LEGAL WRITING (Feb 3)

Google classroom code: tibe5v7y

Four basic steps:

1. Identify and analyze significant facts

TARP Rule:
Thing/subject matter
Cause of Action or group of defense
Relief sought
Persons/parties involved

2. Formulate legal issues to be researched

- Classify or categorize the problem into general, increasingly specific, subject areas and
to begin to hypothesize legal issues
- Need to consult general secondary source
- Writing a clear, concise statement of each legal issue raised by fact
- Arranged in a logical pattern

Issue
- legal question raised by the dispute; must be answered before a case can be resolved
- occurs whenever there is a disagreement or uncertainty about whether or how a rule of
law applies to a client’s facts
- precise legal question raised by specific facts of a dispute

Elements
- Applicable law – specific law
- Legal question
- Key facts

Types/Categories:
-Question of which law applies
-How a law applies
-Whether a law applies at all

Steps in identification of issue:

1. Identify each type of cause of action
2. Determine elements of each CA
3. Determine facts of case
4. Assemble issue from law and key facts identified

One sentence (specific law, legal question, key facts)

- Complete (all elements are present)
- Concise (stated in concise manner)
- Clear

HOW:
1. Present rule of law first, followed by legal question and the facts (recommended-
follows general legal format, easier to write)

Shorthand or Broad Statement

 - Broad formulation of issue that usually does not include specific facts or law
- Often used in conversation or oral comm
Ex. – did Mr. Dela Cruz commit VAWC? Did the court err when it granted motion
to dismiss?

Comprehensive/Narrow statement
- Most effective
- In one sentence, specific law, legal question and key facts are presented
- Communicates specific law that may have been violated in a situation and how a
law applies to that situation
- Conveys in terms and circumstances of the case, precise law and question in
dispute
- Ex. – Acc. to civil law on wills and succession is a will valid if witnesses are
brothers of the testator?
Importance of comprehensive statement of issue
- Directs research to specific area of law that controls question raised by facts of
dispute
- Sets scope of document, reader is informed at the outset what precisely is in
dispute
- Future researchers by merely reading the issue will know precisely what law and
facts, a document (memo) addresses

3. Research issues presented

4. Update

IDENTIFYING AND STATING THE ISSUE (Feb. 10)

Factual v. Legal Issue

 Factual – facts of case are in dispute, there is an issue of what the facts really are (what
is needed: evidence)
 Legal – when the facts are not in question anymore but it is only a matter of applying the
law to the facts (which law will apply)
Issue
 Legal question raised by dispute
 Must be answered before a case can be resolved
 Occurs whenever there is a disagreement/uncertainty about whether or how a rule of law
applies to a client’s facts
 Precise legal question raised by specific facts of a dispute

Types/Categories:
 Question of which law applies
 How a law applies
 Whether a law applies at all

Formulating legal issues

 Classify/categorize problem into general, increasingly specific subject areas
 Consult general secondary sources
 Write clear, concise statement of each legal issue raised by facts
 Arranged in a logical pattern
Elements
 Applicable law – specific law
 Legal question – question concerning law governing dispute
 Key facts- legally significant facts
Steps in identification of issue
1. Identify each type of cause of action and area of law possibly involved
2. Determine elements of each cause of action identified
3. Determine which facts apply to establish the elements of each cause of action
4. Assemble issue from law and key facts identified

Issue – Law component

 Present law in a broad context such as “corporations”. Include specific jurisdiction and
area of law
 May consist of either enacted law or case law

General Considerations
A. Name –do not identify people or events specificall by name
B. Approach
1. State question in context of general area of law
2. Identify specific law
3. Key facts
4. Put elements in sequence recommended: Law, Question and Facts
C. Multiple Issues – break question into individual issues. Address them one at a time.

Writing Legal Documents:

1. Office legal memorandum
- prepared for office use and may be referred to by different names
- most frequently prepared type of legal writing (legal research and analysis of legal issues in a
client’s case)..