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Legal dispute-when one party complains about another party violating his or her rights but the

other party denies it. If the party does not deny the complaint, it is not a legal dispute.
*there must be a complaint
*somebody must deny the complaint 

Why do we need to know when there is a legal dispute? This will provide the principal issue of
the case, this will also be the basis of the case decision. The principal issue will be the basis if
the court says it is in your favor
 Legal documents must be regarding the principal issue 

When writing legal documents, the goal is to convince the reader 

Stages of Legal Writing


*Prework -identify the purpose, what kind of legal document you will write. 
-In prework, first establish what is the legal dispute. Ex, Contract of Service wherein B promised
maintenance and cleaning of the building of A once a week for a particular week, if person B
failed to comply with his obligation in the contract of service, person A can file a complaint for
breach of contract, to demand compliance from person B. 

-Is there already a legal dispute when A filed a complaint? 


No. If B denies then there is a legal dispute. 
The legal dispute is breach of contract. 

Next, discover and find out the relevant facts in relation to the legal dispute. 

*Contract-this only proves that there is a contract between A and B 


*Provision-promise to clean the apartment 
*Witnesses- service company 
*Most relevant fact-that B did not render service hence, there must be proof that Mr. B did not
appear anymore say, in week 2 or 3. This must be added to the complaint to prove breach of
contract. Must provide facts that Mr. B did not do his obligation. So, A had to hire a service
company. 

Know the laws or rules 


-Law on Obligations and Contracts

After determining the applicable laws in your case, you have to identify the issue or issues that
you should address. 
-you are on the 3rd month and B is not complying

Issues: 
1. Whether the contract of service between A and B be rescinded. 
2. Whether or not A is entitled to damages for incurring additional expenses for hiring
another company or suffered (stressed for 2 weeks due to the building being dirty and
you were forced to clean it up) 
-Last stage in prework. Look for arguments you can use for the complaint. 
For Mr. B, no breach of contract. 
-B did not comply with the contract due to fortuitous events or force majeur 
-medical concern experienced by B
-problem on compensation by Mr. B 
*The defendant can claim damages. B was asked to go despite force majeur, that B was not
paid at the right time with the proper amount, making B entitled to damages. 
*Claim for baseless suit, complaint may be filed whether A’s complaint was baseless and
whether B has right to damages
*reader is the judge 

Issues (for B)
-can the defendant get damages? 
1. Whether or not A’s complaint is baseless
2. Whether or not B has right to damages. 

Prework of Complainant and Defendant 


1. Establish when there is a legal dispute-this will be the principal issue. If you are a
complainant, make sure you can support your complaint. If you are the other party, say
that you are not liable for breach of contract. 
2. Find the relevant facts 
3. What arguments are you going to use based on the issues. 

Writeup
First, two legs of legal writing is the facts and the laws involved in the case. When you gather
your facts, do not only gather facts in relation to the case, gather facts based on the stand of
your opposing parties or examine the facts that the opposing party raised. 

When gathering facts, take notes of the facts because you have to assess the facts and
summarize it before going to the actual write up. 

If you have several facts, identify facts that you need to support your case. Facts should always
support the principal issue. 

-organize everything that you have identified during the prework 

Facts: Sec. 10 of Ordinance No. 105 of CC provided at least 10% of the total area of any
memorial park established within its jurisdiction, should be set aside for charity burial for its
pauper residents. And no permit to establish, and operate a memorial park shall be granted
without applicants agreeing to such conditions. That ordinance was questioned
-a valid exercise of police power
-it is for public purpose in relation to the paupers
-in relation to the health and safety of the residents 

Make a paper on behalf of your client, the memorial park owner. Your refusal to comply with
Sec. 10 of Ordinance no. 105
1. What is the legal dispute, identify
2. What are the facts supporting your case? 
3. Identify the law
4. What are the issues 
5. What would be your possible arguments

August 23 is the deadline. 

Sec. 10 of the ordinance no. 105 of CCP provided 10% of the total area of any memorial park
established within its jurisdiction should be set aside for a pauper residence, no permit to
establish, operate and maintain a private memorial park shall be granted without the applicants
conformity and agreeing to such condition.

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