Legal Writing... Scope of Legal Writing. [Aims ofthe BOO sense nn ‘The Legal Dispute ‘Meaning of Legal Dispute. ts Significance in Legal Writing Legal Dispute and The Prine)pal 1800... ene Importance of Principal Issue... Stages of Wr won “Two Stages of Legal Writing... Value of Pre-Work —_ Getting at the Facts of the Case Facts of a Cost on Random Notes versus Summary Facts Seen through the I8SU@ oon Cluttered Foets, 1 wl 2 4 4 Scanned by CamScannerPersuasive Arguments ose = 105 (Convincing Rule Statement ...o.cu 105 Convincing Fat Statement oon 108 Correct Conclusion Statement m2 Positioning Variation nse sass Building Blocks of Arguments peyote, Active versus Passive Voice ‘Third Person Speaks. Block Quotations Writing Exe UL Waiting Clea... Right Connectives, sae Abstract versus Concrete Waiting Substitute Names. 133 sti 1 Jump Of Poi 101 nn sin ‘Three Statements ofan Argument nT Scanned by CamScannerPersuasive Arguments ose = 105 (Convincing Rule Statement ...o.cu 105 Convincing Fat Statement oon 108 Correct Conclusion Statement m2 Positioning Variation nse sass Building Blocks of Arguments peyote, Active versus Passive Voice ‘Third Person Speaks. Block Quotations Writing Exe UL Waiting Clea... Right Connectives, sae Abstract versus Concrete Waiting Substitute Names. 133 sti 1 Jump Of Poi 101 nn sin ‘Three Statements ofan Argument nT Scanned by CamScannerWriting Exercises 43, Weiting Legal Opinions IMusteative Case: Chan x Century Bak 44, Weiing Trial Memoranda Mlsteative Case: Maruman Gonzalo Revity Writing Exercises 45. Writing Petitions For Review IMlusteative Case: Exca! Corp. Fimenes Appendix A — People w Tako “Appendix B— Garcia v. Silver Films Ine. ‘¢— National Supplies Authority v. Allied Shipping Corp. Pointers in Answer School and Bar Examination Questions Appendix 316 ‘Appendix D— ‘This edition includes pointers jn answering lave school and bar ‘examination questions. Scanned by CamScanner1. Legal Writing ‘Scope of Legal Writing This book is about the things that lawyers write to ‘others over tothelr point of view. Ii you werea practicing lawyer, You would be doing alt ofthis kind of work, For instance, wher ‘your cient sey, a restaurant owner, writes to you regarding the ‘threat of a possible lawsuit from a customer who was taken ill after eating in your client's restaurant, you may have to write ‘him back. giving him your views regarding his probable liability ‘base om the facts he fells you This legal writing. ‘When the case gets to court. you would be filing a number ‘of pleadings like an answer tothe customer's complaint. denying, your client’ liability oF minimizing it. Further doven the road, ‘you would probably file for him assorted pleadings, motions, ‘oppositions, replies, rjoinders, memoranda, and other papers, ‘These are legal utes, ‘And if you were tobe the judge, who is also a lawyer, and must decide the case, you would have to put your decision in Writing, announce its results, and reveal to the parties your reasons for the decision. Under our laivs, the parties are entitled to know why they wan or lost a ease. The strength of your decision lies in the validity and persuasiveness of the opinion supporting it This, fo, legal ortng But legal writing does not only begin when you pass the bar. As law students, you begin to churn out some form of legal ‘writing once you enter law school. When youdigestcases,ansiner ‘examination questions, and write your thesis or any other paper Scanned by CamScanneruNDaMENTALS OF LEGAL WRITING rent tin youl orci wing ina base jements you need to apply in Hin peau he men cl ams ae the sae on casa an ring he practi of Law: the act the yeu wil usm eet eso pina of lw that eo ‘Aims of the Book is book isto help you write lew ei nd et pston Pes dings zal tly ato win others 10 Your point of ctor and uur par: rom leaning the general structure ¥en Coe rtg tis book will dO more. . This book will ei you Setfy and put together the OT on weno a case wil Be detied. As rule Sas ire al sore for you. You wl ne ‘as you study the documents, hold interviews: wit : de ed oreinpy eam de econ athe evant rent ren ogame and ce mined up vith fs gw alte nat arog he sete ve the abvantage fang, rom unltied truth. You can get there if you persevere in tok rule that is book wil aso help you nd th a0 ee enarebe ure egal pind. Feat laws are ol ere to those enacted by Jory vonstitted lgislative bodies called “statute lew” A great body of tasks voles from judicial pene ne sy roses tase apply rospecic ces. This body oflavs imp ice lan Your knowledge ofthe lw involved eee astute lw and cael, mus complement Jourknowiedge ofthe facts to prepare you forthe job of writing Ippersunde your eadero you pint of view ‘Three, This book will help you correctly identity the issue cr sesh «ene The ise does for an opinion ot 2 pleading What he wader dvs fora ship If you argue the wrong isu It ‘The principal ‘would be like pointing your rudder to the wrong direction such that your argument would not touch port and miss the eal sue that the case prevents. When this happens, your ease would be decided on an issue that you chose not to be heard on. You can avoid this Four. This book will help you pack power into your arguments. It will show you the elements of a balanced ‘resentation of those arguments and what i takes to destry the argument of the opposite side while building up your own. It will also show you the importance of a closing stalement and how you could prepanea most effective one. Five. This book will show you how to edit your work, tighten your sentences, and make your writing come through to your reader clearly. A number of legal writing prescriptions in this book may appear controversial to some but controversies initiate discussion and the free marketplace of ideas always ‘profits from i. All that is required is an open mind, ‘Six. This book aims to help you write better, Some say that the ability to write wells a natural gift that is not availabe t all ‘This might be true. But the fact that you have gotten this far in {your studies gives you the right to assume that you have the gift to write, All you have to de now is improve on your gift. ‘Master a few refurbished techniques collected in this book and you are on your way to preparing adequate, clear, and convincing pleadings, legal opinions, memoranda, and other position papers. OF course, the greatest secret of success in weiting well is in constantly striving to use what you learn. They will not work unless you put them into practice ‘And beyond practic, to be a good a writer one must be a prolific reader. Learn the styles of effective writers such as best selling authors, opinion writes, and respectable journalists During your stay in law school you ate forced to absorb the writing style used in laws and jurispracience, which may seem impressive but not the most effective way of communication. This book will encourage you to view legal writing a6 4 communication ski as much a an adwocacy sil Scanned by CamScanner2 The Legal Dispute ‘A legal dispute lies at the heart of every case. In fact, most of your writing assignments as a lawyer would probably be ‘devoted t0 arguing and resolving such a dispute. Meaning of Logal Dispute forthe purpose ofthis book, there ia legal dopute wen one party complins ofa violation o in ight by another who, on the omer hand, denies such a violation. legal dispute i this sense is akin to a cause of action in a civil suit in which the Chleeant denies he eam against him. Wis this denial that tenders egal spite Wen a pers renting an apartment allegedly could not pay the mpd morihly rents yet refuses fo leave is uit a Meg cape arses This cosas (a the apartment owners In thatthe tenant fils to pay the agreed monthly rents and meat leave his unit and () the tenant's denial of the claim tia tnnstence twain the unt. You have in this eve night Protected by Ian alleged ition of sich right, ant a deal rth allegation a egal dispate The ght claimed to have been violated must ofcourse be 4 legal right since courts will uphold and vindicate nly those taints ul ae etablched or eaogpized bylaw. Fer tance Filipino may claim that he deserves tobe allowed to travel to the United States But the US embsy denies him the visa sired for ety in thal country, he cannot fe a nwa compel its sarc since Philippine laws do not grant him that ant Shere. the dsp than Eoglh be mae te ge mand ta depute gh Some right. The controver ‘though, tiene Wl me 10 be resolved by on turf ion but by {the creditor and) he eee, ka pd we ps mee foe athe ied has vik i gh wee ee sae ye ea Hopi archer by sings ake oceans hen thet the accued dete te coma Se Basainmras pcan yea aceus ‘denial of the charge. Ss fs Significance in Legal Writing Why imporian in ea cit nih ed gue naa eM iy you al comet ety 8 you would just be running aun in celes,cortbuting othing tots final teminaton Thats how important iti! Scanned by CamScanner‘ puNDAMENTALS OF LHEAL WRTING Lage! Dispute and the Principal eeu Acoma the egal depute, recast he format of nea, ron pcp sein very Toe he ere erie te reel ck py he aged oth wen et fhe tena oe prtentumt Weei hat hela pte ene ee aarumet owner clam thatthe fant ls cote and mt ate hunt ane) toy ofthe dam an eastence trea he oi th ta an sou, pncpal iui whether or Pat er flat pay the monly Fens a Lave {he apartment unit” jot cse ofthe person wo fuses to pay his ib ee egal pute is (0 eet’ ai that Wea re nc pay Hi de under a pomisnory the dee any in foro he cet: an () the debtor's et cn Rewrite i formato ane the id ip twhetero ol the ebtor anol refs in bt anders promissory note that he issued I favor atthe cedito:” abe enminal cae discussed above, we said that the aa dts const) he Sote’s charge ha the suse Ja dt omplanant by selling 2 ake Rolex watch o him dean ca genuine oe ar () the accuse denial fhe oe amis, the principal wou is “whether nat charg Revtrauded the complainant by selling» fake Rolex ae asm forthe price of genuine one.” Wht dies the egal dpe consis often bung officiat sc a cccupancy pert fora building with inadequate JexSEetconausot he complainant aim that reopondent Fran al isued tote owner an occupancy permit fr & ae oi inadequate fie exitsin violin of Section 36) of BeaSE: Act 301%; and (the espondan’s denial of that claim Fer ced into an sue, the principal ssue i “whether or not Topondent building oficial isued tothe aver an occupancy Feet covering 2 building thal has inadequate Gre exits in Polation of Section 308) of Republic Act 308." WELECAL ort Importance of Principal iasue sachet my ey ya sorbet ede sale Scanned by CamScanner3. Stages of Writing seg nen ety me mh eis ak a oa need, sort them out, cut them #9 si, pte ee ender mecca ee ‘Two Stages of Legal Writing moves instaes It as two main stapes: Lega writing aso et Saye i Pre-wodk Hee you areat the beginning The red ae Koking ot te fats and oe eta they ae mae avaiele to You 86 a se taht tome trom interviews ofthe Pesons 1 a a ome om rated docarents that equie ia Eerals would be ovouely rv, Quite often, Ser Th Ibeimporant evens took plac are mixed up. On eae fend ie ce tat has undergone ri you might dnb tarsi othe testimonies of witnesses and te donrntary eit sented nthe case. Provo 4 pes. Whatever your assignment might be, your pecwork would be inadeuate ules you go through at inate levee of eons 1. Esoblshing where the ga pute sin the 2 Discovering its eleven facts 3. Knowing the laws or rules that apply to it; Sta oF wet 4. Identifying the issue or issues that you would address; and 5. Roughing out the arguments that you would use. ‘The Second Stage ts Write-up. Here, having all the ideas {you need concerning your legal writing assignment, your task is toput flesh, color, and shape to them, You will now transform the sketches and outlines you produced during pre-work into a full draft of the paper requined of you—a pleading, aleyal opinion, a Biion, a comment, memorandum, a poiton paper or even a Editing and rewriting will complete the write-up stage, Value of Pre-work Most haphazardly finished legal writing can be traced to lack of pre-work or to pre-work hastily done. The need for pre-work is true for al kinds of presentations that are aimed to ‘convince others toa certain point of view, A successful salesman needs tohave acomplete knowledge and mattery of his product, all its good points and bad. With this edge. he can then develop his sales pitch or the line of arguments he could draw fom, polish them to perfection, and make a sale. i a ceal sense, legal ‘writing isa sort of presentation. The lawyer should be able to rake 3 convincing presentation of his case inthe limited time that he is able to hold his reader's attention, To succeed in this the lawyer needs preswork Lack of time to do pre-work, a frequent excuse, cannot be a valid justification for dispensing with one. The writer who settles for an opinion, pleading, or position paper not based ‘on pre-work does not care about the comprehensiveness and convincing quality of his work. He just subrnits his work to his lient or to the court for the ake of meeting the deadline given to ‘him. He does not care about its result. This attitude, however, is the reason behind many failed legal writings and careers. You do ‘not want this Scanned by CamScanner4. Getting at the Facts of the Case ‘on two legs: (1) the tanta meget eats Se starts with geting the acs ght Facts of a Case shoul not tawe ee rapes understanding of what ay angle When You ae able examine theca he opponieside ust as You have examined that a ree abet a theater that you know of sou ct un be det, ou short-change Your clint sou nly red the fs rom yur source materials Se ly snraning and boring, thir cones Pane enketon and absorption is required of every pepuntn loracase Wen you study the them antl you ave come 02 Ranciom Notes versus Summary ‘One way to study case materials is lo make short random of the facts ofthe case that you consider important as you go over them. This i a good proctce. But purely random notes do not give you the complete picture. Because they are random, they are ‘ten uncorrelated and are, therefore, useful only for work done imone sitting, When you st aside your work and return tot after long duration, your random notes would have lost theie correct ‘meaning and you have to sat all over again. You would never ‘be able to-use these incomplete notes as a permanent catalogue CEFING AT HE rACISOF TE CASE of te fas that you want po back o repel a vais Sapctltheproceingrins ee What you nec Is systematically prepaed tes that aunt ciptre tec acuta cas eae inert pots propery marie oa Sues nome Ean coleges show thal tes aber ay eaten onconr te fr abating compl or ita aso writer Patel ss sommaring. You cn bo undeand and soe ren tatesak when you summarize tn comets Soar sonny sere» dead map Your hunt, sew guide you negoting your way ough the dopa ocd Summarizing to compress the information you need, forces youtosearch your materials for whatisimportant. t compels you {o toss an item of fact over in your mind, assess its importance and relevance to the issues in the case, and decide whether 10 keep tin or throw it out of your summary. When you come to an {tem of fact and ask yourself, ‘What is the significance of this fact to this case?” you begin to wonder. Then, all your accumulated knowledge and experience bear on that item of fact and, usually, your mind produces the right answer Facts seen through the Issue ‘When handlinga new case, whatever stage you may find it, you need to go over the materials very quickly and determine Preliminarily the principal issue or issues involved in the case. ‘Thatis yourkey to pre-work, Only when you have an idea of what the principal issue is, could you make a good job of extracting the relevant facts from your materials. Ina classroom experiment, the professor asked the students to do pre-work by carefully reading the following facts about a The Beers War Atlas Brewery ny discovered that Gistributors of San Manuel Brewery in Metro ‘Manila had in their warehouses hundreds of cases Scanned by CamScanner‘ FUNDAMENTALS OF LEGAL WHITING of empty beer bottles owned by Atlas Brewery. The Gistributors of San Manuel beer apparently bought the empty bottles from relailers to reduce the volume fof sales of Atlas beer in their areas, The San Manuel bbeer distributors claimed, on the other hand, that they merely retaliated against Atlas beer distributors who thad been buying and destroying the empty bottles of San Manuel beer in thelr areas ‘A law student, Fred Sanchez, complained that when he drank beer with friends one evening in June ta restaurant neat his school, he found a cockroach in the bottle of San Manuel beer that he had drunk from. He vomited upon such discovery and suffered “anxlety over fear that he would get sick. He got angry with the restaurant ovner for serving the beer and threw the bottle with the pest in it at him, causing, jury on the owner's head. The restaurant owner ‘blamed San Manuel Brewery for the incident and sued it, San Manuel Brewery, on the other hand, blamed Atlas Brewery and its distributors for tampering with its products, Fred Sanchez and his friends created a lot of ‘noise about poisoned San Manvel beer products and Initiated a boycott of those products, Their action found them friends from among the Atlas Brewery distributors. Ate the students read the above, they were asked to write in one sentence a comprehensive summary of what the case is all about. They were to complete the sentence: “The cave is about.” Stop reading after this paragraph for a moment and try to complete the sentence yourself without re-reading the fats “The ease is about...” The students gave a varity of answers but most of them gave the equivalent ofthe following summaries: 1L_Thecase'is about the struggle between San Manuel Brewery and Atlas Beer Company over the distribution of their competing products. GETING AT THE FACTS Cu THM CASE 5 2. The ase is about how ferce competition in beer distribution could be very ugly. 3. The case is about a law student's crusade against unsafe products that come out of the market. ‘The case is about tampering with botled producteand the dangers it presen. * Actually, the facts above spoke of only one “case” ever having developed among the parties involved. This is, the lawsuit that the restaurant owner filed against San Manvel Brewery forthe injury he suffered in the hands of an outraged customer whom he served with a pest-laden bottle of bet Bid you get it right? Do not be discouraged if you did not. Very few Students perceived this detall because they did not know what ‘was expected of them wher they read the article the first tane. ‘the point in the eer I that, not knowing what they are looking fo diferent people would tod Yo Be diferent impressions ou ofthe sme mater tha hey have read Inthe ‘ves its only ater reading the materiel are the students informed that they are to state what the “case” is about. ist how do you make a complete summary from raw data? One way is to take out the non-essential facts from your written materials like contracts, deeds letters, records, Books, testim ‘or swor statements. Cross out those non-eseential facts, leaving only the essential ones on the page of each document or paper ‘Consider this problem asked in a barexamination. The examiner probably picked up the fats from the syllabus ofthe case and $0 indiscriminately copied 2 lot of details that are not essential to the problern, Section 10 of Ordinance No, 105 of Tagaytay City provides that atleast 8% of the total ares of any ‘memorial park established within its jurisdiction shall be set aside for charity burlal of its pauper residents and that no permit to establish operate, and maintain a pi Scanned by CamScannerJaMENTALSOF LECAL WRITING sevenienane seh an st wpe canteen aes Trdg ge nt nin ian a tena a a _ Discuss the consttutionality of sald ordinance, songe #19 make a short summary of the above by the har ma ogra oft oy vat wield a pen and Coss out every word from 2 re fancy as having no use to you. What you need eas ee pruning knife. As already stated, that proning amore renege hse nay ia og ie ihe one presents Only when you know that isoue or at ceil inary idea of what itis, could you doa correct Clee ene beet ae eed. ately in the above problem, the bar examiner himsat et Sou you he wan ou to “daca see eutonalty ofthe ondinarce," i, “whether or not violates the right that it seeks to regulate—the right of the owner to his land” Now, use this issue to prune away the facts that are not frlevant tot Consider the rst sentence of the problem: croesing out the reckless if you jt Section 10 of Ordinance No. 105 of Tagaytay City provides that atleast 5% ofthe total area of any ‘memorial park established within its jurisdiction shall be set aside for charity burial of its pauper residents and that no permit to establish, operate,and ‘maintain a private memorial park shall be granted without the applicant's conformity or agreeing to such condition. Surely, the particular number of the ordinance involved (Ondinanee No. 105) the particular numberof the section of the ordinance (Section 10), or the particular place where it was | rrenavizs : 14 amaal wsragrrsee yey | enacted (Tagaytay City) are not relevant tothe constitutional of the ordinance, You wil also note that some details of he quoted problem are superfluous. For instance ifthe lols taken were to be “lor chanty burial” it would be superfluous te say that it would beveft “pauper residents "Alo, the phratt ono permit estas operate and maintain priate mental pork” the words “esabish”and “mania” are sperfuous because “ts operate” esses these tira terms. ‘The above sentence needed 63 words to describe the facts of the problem. By crossing cut the unneeded facts, what remains ‘could be summarized in only 26 words, less than half the original number, Thus, rid of imelevant detail, your summary should read: Section-49-of Ordinance Nom-#96-of-Sngaytay ity provides that atleast 5% of thetotabarenet any ‘memorial park estebtishedwithinitsjerindiction shall be set aside for charity burial of ity proper ‘esilentoand that no permitto eetsblsh; operateraind aac semen shall be granted without the applicant's conform seckreomtition, Sy seamen se Inpractie howeves coming out portionso he documents wel damage such caren and ec thes ares Purpees, Quite often you teed to preserve he document that ongina state. Your atemative bo po over thom lca thove facta re xen 'o your undettanding oth Soe inthe ease and put hoe fcs your oie Section 10 of Ordinance No. 105 of Togaytay ‘City provides that at least 5% of the total area of any ‘memorial park established within ts jurisdiction shall be set aside for charity burial ofits pauper residents and that no permit to establish, operate, and maintain, «private memorial park shall be granted without the ‘applicant's confarmity or agreeing to such condition. Scanned by CamScannerok VERKSILY EW ERA UNE Nee jejartinelit rmmaized in thelr Barst esses is wake prien nape fon De sow ra eget be distracted by unimportant and ouagre Dew ng summary ofthe facts of he ease you aa er comer pe ‘cluttered Facts be tsony whan you knw the principal has ae ahah aot ba se mang unary of he Facts of doa cor owing testimonies, sone contin messes in an actual rape case, The names have, of aren Wr changed. To make the example simple for study, TRncrps have been edited and the crost-cxamination by Oa ee ensels dispensed with, Go over itonce to enable you arr eae Ros or sus ar between he parti. ‘ranciptof Stenoguaphc Notes (TSN) ert (hbrged and edited for study) COURT STAFF: (After swearing in the witness) ‘State your name and personal circumstances. WITNESS: [am Julia Torres, eighteen years old, single, and aresident of Barrio Talaan, Lian, Batangas. PROSECUTOR: With the Court's permission. Do you know Ronald Galang, the accused in this case? A. Yes,sic. Heisthere (pointing to the accused). Why de you know him? AL Heraped me, Q. Where did this happen? A. happened on the rice Feld near Mario's A. 1 struggled to get free but he pointed + ‘knife at my side and threatened to stab me if I called for help or persisted in fighting back. Q. So what did you do? ‘A. Outof fear I gave in and he raped me. What did you do after Ronald raped you? ‘A. Tkept the matter to myself for a while. Why? ‘A. Because Iwas afraid of the trouble that will ‘happen if my parents and brothers found out. They loved me so much. Q._ For how long did you keep the matter to yourself? A. After two days of worrying and feeling ‘bad, 1 finally told my aunt about it and she in turn told my parents, What was the reaction of your parents? ‘A. “They were quite furious and wanted to take the matter into their own hands but cooler heads prevailed. Q Sowhat did you do after that? ‘A. Lwent to the police to complain. Q. Isthat all that you A. I also submitted myself to medical ‘examination. Scanned by CamScanner{UNDAMENTALSOFLEGAL WRITING When did Ronald rape you? He raped me on June 12.7 p.m, How did you meet Ronald on June 127 went to the house of Celia in our barrio to ated adding pty and hn there Q. Doyouhave any relationship with Ronald? 'A. None. He was only my suitor, Q. What were your feelings during the party? 'A. was in high spirit because T met a lot of friends and had a good time, Q. Do you recall any unusual thing that happened at that wedding party? ‘A. Someone exploded firecrackers nearby and this caused a scare for a while. Q._ You said that you saw your suitor, Ronald, at the patty. Did you have occasion to talk to each oth ore ‘A. He wanted to talk to me but I ignored him pecause I disliked him for a suitor. In fact, I stayed away from him. (Q. What happened after you ignored him? ‘A. The married couple danced after supper and people joined in. What did you do after the dancing? ‘A. Atl p.m. [took leave to go and started to walk home alone in the moonlight. Q. Did anything unusual happen during your walk home? A. When I was about fifty meters from Mario's house, Ronald came behind me and requested that hhe walk me home. GETING AT EHACISOF ME CASE » Q. What was your reaction to him? A. I really did not like him. 1 declined and doubled my steps. Q. So what happened after you walked faster? ‘A. Ronald caught my arm and wrestled me to the ground? Q. What kind was the ground over there? ‘A. It was rough ground and dry. Q. What did Ronald do while your were down fon the ground? A. He covered my mouth with » hand so I ‘ould not shout. He pointed a knife at me and forced me to yield to him. Q. Did it not bother you that you left the wedding party alone by yourself? ‘A. No, sit. Walking alone did not bother me because I knew everyone in the barrio, What route did you take going home? A. took short cut across Mario’s farm, in the direction of our house, Q Can you describe the path that you took? ‘A. The path was quite uneven and difficult. Q. How was itr ‘A. Iwas used to it and I managed very well, PROSECUTOR: That is al. ‘Transcript of Stenographic Notes (TSN) October 12 (Abridged and edited for study) Scanned by CamScannerHUNDAMENTALSOF LEGAL WAITING sigue eee SQUASH tet hadi nis ts Aree can Se eae oe Cane ec OR J Se ae complained to the Lian police that she had been cmp et pb oa etm me a aan ae mrs A nae sn ttm er corinne Sy, at seed tm i of st er rin an tn pe os eee wid — Bi ey tates 2 aren PROSECUTOR: That will be all. ‘Transcript of Stenographic Notes (TSN) October 16 (Abridged and edited for study) ‘ceric arte rAcrsoF MmHECASE COURT STAFF: (After swearing in the witness) ‘State your name and personal circumstances, WITNESS: 1 am Ronald Galang, twenty years old, single, and a resident of Barrie Talaan, Lian, Batangas. DEFENSE COUNSEL: With the Court's permission. Do you know the complainant in this «ase, Ms, Julla Torres? AL Yes sie Q. She testified that you raped her, what can ‘you say about tha AL [did not rape Julia. Q. But did you have sexual relation with her fon the evening of June 122 ‘A. Yes, six. But she freely agreed to make love with me that night of the wedding party at Celia’s house, Q. The medical examiner testified that she found lacerations on Julia's vaginal canal when he ‘examined her two days late. What can you say about that? A. | ‘Thatmust be true. discovered thatevening, ‘hat Julia was a virgin because she bled. It worried ‘me but she said that it was not too painful. Q_Did you communicate with each other after ‘that evening of June 122 A. Julia called for me the following day, insisting that | marry her because she was afrald she might have become pregnant. Q. What was your reply to her? ‘A. Because Ihad to look after my parents yet, 1 declined, asking her to wait a while. Scanned by CamScannerFUXDAMENTALSOF LEGAL WRITING oy sna bee te kee See (Q,. What was your reaction o what she said? ‘A. Iotill refused to marry her right away, Gait ddaedet ‘A. She accused me of raping her. (Q. What relation, if any did you have Julia about the time ofthe alleged rape? ‘A. Julia and I had been sweethearts for over two months before June 12. Q. How did you come to meet each other at that wedding in Celia's house? ‘A. Onthatevening we met by prioragreement at Celia’s house right in our barrio, Q. What happened when you met each other at that wedding party? |A.. Things started out well and Thad some fun meeting my friends. But, because of thetr jokes that I had some other girl, Julia became angry and refused totalk tome. Q. What did you do then? A. Left to brood outside. Q. How long did you stay outside? ‘A. Nottoolong, Ireturned to the party an hour later after a friend called me inside, Q. What did you do when the wedding party ~ ide 1 party ended, I walked alongs Jul en tot ® cpu the jokes played by my friends. th How did she react your explanation? A. Shedid not want ta believe mea frst. After awhile, I convinced her to sit with me on a piece of Jog nea the house of Maria, (What happened after you st on that log? ‘A. The evening was romantic and ve eventually reconciled. Q. What happened after you reconciled? A. We kissed and embraced and, forgetting ‘ourselves, we made love on the grass What did you do after you made love t0 Jali? A. T walked with her up to about twenty ‘meters of her house. DEFENSE COUNSEL: Thatis all. ‘Transcript of Stenographic Notes (TSN) October 25 (Abridged and edited for study) ‘COURT STAFF: (After swearing in the witness) State your name and personal circumstances. WITNESS: I am Mario Perez, forty-five years old, married, farmer, and a resident of Barrio Talaan, ian, Batangas. DEFENSE COUNSEL: With the court's permission. Do you remember where you were on. the evening of June 12? A. Tremember that I was home that evening of June 12, Why do you remember that evening? Scanned by CamScannerrl FUNDAMENTALSOF LEGAL WRITING A, told that rape was commited on my farm iat evening andi s0 happened that cy Hraderegucr om tecrncting sere lH pontble you went 0 bed early oh evening? ca A. remember that I slept late because Ihad to watch our sick daughter while my wife took her turn to reat. Was the farm visible that night? A. The night was not s0 dark because the ‘moon shone brightly in the sky. Q. What time did you go to bed after watching your sick daughter? ‘A. took my turn to sleep after midnight. @. During the time you were looking after your daughter, do you remember hearing the Dutcry ‘ofa woman from somewhere outside your house? A. No. [ heard no outcry from outside my house. DEFENSE COUNSEL: That is all. ‘Obviously, the above testimonies contain much that is not connected to the rape issue. They are filled with details that usually accompany raw storytelling. When making a summary of them, whole sentences can go and these would not affect the ‘essence ofthe story. Relevant Facts Extracted (Can you sort out the testimonies above and make a short summary of the fats that really matter to the case? This is not dificult, as you have earlier seen. Just remember the lesson you learned. Firs, try to identity the legal dispute involved in the above case. Obviously, the legal dispute consists in: (a) the government's (GETHING AT 1H FACTSOF THE CASE = charge that Ronald rape ull; and (b) the latter's denial of the charge. Second, rewrite the legal dispute in the format ofan issue to produce your principal ssi then put doven this ssue in Bold print and place tight before you as you do your summarizing Using this issue as guide, you can then peel away trom the nareations all he facts that are not connected 40 such issue. T will hold you io your aim. ‘After rewriting your principal issue, it should read: WHETHER OR NOT RONALD RAPED JULIA. ‘Sew how these lessons are applied tothe testimony of Julia, juced belo. The facts relevant to the issue and escential to the outline have been putin bold. The explanations for doing aura ih the nonessential acs have been bracketed and iWalicze ‘Transcript of Stenographic Notes (TSN) October & (Abridged and edited for study) COURT STAFF: (After swearing in the witness) State your name and personal circumstances. [Note Obviously, you do nol need to put in your cuidine this Statement about the aativand the request mia to the witness {sate her personal circumstances They do mc yield ony et of he case} WITNESS: am Julia Tores, eighteen years old, single, anda resideni of Berio Talaan, Liam, Batangas, [Note Te rape event tls a story. To ake tense, enery Story must sy woh ee includ, what happened, hen i happened, wher it happened, hai happened, a poniy tay if happened. These descriptions 6) Julie Tare, Dili, wees apetng he han nd pa legal dope into its proper contcat. Consequraty you need them in your outline.) aoe ae PROSECUTOR: With the Court's permission. Do you know Ronald Galang, the accused in this case? Scanned by CamScannerFUNDAMENTAISOFLECAL WRITING AL Yeu sir [Note Whe the witness says, “yes, ip a question, the facts contained in the question, which she ‘fore woth her “yes" swe are implicitly tueonorats * the ast If tase ft are relevant, they should inv yur outline} Hes there (pointing tothe accused Q.. Why do you know him? ‘A. He raped me, [Note: Surely relevant] Q. Where did this happen? ‘A. It happened on the vice field near Mario's tnouse, [Note This answers the question “there?” Q._ How did Ronald rape you? A. I struggled to get free but he pointed a knife at my side and threatened to stab me if 1 called for help or persisted in fighting back. [Note: Shows how ‘was committed.) Q._ Sowhat did you do? A. Out of fear, I gave in [Note ls this relevent to the issue? Of cours, for it shows why the rape succeeded | and he raped me. (Note: Thi is jus «repeat ofa previous statement Q. What did you do after Ronald raped you? ‘A. [kept the matter to myself for « while Lat: ts is relevant? Yes. Ordinarily the victim ofa grave serongdoing toould complain about if to someone. julia’ sence could fe! the credibiity of her claim} Q Why? A. Because I was afraid of the trouble that ‘will happen if my parents and brothers found out. [Nove Ste ths is ud’ ustfcaton for incurring dele in reporting the crime, it should be relevant lik the preceding mswer.| They loved me so much. [Note: That ler parents And brothers loved her 0 much would have no bearing on the issue of wheter oF not Ronald rapt her) GETING aT te ecTS OF THE CASE ip FO" HOM long dil you keep the matter to your A. Aftertwo days of worrying and feeling bad, 1 finally told my aunt about i and she in turn told amy parents [Noe Her reason for changing her mind a eventually reporting the matter should alee be considered relevant i judging her eet) What was the reaction of your parents? A. They wore quite furious and wanted to take the meter into their own hands but cooler heads prevailed. [Note:The action mitt er parents and brates it isirelecant ote ape sue] Q.Sowhat did you do ater that? A. L went to the police to complain. [Note: Is this relevant? Yes Complaining to the police about the ‘commission ofa crime lends credence to the claim that it took place] Q.Isthatal that you did? A. 1 also submitted myself to medical ‘examination. [Note Some reason as the ove.) Q. When did Ronald rape you? A. He raped me on June 12 at 7 pam. [Note States the time} Q. How did you meet Ronald on June 127 ‘A. 1 went to the house of Cella in our barrio twattend 2 wedding party and I saw him there. [Note: This fet eet oon nesting of he css eagle 7 @ Doyou have any mlsionghip with Ronald? A. Nove. He was only my eater. New: Some say ta th icon S's posi fr Rad feop ia wher be er ratonsip. Ohers a howecer, that this 8 important since it shows thet Ronald toas attracted to fui.) Scanned by CamScannerFUNDAMENTALS OF LEGAL WRITING, (What were your feelings during the party? A. Las in high spist because 1 met a lon tien nt as re ie fern ae hot toe help you knoe whether ar mot Ronald rate Q. Do you recall any unusual happened af that wedding patty? =) “IPE: that |A. Someone exploded firecrackers nearby, a this caused a scare for a while. [Note: Same ss pane cobsereation, irrelevant.) Precedings Q._Youssid that you sew your suitor, Rona, the party. Did you have occasion to talk to cach other? ‘A. He wanted to talk to me but I ignored him sea eed ge bt goed in away from him. [Note This is rleownt bwemse Julie's (tirade towards Ronald, if tue, would render 1 wiikey ‘het she woul let him escort Fer hoe from the wedding party or have consented sex with hi] Q. What happened after you ignored him? ‘A. The married couple danced after supper and people joined in, INote: Ths act has no earing a ll to The map case Q. What did you do after the dancing? ‘A. At IL pam. I ook leave to go and started to walk home alone in the moonlight. (Not: Tiss relevant fo the issue because it shows the circumstances ‘immediatly preceding the alleged rape] @. Did anything unusual happen during your walk home? ‘A. When Twas about Sfty meters from Mario's house, Ronald came from behind me and requested that he walk me home. Q. What was your reaction to him? (Note: Same ero a he preceding answer] A. [really did not tke him (Note: Tins restundant a repetition ofa previous staterent| destined ‘and doubled my steps. (Note: This als sets the stoge for the rage event Q. Sowhst happened after you walked faster? ‘A. Ronald caught my arm and wrestled me to the ground? [Note Use affarce isan element af te rape] (Q._ What kind was the ground over there? A. it was rough ground and dry. [Note: This could be relevant fl somchin sheds light on the issue of tate or wo the rape took place.| Q. What did Ronald do while you were down ‘on the ground? A. He covered my mouth with a hand 30 1 ‘could not shout. He pointed a knife at me and forced fe to yleld to him, [Note: This i mo doubt releount since tend to sto tat Ronald rped fda.) ©. Did it not bother you that you left the wedding party alone by yoursel? ‘A. No, sic Walking slone did not bother me because I knew everyone in the Barro. [Note: This 1s relenont to counter the lim tha, being 2 woman, fms {ule nly for her to be waking homealone] What oute did you take going home? A. {to0ka short ut across Mario's fara, in the direction of our house. [Nole: This facts neded folk ‘he other relevant facts together] (Q__Can you describe the path that you took? ‘A. The path was quite uneven and dificult to py: [Note This probly irelenet since i either helps esate the ise of whether ar ot ie rape look place nor toes ip ie te facts foether| Q. How wasit? Scanned by CamScanner