometimes NUMBERS: more connectors

Sometimes a WORD REPEATED and preceded by THE or

this.

Sometimes connectors are not words at all, nut

PUNCTUATION MARKS.
Commas as connectors

In legal writing, do not omit the final

comma in a series, because its absence may
cause problems. For example in the
sentence, All of mu assets shall be divided
equally among my children: Ven, Victor,
Verna and Vener, how may divisions did the
testator intend? Should the assets be divided
three ways with Verna and Vener sharing a
third? If the testator had added a final
comma before AND, there would have been
no ambiguity.
Replace vague connecting words with specific words.

(1) AFTER studying hard, we found the final examination easy

RE-WRITE

BECAUSE we studied hard, we found the final examination easy.

(2) HAVING committed a heinous crime, the accused received the

maximum sentence.

RE-WRITE

BECAUSE he committed a heinous crime, the accused received the

maximum sentence.

(3) Try AND do your best.

RE-WRITE

Try TO do your best.

 Say it affirmatively.

Negative statements lack force. They merely deny, so

they are less forceful than affirmative statements.
Therefore, when possible, state your ideas affirmatively.

Compare the following pairs:

* He did not fulfill his duty

He failed in his duty.

* He did not carry out his contract.

He breached his contract.

* He did not carry out his responsibility.

He failed to carry out his responsibility.