“the language of law must not be foreign tothe ears ‘of those who are t6 obey i” — Learned Hand, judge and legal philosopher “the louryer’s greatest woopon is clarity, and its whctstone is sucinctness” CHAPTER! INTRODUCTION | ~ dude Prettyman Purpose: ‘Be ableto define logal writing its types and categories. Bo able to name e-amples within exch category. 1, LEGAL WRITING ‘A. Definition — legal writing isthe kind of writing used, by lawyers, law professors, judges and other workers ip ‘he field of Jaw to express legal rights obligations and, ‘tinions 1B. ‘Types — leg writing may be informative, persuasive or functional 1. Informative writing conveys information ou an {seve involving the law or a person’ leal rights. This type of writing do 2 “pak vieaue-a cot of fasts regardless of who ik2 LEGAL WRITING Acompetney Bad Approach vslablelga tools to support his thesis These may be pins of evidence offored in court, sections of the ‘deisions_of the Supreme Court law, ona. ‘Bxamples: academic legal writing, motions, pleadings and argument section of the brief. 8. Functional writing is designed for a specifi uss ot ‘emul in law These are deeds, wills. contracts ot ‘taflsof laws and ordinances" which legally bind {hose involved. Some specif format, ceremony ot legal requirement may be present in this type of ‘writing. Ths type of writing need not be analytical hor persuasive. [tis enough to be accurate ang ‘complete yet understandable, Tl. TWO @ BROAD CATEGORIBS OF LEGAL WRITING AL Logal Analysis 1. Preditoe Analysis — [A predictive document deals with a legal question in 3 ways: a, Analysis — The fete snd lowe ate_analvzed anise ltey, The facts are then applied {asthe law (or Jurisprudence’, and they are ‘nierpeted_acsoing 1. the meaning ofthe law, * Prediction — ‘Theontcomeafthelegal question, whether positive or negative, is predicted. ‘e Recommendation — The writar, based on the facts and law, gives his advice or recommenda: tion aa fo what isthe best line of ation under thecirmumstances, ‘Bxamples: opinion memorandum written for senior partners and legal opinion letter for clients, ‘The pinion may be in favor or against the ‘question raised by the cient. Predictive documents belong tothe infor- ative type af legal writing. cone 3 sTRODUCTION. 2. Persuasive Analysis — A persuasive document attempts to persuade judge, arbiter or any other deciding authority Examples: pleadings, motions and brief B, Legal Drafting : ‘This is the functional type of legal writing. Here z or ws, ana ‘bandbooks. Among the examples are: contracts, deeds (eg. of sale or mortgage) wills and testaments for private ‘persons and laws, regulations and ordinances which bind ‘the publie In general Legal drafting requires ologal authority. A separate subject inthe lat curviculum, “Legal Forms,” deals with ‘egal drahing. MIL, DEFINITION OF TERMS A. Memorandura— iterally tobe remembered” is paper that explains and summarizes specific points of law for 8 judge for another attorney or raion, Pleading — The farmal “The specific papers by ‘which te allegations of parties toa lawsuit are presented in proper form, specifically, the complaint of = plaintift fand the angeer-of-a-dofondant plus any additional ‘responses to those papers that are authorized by law." 778k memoranda hing tobe emember et Zing of meme ‘ands gece menrar alto nd ram mes nl eo mem $5 Orkin. sword win tthe topo ot by 1542 Kea to and ‘bower Omine Rome Die, brea ond, ‘Solansemaneran, let ysl Nerear 20 “Hnieadcocary betedionrycxc Wt vite: November ‘na, Ona a ancent Band, prt opposed Uneven ‘Rbwnel eh eysioed tir st Phir worted wel noah in ha cut ‘limb acu were er bac vein eee, ba re ‘Sau curiae King Sense ref. Frm te the far (Sho tele the neath cetyl ral cars bepan mer ed more 1 dsmand wen pangs hate party pnton nese.ea] 0A warren compen Rose Approach Motion — A.swritten or oral application made to 2 court, ‘orjudge taobiain a raling ar order directing thatsome act ‘bedane inavor ofthe applicant. The applicant is known, ‘a the moving party, oF the movant. Examples: ‘A motion to dismiss asks the court to diamisa an ‘action because the initial pleading, or eamplaint, fails to state a cause of ation or claim for which the law prov'des ‘a remedy. i ‘A motion for summary judgment, also known as ‘4 motion for judgment om the pleadings, asks the court ‘to make a judgment solely on the facta set coth in the pleadings, without the =occssty of tral. A eourt will ‘ant a summary judgment motion when the material facts ofthe ease are notin dispute and all that remains to ‘be determined are questions of law. Brief ~ A yritten docu:ren drawn up by an aoeney for, ‘apart in. lawanicor by appearing pro se that concisely states he fllrseing 1. issues of lawsuit; facts that bring the partes to cout; relevant laws that ‘can affect the subject of the te; and 3 | : 5 i F F + 5 F {some error or impropriety-that occurred during the {tial A statement of the issues presented for review, @ summary of how pertinent laws affect the fact, and & ‘Statement of the relief boing requested are ecscntil ‘laments of an appellate brit, The appellee's brief will cuarren 5 smRoDUCTION argue that the lower court acted propery in its judgment fand request its afirmance, while the appellants brie will attempt to convince the court to reverse or vacate the lower court's judgment because it acted improperly?CHAPTER II ‘SIMPLICITY “Plain language i, or should be, every bit as accurate and precise 1 traditional legal writing. It is clearer ~ considerably clearer. It fs unually shorter and faster. 1 strongly preferred by readers. I ‘mould greatly improve the image of lawyers." — Professor Joseph Kimble, Answering the Critiza of Plain Language "You are no iss a lawyer for being understandable” = Christopher T. Late Purpose: Be able to write simply. The student is expected to: a) use short sentences, asa rule; b) avoid wordy expreasions cliches and {autology; ) avoid elaborating on the obvion=# yet to Ube point soonest; ©) minimize the use of connectives and relative pronouns; 1 avoid convalnted word-constructions and g) replace mulisyllaLie terms with shorter, more understandable words. ELEMENTS OF LECAL WRITING ‘The elements of legal writing are: ) simplicity; b) laity, and e) persuasiveness. A. Simplicity Simplicity in writing means to write plainly and simply. To observe the rules on “economy of expression,” ‘each sentence must say what the writer means and means ‘what the writer wants to aay. Convoluted words and ‘word-constructions mit be avoided. This is best done by preferring shorter sentences, and choosing shorter words. ‘Repetition must aleo be avoided as much as posible. component. Every word that serves no function, every Tong word that could bea short word, every adverb which ‘carries the same meaning that i already in tho verb, weakens the sentence, We are a society strangling in Tinnecessary words, circular constructions, pompous fils land meaningless jargon. ‘Who can understand che visrous language of every- day American commerce and enterprive: tae business lt- ter, the interoffice memo, the corporatin report, the no- ‘He from the bank explaining its latast “simplified” state- ‘ment? What member ot an insurance or medial pian can Aecipher the brochure that tell him what his costs and Trenefts ure? What father of mother ean put together @ cllld's toy on Christmas Eve or any othor eve ~ from the {nstrurtons un the box? Our national tendency isto in flate and thereby sound important. The airline pilot who ‘wakes us to announce that he is presently anticipating ‘Cxperiencing considerable weather wouldn't dream of saying that theresa storm aheed and it may get bumpy. ‘The sentence isto simple — there must be something wrong with it B. Use short sentences Lawyers generally write in long sentences. A com plain, say, for replevin' may eontain paragraphs consst- ‘ng of oniy one sentence. For examplet “The herin plaintiff is willing ond ready to give a bond pursuant to the Rules of Court ‘executed in fosor ofthe defendant inthe instant fase in an amount double the valuation ofthe “ulject personal property above described, and forthe teturm ofthe same property if tke rturn in, W080, Writing Wl An Infra Cui Writing Nonftion, New Yer Harpe ow, 8_LeGaL WRETING Acampetency Based Apron thereof be adjudgo?, and for the payment to the same defendant of such amount as he may ‘recover from the plaintiff inthe herein action.” ‘The senteree above contains 76 words inno les than 7 separate thoughts, Whereas a good sentence typically ‘contains only one main thought in less than 25 words. By “typically” means that a sentence may have more than ‘one thoaght. Its howev-r preferable to express only one for at most to though's in a statement. Long sentences make one» writing unwieldy and feat to understand. They tax she reader's concentra ‘tion and memory. He will have a hard time figuring our ‘what the writer wants to say ashe wades through thiek- ‘ts of main snd eubordinats clauses. Our sample state- ment may be rewritten: “The plaintiff is willing to give a bond double the value ofthe property. He likewise un Udertaes to return the prenerty tothe defendant ‘or pay him auch amount if adjudged todo s.” While short sentences are recommended, one may cccasionally use Tonger ones for variety Mark Twain [tdvised writers to stick to short sentences. However, he ‘added: “At tires (the writer) may indulge himself swith alors one, but he will make sure there are hn folds in i, no vagueness, no parenthetical Interruptions ofits viet a8 @ whole; when he ‘has done with it, it won't be @sea-serpent with half ofits arches under the water i wil Be a torcelight procession.” ©. Omit needless words ‘Simplicity and economy are good qualities to have in legal writing. One must therefore omit unnecessary words ened Ereet Goern Ph Compt Plain Word, 16657 st US. dy hey Cl Rn We 80) ced by Wri re cuarren ° ‘Spuicrry RULES 1. Avoid wordy expressions ‘Simpler construction is preferred than using too many words to express an ide. Wordy: ‘The ears were bought forthe purpose of starting taxi Dbasines.| y Concise: ‘The cars were bought to start a taxi busines. Worl, ‘The brothers succeeded in baking two huge ice-cream cakes. Concise: ‘The brothers baked two huge ice-cream cakes. Word ____ Goncise answered in the afirmative [suid yes inthe amount of Fn exen nin the event of in [if __the event that_ in the meantime in the near future in the neighborhood of im this pluce view ofthe Tact that sine, because large number of many [major portion of [ost taking into consideration the [since fact that [here ran bene doubt that [doubtless with the exception of except with reference to! with regard [about aoA warms ‘ACanpetne Bed Appreneh 2. Avoid elaborating on the obvious ‘This means do not expand or restate the obvious. I bores the reader with information he already has. Wordy: Annie Bantug’s two sons, Kenneth and Julio play judo, ‘Concise: Annie Bantugs sons, Kevin and Julio play judo, Wordy: Needless to say, you are your mother’s favorite. goes without saying, you are your mother's favorite, Concise: You are your mothers favorit. Wordly: A baby girl was born to Spa, Reyes, Concise: A girl was born to Spe. Reyes 8. Get to:the point Omit unnecessary prelininaries, Wordy: We are very proud and happy to announce that our ‘office won the golf championship this year, Concise: Our ofice won this years golf championship, Wordly: There is no doubt that some people will disagree ith me, int im my opinion, flzmly believe that Concise: I believe that teachers should not run anymore as PTA. ‘board members, 4. Avotd tautology ‘This means doing away with unnecessary repetition of an idea in aifferent words, Wordy: ‘The guests stood up during the flag ceremony. Concise: ‘The guests stood during the flag ceremony. Wordy: Please vole out your opinion, Concise: Please voice your opinion, couarrent ” Wore Concise [actually happened pened [advance planning planning fany and all, al i was barn isl waa bor efor in th past before cheap in pie [cheap [combined tgetier feombined feonneet vp, end up, finish up, — feonnec, end, Rais, jin liacusted ina tak diseased [during the course of during fesch and every ach fequaly as levery once a while cin. awhile fatal death {death final destination destination rst and foremost for the purport of in color hopeful optimism fotimism ie throng Ihrong itand when ‘ny opinion Think hin ide of inside Invited guest | long length of ine flong tine | et up with meet ir eallees of tod |moder allows jumerous in number numerous eres (or only) fone and the same Joe or the same] past history history [rarely ever rarely [requirements needed for [requirements for round in shape round seesaw back and forth leceaw — ens I Girt, Moder Bal Acton lings: LC. HEATH & CO.‘oA warns current 1 ACampetney Bae Apprnch Shruicrry Se lamall Word: Her version is a strange ome. and all stil Concise: Her version is strange. ithe two twine te Ewing [throughout the whole night [Usroughout the night. , The phrase the fact that is often unnecessary. hatally destroyed destroyed rue ets facts Wendy ona [unexpected windfall windfall [verdant (or verdant) dae owing tothe fact that [since because calling your attention to the fat that [reminding you 5, Bliminate certain phrases in spite of the fact that although‘though ‘2. Wordy sentences may be "ade shorter by liminat- My attention was not called to [1 was not aware that ine “there,” “that,” “which,” “who is,"“as to,"“it or “one.” ‘the fact that Wordy: ‘There were eight members ofthe faculty who attended the fact that you have not succeeded [your failure the meeting the fact that you had enrolled ___|yous enrolment Concise: Bight faculty members attended the meeting. Wordy: This is topic that interests me, Concise: This topic interests me, Words: Thememorandum which Isenttoyou last weekexplained {in detail the background ofthe cas. ‘The memorandum sent to you last week explained tho case background iz detail. Wordy: Her cousin, who is an ssociate of the same frm, isa (CPALlawyer. ‘Concise: Her cousin, an assciste of the same firm, is a CPA: myer: Wordy: He is a man who does not ike litigation, Concise: He dislikes tigation. Wordy: ‘The question as to whether you or your husband should Sle the divore in Switzerland, Concise: Whether yor or your husband files the divorce in Switzerland. Wordy: It is. recommended that the compromise agroement ‘which was signed on April 2, 2005 be enforced. Concise: ‘The compromise agreement of April 2, 2005 should be enforced. Wordy phrases may be shortenci by eliminating propositional phrases Wordy: the leader ofthe unit Direct: un‘tlecder Wordy: the treasurer ofthe homeowners association Direct: the homeowners association treasurer Wordy: the employee with innovative ideas Direct: the innovative emplayee ‘& _ Aphrasemaybeconverted toa wordorbeeliminated altogether? Wordy Concise [ns por our telephone conversation[as we said/iscusted [as sn as posible by specific date) [ns the capability lean. [ake into consideration [onside Gyan Bar, A Manages Cae Mode! Memos New Yor MIF Boks, 1996 413408. mo ana : wae = me oe = ry —— fe = ees =e in a sloppy manner slonpily — “Acsuccession of loose sentences: ee FES Sealers ake Tome = eee ee i i eee ere rae Se ered es eae cap Sean ey eeaaee Pea = = Soy cease ae Sere ee — ees ees co Sowemene 2 ose eee a a See ae 7 eee eee ee ee oe are theresa at food. dies | eee ae fe ee ee eee ae ao Sa ee es {paramere febout, on frm in town, 6. Minimize the use of connectives and relative pronouns ‘Some writers habitually string together two or more sentences using connectives and relatives, Connetives may be: a) coordinate ‘conjunctions such ax “»nd” and "but™ which join clauses of equal tank; orb) subordinate conjunctions such ass,” "beenuse,” “if” “that? “though? which connect to the principal clause a clause of ‘minor rank. Relative pronouns or “relatives” relate to an antecedent ‘and invroduces a qualifying clause, et, Tet my cousins who taught sme bowling Bxamploofrelatives: Subjective Possesaive ‘Objective [she whose. [whom [which lof which whieh Tike crinatingenjnctinn are or; nor fre and. Asshown, a single centence composed oflanco clauses joined by ‘connectives may be recat in simple centences The result preserves the orginal tzought‘low of the writer without taxing the reader to go through great lengths. If anything clarity and conciseness is achieved leo possible to jon two clauses with a semi-slon instead ot connective.(CHAPTER Ill CLARITY “There is nothing as mysterious as something clearly seen.” = Robert Prost “The pric: of clarity, ofcourse, is thatthe clearer the document ‘the more obvious its substantive deficiencies. For the lazy ‘or dll this price may e too high.” ~ Rood Dickerson, Professor of Lav, Indiana University Purpose: Students are expected to: a) use conerete instead of abstract terms, b when abstract terms could not be avoided, tobaek them up ‘with illustrative examples c) avoid wide gaps between subject verb ‘and object; d) avoid nested modifiers; e) avoid dangling mosiirs, ‘avoid ambiguous pronoun referencr; g) avoid punetuations which ‘cause ambiguity) apply the seven rales of clear writing. 1 cLaRITY Clarity in writing results when the writer is able to xpress exacly (and unambiguously) what he wans to be reflected on hia work. The last thing a writer would want isto Confuse his readers. On one love, clear writing involves clarity of expression and sentence structure. On another, deeper level ‘lavty refers wu eloarnecs of one's logic and arguments. Clear expression happens when what one thinks is ruflected on that which one has waitten. To cheek if this has hhappened, the writer must re-read his work and lok at it from the point of view of the ordinary reader. The writer must check for ambiguities, that i, i some terms may have more than one meaning. Generally, what is unclear forthe writer is likewise ‘unclear forthe reader couarrer ” ‘A cardinal principle lear writing isto be coneree. This will provent ambiguity and room for misinterpretatin. ‘Many Filipinas are in favor of contraceptives” is abstract. when compared to “a 2007 research conducted by the Univesity tf Eastern Vieay= shows that 75% of Filipinos above 21 are {in favor of using condoms.” When one eannot help using an abstract statement, this must be llowed by conerete examples. USE FAMILIAR AND CONCRETE WORDS. Aristotle said that: “Side io be good must be clear..that speech which fil to convey a plain meaning wil filo do just tehat speech has to do...Clearness is secsired by using words {nouns and verb alike) that areeurrent and ordinary.” Plain meaning is a by product ofthe use of definite and ‘words makes one's prose indefinite and vague. Example: Abstract ‘She sustained bereavement of her paternal relative Conerte Hor father died Abstract er counset failed to come because of the onset of inclement weather. Conerte Her counsel could not come due tothe storm. Abstract ‘You need agricultural implements to do thejob of planting Conerte ‘You need a spade to plant treeseo warns ‘Ncampeteney Basel Approach ‘Tho use of nighfalutin words is often an attempt to cover for one's inability tobe definite or specific. For instance “birds of the same feather flock tether” cam become “celestial denizens of identical plumage congregate in their own proximity" "The graphic deseripton in Exodus 8:7 of Moses inflicting ‘plague on Baypt which originally reads: “He lifted up the rod and smote the waters ofthe river..and all the watere that were inthe river were turned to blood. And the fish that were in the river dad; and the river stank, and the Egyptians could not drink the water of dhe river; and there was blood ‘throughout the land of Ey. the hands of sentimertal and florid writers may become: “The water was impacted by his rod, whereup on a polluting effect was achioved. The consequent Toxifcation reduced the conditions necessary for the Sustenance of the indigenous population of aqratie tertebrates below the level of viability. Olfactory dis- ‘comfort standards were substantially exceeded, and potability declined. Social, economic and political tisorientation were experienced fo an unprecedente degree” ‘Thus, why say: “member of the feline family” when one is only talking about a “cas,” or say he “rendered a negative response on the subject of my solicitations” when tohet one means is he dented my request.” AVOID WIDE GAPS BETWEEN SUBJECT, VERB AND OBJECT A. Gaps ‘A sentence normally consists of a subject and a verb, withthe object Gf any) following the verb, ea, The Tawgyer shouted atthe witness, Ifthess three are placed in TF a, at order and near one another, the sentence becomes easily Understandable. Pulling modifiers between the subject land verb or between the verb and its objeet makes for tedious writing ‘With gap between subject and verb: “The plains, disgusted at how long it took {forthe court to deide such a simple eectment case, ‘ile a motion for early resolution.” Improved: “The plaintiff fled a motion fr early resolution. He was disgusted at ths court’ delay in resolving i simple ejectment ens.” 1B. Modifying the modifiers Partculacly avoid “nested modifiers” which modify ‘the modifier. When this happens, ake away the “nest” of ‘modifiers and make a separate sentence. ‘With Nested Modifier: “Antonieto Doro, who ‘as defendant’ unl ‘and smmong those defrauded Sy him, Bled before te court closed for Christmas vacation a Motion to Interven.” Improved: “Defendants ree, Antoniato Doro, Med a Motion io Tatecrcne before Une sourt closed [or Christmas vacation. He was among those (efrauded by defendant” Poor: “Maria, who at that time was carrying bundle of newiy-rinsed clothes some of which belong to plaintiffs son, while trying to eseape through the Dack gate, was caught by the plaintiff there.” Improved: “Maria was caught by the plaintif athe back gato as she tried to escape. She exrried a bundle‘ea wren. Acompetney Base Approach of newly-rinsed dathes, some of which belonged to plaints son(passive) The plaintiff eaught Maria atthe back gate 8 ‘he tried to escape, She carried a bundle of newly- Finsed elothes, sme of which belanged to plaintiff's son" (active) IV. AVOID MISP:ACED OR DANGLING MODIFIERS A. Concept ‘A modifier is a word or phrase that desribos or gives ‘more detail about a concept. A dangling modifier attempts to clarify a word not clearly stated in the sentetse. As a ral the writer has a fair amount of freedom where t9 place his modifier in sentence, eg, He edited the letter quickly He quickly edited the letter. Quickly, he edited the ltt In the above example, the thought ofthe sentence semains, When a modifier is misplaced, the meaning ‘changes singe the modifier appears to describe the wrong. ‘thing: For exampie: New Dalahit Municipal Elementary School (hich ie “ne,” “DalakitY or the “Elementery Seno") Our policy is to give our buyers the lowest possible prices and workmanship. (Surely the sop- ‘owner means "to give our buyer. worknvanship at lowest possible pics”) “Mental Health Prevention Center.” (A sign in ‘a hospital clearly containing a misplaced modifier. ‘What it means is probably “Mental Health Disease Prevention Center”) “Ribbos-eutting ceremony” (Better: “Cuting of the Rikbon Ceremony,” as its the ribbon being ext, ‘ot the ribbon that does the eutting) ‘CAgTY 1B. Rules in revising dangling modifiers 1 Place single-word modifiers near the word or phrases ‘that they modify, especialy if the modifier tends to ‘gerbe the wrong word. Poor: He almost ate all the,deserts in the party (here the subject as not yet eaten) Better: He ate almont all the desserts in the party. Poor: ‘The judge could understand the Hocano spoken ‘by the witnestes easily ‘Query: Did the judge understand “easly” or Aid the witnesses spoke “easily” Better: ‘The judge coul easly understand the Moeano spoken by the witnesses. Likewise, place the modifying phrase or clause closest to the word it modifies. Misplacing these modifiers next to the wrong word often seeentally ‘changes the meaning ofthe seutenc. For exemple: Poor: I heard that my wife intexded to throw & surpriee birthday party for me while I was outside her office window. Better While I sas outside her office window, heard that my wife intended to throw a surprise birthday party for me. Poor: “Three television sets were reparted stolen by the Dalahit City police yesterday.”ace wars Acampetney Bad Aporonch Better: “The Dalakit City police reported that three television sats were stolen yesterday.” ‘The wrong placement of modifiers ean have bourd results. For example: Poor: “Calf born to farmer with two heads” Better: “Calf with teo heads born to farmer” Poor “Paling a thousand feet from the cliff we finally saw Pagsonjan Falls.” Better: “We finally saw Pageanjan Falls falling thousand feet from the cliff” 8. By categorically naming the doer, « dangling modifier ean be eliminated. For example: Poor: Having finished washing the dishes, the door tune closed: ‘Since the doer of the action expressed in the participle having finished” was not clearly stated, The partcipial phrase becas:e a dangling mesifer. ‘The modifier modified nothing since obviously it was Tot the “door” that finished washing t= dishes. Better: Having finished washing the dishes, Mortha closed the door. \V. AVOID THE AMBIGUOUS PRONOUN REVERENCE A. Concept Careless use of pronouns can result in ambiguity problems, This occure when the writer allows multiple coupren 2 can antecedents as possible references to a single pronoun. Pronouns, when not placed properly, can point to <> fwrong noun thereby” changing the meaning of the ‘Mintence, et, "Your skills will surely benefit your friends obo mure to use them? The antecedent of them may be “lle or friends” making the sentence ambiguous How to avoid ambiguous pronoun reference 1, Toavoid confusion, ane must rephrase the sentence tn dearly identify the antecedent. For example: Poot: Robert’ father will use hia cor forthe pind, {snot clearly stated here if whose ear ill be used.) Better: Robert's father will ase Roberts car for the pieni, (if referring to Robert oF) Robert’ father will use the latter's ear forthe lente, (reforring tthe father) ‘2, Dernonstrative pronouns such as this, that, these, there, them should only be used when the antecedent is definitly established. or example: Poor: Repressed jealousy and hatred among brothers and sisters i counterproductve. You must get rid of ‘them, (Aoea he ref to jealousy and hatred o the siblings? Better “Repressedjacloury and hatred among siblings is counterproductive. You must get rid of these feelings. Sometimes the use of demonstrative pronouns is inherently ambiguous because the antecedent is not given but assumed,‘LecaL wRIMING -ACampetench Bese Apron For example: Poor: ‘That ie what I have been waiting to hear from you, (What does that refer to) Better: That pnrase “love thy neighbor” is what I have ‘been waiting t hear from seu. ‘VL. PUNCTUATIONS MUST AVOID, NOT CAUSE AMI- curry Punctuations are mars in written communication used to help the reader better understand the matcsal. One such ‘use sta eliminate ambiguly. Reckless use of punctuation ean Ihave abeurd results, ‘The ceral comma, which is used before the conjunction and or or in list of three of ore items, is a ease in point ‘Without the serial comme, the Governor and the President become codeachers the author inthis statement: “The wr‘er| aratefully acknoseledges the invaluable help of his co-teachers in the State Un‘versity, the Honorable Governor and the President ofthe Republic of the Philippines.” Wore, the sentence implies that the Philippine president 18 provincial governor atthe fcme time, The ambiguity can be cured by putting a serial Suinma after “governor” et, “the Honorable Governor, and the President ofthe Republic of the Phitppines” ‘The following sentence is ambiguous’ “I cook banano, carro, ube and chocolate cahes.” The reader would not know ‘if three or four cakes are being talked about. Putting a comma ‘fter “ube” indicates thatthe “ube,” and “chocolate” cakes are ‘separate (On the other hand, reckless use ofthe serial comma also results in ambiguity, eg, "he writer gratefully acknowledges the intaluable help of his mother, the Honorable Provincial Governor Else Eyplera, and the President ofthe Republic of the Philippines” Here, the author unwittingly made itappear that ‘the lady Governor is his mother when such isnot the ease eee cents So coapren = ‘CLARE ‘To avoid both eases from occurring, the sentence has tobe rephrased to avoid listing the items in an ambiguous manner. For example, after “mother,” put the emjunction "as wel as,” taf, his mother as well asthe Honorable Provincial Governor Elie splera..” ‘VIL. RULES IN CLEAR WRITING A. Beclear on your point ‘Good legal writing, asin all od communication for that matter, requires thatthe author must have a point, find ts clear sbout it, Writers who are not sure what they ‘want to say eannot be understood. Their work appears to Tamble, with the reader not knowing where he or she headed. ‘There are three ways to know when one is unsure of ths or her point: a) by over-dearbing the background to what one wants to say; b) hy being unsure whether one Teor or against a certain tape; and e) having too many points within one work, 1B. Make sure your point is communicated at once ‘As important as having # point, is to go direct to the point in one's paper. There is no use heving a log {Introduction and thea stating one point near the end. By this tim: the reader is either tired or puzzled not knowing, ‘where the material is headed, €. Have a structure, This is wisere you put your data, ‘analysis and argument "The inirodction, for example, must already contain ‘agummary or abstract ofyour work. The background must ‘nly be short overview ofthe problem cx legal concepts to De discussed, Extending an explanation ofthe background tll ie the reader, and wil give an impression that the Deckground is already the main concept discussed by the paper, The facts of @ particular case under study must ‘nly cite relevant detail. Putting in more will make the reading tedious. The analysis will discuss the writer's frguments. Here, the writer will cite facts, profs and teidenee supporting position Hie may alsocite counter proofs against his postion, and discuss how these wouldcompen Based Approach {all short of the writer's arguments Ifthe analysis covers many areas that may be broken into sub-parts, and each part is digcuased separately, the paper must end with a {hort conclusion which isa summary of the main analysis presented, Observe grammatical rules ‘This cannot be overemphasized. Non-observance of the rules on grammar subjeets the writer to a whole Tot of accusations: from being sloppy and Inzy to being ‘uneducated, and worse, someone who writes not sensical’. ‘Grammatical rules shall be treated in a separate chapter. Be previse Know the exact meaning of the term. If che term is. scientific or lyal and has a technieal meaning, know both its ordinary and technical meaning. Never use a term because it “sounds” right, particularly when you are not Sure of its definition. To be sure, eonsult the ditionary. Also, avoid lgalese. A separate chapter is devoted to legalese. Be Consistent ‘Are my tenses consistently present, or consistently in the past? From whose point of view am T coming from? Who are my irsented readers? Be logical and clear in your argument [As a writer, one must be clear beforehand whether fone is deseribing or arguing I the paper argues on Something, it ie must be made clear beforehand. The thesis statoment must be stated fromthe very beginning to guide the readers what the writer is arguing for oF ‘against. Unless the writer is lear with what he or she intends todo the paver will not be clear to the renders. Rales on argumentation (and “persuasiveness") on paper willbe discussed separately. CHAPTER IV PERSUASIVENESS “Ifyou wish to win a man over to your eas, frst make him your rand.” Abraham Lincoln Purpose: ‘Tobe able to write persuasively by using any ofthe four modes of logal reasoning” &) rue-hared Feascring, b) anctogical an the ounteranalogcal reasoning); e) policy-based reasoning; and d) the ‘arative reasoning 1. PERSUASION Persuasion isa process where people are guided towards the adoption of an iden or course of action. In legal writing ft peruasive document attempts to influence the deciding ftulorty to favorably deide the ease in favor of one's cient, ‘The deciding euthorty is usually the judge. However, he may also be the arbiter in an arbitration dispute), commissioner, Fearing fice, mediator or the other party tothe dispnte. I. MODES OF LEGAL REASONING ‘Reasoning ia the process of drawing conclusions trom facts or evidence. To reach the desired conclusion, arguments ‘nd proofs may be used, ‘There are four modes of legal reasoning: a) rule-based reasoning }) analogical (and the counter-enalogieal reasoning); ‘Sy pliey boced reasoning, and ) the narrative reasoning. A. Rule-based seasoning Invule-based reasoning, Une conclusion is reached by anclyzing and applying the law, rale or legal principle. ”_Acompeteny Based Apprech Example: ‘The law says: contract is annullable where one of the partes is incapable of giving consent to a contract! ‘Albert "yas seventeen when he signed the contract. ‘Therefore, Albert should not be bound by the contract ‘because he signed it when he was a minor. B. Analogical (and, by extension, the “counter-analo- ‘FicaD”) reasoning ‘There are three posse types of analogical aru ment 1. Arguing from precedent. This type of analogical argument hhappens. when the conclusion is reached by showing ‘dimlaritign betwee the ease decided by the Supreme Court and the eave ofthe cient. This is usually achieved hy invoking the doctrine of stare decisis” ‘The lawyer reasons by showing that there is dirvet factual similarity between the case decided upon by the high court and his clients ease. If the Supreme Court decided the case this way, then the client's ease must be ‘deided this way due to the similarities of facts. To put Weonversely, my client's case Phould be decided in this, manner" beeause after al, the Supreme Court ina case of Similar facts also decided inthis manner.” Example Inthe ease in question, Mario was ssteen when he signed the contrat in 2009, However belie about his age by misrepresenting himself to be 20. Ina case of similar facts, Mercado v. Espiritu? the Supreme Court declared the deed of sale valid, snd eannot be annulled in spite the “GRELOODE, Art. 1a00 tae: “The long sores ar ale am tates mg thre may ve Denno ama tte ecractng ar) FRUMS\ afte par weal ot grin eae os eon A, TOP =ReTeving cane ge comet te cotoc () Unemancaed mors “Bhar dcr non pis mower” hand ty Uh eco 0 Sar ot what alah Sve Dec ie dnsioe tay whm the curt a eed {Bho sinc tina pic erin wae of et wl adhere oak risa opty tar tne wre he faci are substantial te ame evernmentSalandou 440.6800 curren y = PEREUASIVENESS fact that two of the four partios were minors, The reason {their misrepresentation about their age amounted to ‘ctoppel They cannot be made to benefit fom their bad ith 2. Argument ofsame legal application. Analogical reasoning ‘may also be used to show similarities that if the law fppliee one area, it may be understood to apply to other nila areas na cage that attemps to impose damages tn the seller of immovable or real property for failing to Aisclose « mujor defe-t ofthe property, the lawyer might fargue thatthe law has imposed such duty on sellers of jetsonal property a8 well, He might argue that rule for Fal and personal properties are the same. a. Mutatis Mutandis Mutat mutandis! an example of argument ‘using the wame legal application. This happens when tne compares multiple situations having multiple Variables where some variables remain constant, while others ar allowed tobe changed. For examale, the injunetion in the ten commandments “Thou shalt fot covet thy neighbor's wif” will apply mutatis mutandis vo "thy neighbe-s husband” as wel ‘Aartcle 11 of "The Law ofthe Sea” states: “The right of hot yuceult shall apply ‘mutatis mutandis to violations in the exclusive economic zone oF fon the continental shelf, iniuding safety zones ‘tround continental sbelf installation, of the laws find regulations “f bo coastal State applicable in ftcordance with this Convention to the exclusive fcenomie zone of the continental shelf, including ‘suc safety zones. 3. Argument using common sense analy. Analogical ‘rguments may be used by staring with something that tveryone acepts. Gari rt feqity whieh render a admins representation ‘out on th esos mang and pean tom eninge samen ‘Sadapusaea yoy ne led thre Sogo sen 6206973. i “The ncaa eget ae eR ete Tama toe La fh Se) ARTICLE 11: Satin 2aca was Acompeteney Based Apron Example: ‘A person might argue that death penalty must be restored beeause the body of society is just ike the body of ft pervon. Ifa man has severe tooth ache, the logical way {stocextract the tooth, A heinous criminal i just like the ‘aad tooth b. Counter-analogical reasoning Cozter analogical reasoning is the opposite of analogical reasoning. While the later concludes by pointing out the similarities, counter-analoyical reasoning concludes by pointing out relevant ‘iffrencee between the case and the client's fats. Counter analogical reasoning is usually used to Aicbunk or destroy the other partys prior use of ‘analogical reasoning, by stating that the case cited ‘and the client’ situation are actually different, th fo common conclision ean be inferred from’ born situations Example ‘The opponent might use counter-analozical reasoning by saying that in the Mereado v. Espiritu Case, the minor’ representation misled the other party for ater =Il, the minors had passed the age Of puberty and truly leoked like adults, While in ‘the other ease, even if Mario, the seller, ied about his age, there ia x2 wav the buyer could be misled because the ataio Is a baby-faced sixteen year ol "That the seller has not passed the age of puberty, ‘and neither does he look like an adult. Thus, there ‘are no factual smilies in bth eases. {In the tooth-extraction case as an analogy why death sentence should be imposed, the opposing party who ie against death penal.y might reason Sing counter analogy by saying satrically that if “my tooth aches, Tay have it pulled, such that if amy head aches, I may have it eu.” This is another ‘way ofteling Ut there are not enough similartiex ‘tween tooth ‘extraction and death penalty to ‘warrant a concison. curren a PERSUASIVE ©, Policy-based reasoning Policy-based reasoning reaches a conclusion by connecting the fats of the case to the state's existing policy, Les what would be “best” for the society at larg, Publ policy is “recognized or established by the State in determining what acts are unlawful as (they are] ‘deemed injurious tothe public or contrary tothe public food” Thus, an agreement ia agaitst public pliy if it ‘injurious to the interests of the public, contravenes ome established interest of socicty, violates some publi ‘late, an against good moral, tends to interfere with the ‘Nibis welfare or safety, orf itis at war with te interests Sraoeicty an is in conflict withthe morals ofthe time.” Bxample: ‘Mario should aot be bound by the contract. Young poop!s whose minds and morals are not yet fully formed Thould not suffer from the harmful consequences of those feta which they themselves could no ally eansent to. He ‘nol yet mature enough to consider the fll eonsequences ‘this decisions: He deserves tobe protected, not punished. 1D, Narrative reasoning ‘Norrutive reasoning the conclusion by telling a story that shows the coatext, description and perspective {hat appeals to commonly-held ideas of justice, merey or fairness. Example: [Narrative where there is possibility of unue influence: ‘Mario should not be Bound by the contract the signed Because Joey, the ear-deaer for 25 ‘years prestured Mario, discouraged him from Zalling his parents to ask for advice and telling fim that another buye= was looking atthe car at that very moment. Jocy loered his voice, Said: “Tl tll you what TU do “TU give you a Sere ot ot Daas 08 Jone 17187 Sapte Ganon 86 Pal_eoa weno A conpeteney Bnd Approach ‘bonus of PS,000 on top of sour selling price, if yo will allow me t facilitate the sale of your ‘arto the buyer. This bonus is secret betiveen "Bes da la tion, hap tnd Bana, 1008S Bavaria, egal Writing: Poe, Analy and Oru CHAPTER V FALLACY “A person should refrain from all those things that take him. “wards fallay, misery, ignorance and degradation.” = Atharva Veda quote Purposes "To recognize the diferent clases of formal and informal jes." avo using fallacies in e's documents and pleadings. CONCEPT Fallacy is an error in roasoning. Alawyer spends a lot of time arguing and reasoneg for hs client, Thus, iis vital that the knows the priciples of sound reasoning to avoid fallacies. He ‘must also be able to spot fallacy in others. Errors in reasoning {Keepo us from arriving at the truth. Ones thinking is slanted ‘and displace, Worse, he would not know it 1¢ takes skill to ‘wade through layers of arguments and pinpoint fallacies. Av ‘tnalytial mind is one of truth’ allies, and falsehood’ fees MAIN TYPES Fallacy may be: A. Formal fallacy is an invalid argument, an erroneous inference. Its a error in deductive reasoning where the ‘conclusion doesnot necessarily fllow from the premises. 1B. Informat fallacy cz invvctive fllary 's an error in reasoning ina form which doesnot follow the traditional formal structures of loge.