CHAPTER! INTRODUCTION he lenguage of law must not be foreign tothe ears “oftose who are i obey it” — Learned Hand, judge and legal philosopher “The lowyer’ greatest weapon is clarity, and its whststone = dudge Prettyman Purpose: ‘Be abloto define legal writing, its types and categories. Bo able to name evamples within each category. 1 LEGAL WRITING [AL Definition — legal writing isthe kindof writing ud, eter, iw professors, udges nnd ober worker i (Ge fll of aw to express lego! eh aligntiont and, 18. Types— leg writing maybe informative, prruasive Recon 1. Informative writing. conveys formation ou, an sere the law or & person's lea! gh {Ths typeof writing dasa nak iakecsde. Ua goal. Sei uieatur cet of facta recast of wh EERSTNEaR cr memoranda, Iters to cents ‘hl tetoment of fata in brit 2 Persuasive writing2 Lect. wR Acompetne Based proach available legal tole to support his thess."These may be pits of evidence offered in cour, sections of the lust, decisions of the Supreme Court, opinions ot ‘Examples? academic legal writing, motions, pleadings and argument section of the bret. 8, Functional writing is designed for a specific use oF ‘oault inlaw, These are deeds, will. contracts or ‘deafts of laws and ordinances which leyally bind {hose involved. Some specie format, ceremony or Tegal requirement may be present in this type of writing. This type of writing need not be analytical is eno ale II, TWO (@) BROAD CATEGORIES OF LEGAL WRITING AL Leual Analysis 1. Predictive Analysis — ‘A predictive document deals with 2 lgal question in 3 ways: 8. Analysio — The facts and fave ate analvacd ‘and.studiedclosaly, Th fac are then spplicd - {athe law (or jurisprodence’. and they are (aterprated acsording to the meaning of the, az, . ». Prediction — Theonteomeaftheleeal question, ‘whether positive or negative, is predicted © Recommendation — The wrtar, based on the facts and lew, gives his advice of recommenda: ‘on. fo what is the best ln 36 of ation under ‘thecirsomstances, ‘Bxamples: opinion memorandum written {or senior partners and legal opinion liter for clients, a‘ ‘The opinion may bein favor or against the squgstion raised by the client. Preditive documents belong to the infor- ative type of legal writing. counrran a sermODUCTION 2. Persuasive Analysis — A persuasive document atlempis 2 persuade 4 Judge, arbiter or any other deciding authority ‘Examples pleadings, motions and bref B. Legal Drafting "This is the functional type of legal writing. Here or use, ana ‘handbooks Among the examples are: contracts, deeds (eg. of ele or mortgage) wils and tstaments for private persons, and laws, regulations and ordinances which bind the public in general ‘Lagal drafting requires “log authority. Aseparate subject in the law currieulam, “Legal Forms,” deals with legal drafting IIL, DEFINITION OF TERMS A. Memorandura— itorlly "to beremembered™ is paper that explains and summarizes specific point of law fara judge for another attorney or ora client, Pleading — ‘The Gamal presentation of claims and uianacs by parties 0-4 lawsuit The specific papers by ‘which ie allegations of parties toa lawsbit are presented {in proper form: specifically the eomplaine of »plaintitt fand tle anauser of a dafondant plus any additional ‘responses to those papers that are authorized by law." i morn du hing remeber i ig of em ‘S50 Gey s war ween othe top ot nt ty 16a eam od ihe te So: ane Berm Dc a “hui last vite Noveber 2000, Grigonis Eagnd the prne ply role hemlet iRhal sd ejisioed tir Gt Thir norte well hoa in Un eal cout te inthe ol eu wir rd bar acne tenth rent ‘Stun ourintheLing demanded ae fay Frm te th oa {Seno themida e tatrth entry, oe repel arta gan mre se more (2 Sand tan peeings that ot out prt’ pon sce7 ca warn conpeteney Based Apc Motion — A.swritten or ara application made ta court rjudgetoobtaina ling oronder directing that anmeac} hedone infsvor ofthe applicant, The applicant is known ‘the moving party or the movant. Beamples: ‘A motion to d'smiss asks the court to dismiss an action because the initial pleading, or complaint, fails to Sate a cause of action oF claim for which the law orow'des ‘remedy P ‘A motion for summary judgment, also known as 1 motion for judgment on the pleadings, asks the court to make a judgment solely on the facts set zrth in the pleadings, without the secessty of tral. A eourt will grant @ summary judgment metion when the material facts ofthe ease are notin dispute and all that remains to be determined are question. of aw. Brief — A yritten docu-rent drawn up by an atone fr, ‘party ina lawaninor by appearing pro se that concisely ‘tates the fllseins 1, issues ofa lawsuit; 4. —fcts that bring the parties to court 2, relevant laws that ‘can affect the subject of the pate; and 4. arguments that explain how the law applies to the particular facte 20 that the ease wil be decided in the party's favor* Appellate Briot — A writing that mustbe fled with an ‘apzellate court so that the court may evaluate whether ‘hedacirion of the lowor court should be reversed bacause {same error or impropriety that occurred during the {Gial A statement of the issues prosented for review, © summary of how pertinent laws alfect the fact, and statement of the relief boing requested are ccsontal ‘loments of an appellate brief. The appelle's brief wil curr . semopueTion ange thatthe lower court acted properly in its judgment and request its afirmance, while the appellants brie vill atempt to convince the eourt to reverse or vacate the Tower cour’ judgment because i acted improper.”CHAPTER II ‘SIMPLICITY “Plain language i, or should be, vers bit as accurate and precise 4s traditional legal writing. Its clearer ~ considerably clearer. It fs usually shorter and fanter. tt atronaly preferred by readers. It ‘would greatly improve the image of lauryers”" — Professor Joseph Kimble, Answering the Critzs of Plain Language "You are no ixs a lawyer for being understondadle” ~ Christopher 7. Late Purpose: Be able to write simply. The student is expected to: a) use short sentences, as a rule; b) avoid wordy expreasions cliches and {autology; ©) avoid elaborating on the obviow=* yet to the point ‘sooneat ¢) minimize the use of connectives and relative pronouns; ‘avoid convelnted word constructions and g) replace multsylaLie terms with shorter, more understandable words. [ELEMENTS OF LECAL WRITING ‘The olemonts of logal writing are: a) simplicity; b) laity, and) persuasiveness A. Simplicity Simplicity in writing means to write plainly and simply. To observe the rules on “economy of expression,” ‘ach sentence must say what the writer means end means ‘what the veriter wants to say. Conveluted words and ‘word-constructions mus be avoided. This is best done by preferring shorter sentences, and choosing shorter words Repetition must also be avoided as much a8 possible. cunrren 1 ‘SPLicery According to William Zinsser in his tips on writing ‘well, clutler is a disease in writing! The socrot of food writing is to strip every sentence to its cleanest ‘component. Every ward that serves no function, every Jog word that coald be a short word, overy adverb which carries the samne meaning that i already in the verb, ‘weakens the sentence. We are a society strangling in TUnnecessery words, cireular constrictions, pompous fils and meaningless jargon. ‘Who can understand che visrous language of every- day American commerce and enterprve: to business lt- ter, the interoffice memo, the corporatian report, the no- te from the bank explaining its latst “simplified” state. tment? What member ot an ineurance or medical pian can decipher the brochure that tlls him what his cots and. ‘henefita cae? What father or mother ean put together a chil’ toy on Christma Eve or any other eve — from the {structions un the box? Our national tendency is to in- flate and thereby sound important. Tho srlne pilot who ‘wakes us to announce that he is presently anticipating Caperiencing considerable weather wouldnt dream of Saying that there's a storm ahead and it may get bumpy. ‘The oentence is leo simple ~ there must be something wrong with it? B, Uso short sentences Lawyers generally write in long sentences. A com plain, say, fr replerin may eontain paragraphs consist Ing af oniy one sentence. For example: “The herein plaintiff is willing ond ready to give « bond pursuant tothe Rules of Court ‘xeruted in favor ofthe defendant inthe instant ‘case in an amount double the valuation ofthe “subject personal property above described, and forthe return ofthe sume property if the return rsa W080, On Weng Wel An Infra Gude to Write Nenton, "New York Harper ow 800 ‘Recep property.' ‘pal WRITING Aconptene Bed Arne thereof be adjudgs, and for the payment to the same defendant of such amount as he may recover from the plaintiff in the herein action.” “Thesenteree above contains 76 words inno les than 7 separate thoughts, Whereas a good sentence typically conteins only one main thought in less than 25 words. By “ypltlly" means that a sentence may have more than cone thought Its howev-r preferable to express anly one for at most two though's in a statement. Long sentences make one» weting unwieldy and siffealt to understand, They tax :he readers concentra~ ‘ton and memory. He will have a hard tine figuring our ‘what the writer wants to say ashe wades through thick: ‘ts of main snd subordinat» clauses. Our sample state- ‘ment may be rewritten: “The plaintiff is willing to give a bond double the value ofthe property. He ikeise un- dertaes to return the prenerty tothe defendant forpay him such amount if adjudged to do 0." While short sentences are recommended, one may ‘ceasionally use Tonger ones for variety Mark Twain, ‘tdvised writers to stick to short sentences, However, he added: “At ties (he writer) may indulge himself swith lorg one, but he will make sure there ae no folds in te, no vagueness, no parenthetical Interruptions ofits vito a8 a whole; when he ‘has done with it, it won't be @seo-serpent ith hhlf ofits arches under the water twill be a toreh-light procession. €. Omit needless words ‘Simplicity and economy are good qualities to have in legal writing. One iaust therefore omit unnecessary words gaan Breet ern "D Compt ain Word, 19867 80S, seed ny Gon ol Rat Wat 0) ly Wie rs couaprenit ° Struicrry RULES 1. Avoid wordy expressions ‘Simpler construction is preferred than wsing ton many words toexpress an idea. Wordy; ‘The cars were bought for the purpose of starting a taxi Dbusinoe.| "The care wore bought to start taxi busines. ‘the brothers succeeded in baking two huge ice ey ing-renovation loon ie conditioned upon a. fre there is no doubt ant no doubt, doubtless re eee ae ee inorder a The recest bankrupty of X Insurance caused concern eis offs we, ws to potential borrowers. I ia the only fire insurance {with regard to [about, on aa. 6 Minimize the use of connectives and relative pronouns ‘Some writers habitually string together two or more sentences ‘using connectives and relatives, Connectives may be: a) coordinate ‘conjunctions such ax “snd” and “but™ which join clauses of equal ‘rank; orb) subordinate conjunctions such a5 “as,” “because,” “if” “hat” “though? which connect to the principal clause a elause of ‘minor rank. Relative pronouns o “relatives” relate to an antecedent “and In.roduces a qualifying clause, eg, 1met my cousins who taught se bowling Exampls f relatives: Subjective Possess ‘Objective [wh [wheae shorn [which lof which [whieh ihe corinne conjunction ae er nr fr, ead As shown, a single sentence composed of lnc causes joined by connectives may be recast in simple rentences, The result preserves the original tkought-ow ofthe writer without taxing the reacer ogo through great lengths. If anything, clarity and conciseness is achieved Tes leo possible to join two clauses witha semi-stor instead of connective(CHAPTER lil CLARITY “Phere is nothing as mysterious as something leery seen." = Robert Prost “The pric: of clarity, of course is thatthe clearer the document ‘the more obvious its substantive deficiencies, For the lazy ‘or dll his price may be too high.” = Rood Dickerson, Professor of Law, Indiana University Papo Students are expected ta: a) use concrete instead of abstract termi, b) when abstract terms could not be avoided, to back them up ‘with illustrative examples; ) avoid wide gape between subject verb ‘and object; d) avald nested modifiers; ) avoid dangling modifiers, 1 avoid ambiguous pronoun referencr;g) ovoid panetuationa which ‘cause ambiguity, apply the seven rales of clear writing. CLARITY Clarity in writing resulta when the writer is sblo to xpress exacly (and unambiguously) what he wans to be ‘alloted on his work. The lat thing a writer would want isto confuse his readers, On one love, clear writing involves clarity fexpreasion and sentence structure. On another, deeper level larity refers elesrness of one's logie and arguments, Clear expression happens when what one thinks is reflected on that which one haa waitten. To check f this as | ‘happened, the writer must re-oad his work and look att frum | ‘the point of view of the ordinary reader. The writer must check for ambiguities, hati, ifzome terms may have more than one meaning. Generally, what is unclear forthe writer is likewise “unelear forthe reader Acardinal prinsiplc in clear writing is tobe concrete. This wll prevent anubiguity and room for misinterpretation, “Many Filipinos are in favor of contraceptives” is abstract when compared to “a 2007 research conducted by the University of Eastern Visayss shows that 75% of Filipinos above 21 are {in favor of using condoma.” When one eannot help using. an abstract statsment, thir most be allowed by conerete examples USE FAMILIAR AND CONCRETE WORDS Aristotle aid that “Style Jobe ood must be clear.that perch which fil to convey plain meaning wil fail odo just What speech has to do..Clearness cs secured by using words {noune and verbs alike) that are current anc ordinary.” Plain mecning is a by product ofthe use of definite and ‘concrete language. This makes fr vivid writing, one which ean he easily grasped as itis picturesque” Preference for abstract ‘words makos one's prose indefinite and vague. Example: Abstract ‘She sustained bereavement of paternal relative Concrete Her father ded. Abstract er counset failed to come because of the onset of {inclement weather. Concrete Hr counsel could not come due tothe slorm. Abstract ‘You need agriculturalimplements todo thejob of planting trees, Concrete ‘You need a epado to plant troseboa wnerInG ‘Acompetensy Baa Approach ‘The use of aighfalutin words is ofton an attempt to cover for one's inability to be definite or specific. For instance “birds of ‘the eame feather lock together” can become “celestial denizens ‘of identical plumage congregate in their own proximity” ‘The graphic deseription in Exodus 8:7 of Moses inflicting ‘plogue on Eaypt which orginally reads: “He lifted up the rod and smote the waters ofthe river. and all he watere that were inthe river were furmed to blood. ind the fic that wore in the river ‘ded; and the river ssank, and the Egyptians could not drink the water ofthe river; and there was blood throughout the land of Eaypt 1 become! the hands of sentimental and florid. writers “The water os impacted by his rod, whereup on a polluting effet was achieved. The consequent Tosifcation reduced the conditions necessary for the “sustenance of the indigenous population of aqvatic tertebraes below the level of viability. Olfactory dis comfort standards were substantially exceeded, and potbility declined. Social, ecsnamic and political ‘disorientation were experienced an unprecedente! degree ‘Thus, why say: “member of the feline family” when one is ty talking about a "cat," or eay he “rendered a negetive reoponse on the subject of my solicitations” when tuhet one means is he “denied my request.” onsECT A. Gaps may IIL, AVOID WIDE GAPS BETWEEN SUBJECT, VER AND ‘A sentence normally consists of a subject and a verb, with the object (irany) flowing the ver, e4, The lawyer shouted af the witness If these thre are paced in Tai ere, ec, order and near one another, the sentence becomes easily Understandable. Putting modifiers between the subject land verb or between the verb and its object makes for ‘tedious writing ‘With gap between subject and verb: “Tho plaintif,dgusted at how long it took for the court to decide such asimple ejectment case, ‘led a motion for early reoleton.” Improved: “The plaintiff ed a motion for early resolution, He was disgusted atthe court delay in resolving i simple cjectment ens.” 1B. Modifying the modifiers Particulacly avoid “nested modifiers” which modify ‘tho medifiars, When thie happens, take away the “nest” of ‘modifiors and make a separate sentence. ‘With Nested Modifier: “Antonieto Doro, who ‘as defendant's uncl, and among those defrauded Sy him, Bled before ‘te court closed for Christmas vacation a Motion to Titervene” Improved: “Defendants urele, Antonieto Doro, Med a Motion is Zatecscne befire the sourt closed (Christmas vacation. He was among thove defrauded by defendant Poor: “Maria, who at that time was carrying a bundle of newig-rinaed clothes some of which belong to Dlainttte son, while trying to eseape through the bake gat, war caught by the plait there.” Improved: “Maria was caught by the plainti atthe back ‘gato es she tried to escape, Sho carried a bundle‘Lb WRITING. ‘compen Bed Sopot of nowly-rinsed clothes, same of which belonged to plaints son "(passive) “The plain eaught Maria atthe back gate as she tried to escape. She carried a bundle of newly- insed clothes, sume of which belonged to plaintiff's son." (active) IV. AVOiD MISPLACED OR DANGLING MODIFIERS A. Concept A modifier isa woed or phrase that describes 2 gives more detail about a concept A dangling modifier attempts to clay a word not clearly stated in the sentetce. As a rule the writer has & fale amount of freedom where {9 ‘place his moder ina sentance, eg. He edited the letter quickly. He quiekly edited the letter Quickly, he edited the lett, In the above example, the thought ofthe sentence simaing, When a modifier ip misplaced, the meaning rages since the modiier appears to describe the wrong thing: For exami: New Dalakit Municipal Elementary School (orhich ie “ne,” “Dnlakit” or the “Elemen Scoaui") ‘Our policy is to give our buyers the lowest possible prices and workmanship. (Surely the shop- ‘owner means "to give our buyer. workmanship at lowest possible pris”) “Mental Health Prevention Center" (A sign in 1 hospital clearly containing a mieplaced modifier. ‘What it means is probably “Mental Health Disease Prevention Conter”) “Ribbos-eutting ceremony” (Better: “Cutting of ‘the Rikbon Coremong," as it is the ribbon being eut, ‘not the ribbon that does the eutting) 1B. Rules in revising dangling modifiers 1 Place sinle-word modifiers near the word or phrases that they modify, expecially ifthe mediir tends to describe the wrong word. Poor: He almost ate all the, deserts in the party (here the subject has not yet eaten) Better: He ate almost all the desserts inthe party. Poor: ‘The judge could understand th locano spoken ‘by the witnesses cai (Query: Did the judge understand “easily” or id the witnesses spoke “easily? Better: ‘The judge coul easily understand the leeano spoken bythe witnesses. Likewise, place the modifying phrase or clause closest to the word it modifies. Misplacing these modifiers next to the wrong word often seen ‘anges the meaning of the ceutenes For exemple: Poor: T heard that my wife intexded to throw & surprise birthday party for me while Twas outside her office window. etter While T seas outside her office window, heard that my wife intended to throw surprise ‘birthday party for me. Poor: “Three television sets were reerted stolen by the Dalahit City police yesterday”oe WRITING compton Bed Approach Batter “The Delakit City police reported that three television sot were stolen yesterday.” ‘The wrong placement of modifies can have absurd results For example Poor: “Calf born to farmer with two heads” Better: Calf with two heads born to farmer” Poor: “Paling a thousand feet from the iff, we nally sow Pagsonjan Palle.” Batter “We finally saw Possanjan Falls falling thousand feet from the tiff” 3. By categorically naming the doer, « dangling modifier ean be eliminated. For exam Poor Having finished washing the dishes, the door Since the doar of the action expressed in the participle "having finished” was not early stated, {he pertcipial phrase beear:e a dangling mesifier. ‘The modifier modified nathing ince obviously itwas ‘ot the “door” that finished washing tho dishes. Better “Having finished washing the dishes, Martha closed the door. \V. AVOID THE AMBIGUOUS PRONOUN REFERENCE A. Concept Careless uso of pronouns ean result in ambiguity problems. This cocura when the writer allows multiple curren 2 ‘cunt ‘antecedents as possible references to a single pronoun. Pronouns, when not placod properly, can point to 23 wrong oun thereby. changing the meaning of ‘the Mintetece gt "Your skills will surely benefit your friends Soe sure to wee them.” The antecedent of them” may be hills or friend” making the sentence ambiguous. How to avoid ambiguous pronoun reference 4. ‘Toavoid confusion, one must rephrase the sentence ‘twclearly identify the antecedent. For exam Poor: ‘Robert’ father wil use his car forthe pine, {snot clearly statad here ifwhose car ill be used.) Better: Roberts father will use Roberts car for the pieni. (if roferring 0 Eabert, ot) Robert father will use the laters ear forthe pieni, (referring tothe father) ‘2 Deanonstrative pronouns such as this, that, thewe, have, hem should only beused when the antecedent is definitly established, For exampl Poor: Repressed jeeloury and hatred among brothers cand sinters i counterproductve. You must get rid of. them, (docs "them’ ees to ealousy and hatred or to the siblings? Better: Repressed joloury and huired among siblings is counterproductive. You must get rid of theve feelings. ‘Sometimes the use of demonstrative provouns is inherently ambiguous because the antecedent is ot given but assumed,a Lecat warmNG ‘Acompetene Based Approach For example: Poor: ‘That is what I have been waiting to hear from you, (What does that refer to) Better ‘That pase “love thy neighbor” is what I have boom ett to ear from vou. ‘VL. PUNCTUATIONS MUST AVOID, NOT CAUSE AMGI- curry Punctuations are mart in writtan communication used to help the reader better understand the matczial. One such ‘use sta climinate ambiguity. Recklos use of punctuation ean Ihave abeurd rorlts ‘The coral comma,’ which is used bofore the conjunction and or or in list of three of sore items, is a ease in point. ‘Without the serial comme, the Governar and the Prosident become eostenchers the author in this statement: “The wrer gratefully acknowledges the invaluable help of his co-teachers in th. State University, the Honorable Governor and the President ‘of the Republi ofthe Philippines." Wore, the sentence implies that the Philippine president 18 provincial governor at the fcme time, The ambiguity can be cured by putting a serial ‘Suunma after “governor” et, “the Honorable Governor, and the President ofthe Republic of the Phitppines.” ‘The following sentence ie ambiguoue: “I cook banana, carro, ube and chocolate cahes.” The reader would not know ‘Fhree or four cakes are being talkod about. Putting a comma, fer Cube,” indeator thatthe “ube,” and “chocolate” cakes are separate. (On the other hand, reckless use ofthe serial comma also results in ambiguity, eg, “The writer gratefully acknowledges the intaluable help of his mother, the Honorable Provincial Governor Elsie Explera, and the Presiden ofthe Republic of the Philippines” Here, the author unwittingy made it appear that the ledy Governors his mother when such is not the case. “As ae th “Oni aman “are seme” or erin opr “hog Gielen iba ce Ae curren = ARTY "To oid both eases from occurring, the sentence has o be rephrased to avid listing the items in an ambiguous manner. er example, after “mother,” put the cmjunction “as well as,” ify his mother as well asthe Honorable Provincial Governor Elsie Byplera.” ‘VIL. RULES IN CLEAR WRITING ‘A. Beclear on your point Good legal writing, a in all good communication for ‘that matter, requires that Uhe author must have a point, find is clear shout it. Writere who are not sure what they ‘want to say cannot be understood. Their work appears to ith the reader not knowing where he oF che “There are throe ways to know when ane is unsure of his or her point ) by overdeseribing the background to What one wants to sy; b) by being unsure whether one {sor or against a certain topi, and ©) having too many points within ane work, 1B, Make sure your point is communicated at once ‘As important as having a point, isto go direct to the point in one's paper. There is no use heving 2 long {introduction and then stating one point near the end. BY this im: the readers either tired or pualed not knowing, ‘where the materia is headed. C. Have a structure. This is wiere you put your data, ‘analysis and argument "The inirodction, for enample, must already contain ‘asummary or abstract of your work. The beeground must ‘nly be short overview of the prblem cx legal concepts to ‘e disused, Extending an explanation ofthe background vill ire the reader, and will give an impresion tha the Deckzround is already the main concept discussed by the paper. The facts of particular easo under study must tly cite relevant details. Putting in more wil make the ealing tedious, The analysis will discus the writer's “ngumenta, Hero, the writer wil eite facts, profs and {vidence supjortinghis position le mayalsocitecounter- ‘roots agains his postion, and discuss how these wouldcA wRIMING compen Bed Apc {all short of the writer’ arguments Ifthe analysis covers ‘many areas that may be broken into sub-parts, and each part is discussed separately, the paper must end with a hort conclusion which ia summary of the main analysis prevented Observe grammatical rules "This cannot be overemphasized. Nombservance ‘of the rules on grammar subjeets the writer to a whole lot of accusations: from being sloray and Inzy to being ‘uneducated, and worse, someone who writes non ensical’y Be precise Know the exact meaning of the term. If the term is cient legal and has echnical meaning, know beth its ordinary and technical meaning. Never use a term ‘beenuse it “sounds” right, particularly when you are not sure of its definition, To be sure eonsult the dictionary. Also, avid legalese, A separate chapter is devoted to logalese Be Consistent ‘Are my tenses consistently present, or consistently in the past? From whose point of view am T coming from? ‘Who are my irsentod readers? Be logical and clear in your argument As a writer, one must be clear beforchand whether one is describing oF arguing. Ii the paper argues on Something, it ie must be made clear beforchand. ‘The thesis statement must be stated from the very beginning ta guide the readers what the writer is arguing for oF ‘against, Unless the writer is lear with what he or she Intends todo, the paner wil not be clear tothe readers. ales on argumentation (and “persuasiveness”) on paper willbe discussed separately. CHAPTER IV PERSUASIVENESS “Ifyou wish to win a man over to your ideas, frt make him your rend.” Abraham Lincoln Purpose: ‘Tobe able to write persuasively by using any ofthe four modes of legal reasoning” a) rule-based reesoring; b) anclogical (and the fvunter analogical reasoning); «) policy-based reasoning; ang) che parative reasoning. L PERSUASION Persuasion is process where people are guided towards ‘te adoption of an idea or couroe of eetion. In lgal writing ft persuasive document attempts to influence the deciding ‘uthorty to favorably deide the ease in favor of one's client ‘The deciding euthorty a wevaly the judge. However, he may ilso be the sebier (in an arbitration dispute), commissioner, Fearing fice, mediator o ce other party tothe dsp. ‘MODES OF LEGAL REASONING ‘Reasoning is the process of drawing conclusions trom facts or evidence. To resch the desired coneusion, arguments ‘nd proofs may be eed. "There are four modes of legal reasoning: 1) rule-based reasoning: b) analogical and the counter-enelogical reasoning); ‘ypliey-boce4 reasoning; and d the narrative reasoning. A. Rule-based seasoning Inrule-based reasoning, the conclusion i reached by anclyzing and applying the law, rale or legal principle ”Ncompetney Bud Approach example: ‘The law says: a contract is annullable where one of. the parties a incapable of giving consent to a contract! ‘Albert vas 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- ‘leal”) reasoning ‘There are throe possi types of analogical argu- ment: 1. Arguing rom precedent. This type of analogieal argument hhappens when the conclusion is reached by showing mltarities betwee the case decided by the Supreme (Court and the ease ofthe dient. This is usually achieved hy invoking the doctrine cf stare decisis ‘The lawyer reasons by showing that there is dirmet factual similarity between the caso decided upon by the high court and his client’ ence. If the Supreme Court decided the caze this way, then the client's case must be ‘Gecided this way duc to the similarities of facts. To put enversely, my ellen’ case should be decided in “this, manner" beeause after al, the Supreme Court ina case of similar facts also decided inthis manner.” Example In the case in question, Mario was sixteen when he signed he contract in 2008, However be lie sbout his age by misrepreventing himself to be 20. In a case of similar {cte, Mereado e, Bepiritu? Ube Supreme Court declared the deed of sale valid, and cannot be annulled inspite the GE GOpE, Ae 1900 sate" iloving entra ae wide am ta Sen mg here my eben bo daft racing rt) ‘Flam eh ne of thw pari caalle of ging omen os een A ni nd np sts tare ena are heats or antl he ae ‘Eevernmant Saindo 440.68, "Slredow Rap 97 Ps 5. couapran = ‘PERSUASIVENESS fact that two of te four partios were minors. The reason {a their miorepresentation about their age amounted to ‘Coppel: They cannot be made to benefit from their bad faith 2. Argument of same legel opplication. Analogical reasoning ‘nay also be used to show similarities that if the law ‘plies one area, i may be understood to apply to other ‘Sitar areas. In case that attompls to impose damages tn the seller of immovable or real property for failing to Uiscloce a anor dfe-t ofthe property, the lawyer might, frgue that the law has imposed such duty on sellers of Deroonal property as well. He might argue that rule for eal and personal properties are the same a, Mutatis Mutandis Mutat mutandis isan example of argument casing the seme logal applietion. This happens when fone compares multiple situations having multiple Variables where some variables remain constant, ‘while others are allowed tobe changed. For examol, the injunetion in the ten commandments “Thou shalt fot covet thy neighbor's wif” will apply mutatis mutandis to "thy neighbe=s husband” as wel ‘Arico 111 of “The Law af the Sea” states: “The right of bot putsult shall apply ‘mutotis mutandis {o violations in the exclusive economic 20ne oF fon the continental shelf, inciuding sefety zones ‘tround continental abel! installation, of the laws find regulate “fa coastal State npplicable in fteeardance with this Convention to the exclusive fceonomle zone oF the continental shelf, including ‘such eafety ones. 3. Argument using common sense analogy. Analogical ‘rquments may be used by staring with something that everyone acepts “Tap rl of equity wth eer dion or epee erate te penn ning sd event ren dei he ase SROSEELAREG play re aed tren Sng velo 9200.87. ia“ necmarychngeravne en ad SAE RRS Tanil tne La fh Sen), ARTICLE 11: Sect 2Acompetney Based Appt Example: 'A person might argue that death penalty must be restored beeause the body of society is just like the body of ‘a person. Ifa man has severe tooth ache, the logical way {sto extract the toth, A heinous criminal i just like the ‘oad tooth b, Counter-analogical reasoning Counter analogical reasoning is the opposite of analogical reasoning. While the later concludes by pointing out the similarities, counter-analogical reasoning concludes by pointing out_releoant ‘ifferencee botween the case and the client's fats, Counter analogial reasoning 1s usually use! to Alebunk or destrey the ather partys prior use of ‘tnalogieal rearoning, by stating that the case cited ‘tnd the client situation are actually different, th tno common conclision ean be inferred from’ bows situations. Example ‘Tho opponent might use counter-analezical reaoning by saying trot in the Mereado . Espiritu Case, the minor's representation misled the other party for after Il the minors had passed the age Ot puberty and truly oked like adults. While in the other eas, even if Mario, the seller, lied about his age there is x> wav the buyer could be misled because the Mario Is a baby-face sixteen year ol. "That the seller has not passed the age of puberty, ‘and nelther does he lock like an adult. Thus, there fre no factual similarities in both cases. {In the tooth-extraction case as an analogy why death sentence should be imposed, the opposing party who is against death penaly might reason Using counter analogy by saying satirielly that if “my tooth aches, I may have it pulled, such that if sy head aches, { may have it cut.” This is another ‘way ofteling Uuat there are not enough similarities betweon tooth ‘extraction and death penalty 0 warrant a eonelusion. curren a PRU ASIVINES ©. Poliey-based reasoning Policy-based reasoning reaches, conclusion by connecting the facts of the case to tho state's existing policy, Les what would be “best” for the society at large. Publ policy io “rocognized or established by the State in determining what act are unlawful as (they are] ‘dcemed injurious tothe public or contrary tothe public food” Ths, an agreement is agaitst public paliy if it e'Sajarious to the interests of the public, contravenes ome established interest of society, violates some public ‘Stats, aagainet good moral, tends to interfere withthe Dubz welfare or safety, or iit is at war with the intarests Puocaty anti in confict withthe morals ofthe time.” Bxample: ‘Mario should not be bound by the contract. Young poop!s whese minds and marnla are not yet fully formed Thou not suffer from the harmful consequences ofthese facta which they themselves could not fully consent to. Ho ‘ot yet mature enough to consider the fll consequences ‘this decisions He deserves to be protected, not punished. D._ Narrative reasoning Narrative reasoning the conclusion by telling @ story thas shows the context, description and perspective {That appeals fo commonly-held ideas of justice, merey or fairness. Example: Narrative where there is possibility of undue intuence: ‘Mario should not Be Bound by the contract he signed because Joey, the car-denler for 25 ‘Jeore, pressured Mario, discouraged him frm Zalling his parents to ask for advice and telling Tim that enother buye= was looking atthe car Gt that very moment. Jory lowered his voice, (aids “Pl fll you what Tit do “TH give you Beet Dan, 17HE dane 7187. ‘Supine Comin, SPRLoa WRITING ‘compen Bae Apron ‘onus of P5,000 on top of your selling price, if ‘yo will allow me to facilitate the sale of your ‘ar tothe buyer. This Bonus i secret between Ws Tada demande, Lege Writing Process, nabs Or tion, apa lata Baines, 190d CHAPTER V FALLACY “A person should refrain from all those things that take him ‘towards fallacy, misery ignorance and degradation.” = Atharva Veda quote Purposes fala L "To recognize the diferent clasts of formal and informal "To avoid using fallacies in one's documents and pleadings. CONCEPT Fallacy is an eror in rsagning. A lawyer spends lot of time anguing and reasoning for hia eliont. Tu, ii vital that the knows the priciplsof snd reasoning to avoid fallacies. He must aloo be able 'o spot fallacy in others. Errors in reasoning {Keeps us from arriving at the truth. One's thinking is slanted ‘and displace, Worse, he would not new it. It takos skill to ‘wade through layers of arguments and pinpoint fallacies. A” ‘analytical mind is one of truth’ allies, nd falsehoods fos MAIN TYPES Fallacy may be: A. Formal fallacy is an invalid argument, an erroneous inference. Its an error in deduetive reasoning where the ‘conclusion doesnot necesserilyfllow rom the premises. 1B, Informal fallacy cx inctive fallary $s an error in reasoning ina frm which doesnot fllow the traditional formal structures o logica cal. warn 111, DEDUCTION ‘Deduction isto reason from general principles (or truth) to partivular instances of that truth Example ‘Alcala are mortal. (anajor premise) Smiles acat, (cninor premise) ‘Therefore, Smila is mortal. (conclusion) Fora deductive argument tobe valid, it must be absolutely established that both major end minor premises ar true. I'the ‘premises are true, the conclusion is valid. If Smal then itis mortal, But if Srila ia not a ea, but a cell phone ‘rand (making the statement “Sala is a eat” fale), thes, the ‘conclusion is invalid, If“all members of the garg participated in the mauling” aand“Pinois a member of the gang," are true, then the conclusion “Pino is gully of masiing” is true. IV. DEDUCTIVE FALLACY Otherwise called “formal” or “logical” fllay, deductive Jallacy presents an error in deductive reasoning, in that the ‘rouclusion arrived at is logieslly awed or absurd. There are Several types of deductive fallacy. The three main types are Aiscussed below: Uh fallacy of the ict major, the fallacy of ‘the ilicit minor and the fallacy of tie undistributed mide, A. Fallacy of the icit major ‘This fallacy hoppers when the major term (predicate ofthe major premise) i particular” (or"nct distributed”) fn the major term, but a “universal” istributod") in the fenclusion, A simple way to understand this fallacy is: ‘Some studenta sf dhat schoo! deink alehol; therefore, all sudente in that echool drink alechol some students” is particular in the premise but universal in the conclusion). ‘This is fallacious because mo universal conclusion can be inferred from a partie:lar premise. Otherwise, one Decornes guilty of hasty gencralization. curry Ps FALLACY Bxamples: [AI Bicolanee are Filipinos. (True. Here, “Bicolanos” is ‘universal but “Filipinas” are particular. The reason is while “all” Bicolanas are Pilipinas nly some Filipinat are Biolanos. Thus “Filipino” which is the “major term” ‘used in a “particular, moc) Beclanos are ‘ot Cebuanoa. (trae. Both “Bicolano” and Cebuano” are univertls. Tis premise may bbe restated aa "No Biolano is Cebuano, *No Cebuano is Biclano" ‘Therefore, Cebuanos are not Filipinos. (he conclusion i false. The reason is the Fallacy of the Mlict| Major, which made the major term (which wes “particular” Inthe major premise, ea, Fillpinys) a “universal” in the conclusion Not Filipinos” ae universal because it may bye restated as “No Cebuano is Filipine™ or tr conversely: No Filipino is Cebuano." The fnelusion making the major term universal (ea, Filipino) is fallacious ‘All Catholics are Christians. Catholis are not Protestants, ‘Therefore, Protestants are aot Christians (The fllay i ‘elfexplanatory, since Protestants are lik wise Christians. “Christians” ie particular (undistributed) in the majar promice but tuniversa! (distributed) inthe coneluson ‘Thus che fallacy) UP law students are excellent students ‘San Beda students are not UP students, ‘Therefore, San Beda students are not exellent students, (Obviously a fallacy. Many times, San Boda students hed excoled.) Fallacy of the Mlicit Minor Fallacy of illicit minor happens when the minor ‘term (the predicae in the minor premise) i particularcompton Based Approach (or undistributed) in the minor premise but becomes ‘universal (or distributed) in the conclusion. ‘The basis (minor term) being particular, cannot sustain a universal canclusion, hence the fallacy. Examples: All lawyers are bar passers. Al lawyers are professionals. (Here, “professional” the ‘minor term i part=ular or wndistributed, ‘Therefore, all professionals are bar passers, (Inthe con- clusion, “professional” is universal A universal conclusion was arrived at from a particular ‘promise. Thisisa fallacy since nt al profes- sionals are bar passers) ‘The fallacy is more egregious inthe following: All criminals deserve tobe punished. Alloriminals deserve another chance, ‘Therefore, all of thore deserving another chance, deserve tobe punished Pallacy of tho undistributed middle Fallacy ofthe undistributed middle occurs wis the ridale term (tho torm thet appears in both major and ‘minor premise) remeins particelar (undistributed) in oth prominas Bxcmplos Allcriminals have tattoos, Jntino has tatoo ‘Therefore, Jonlino ia a criminal. (This is fallacy since ‘ot all persons with tattoos aro criminals ‘Tatico in both major and minor premise is particular, thus it eannot be universalized in ‘he conclusion that just because Jonino has ‘tattoo he is necoscavly a criminal All communists are atheists casera v » PALA Lusino isan atheist ‘Therefore, Lusino is a communist. INFORMAL FALLACY Informal fllay is an error in reasoning occurring within non-traditional forme of inference. Taformal fallacies are also Ienown as semiformal,quasi-formal or inductive fallacies, |. TYPES OF INFORMAL FALLACY ‘The following is alist of common infernal fillies 1, Ad Hominem — from Latin ‘argument fo the man,” fan argument reiecting @ persoas views by atacking or ‘busing his personality, character, motives, intentions, ‘qualifieativns te, aa opposed to providing evidence why the views are incorrect. ‘example: What Lolino testified in court should not be ‘etieved. Aral, e ia known communist sympathizer. ‘The form followed by argumentum ad hominem is usually: Mr. A makes a claim or assertion, (Mr. B attacks onthe person of Mi. A. "Therefore, Mr. As elaim or assertion is als, "This is flacious because the person may (or may nat) have @ bearing on the truth of his assertions. The truth of Me, A's assertion should be subjected to tests ‘thor than a mere attack on the personality, charactor or iotivation of Mr. A, the laimant 2. Ad Hominem Tu Quoque ~ from Latin “you to," argues ‘hat a person's claim it fase because it i inconsistent ‘vith what that persons earlier statement ar action. Bxample: Antonina teaches the message of love and peace. ‘Yt sho does not practice tT have seen her berate her studente, Fran, tionary of Phlphy, Bare snd Nabe aks, 106‘Bones pro-divorce stance should be rejected. ARer she was an antidivore activist just a year ago. ‘This is fallacious because Bonne may have changed in the meantime. Theyalidity ofthe claim shouldbe tested ‘bya criteria ether than the claimant's view or character. Appeal to Authority —happensinany ofthe two instances: 18) when one appeals to authority or custom, tradition, ‘nettution oF book) in order to gain aceeptance af point inves oF 1) when one appeals to the feelings of reverence or reepect ve have of those in authority or those who are famous Apps to authority i known by other names: felley of argumentum ad verecundiam, argument authority, fngumont to veneration, fallacious appeal to authority, ‘misuse of authority, irlevant authority, quostionablo ‘suthorty, inappropriate authority. all, Example 1 believe that the statement ‘you cannot legislate ‘morality’is true, beeatse President Eisenhower said it” [ruse Maskina astringent because Ms. V, my favorite ‘Jose: Thelieve just lke there in the US. that abortion is lgal and moral within the first six moths. A person must have the right to decide what todo ‘with her body. Zeny: bog o disagree. Our universitystop lady sience professor holds thst rion is immoral Jose: Why? Is she an expert on mora Zeny: She's an expert on marine worms. Appeal to Belief — algo known as appeal to popularity, {is the argument Uhat because many’ people believe in claim, that claim must be true. Its fallacious in that just Docause many (er most) people hold a belief to be true, ‘auch believers are nat an evidence that the claim put forward is indeed true Example: During Galil’s time, most believed the ‘sun revalved around the earth. And just because the ‘majority belived in it, does not mean itis true “Appeal to Common Practice — argues that it most people do an act, it must be moral'y correct. This is fallacious in that just becaase something i commonly practiced, this oes not necessarily m2ke an act moral ‘The belie is fallacious in that mumerieal majority alone cannot be a gauge for an act's moray. Por Instance: if an island has 10 people, of whic 6 are non- thieves while 4 are thieves. In this se-up, to be a non- thie “moral” beeause they are the majority. Tn case aa ‘epidemic hits the sland and Kile of the non-thieves, the ‘thieves would now become the majority. Clearly their ‘number alone would not make thievery moral ‘Examples: [paid the ofcal Lecause anyway most people do it nowadays. Since everybody else accepts money from politicians In eletions, Thave no choice but to accept. Appeal to Consequences ofa Belief — argues tata beliet Is true If it leads to desirable consequences. Conversely, a belief is false if ic lead to undesirable consequences, ‘This fallacy is otherwise known a the argumentuam ad consequentiam or argument ta the eonsoquences, ‘The argument ie fallacious i thatthe consequences ofa belief could not be a determinant av tote truth oF falsity of the bli. Brample If my belief that Jooe Rial “is slive” makes me happy, this belief in no way makea it truc that Jose Rizal inalive, [My belo that every tiene I wear a rod shirt I will pest an examination, has no bearing en my actually‘ACen Deed dover passing the examination. It may be thot I prepared for the exam, Appeal to Bmotion — deliberately generates feelings in people so that they will st in a certain way. Appeal to ‘mation assumes that trth comes with good flings, and faleehood with bad feling, og. if it fools bad it must bo ‘wrong Thi becomes fallacious when a person bases his ‘conclusions on emotion rather than logic. Commonly weed by politicians, cult leade ‘had become a tol for manipulation to control bshaver. Reample ur sofa with electronic massager will soothe your stress everytime you watch TV. Thus, "Sofa Cun ‘Massage” is what you and busy family neods these days. ‘he Ponton people in the mountains of Pstalangan are raiding our wa:ehouse. They are training children to ‘become armios. How bad ean you feel reading the news each day. Ifyou vote for ma, Twill make reading the news a pleasure. You will read how I would eradicate these peepie Appeal to Fear — also called argumentum ad baculum, fargues that a belief Is true, or at least acted on, not bbeause there is a “rational reason” to helieve evidence) itis true, but because of external factors such as fear, hharm or threat, Here, a conclusion is formed on the basis offear and not evidence, Example: Ifyou do not pass on this letter to six of your frien, ‘an unforeseen calamity wil befall upon you. 1 need to have my application acted upon by ‘Wednesday. Aer that, will have to consult my uncle why works is Malacafeay, ‘Talking back against your father might diminish ‘your allowance! Appeal fo Plattery — argues that there are persons who frre at conclusions, or act iw a certain way, when fatered, The argument i fallacious in that the basis of 10. n. 2 Palace ‘ones conclusions it not “rational reason’ or evidence bat ‘atery Example: ‘You look younger today, and your faco is smoother. By the way, did you receive our Iter of saliitation? ‘Your mind does not deserve tobe in this small town, Dut in the Hague, How far are you now in editing my thesis? Appeal to Novelty — argues that a thing or idea is ‘sccotarily beter simply because itis new. One is novel, therefore good. The argument i fallacious in that the baie of one's conclusion is the thing's newness, nt its Examp! "This book i the latest, therefore you must buy i tis useful for your texching as it ia the latest edition whereas the former edition was written threo years ago. Appeal to Pity — sleo called argumentum ad misericor- ‘diam, argues Ubat some persons conclude or make deci- ‘one solely on pity, and not on evidence. The argument is fallacious in thatthe beis ofr’ dessin spit and nat Bxample: Sir, [received a grade of 5. Is chore something we ‘an do? Iam graduating end my ailing motber is earning {living 03 laundeywoman, My father has asthma and ‘cannot do his usual chores Appeal to Popularity — anguee chat a claim or iden is true simply because more people are inlined to acept such claim or ides. The argument is fallacious in thet tho basis of one's conclusion or decision isnot evidence but an cxternalfaclor whichis widespread acceptance ofa belie. Brample: "Tp my beloved Filipinos: I'm running. After al, 1 received a million signatures that urged mo to run for ‘fice Ite the wil of tho province.18 16. Laat warms Acompeeney Bed Approach When the law on violence against women and children was passed, {questioned what about the rights of battered husbands? Hut then I realized moet lawyers and professionals di not objet to the law. Fm thinking, ‘maybe I was wrong. Appeal to Ridicule — argues that ridicule, or the idea of being laughed at, may eve as basis for one's decisions. ‘The angumentisfallacious in that ridieale and not reason ‘or evidence become the support why one thinks o acts in ‘certain wer Example: ‘You should not wear those pants, Only people plucked from the 50's wear ther, ‘Your argument, jst like your shir, reminds me of « restaurant table caver ‘AppeaitoSpite— argues that spite, orhate,may substitute ‘reason incoming up to conclusion. It fallaious in that ‘8 purely subjective emctian ~ spite — takes precedenco over objective evidence in coming up witha decision. Example & 1B: “Remember when we were kids how Reggie accused you of stealing his rd? A: *Asamster of fact, do. willno! oHtond his wedding then” Appeal to Tradition — is the opposite of appeal to novelty Appeal to tradition argues that the idea ia necessarily better simply because ts older, more “teted” and tre! because it had been used years over, It ia fallacious ‘because age per se does nat necessarily qualify an idea to bbe better. Older is not necessarily bette Example: 16. Bandwagon — argues that rejection (or a threat of rejection) may influence one's decisions or conclusions. Is fallacious in that solid or objestive evidence takes a backseat over peer pressure, ‘The bandwagon fallacy, also called argumentum ad ‘numerum, believes in: “if meny icliove 20, tis 80.” Example: ‘A; “IT can hop it go for fish and vegetables. R: "Why that's food for oa! "You better shape up, oF else people will think you aro undisciplined. 17. Beaging the Question — isa fallacy where the conelusion ‘is assumed in the premises. Also ealled pettioprincipt (Cassuming the inital point), is fallacious in that the ‘conclusion to be proved is assumed impliily or explicitly In the premise, Seldom is anyone goiug to simply place the conelasion word-for-word inta the premises. ‘According to Paul Herrick “seldom is anyone going to simply plhee the conclusion word-for-word into the premises..Rather, an arguer might use phraseology that ‘onoeals the fat that the conclusion is masquerading as ‘premise. Th conclusion is rephrased to look different and ‘then placed in the premises Example: ‘She's lover of musi. Atr all, she plays the piano everyday. ian otra el aster, the curt i atnly eve in ern or shri, This opposed w the We have to go to the cemetery on November 2, not 1 ng ti tee Afi all, people in this town had been doing that since as long as ean remember, ‘emorsl owtom shes ate cftbecus hate enteral tee aes "Mri, Pal Phe Many Work of Lope. Ord Unversity Pren,38A Competns. Bad Approach ‘You betta fllow what I say because I tld you so ‘Tm your father, and you better fallow me. He is mad right now, because I could see that he is 18, Biased Sample — is committed when a conclusions taken from a sarple, which in turn was taken from a clearly bated source Bxample Ione wants to find wut whether Filipinos are fond ‘of cating vegetables would have a biased conclusion ifthe ‘sumple was taken during a meeting of vegetarians and ‘animal rights activists 19. Burden of Proof ~ also called argumentum ad gnoren- ‘iam, it argues that something is true heease no one has proved itt be false, or arguing that something i false Decause no one has proved it to bo true. Tie argument Fi eo samp are ued een). Random Sample: Thien mpl that than eek x way catching bt shane deters wich a ee ee eee ety ee ee are eee eee ee See ee eee Sayin game neater commerce ‘Seiuny men fl wen deing win steed patios For ramp ope an is fallacious in that lack of evidence on, say, side “A” is taken as proof or evidence that sido "B" ia tue. Example: Hloaven exists. ARer all, no one has proved it doos not exist. Heaven doesnot exist, After ll, noone has proved it Tm innocent, not a robber or thief No one has presented evidence that I stale or robbed. Circumstantial Ad Hominem — attacks any person's claim by saying itis done out ofself.interest. The 9 u- ‘ment is fallacious in that instead ef hearing reason and objective evidence, the arguer assumes that the other par~ {9 is motivated by his personal interests, such as promot Ing his business, religion, honor or political afiliation. A ‘eraoals background may not have a bearing on the trait Wale of what he is saying. Example: OF course Martina is against orvity to snimals Afterall she isa vegetarian, and maintains a lucrative pet shop business. "The jig ie oad-set againat granting annulments orimposing death He is «lay minster, ands expected to hold such views Composition — ‘The fallacy of composition argues that ‘what is tro 2? ¢ art is likewise true of the “vhole Itself, The argument is fallacious because i: cannot be inferred simply that just because @ part (or pats) has 4 lstinet characteristie, the whole wil have the same hatueteristics. Example: “Sal” ia Spanish for salt. “Pan de sal” has salt. ‘Therefore, pan de sli salty Pare oxygen damages the kidneys. Water has oxygen. Therefore water is bad forthe kidneys. ‘This “dream team” consists of the countrys top Abaters. There i no way itean be beaten,Loa. wnemiva A compton Based APoach Confusing Cause and Bifect — also called the fllocy of ‘questionable cause, argues that just because the events ‘ecur together, one must be the cause ofthe other. The ‘trgument i fllacous in thet there is net nocessarily any ‘esa link between to things just because they ocrar together. See Ignoring @ Common Ceuse, Example: Alcoholics are often very shy people. Shyness is therefore the ease of alecholiam, At aboutthe time Redante divorrd his wife, he kept seeing a payehiatrist. Tm sure the peyehiatristinflenced Rodante's decision to separate. Division ~The fallacy of vision a=gues that what is true ofthe wholes necessarily true flts parts. The argument fallacious in that what is true genersMy isnot always ‘rue particularly. Example: Forbes subdivision is peopled by extremely wealthy people. If Marito lives there, he must therefore be ‘extremely weallay “Bow Scouts” a movement composed of young men and boys. X being a member must also be a young man tr boy. (This i fallacious aa facts show that gis may bo ‘members of the Boy Seoats.) False Dilemma — also called black and white fallacy, hhappens when one argues that there could anly he two choices for the problem, or when one attempts to make ‘he middle point between two extremes as one of the textremes. Tes argument ie fallacious in that there may bbe more than two choieos involved in the problem, or the midale point may act be the other e=trome af the continu, Example: ‘ther he isa communist or secretly religious | am sorry you are homosexual. You would have bbe a decent person ‘You are no longer visting me. It seems you do not love me, Either you go to church, or Iwill think you are an atheist. 5. Gambler's Fallacy — also called Monte Carlo fallacy, fanques that since, for example, a penny has fallon tails ten times in a row then it will fall heads the eleventh time, or ifn airline hos not had an accident for to past ten year, i it toon due for an accident.'The argument is fallacious in that it rejects the assumption in probability theory that each event is independent of its previous happening Bxample (Medical joke) Mim sure you will survive. Medical literature eays that 108 survive in this illness. So far Thhave 9 patients and they did not survive, You are my 10th, so you will survive. 26. Genetic Fallacy — aloo called reduetio or nathing but fallacy, argues that the origin of thing is identieal with that from which it originetas. The argument is fallacious in that the product or eonsequence of a thing is not necessarily the same as that from which it eame from Beample: Hie a criminal’ son. He must have criminal genes, or worse is nothing but a criminal himsel. People from that section of the city are notorious pick pockets and drug addict. Ths, beware of him. Her mother won Miss Philippines. She will, to, someday. 2, Guilt by Axsociation — also called the bad company fallocy or rompany that you keep fallacy, angues that an tea should no be aovepted simply because among those ‘who accept the idea are people one does not like. The {rzument is fallacious in thatthe truth ofan idea is not determined by the character of those who acept it. TRE Tt, Dona of Piney, Barnes Noe Bons, 181.Lupo wRITING A competeng sed prec Example: 1 don’t like that movie. It is the favorite of my ‘husband's ex-girlfriend, 1 feel uncomfortable explaining biblical verses to you in the park. When I vas Younger, religious debaters Tegularly quote Bible vores in this park and seream to ‘one another. Hasty Generalization — also called fallacy of hasty induetion, oovurs whoa a general statement is asserted ‘which it based on limited information, inadequate {videnco or unrepresentative sampling? The angument is. fallacious because not enough support is given to base the ‘conclusion an, In a court setting, not enough evidence is ‘offered to uppart a decision. Example ‘A foreign actress checked in a hotel in Manila found cackroaches, In the press interview, she concluded that {the Philippines ie ful of cockroaches. {A State vice president was in an clementary school and wanted t help a 12 year-old boy spell “potato.” When. the vice president wrote “potatoe,” he got a rounding from the wadia who thereafter concluded, hated on 1 single boorboo, thatthe vie-preniut i « damy in Ignoring a Common Cause ~ also called the fallacy of (questionable cause, happens when # conclusion is made that A castes B simply because A and B are regularly fsaociated of connected. The argument is fallacious i that it ignores tue pesstbility tha there might be a third factor that esused both A and B. That A need not be the cause of B. ‘See Confusing Cause and Eifect. Example: ‘Jerry noticed that overytimo his bet friend Marvin goes with him to the glfeourt, he wins. Jory attributed ‘io Tuck to Marvin Ths tee nares of he ing ae) Flay of nae Saini, ‘yr lint Bell Lapag tos Const snd iaty Tdi, 0, a1. (Joke) Julia's usband loves to drink coffe with her. ‘After his death, Julia would auffor headaches everytime the drinks coffee, She attributed this to her missing her hhusbend, having associated eofoe with him. In fact, it twas the spoon which Jala regulary forgets to take out thom the cup Uhat causes her migraine. Middle Ground — aleo called the fllacy of moderation or the golden mean fallacy t happens when the anguer ‘issues that the mean (or midale position) between {wo extreme positions must be the correct zestion. The ‘argument i fallacious because it doesnot fll thatthe mean is always the correct position Bxample Splitting the middl> ie a common strategs in diate. Sometimes it helps to have the parties settle ‘8 the middle. However, this is not always trse as the ‘examples below will how ‘You want to sll your new Inptop for P40,500.00. Joey, a graduate student, desperately wants 10 buy a iaplop but only has P500.00 in his pocket. If you really tran t ely Joey, 90 said, why are you unwilling to pobalfhalt? ‘Between literacy and illiteracy, the best is Wo be somewhere inthe middle. (A patent absurd!) Misleading Vividness — geass when a person decided based on a few dramatic oF csotional events rather than. tn the ev.lence presented. The argument is fallacious in {het jast because an event is vivid doesnot always make it the basi for one's decisions Bxample: Her husband, when he was alive, used to say that small fish is especialy rich in protein. Now that he’ {gone, she buys aothing but small fish, in spite scientific evidence that sh, whether big or smal are equally rich ‘sources of protein. Timow sorveone who does not eat egg, despite the fact that eggs are among Ube most nutritious of foods, He tid, when he was a hil, he was punished while eatingGAL WRITING A company Based Spprnch ‘an ex that he fell vo th flor, Now he will not have ‘anything todo with eg. Personal Attack — slao called ad hominem abusive, the fallacy of personal attack happens when abusive remarks ‘against the speaker take the place of objective evidence. xample: Teannot baliove what vou have to say, young man. ‘You are only a few monthe-c!d lawyer, and have to eat Look at the dermatologists face. I's full f pimples. “ow can we believe what ho has to 289? Poisoning the Well — happens when one diseredits what a speaker will have to say in the f.ture hy givngin advance ‘an unfavorable information about the speaker. Braiple ‘The gel sa pathological lar Do not believe single ‘word from her He has had six failed relationships in the past. You may be the 7th. Avoid him Post Hoe Ergo Propter Hoe — literally: “afar thi therefore because ofthis," argues that just because event ‘A ocourred ahead of time, event A was the eause of event a Bxample ‘Marin does not send her applications to eourier A. Bverytime she does, she gute rejected. Everytime Jim wears re, he passes an exam. “Red” conteibuted to his passing the exam. Generally, superstitious beliefs are examples of the ost hee ergo prpier hoe fallacy. Questionable Cause — argues that because two things are associated on a regular basis, one is the eause of the ‘other, While the two events in post foe fallacy come one after the other, in questionable cause they go together. Bxample ‘A dailed B. After al they were seen togethor and arguing about shoes the night before. Red Herring — happens when a tpi foreign to the issue {a suddenly introduced in order to divert attention from ‘the original issue. A Example: Ater a senator's tll, a student asked: “Senator, dont you think its high tie that we passa law making education compulsory to all children below 18°" ‘The ‘Senator cuttingly epied, "You know, we already have too ‘many laws regulating this and tbat Besides, the parent fre to Blame for preucing too many children they ean ill ‘lford to sand to school” A city agowaid pushed for the paseage of a law rogulating the dumping of waste on city rivers, Sudenly, his alleague cut him and said: “These multinational Corporations are rally out to eantrl the world.” Another aid: remember who cleaned our rivers when I was & id. We used to swim and eatch fish there” 1 Relativst Pallory — occurs when a person dicinisses ‘claim by saying Uhat while de claim may be true for ‘thor people, it may not work for bim. The argument is fallacious in that objective evidence may be by-passed in order to suit one's whims. Seample: ‘Abealthy non-tmoking lifestyle may sit other, but ‘oes not work for me. ‘Contrary to evidence, I still maintain that eating pork fat bailed in soy sauce and black beans ia one of ‘mankind's great pleasures. Slippery Slope — argues that once a person allows an. fevent to happen, another event will inevitably fallow. "The argument is fallacious in that thers is no objective evidence to suggest that he second evidence will ecessarily fallow.40, 41 A compte Based Approach Example: You know young ladies. Once you allow your boyiend to touch you beyond the elbow, there is no stopping after that. Do not give in, Ifyou do, you will find squatters ‘ecupyin, each andl every inch of your property. ‘Special Pleading — argues that rales ox principles only apply to others but not t oneself without giving relevant. reaaon (or relevant difference) why Le should be exempt. ‘This fallacy iss plain caze of imposing double standard Example ‘Be careful young man. If you do something Meyal, you will be arrest=2. in my ease, T have my battery of Tawyers to back me up. ‘You must not drink. It is not good for you health. Don't mind us, We are used to this, Spottight — occurs when one assumes that thass who receive the most medin attention are representatives of the groupta which they belong. The argument fallacious in that those wo recive the most media attention are si swoinarly ropeovntative of the whole. This fallacy is similar to hasty generalization Exaple: [soften in the news that this and that celebrity had ivoreed and married several times. I guess actors snd. ‘actresses are naturally promiscuous. Romblon_ people are ofen featured: winning in track and feld venta Indeed, Rombion people are great runners, Maybe it is i their genes. Straw man — Tao straw mon fallacy presents an ‘opponents position in m woak er absurd way so that it ‘can easily be refted. The argument i fallacious in that ‘one deliberately misrepresents or does not include the ‘strong points in the others position thereby giving the ‘impression that the arguer's point are strong. 42, Bxsple: ‘Supporter of the new reproductive bill encourage contraceptives. Contraceptives cause abortion, and abur- tion is killing. Thus, we must oppose the bil (This is fallacious in that not all contraceptives cause abortion) ‘Two Wrongs Make Right — argues that ifthe other party di illegal things, then itis okay fo one to make fn llega activity. The argument i fallacious in thet an ‘unlawitl act dane by another has no bearing on whatever ‘et one choo:o8 fur onesel. xample: Bribing officals to win eases is okay. Ate al, Mr, ‘Aa farous lawyer, does it T have no qualms receiving election maney from candidates. Everyone's dain it; and it is not the eandi- ater’ money to start withCHAPTER VI ‘THE ACTIVE VOICE “The habitual use ofthe active voice, however, makes fr forcible toning. Ths is true not only in narrative principally concerned Thith ation, hut in writing of any kind. Maya tame sentence lof descrition or exposition can be made liely and emphatic ty subettuting transitive in the active voice for some such (perfunctory expression as there is, or could be heard.” — Wiliam Strunk and E.B. White, The Elements of Sle Purpose: Write in the active voice, as a rule. Avoid, o at least minimize the use of, nominalization, participle, auxiliaries or conditional Prefer positive over negative forms. L ACTIVE VICE A. Concept ‘An “active voice” engages the reader with movement and action. "he sentences sound and fel lke the subject produces the action. In passive vole, the subject becomes feted upon” In the active voice the subject of the sentence does the aeting: in a passive vice the subject of the original sentence is being acted upon. Examples 1. Active sentences. The subjects produce the action. Passive: “The Sound of Music was seen by Mario” Active: “Mario saw the ‘Sound of Music” Tm Brak and B.D White, The omen of Stl kh NY-Laneman, ‘ne ACTIVE VOICE, Passive: A sudden interest in peychology dawned ‘Active: gt interested in poyehology Passive: "The car is drivon by David Active: David drives the cr. 2. Active description. Here, the wprbs activate the des- crption. Passive: ‘The room was filled by his anger. ‘Active: His anger filled the room. Passive: He talked nervously Active: Wl stutered. ‘Active and passive voices may be expressed in various tenses. Passive “Actve [The car waa driven by David. [David drove the ear [The caris driven by David. _ [David drives the ea. "The car wil be driven by David [David will drive the ear. ‘The car fas been driven by|David has driven the car? David ba Tw ear bad been driven by|David had driven the car David IThe car will have been driven [David will have driven th: Dae fee B. The Active Voice is more foreefal and concise ‘Although the two mean the same, the active voice is ‘more direct and vigorous; the passive voce is longer and Ieoe foresful Three words, “was driven fy,” is needed 1 “Prt poet ten expretng ann cmt by he pret. cam pl: ugha are “a ered ie ining om acon emp ro oe ocrencs cme liar ston ev Beagle Se bad ove eke Jon As ald Pere ‘Feiare pee eee expe sn xin camped bef evento ction Example She i have ved by mareLecaL WRITING ‘ACompetncy Based Approsch ‘express an action inthe latter while only one is needed arives”— tn Ue former ‘The regular use ofthe active voice makes for a more forceful writing, not only in sentences where the actor does the obvious “doing” (ie, the sulec: isa person) but Tikewise in narrative descriptions involving non-huzaa, subjects. Examples Pana “tie Iherewerea great numberof dead[Dead Faves covered tha we ng on th ground nd [At dawn the crowing of «rooster Tho eocka crow camel could ith the dawa, "The reason hel ealloge wa that] Failing oath compelled his health waned him to leave cells was not lng before sho waa vers|Shir soon repented bor ory that she had said what shel word, ad ©. The Active is more definite Tho active voice is more categorical, the identity of the actor being always present, e.--David had driven the ‘ur"or “David immediatly recived the package.” Passive voice on the other hand has more chances of becoming smbigwous; te riser can esl he the tent ofthe ‘ctor, «4, “The car had been driven" or "The package was ‘rmediatly received.” By whom? In this patent license provision “Ail improvem:nts of the patented inven: tion that are male hereafter shall promptly be diselosed, and failure todo so shall be deemed ‘a material breach ofthis licence agreement.” {It may be asked: Who must diselooo improvements, and to thom Must the Heensing offie dscloee any ‘improvements made on the patented invention to the ‘original inventor? Or must the inventor disclose future Improvements tothe ofice? Or is the obligation mutual tn the leensing office and inventor? ‘The ambiguity as to who is obliged to disease to whom creates a fertile ground fora cour ease to ensue, "The use ofthe active velo would have prevented the am Diguity rom happening, .,°The'patent holder iobliged to disclose within 60 days all improvements ho makes on ‘is invention.” ‘The active sentence: “I appreciate your goodness.” hecomes indennite when wien: “Your goodness is sppreciated” (by whom?). To write “Your gooness is ppreciated by me" becomes tedious. Focuson the Actor, the Action and the Object of the action Gf any) Inorder to develop the habit of usingthe active vice, ‘use the following guide question: "Who is doing what and {owhon?" First tate the actor, then the ation using the strongest word that fits what you want to say. Last, state the object to whom the action tr directed. Example: Passive: nterlneutory orders may stil be meaified by the courts Actives Courts ean modify its interlocutory orders. Pussies: There were no authorities cited by the court initsjudgaaent. Active: The cvurtited no authorities it judgment. Passive: It was sugoested by Engr. Pores that the sub- mission of a new bid by the atractor be re ‘quested by Jul Active: Mr. Porez suggested that Julia ask the con- ‘tractor to submit a new bi [Nota bene: Watch out for statements beginning with: “ere infare/wasiwere” or “it i/waa” These land mete oe ee eee ee ee fare tnsally. passive or else wordy. Again, "See Mara C. Wack, Plain gh or Lace 30 (Cena endemic fearon the “tor ein ajc rule to make Pro ee eh ‘your sentences‘sCampetne Mase ope “Ik. is hoped that the delay in the arrival of your may thus be restated in aetive form: “We hope that you were not inconvenienced by the USES OF THE PASSIVE VOICE 4. When the thing done is move important to know than the doer. Example: ‘The subpoena was served on January 4, 2007. (My mother was bitten by a dog. ‘My grandmother was hur in that bus collision. 2. When the setor is unknown the passive is the normal ‘construction Example: 2XY pawnshop was robbed last week. "The plants were cut lastnight 8. Foremphasio, the passive‘ used at the end of sentence. [eioy are) in agreement [Choy] ano [Im scpordance (with our rule) (tour rales) I proximity (with each other) [proximate (to each other) (afraid) ofthe exposure Ksraid) of exposing | (Lam) in receipt {recived {lis act) in violation of the rues| His ac) viTates the rules lcthey) give contributions |(They) contribute [puta up an investment west make assumptions Assume [draw conclusions ICouctude lak action, tact anon” “al” “ary.” “ancy. “ity or “sure” The views that verbs used to convey (ee, appreciates) is replaced by an abstraction (eg, in appredation), resulting to a slower and ‘weaker prove. Habitual se of nominalizations attracts surplus ‘hua unnecessary words For example, why write: “Please make a surumary why you are interposngs an objection tothe plaintiffs motion.” when you can state: * “Please summarise why you objec to the plaintiffs motion.” or better stil: “Please summarive your objections to the plaintiffs motion.” ‘The wiatement: “Our client hopes that you are considering the post- bility of reconsidering your decision.” say be restated: ‘Our client hopes that you will reconsider your Aocision’ or bettor stil: "Our client hopes you will change your decision.”Loa wns Competency Babel Aproeh "The statement: “My sisters are in accord with your proposal, but St a your desire to sustain a delay our family will not hesitate to doce to take stand opposite to yours.” may be waitten: “My sictersagroe with you, butifyeu intend to cause delay our family will oppoee yo.” Unearthing those buried vorks rosults in quicker and tighter language. Thoso verbs are usually buried in prepo tional phrases and to uncover them, the prepositional phraecs are necessarily deleted, Example Before "The city provided assistance tothe floed victims, After "The city assisted the flood vitins, Before have a belief tha for every drop of rain that {alle a lower grows. Afr believe for every drop of rain that falls ower grows. At the center of law is people of flesh and bones that ac. ‘They are not just fuzzy figures of abstractions. Complainants complain or demand, ‘not fle complaint or make demands, Defendants answered or cour-ercleimed, not interposed aft answer or raised their counterclaim. Judges rule, not just make ‘ruling. Unions strike (past tense struck), not held strike, Ofcourse, not all nominalizations are bed. One or two in 1 page might add varity tothe writing and cut vie monotone. ‘What one must aveid is their habitual use, for they dilute rather than give vigor to ones writing /. UNDERSTANDING PARTICIPLES ‘A participle is a vorb usod as an adjostive or noun. Te ‘is sometimes called a "verbal,” meaning a noun or adjective ‘nt AGHVR VOICE {formed from a verb. As adjectives they are used to describe nouns, eg, the erying lady, mangled composition, intresting fame, surprising’ experience, surprised guetta, As nouns, participles ae called gerund which are verbs ending ining?” And used as subjects or object in a sentance A. Use of participles ‘The present participle indiaths a continuing action ‘or state. Ieends with “ng” and ust with the verb fo be Example: She wae talking. They were playing, Ihave been eating ‘The past participle is used with the ver “have” ta {form past tenses, Example: “We have walked” “She has sung." "The dog has eaten.” B. Minimize the use of participles when you can One can minimize nominalization by avoiding participles. The past partiiples above fr instance ean be ‘converted to:“We walked," and "She sang." "The dog nt.” PREFER THE POSITIVE FORM Sentences in the positive are more direct and definite, hhence are better “eceved by the reader. The use of negatives particclarly double negatives, ean be distracting, aside from the fact that it iakes more words to express a negative idea as he examples below show. As e rule, it better to phrase one's ideas in positive form. Use the nogative only when denying, tnd net when asserting. ‘Negative Pesitoe {didnot follow rues disobeyed [was not present absent not guilt Ianocent ‘could not remember forgot pot 9 Tow not un-Christian [Christian not invalid valid [not unlike ike [ad not show dieatifuction [satisfied“A Compateney Raa Approach VL. MINIMIZE AUXILIARIES OR CONDITIONALS ‘Auiliares or “helping verb” ad in expressing the tense, mod! or voice of another verb, eg, may, might, can, could, ‘would, should, ought. They express uncertainty and make ‘nels prove weak. I ie suggested to reserve auxiliaries in case ‘ot real uncertainty. Poor: Dial 122 if you might lke to order the books. Better: Dil 122 if yua wish to order the books. Poor: ar candidates may be ranked by their communica- tion sil Better: ar candidates are ranked by their communication FE ‘You can make it "and tie manner in ich he atin coon expend by rer is stated bebe et eel er commanied CHAPTER VII LEGALESE “Most lagal writing isatrorions." — Judge Mark P. Painter, egos Writing 201 “Gobbledygook* may indicate a failure ts think clearly, « contempt for one's clients, or nore probably a mixture of both. Asyatem that ‘can't or won't communiecte fe not «safe basis fora democracy.” — Michael Shonks, National Consumer Counel, England Purpowe: ‘Towrte using minimum lgalese, Tobe able tconvert eyalese to simpler forma an! expressions, 1. LEGALESE Legalese— alo called the “traditional” legal writing style, is one that use abetruse legal vocabulary making legal writing cor speaking dificult for non-lawyers to understand. Legalese Cloaks the real message under the layers of long sentences, ‘multiple modifying phrases, abstract terminology and needless iangon.| Many people, lawyers among them, believe that legal ‘writing mast involve legalose In its defense, they say: 1. Lagalese is more precise and less ambiguons than plain modern Kagiish; as such it ls more resistant to ‘misinterpretation when read hy ober legal professionals. i etre tative the ng ature}® LecAL wer competency Based Ape 2. Lngalese — inthe sense of using igh levels of abracton ‘overall entingencies and covers the lawyer in cscs of unexpected attacks. 3 Lawyers jdges and even clients prefer it ‘Adoeste forthe use of plain Tanguage disagree. Legals has more crcumloctins and tnd tobe more stray, hence more ambiguous than pain standard English Conilated: “Whereunder the party of the frst part ays and indemnifes the party of the ser part Dursant lo the third clase ofthe ab ve mentioned parcgrph” eter: "Phe fast party agrees to pay the second party porsvant tothe third ase of tho chee paragraph” (ori dase of paragroph 2) ‘That legnese must cover “ll contingencies,” opponents 07 hat no dbewment can possibly er all fontingenies; rater, lawyers should cover only is renuonably expected. Wordy in attempting to cover “all!” contingencies: (Ante-noptial agreement) “Bach party shall have the right todispase ofany oral ofbis or her separste property by inter vivo oF testamentary tsanafer inluding by will, rust or giftor by any other disposition.” etter: “Bach party may dispose of his or her separate Property inter vives oF mortiseausa without prior ‘consent of the other.” "The argument that lawyers, judges even clients prefer wordy, arcane and pompous language it debatable. “rue, aces sf outiated even ommate language eg. “offiant sayeth naught” {or "end” or nothing further”) is stil used. But the recent trend ‘is for plain English, [Beamplesoflegalese and their simpler counterparts can EGP Ses tpl Lanes Pina Simple, Mi Har a correx vt « tHOALESH Legaleoe Suggested “replacements” ‘aniumber of [large number of | leome or soveral or many (or Jomething more precise ike “| ete) oor near lfton be omit’ — fees oe Vind ovt P atthe place where | at tho present tae now a [at this point in time |nowor currently —__| at this tne |now or currently attempt (ver) sy. Tecate ofthe fol that [heennse | cm Jaton cease anddesist_____|stop ‘dreamstances in which —|when or where eognizant.of [aware ofor knows ‘commence stare ‘conceal Ihe concerning the mater of labout concur gree ‘consensus ofapinion —|eonsensus ‘onsequence result contiguous to next to ‘demonstrate show. =| desire wantcuapren vt o EGA binds [disposes of inno lame leary (arom i altgethor lleriy lr omit altogether it should be noted that omit loeate [nd metholox thal medi negatively affect notiy oe notwithsianding. ull and void abjetive (noun sae on a numberof occasions on the par of ‘wing tthe fact that [ume or paint Itersca enn curren vn ° compan Ba pach petty referred to.a8, peat [ab initio [from the beyinning [regard with gerd to_labout,on, of aforementioned this; that; named earlier remainder. rset. laforesaid this; that; named earlier Teter assistance i lalbeit [although; though | “eset ee fase Janent [concerning retann weep. lantecedent to lhefore aid (action) lhe or this Coad contrac” enn an ltten be changed othe contrat re pe laethis contrac) aise al al abieguent later |uxuendo lots of cmument_ subsequent after ae subsequently _Jafter or later [bona fide, bona ides ‘faith etantate pe caso at bar here; this eae sulcient numberof —_[enourk oe ere: he cane ‘termination lend imes) jecetast gue Sram mneficiary (of a trust) the case a bar tase ae chil on venture sa mare [fous unborn eld the fact that fat deson tort iy histor her own rong the inatant eae theca | ex contro in eontact contract i ae | fexocution (ofa wi contra) | signing ‘his cas is ditinguishablelall coner are dintngulshab = — (orb is probably moat is “the| | eireetnare restated} |e diferent”) feral il i that tora Trams La forte mediately mow ata oa ravamen lero gst: burden as erceforth from ew. nso esforward [tonne on via Lin, on, through, by jeretofore; hitherto jup to now; until now; till now ‘was ware knew in nse being eth referent ato hac ark verti i these word instant case his cose fnstanter at once Legalsm may alao be of foreign org rom an outdated ‘a mong ther ings vocabulary. Though tir use is not strctly prohibited ia ral aa eee a It to avoid them when one ean help Balow io ist of ae See foreign sounding and outdated legalese with their simpler, as Se ‘more understandable counterparta™ sot ea ——— fray reaest ask THe A Gamer, Th Rink A nual on Lge Sa, Wao, A oe cas of rt impression-Acompeteney Bae Approach said lad [hie that; the pron) itor the antecedent) ve xcept ehis: that the lone ofa kind, unique from this; from that; from] Ihre theres at ori for them [sways fom it from Ca Ihere; in it frit [unt then tl then Shen this document [namel Inamely, that ix from where [ahenever, [where |where; when: in which — [nbomever = hoover (CHAPTER Vill ‘TECHNICAL LANGUAGE “But do not give itt 0 lawyers clerk to write, for they use a legal Thand that Satan himoelf will nat understand.” — Cervantes Purpos. ‘To be able to distinguish between the lay and legal sense of ‘on.man technica terms. 1 ORDINARY WORDS WITH SPECIAL LEGAL MEANING Legaleee is not the same as technical legal vocabulary ‘While the former is best avoided for plainer language, technical torms form the bedrock in the literature of any profession. Legal terms convey ideas inthe legal world searely expressible ‘lsewhere. Examples are certiorari and res judicata, Those in the legal profession are expected to know them. There are iso “ordinary” words which thivugh time acqvired peculiar Tegal meaning. They are likewise part ofthe veabulary of the legal profession. Below i ist of everyday wards with special ‘meaning inthe igal context. Tag a Ja summary of a wring ei oan tos oF a marten]{oa position interest in a property lanother person (eg aw sigament of rights an a | [pelant' charge that the rial court made = mistake (ea assigament of ero) Loar urea " A at seo ectace a eee feral a sce eres cceeeeteeeri rae coe] ae he veer {beech of contract, Jattachment fone thing stuck tolscizure of property to se-| Sa eerie Sa canter ees ar Peasy aerate a baiaiet fang apr ot tcl eat ak jewit —Jete ssi ick amet a Se ay oes lessee comes eee jto make @ contract unen- [admiralty ‘rank inthe navy — [maritime lew, or an freee i See a Taain —sethig Donght-a ofa greenatBeboon Fr ca ee aren eerie Sg er “_[fnssgatons ewe, ort metallia eg you oon a [Hate o an anon pleading nour ea a saa rel Sate pices | a a nn am peice 5 [ae ee See ieee at ne ogg sees Soy a tistn fe ares name po ae fect ee eet isernar ve fdas iain co ree ee heicecrs teenie enon ag” fe eetne eel [ancient® [very old, au of the Roman| about 20 years old, for pur-| a se eaumeptnalcatanl roe pian sci ie Speen Siti tented ne "| eae Java rary ed al eae Fat span | eee Ro pees nal Reese eens a ceeere emiee rab ee lee oor eo ee re aes ec ies jm ipa eee lene us el see _fomey bet reese prey eet oe [ont + Ea oon ecnnterna reas emia io a oe ee fest feat sosttnes ta bar oor = Eee eel london guilty, to takeoa waera4s cuxeree vit % ACompetency Based Appr ‘THcHIMICALLANOUAGE, [onsdoaton| respec: Kindnear; —Jaomething of valon prom: [imovery tho Gnding of wanting {howe sed in exchange for am new [ote perc entra is promise or performance [scam [a collection of companies] family members com [working tagther toward} panionship, lore, hep, and imamon goal t's spouse capacity fo aiaiterested ok intrest [sexual relate, the los ef which may provide a cause ls scion fer" the other render a fir ad impartial [anes lates [astra | Motlaingafasractare the undortanding or nt (Gspenition demeanor erinaiaton [he nal dster—ianin] Joretation of writing eg lin a preceeding the it, wil rennet) |istribuion af an estate famsructive [positive promting established by operation Jucording "to iter farther development Jaf law tng, consrutve naruto in wil ob Henowtedges” constructive intestacy [sean [auityewnrip; the difornce unten based on principles] Ihe state of remaining in| postponement of « trial or Ihe same states saul other jadial proceedings nl anther date [means ftransportatin|the transfer of intret| ietween the value of love on fi fairness rather than [eerie Femodiesater than mone lime fates erey eae Feared ree irda pee eater [tometer eet ela a ices __|aar isan | comvlaryarvings a gvdeannol ving ana bed ook lore itor iat i rere eal alt Jiteceanid lea aber fo ay eects wes | crea say Vases pore than one pe tbe moncy tht cena soma een eet eee eat paar le eommancie te ates [image cae ea persia seo ootiet niorat fu anil tol eee |e nnn pectin bt eter hey mo] ity tat they tea stdin Sm on bin a ee re _fiearanie Pine fda ered by rd vrs come fodetironeamonardh | tne mmo eno} ramet ar favor leg, bn dp of te Saeco Nesey ee br ene ran depts bt ql as ae a ea TT Sng so salina! leet wie, or ce laattay Je detitatne pons ie! neon erion”mnie "one Loa so si court ond ie inte crdence prove tetra sets content[a callenge othe veracity] lia witnees rth rai ty oldcamentany evidence I= minor (ander 18) wit legal abit of infancy couarren vn 7” ‘TecHNICAL LANGUAGE, (permiasveikrant of havior that permis erpcally (thers might objec olan hat mayo” man mote imasut eg. por ia [person Jahan bing aoa being or egal entity Seorprtie jhe statu ofbeings perso] as ocgniel by low, ce eran er eta men oa creration | Is chorrnginetrument le fis pesecter procedure that allow personal property puta) seeder posers] bostnity oe dat Sern pope i fever Tema and or ab berate ay te | eu eacee! poverty or ae tanary ex utara awe eerie ee letra he entering of © val rome oy ev om i» hrs ary nore Leste ey eee eee ai Dy fd NETL S| eR a odes aerate enebaoed on cactns [ageing t inp o lsesidee—[acaalavarens Toots, wheter pereirel st i le ne ge matic prectan fan tnrociod cane ff ale oro of ral os sen eal en ca el ih =e are freimmenie "eee Soret eat hind ere aS eae [eer mera etree preents foe as cccmet ot aa ah, eters of ai aaa ferias —[oieirinwva, tor some commen Rovian, =| eee ere Jil or indeed Icha anyone with an ‘ad: [olin separate vt se re Ineret ened eset rel ees foam [trey diag tingle or anns | = laewer = emp opuen leo sot to Tal an [opera cnet ice ra seid tine [rites [iabannegateonetg | wr tra «Ker apes |e drenentorrepet |e septal, nrumeet Jez. ae! e's tower nr ere shea Ie ap pcetigs periaon —[aveom ver Je iviing oo oF or feet ser cea pence aren 2c Lin ewe propery fabian rat an ander tok ie make vv 0 ie lecicmance [arabic prosctatlon ibe caring ot of © ox tc tenet to 8a lemon poner