Legal Writing

1. Wrong – Something that causes a physical injury or detriment to a legal right

2. Stay – To suspend the legal proceeding or execution of an order
3. Standing – Having enough of a stake in a controversy to support asking a court for a remedy
4. Signature – A logo or any mark used with the intention of authenticating a writing
5. Set Aside – To overturn a conviction, or to vacate a judgment or court order
6. Service – The formal delivery to someone of a legal paper such as summons
7. Servant – Any employee
8. Security – Collateral for loan; a note, stock, bond, etc.
9. Ripeness – The point in a dispute where judicial intervention is warranted
10. Rider – A supplemental writing attached to a proposed statute, an insurance policy
11. Return – The return of a process, writ, or other court document along with the server’s report of
what was done
12. Relief – A legal remedy, such as injunction or rescission
13. Reformation – To change the wording of a writing such as contract or deed in order to carry out
the intent of the makers
14. Recall – A petition and election to remove someone from public office
15. Real – Of the type of property that is fixed and immovable
16. Quiet – To secure a title to property by having potential challenges declared invalid
17. Publish – To make known a defamatory statement to a third person
18. Process – A wit or summons e.g. to answer a complaint or to appear in court
19. Presents – This document or instrument
20. Prescription – A rule or set of rules; the gain or loss of legal right
21. Person – A legal being or legal entity
22. Performance – The carrying out of a contract obligation
23. Partition – A diving of two or more people’s interests in a co-owned property
24. Notorious – Of common knowledge, so that anyone with an adverse interest is deemed to have
been on notice
25. Legacy – A gift in a will of personal property
26. Knowledge – Notice, whether perceived or not
27. Information – A charging instrument filed by a prosecutor
28. Infant – A minor with legal disability of infancy
29. Fact – A thing that a judge has determined to be true, whether it really is or not
30. Execute – To sign a will or contract; to collect on a money judgment
31. Construction – The understanding or interpretation of a writing
32. Consideration – Something of value promised in exchange for another person’s contractual
promise or performance
33. Condemn – To pronounce a criminal defendant guilty
34. Color – The appearance of authority or right
35. Camera – A judge’s chambers
36. Avoid – To make something void
37. Appearance – Attendance in a courtroom, especially to be recognized as a part of an ongoing
case
38. Ancient – About 20 years old, for purposes of authenticating a writing to be introduced as
evidence
39. Alibi – The specific defense that the defendant was somewhere else when the crime was
committed
40. Action – A legal proceeding

1. The justices were/was one in opinion that the law passed by Congress is/are unconstitutional.
2. Each of the department heads is/are required to submit their list of expenditures.
3. The speakers each were/was requested to make their comments.
4. Few people want/wants to postpone the barangay elections.
5. All is calm, all is/are bright.
6. All are/is going to Boracay.
7. The accused and the prosecutor are/is inside the judge’s chamber.
8. Your shoes are/is old but elegant.
9. A panel consisting of two judges and four lawyers is/are going to conduct the hearing.
10. Not one among the justices of the Supreme Court who is/are deliberating on the case is/are
interested.
11. T-shirt and dark pants is/are the required school uniform for SPSPS.
12. The President of Egypt, along with other cabinet members, continue/continues to hold office in
Cairo.
13. Each and every Juan, Juana and Mang Pandoy is/are enjoined to comply with the ordinance on
jaywalking.
14. The investigating team chooses/choose to end the investigation and submit the report.
15. The basketball team have/has taken their lunch in the nearby Provincial Convention Center.
16. Statistics is/are relevant in every research project.
17. The economics of selling gold bars makes/make traders look for foreign investors.
18. Neither the host nor the guests are/is required to contribute for the catering expenses.
19. Neither the guests nor the host is/are required to contribute for the catering expenses.
20. Neither of the decision has/have been released to the litigants.
21. The sample of claim forms was/were examined.
22. The court’s practice of holding four training sessions complies/comply with the Rules of Court.
23. The chair surrounded by the boxes is/are in the room.
24. The complainant, as well as the witnesses, was/were present.
25. The director, together with her administrative aides, was/were asked to resign.
26. None of the lawyers was/were able to solve the problem.
27. None of the judges agrees/agree on the interpretation of the policy.
28. Each of the department secretaries is/are required to submit the subject.
29. Neither of the decisions has/have been released to the public.
30. The complaint’s answer was/were received by the respondents.
31. He is a person who prefers/prefer to work independently.
32. This is one of the decisions that was/were issued last month.
33. The list showed that the data were/was incorrect.
34. Everyone has asked himself/themselves, “Why am I here?”
35. W,X or Y needs/need to attend the hearing on Tuesday.

1. Ab initio – from the beginning

2. Arguendo – for the sake of argument
3. Execution – signing
4. Gravamen – burden/crux/gist
5. Inter alia – among other things
6. Inter alios – among other people
7. Inter se – among themselves
8. Inter parties – between parties
9. Non compos mentis – insane/mentally challenged
10. Res nova – case of first impression/new things
11. Viz – namely
12. Ambit – scope/limit
13. Albeit – although
14. Aforementioned – this/that/named earlier
15. Pray – ask for
16. In accordance with – by/under
17. In close proximity – near
18. On number of occasions – often/sometimes
19. On the part of – by
20. Owing to the fact that – because/since
21. Notify – tell
22. Obtain – get
23. Permit – allow
 24. Posses – have
25. Prior to – before
26. Procure – get
27. Provide – give
28. Provided that – if
29. Provision of law – law
30. Purchase – buy
31. Bestow – give
32. Forthwith – now/at once/immediately
33. Instant case – this case
34. Save – except/keep
35. Style – name/form
36. Sui juris – legally competent
37. Sui generis – unique/one of a kind
38. To wit – namely/the following
39. Same (pronoun) – it
40. These presents – these documents

Cognizant of – aware of/knows

Concur – agree

Echelon – level

Elucidate – explain or clarify

Evince – show

Notwithstanding – despite

Anent – concerning

Aver – state

Bona fide – good faith

Feral – wild

In esse – in being

Tabula rasa – clean slate

Legal writing is the kind of writing used by lawyers, law professors, judges and other workers in the field
of law to express legal rights, obligations and opinions.

Types

1. Informative writing – conveys information on an issue involving the law or a person’s legal
rights. It does not take sides.
2. Persuasive writing – convinces the reader to accept a certain viewpoint. Writer agues for a
particular side or perspective.
3. Functional writing – designed for a specific use or result in law. Need not to be analytical or
persuasive. Enough to be accurate and complete yet understandable.

Two broad categories of legal writing

A. Legal Analysis
1. Predictive Analysis – predictive document deals with legal questions in 3 ways:
a. Analysis – facts and law are analyzed and studied closely
b. Prediction – outcome of legal question is predicted.
 c. Recommendation – the writer gives his advice or recommendations as to what is the
best line of action under the circumstances.
2. Persuasive Analysis – attempts to persuade a deciding authority to decide the case in favor
of the writer’s client.
B. Legal Drafting – functional type of legal writing. Writer creates a legally binding or uses an
already available template found in Legal Forms handbooks. Requires no legal authority. Legal
forms deals with legal writing.

Memorandum – to be remembered. Explains and summarizes specific points of law.

Pleading – formal presentation of claims and defenses by parties to a lawsuit.

Motion – written or oral application made to a court or judge to obtain a ruling or order directing that
some act be done in favor of the applicant.

Brief – written document drawn up by an attorney for a party in a lawsuit. Concisely stated the
following:

1. Issues of a lawsuit
2. Facts that bring the parties to court
3. Relevant laws that can affect the subject of the dispute; and
4. Arguments that explain how the law applies to the particular facts so that the case will be
decided in the party’s favor

Appellate brief – writing that must be filed with an appellate court so that the court may evaluate
whether the decision of the lower court should be reversed because of some error or impropriety that
occurred during the trial.

Things you never write in Law school:

1. Never say “I think”

2. “In my opinion”
3. “I believe”
4. “In my own understanding”
5. “Base on what I understand”
6. “You”

Deductive Reasoning – see the big picture first then get the details later.

Inductive Reasoning – samples first then followed by conclusions.