Professional Documents
Culture Documents
●
the advertising agency wants are
Syntax very different.
● Subject, verb, and object e. Adjectives used as a noun
● proposed arrangement of words in ● The beautiful are a class by
sentences themselves.
● The coward die before they die.
Examples
Legend: subject, answer Examples
1. The chair (is/are) in the room. 1. One of my friends is attending the party.
2. The chair surrounded by boxes (is/are) in 2. A panel consisting of three doctors, two
the room. university professors, and four lawyers is
3. The complainant, as well as the witnesses, going to conduct the interview.
(was/were) present. 3. Only one in the three is expected to oppose
4. The complainants, as well as the judge, were the motion.
present. 4. A faction of the 14-member board is
5. To settle for less than the victim’s questioning the report.
hospitalization expenses (is/are) not
possible. Prepositional Phrases
6. Your granting our requests (is/are) most ● Those that come in between the subject
appreciated. and the verb do not affect the SV
agreement rule
Grammar a. Singular compounds that appear plural
● As well as, along with, together
Subject-Verb Agreement with, but not
● Agreement in Number ● Examples:
○ A singular subject takes a singular ○ The dean, along with other
verb faculty members, continues
○ A plural subject takes a plural verb to encourage students to
a. Singular study alternative dispute
● Each, either, neither, one, much, resolution.
someone, anyone, everyone, ○ The school president, not to
somebody, anybody, everybody, mention the other members
nobody, of the board, is of the
b. Plural opinion that law students
● Both, few, many, several should all have law office
c. Either Plural or Singular internships.
● All, most, some, every, none, any,
half, more, each Single measurements but plural in appearance
● depends on meaning intended ● Three blocks is great for exercise.
● Singular = taken as a unit ● Fifteen days is the company’s annual
● Plural = taken separately vacation leave.
d. Conjunctive-Compound Subject ● Paramount Pictures is my favorite studio.
● Usually plural ● Three hundred pesos is all I ask.
● The plaintiff and the defendant
agree to refer the matter to Name of Science or Practical Application
mediation. ● Singular = Name of Science
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad, Legal Writing by Tabucanon | 1
○ Economics is his favorite subject.
● Plural = Practical Application Punctuations
○ The economics of studying abroad ● More prominent in written materials
force Filipino students to be frugal. ○ Not needed in verbal materials
● Used to help the reader understand the
Examples material
1. The news this morning (is/are) depressing. ● Makes the writing more comprehensive
2. Her bestfriend and lover of 20 years (has,
have) proposed to her. Apostrophe
3. Despite the forecast of rain, Martha, along ● Punctuates the word rather than the
with the twins, John and Julian, (was, were) sentence
busy setting up for the garden party she ● Purposes:
had planned. ○ Possessive case
4. The demand for changes to the college’s ○ Omission of a letter or figure
outreach programs (is, are) going to be ■ not really used in legal
addressed at the next meeting. memoranda and in office
memoranda (business)
Pronouns ○ To form the plural of letters,
● Words used to substitute nouns or noun numbers, words, or abbreviations
phrases 1. When letters or words (used as they are)
● Avoid the ambiguous pronouns reference are pluralized, the apostrophe is used
● Pronouns not placed properly can point to ● Cross your t’s and dot your i’s.
the wrong noun thereby changing the ● He writes his leyte’s uncapitalized.
meaning of the sentence. 2. The plural of single-digit numbers written
a. Robert’s father will use his car for in figures is formed by adding ‘s.
the picnic. ● We must walk in 2’s.
i. Robert’s father will use ● We must walk in twos.
Robert’s car for the picnic. 3. Multiple-digit numbers in figures, dates,
ii. Robert’s father will use the and single-digit numbers which are
latter’s car for the picnic. spelled-out are pluralized by adding a
● “This, that, these, those, them” should only simple s, no need to put an apostrophe.
be used when the antecedent is definitely ● Segregate the bills by 50s.
established. ● That was done in the 1970s.
a. Repressed jealousy and hatred 4. Uncapitalized abbreviations are pluralized
among brothers and sisters is with ‘s.
counterproductive. You must get rid ● Bring your cd’s to the picnic
of them. 5. The plural of capitalized abbreviation is
i. Repressed jealousy and formed by adding an s.
hatred among brothers and
● He has a string of PHDs, yet
sisters is counterproductive.
remains humble.
You must get rid of these
feelings.
Comma
b. That is what I have been waiting to
● The defendant, who looked apologetic, was
hear from you.
found guilty.
i. That phrase “love thy neighbor”
○ The defendant who looked
is what I have been waiting
apologetic was found guilty.
to hear from you.
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad, Legal Writing by Tabucanon | 2
(unclear since it pertains that there
may be more than one defendant) Contrasting Expressions
● Woman, without her man, is lost. ● Introduced by not, but, but not, although not,
○ Woman, without her, man is lost. though not usually, and the like
(completely different meaning) ○ The plaintiff, but not his wife, is
predisposed to settle.
Introductory of Element Phrase
● Comma shall be used after these words Appositives
○ However, fortunately, first, soon, ● word/phrase beside another to add to or
obviously explain the first
○ Being blood relatives, in fact, very ● Sometimes, they are preceded by such as,
soon or, especially, particularly, most notably, etc.
○ At the time of the incident, with the ○ Jose, Mario’s older brother, is here.
preparations all geared up for a ○ The bus, old and dilapidated, still
warm welcome, speaking to the transports passengers.
defendant
Non-Restrictive Sentence
Transitional Words ● Modifies a part of the sentence but is not
● Comma shall be used after these words essential to the overall meaning of the
○ Moreover, therefore, thus, sentence
furthermore ○ The class, which meets at the 3rd
floor, has invited Atty. Perez.
Interrogatory Tags
● Questions follow a declaratory statement Interrupting Words/Phrases
● The subject of both the statement and the ● Sir, madam, my dear cousin, etc.
question is the same person/thing ○ The proposal, Your Honor, aims to
○ The judge is the Rotary president of give housing to the landless.
the district, is he not?
Quotation Marks
Coordinate Adjectives ● May be double “...”
● Two or more adjectives that equally modify ● May be single ‘...’
a noun ○ Useful for nested quotations,
○ The defendant chose to wear his quotations within quotations
most colorful, traditional clothes in ○ Dag Hammershjold said: “Your
court. responsibility is a ‘to-’; you can
never save yourself by a ‘not-to.’”
Double Commas 1. Punctuation before quotation marks
● Here are your documents, Mr. Cruz, and be ● The witness sighed, “I still do not
sure to read them all tonight. understand why I was asked to
testify.”
Parenthetic Expressions 2. End punctuation of the quoted sentence
● Words and phrases that give additional ● Usually a part of the quoted
meaning but are only incidental to the sentence
main thought of the sentence ● The witness sighed, “I still do not
○ Judges, just like any human, may understand why I was asked to
be tempted to overlook facts out of testify.”
pity. 3. Other uses of quotation marks
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad, Legal Writing by Tabucanon | 3
● Words used ironically or with a ■ In exchange of the
different shade of meaning commission of the crime,
○ His “wife” will attend the the accused were granted
funeral. incentives, i.e., plane tickets,
■ May pertain to a P2 Million, and a brand new
live-in partner, but car.
not a legal wife ■ Only one (1) member of the
● Nickname written between a board, i.e., Juana Change,
person’s first name and surname attended the Board meeting
○ Juancho “Pakito” Ramos
Modifiers
e.g. vs i.e.
● Exempli gratia (Latin) Past Participle
○ For example, such as ● Typically ending in -ed in English
○ Used to introduce one or more ● Form of a verb used in forming perfect &
examples of something mentioned passive tenses and sometimes as an
previously in the sentence adjective
○ Implies that there are other ● Compound verb
examples not included in the list
○ No need to use “, etc.”
PAST TENSE PAST PARTICIPLE
○ “Example given”
■ The Summer Olympics is I lived in the United I had lived in the United
composed of a variety of States for seven years. States for seven years.
sports (e.g., gymnastics,
I listened to this song I have listened to this
swimming, and tennis). five times. song five times.
■ Many genes are involved in
neural tube development, We talked about this The book has been
book. talked about.
e.g., Sonic Hedgehog, BMPs,
and the Hox genes. I ate breakfast at 10 I had eaten breakfast by
● Id est (Latin) o’clock yesterday. 10 o’clock yesterday.
○ That is, specifically, namely
○ When you want to specify Conditionals
something previously mentioned ● Describe the result of a certain action
○ “in ether (other) words” ○ If clause = tells the condition
■ Only one city, i.e., London, ○ Main clause = tells the result
has hosted the Summer ● Order of the clauses does not change the
Olympics three times. meaning
■ Every genetics student ● If you study hard, you will pass the exam.
learns the two basic ● You will pass the exam if you study hard.
methodologies in the field,
i.e., forward genetics and Zero Conditional
revers genetics. ● Used when talking about things which are
○ Can be used for emphasis generally true, especially for laws and rules
■ The heinous crime was only ● if/when + present simple >> present simple
witnessed by two witnesses, ○ If I drink too much coffee, I cannot
i.e., the accused and the sleep at night.
victim. ○ Ice melts if you heat it.
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad, Legal Writing by Tabucanon | 4
● Generally, the writer is free to decide where
First Conditional to place the modifier
● Used when talking about future situations ● Why? When? Where? How? On what
we believe are real or possible conditions?
● if/when + present simple >> will + infinitive ● Maria edited the letter quickly. (end)
○ If you do not attend the hearing, the ● Maria quickly edited the letter. (middle)
judge will issue a warrant of arrest. ● Quickly, Maria edited the letter. (front)
○ If you fail to attend the board
meeting, you will not be able to cast Placement of Modifiers
your vote. 1. Dangling Modifiers
● Words that can be used instead of if: ● Attempts to describe a word that is
unless, as long as, as soon as, or in case not clearly referred to in the
○ The judge will issue a warrant of sentence
arrest unless you attend the ● Can lead to absurdity
hearing. 2. Single-Word Modifiers
○ You will not be able to cast your ● Placed near the word/phrases they
vote unless you attend the board modify
meeting.
Modifying Phrase or Clause
Second Conditional ● I head that the Mr. Si intends to share fifty
● Used to imagine present/future situations percent (50%) of his shares to Mrs. Rubina
that are impossible/unlikely in reality while I was outside his office.
● If + past simple >> would + infinitive ○ While I was outside his office, I
○ “If” is followed by verb “be” → if I heard that the Mr. Si intends to
were, if she were, if he were, if it share fifty percent (50%) of his
were shares to Mrs. Rubina.
○ If I won the lottery, I would resign. ● Three television sets were reported stolen
○ He would travel more if he was by the Manila Police yesterday.
younger. ○ The Manila Police reported that
three television sets were stolen
Syntax yesterday.
SUBJECT VERB OBJECT ● Having finished the scheduled
presentations, the meeting was concluded.
The lawyer shouted at the witness ○ Having finished the scheduled
The general met the representative of the presentations, the Chairman of the
manager advertising agency Board concluded the meeting.
The investor attended the stockholder’s meeting
Active Voice
Modifiers ● Watch out for statements beginning with:
● Words, phrases, clauses that affect and ○ There is/are/was/were
often enhance the meaning of a sentence ○ It is/was
● Offer detail that can make a sentence
more engaging and specific ACTIVE PASSIVE
● words/phrases which act as adjectives or
Courts can modify its Interlocutory orders may
adverbs interlocutory orders. still be modified by the
courts.
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad, Legal Writing by Tabucanon | 5
The court failed to cite There were no authorities ● Active voice is more definite
authorities in its cited by the court in its ○ More categorical, i.e., the identity of
judgment. judgment. the actor is always present
Engr. Perez suggested It was suggested by Engr.
that Julia ask the Perez that the Exceptions
contractor to submit the submission of the new ● When to use passive voice
new bid. bid by the contractor be
requested by Julia.
More important to know the thing done than to
know who the doer was
Active Voice ● The subpoena was served on January 4,
● Engages reader with movement & action 2007.
● Sentences should sound & feel like the ● My mother was bitten by a dog.
subject produces the action ● My grandmother was hurt in that bus
● Subject of the sentences does the action collision.
Jen’s anger filled the The room was filled by Prefer the Positive Form
room. Jen’s anger.
NEGATIVE POSITIVE
He stuttered. He was overcome by fear.
Did not follow disobeyed
NOTE: Active voices may be expressed in various Was not present absent
tenses (past, present, future, etc.)
Not guilty innocent
Entails the use of more More concise and easier Only two persons/things More than two are
words, can be distracting to understand are considered considered
Copyright Author
● In copyrighting books, the purpose is to ● Natural person who has created the work
give protection to the intellectual product ○ Natural person - a human being
of an author. (Section 184.1) (G.R. No. L-770)
● Should be deemed as one who fixed an
abstract idea into something tangible (G.R.
According to Republic vs. Heirs of Tupaz
No. 197335)
IV (G.R. No. 197335, September 7, 2020)
● “The right granted by statute to the
TYPE OF WORK WHO OWNS COPYRIGHT
proprietor of an intellectual production to
its exclusive use and enjoyment” Literary & artistic Author
● Is a purely statutory right
○ Only classes of works falling under Joint ownership Co-authors; if agreement is
absent, rights shall be governed
the statutory enumeration are by rules on co-ownership
entitled to protection
○ “May be obtained and enjoyed only If the author of each part can be
identified, the author shall be
with respect to the subjects and by
owner of copyright in the part
the persons, and on terms and he created
conditions specified in the statute”
Created during Employee; if not part of his
and in the course regular duties
Works protected by copyright of employment
● Sections 172 and 173 of the IP Code Employer; if part of regular
1. Literary and Artistic Works duties, unless there is an
agreement (express or implied)
2. Derivative Works to the contrary
3. Published Edition of Works
Commissioned Author owns copyright, unless
work there is a written stipulation to
When are works protected the contrary
● Section 172.1
○ Literary and artistic works… are Person who commissioned has
ownership over work
original intellectual creations in the
literary and artistic domain Letters Author owns copyright; cannot
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad, Legal Writing by Tabucanon | 10
(Article 723 of the be published or disseminated
b. Possesses some minimal
Civil Code) without his/his heir’s consent degree of creativity
- Court can authorize if public 2. Expression
good or interest of justice so
requires
Plagiarism
Receiver of letter has ownership ● “Deliberate and knowing presentation of
another person’s original ideas or creative
Collective Work expressions as one’s own”
● Section 171.2 ○ Presentation of another’s ideas as
○ A work which has been created by one’s own must be deliberate or
two (2) or more natural persons at premeditated (a taking with ill
the initiative and under the intent)
direction of another with the ● Objective act of falsely attributing to one’s
understanding that it will be self what is not one’s work, whether
disclosed by the latter under his intentional or out of neglect
own name and that contributing ● Act of appropriating the literary
natural persons will not be composition of another, or parts or
identified. passages of his writings, or the ideas or
language of the same, and passing them
Works not protected by copyright off as the product of one’s mind
● Section 175 and 176 of the IP Code
What are the benefits of and rights
Are ideas protected by copyright created by copyright
● An idea or event must be distinguished Rights granted by copyright
from the expression of that idea or event. ● Economic Right
● Moral Right
Idea
● “must be spoken to a little before it will NOTE: Check Section 177 and 184 of the IP Code.
explain itself”
● a concept that has eluded exact legal What is the essence of copyright
definition infringement
● Similarity or at least substantial similarity
Expression of the purported pirated works to the
● Concrete ideas copyrighted work (G.R. Nos. 76649-51)
● “Concrete” tangible embodiments of these
abstractions Substantial Reproduction of a Book
○ Concrete ● Does not necessarily require that the
■ Referring to a particular; entire copyrighted work, or even a large
specific, not general or portion of it, be copied
abstract ● Copyright infringement occurs when so
much is taken that the value of the
Elements of Copyright original work is substantially diminished,
1. Originality or the labors of the original author are
● Elements substantially and to an injurious extent
a. Independently created by appropriated by another
the author
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad, Legal Writing by Tabucanon | 11
○ Sufficient in point of law to liability based on the facts the latter tells
constitute piracy him
● when a lawyer files a number of pleadings,
Lack of Intent to Plagiarize motions, oppositions, replies, rejoinders,
● It is no defense that the pirate did not memoranda, and other papers when the
know whether or not he was infringing any case gets to court
copyright; he at least knew that what he ● when a judge, who is also a lawyer, puts
was copying was not his, and he copied at the decision in writing, announce its
his peril (G.R. No. 131522) results, and reveal to the parties the
reasons for the decisions
Quotations ○ strength of decision lies in validity
● Quotations from a published work if they and persuasiveness of the opinion
are compatible with fair use and only to supporting it
the extent justified by the purpose are
allowed provided that the source and the Process of Legal Writing
name of the author, if appearing on the 1. Put together facts
work, are mentioned 2. Find the applicable statute
3. Identify the issues
Fair Use of a Copyrighted Work 4. Strengthen your arguments
● Section 185 of the IP Code 5. Proofread
○ The fair use of a copyrighted work 6. Write better
for criticism, comment, news
reporting, teaching including Legal Dispute
limited number of copies for ● When one part complains of a violation of
classroom use, scholarship, his right by another who, on the other
research, and similar purposes is hand, denies such violation
not infringement of a copyright ● the right claimed to have been violated
must be a legal right since courts will
Factors to be considered to determine whether uphold and vindicate only those rights
the use of a work falls under fair use that are established or recognized by law
1. The purpose and character of the use, ● Akin to a cause of action in a civil suit in
including whether such use is of which the defendant denies the claim
commercial nature or is for non-profit against him
educational purposes
2. Nature of the copyrighted work Elements of a Legal Dispute
3. The amount and substantiality of the 1. A right protected by law
portion used in relation to the copyrighted 2. An alleged violation of such right
work as a whole 3. Denial of the allegation
4. The effect of the use upon the potential
market for or value of the copyrighted work Significance of knowing what the Legal Dispute
Is
Legal Writing ● legal dispute involves a violation of a right
(Fundamentals of Legal Writing by Abad; Atty. Perez PPT) protected by law or which violation the law
punishes —> can only be properly ended by
Legal Writing resolution of such dispute
● when a lawyer writes back to a client about
the former’s views regarding his probable
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad, Legal Writing by Tabucanon | 12
● if legal dispute is not correctly identified i.
State’s charge that accused
and addressed —> nothing will happen and defrauded the complainant
such dispute would not be terminated by selling a fake Rolex watch
to him for the price of a
Legal Dispute and the Principal Issue genuine one
● legal dispute, recast/rewritten in the ii. accused’s denial of the
format of an issue, provides the principal charge
issue in every case b. Principal Issue
i. “whether or not the accused
Examples defrauded the complainant
Civil Cases: by selling a fake Rolex watch
1. When a person renting an apartment to him for the price of a
allegedly could not pay the agreed monthly genuine one”
rents yet refuses to leave his unit 2. Building official issues to the owner an
a. Legal Dispute occupancy permit for a building with
i. apartment owner’s claim inadequate fire exits
that tenant fails to pay the a. Legal Dispute
agreed monthly rents and i. complainant’s claim that
must leave his unit respondent building official
ii. tenant’s denial of the claim issued to the owner an
and insistence to retain unit occupancy permit for a
b. Principal Issue building with inadequate
i. “whether or not the tenant fire exits in violation of
who fails to pay the monthly Section3(b) of RA 3019
rents must leave the ii. respondent’s denial of that
apartment unit” claim
2. When a person allegedly refuses to pay his b. Principal Issue
debt i. “whether or not respondent
a. Legal Dispute building official issued to
i. creditor’s claim that debtor the owner an occupancy
unjustly refuses to pay his permit covering a building
debt under a promissory that has inadequate fire
note that he issued in favor exits in violation of Section
of the creditor 3(b) of RA 3019”
ii. debtor’s denial of such a
claim Legal Issue
b. Principal Issue ● Your case will be decided for or against you
i. “whether or not the debtor based on that issue
unjustly refuses to pay his ● The significance of every argument you
debt under a promissory want to use to persuade your reader will
note that he issued in favor depend upon the argument’s relevance to
of the creditor” the principal issue
Criminal Cases: ● Avoid useless arguments
1. Person defrauds another by selling a fake
Rolex watch to him for the price of a Whether or Not
genuine one ● You automatically incorporate the
a. Legal Dispute opposing views, the positive and the
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad, Legal Writing by Tabucanon | 13
negative, into one statement of the issue. Value of Pre-Work
It, therefore, makes for a fair statement of ● haphazardly finished legal writing
that issue. can be traced to lack of pre-work or
pre-work hastily done
NOTE: Plaintiff or accuser always bears the burden of ● pre-work helps the lawyer make a
proving his/her claims convincing presentation of his case
in the limited time that he is able
Stages of Writing to hold his audience’s attention
1. Pre-Work
● beginning the writing assignment 2. Write-Up
and looking at facts and evidence ● as you already have all the ideas
of the case as they are made you need concerning the legal
available writing assignment, your task now
● new case: is to put flesh, color, and shape to
○ facts might come from them
interviews of persons ● transform the sketches and
involved or from related outlines your produced during
documents that require pre-work into a full draft of the
sorting; paper required of you
○ materials would be ● editing and rewriting will complete
absolutely raw this stage
○ dates when important
events took place are mixed Getting at the Facts of the Case
up ● legal writing stands on two legs: (1) the
○ case that has undergone facts and (2) the laws involved in the case
trial ● pre-work always starts with getting the
○ looking at the transcript of facts right
the testimonies of
witnesses and the Facts of a Case
documentary exhibits ● Must have complete understanding of
presented in the case what the case is about from every angle,
● is a process including that of the opposition
● must go through at least five levels ● Preliminary determination of the issue is
of efforts: important
1. Establishing where the legal
dispute lies in the case Random Notes
2. Discovering its relevant ● one way to study case materials
facts ● taking note of random facts of the case
3. Identifying the issue/s that you consider important as you go over
you would address them
4. Knowing the laws or rules ● good practice but does not give you
that apply to it complete picture
5. Roughing out the ● often uncorrelated and are useful only for
arguments that you would work done in one sitting
use
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad, Legal Writing by Tabucanon | 14
Summary Case Law
● systematically prepared notes that ● Decisions of courts & persons or agencies
adequately capture the entire factual performing judicial functions
terrain of the case, with important points ● These decisions interpret and apply
properly marked out statute law to specific situations
● serves as a detailed map, able to guide you ● Rulings in these cases become legal
in negotiating your way through the precedents that, when invariably affirmed
dispute involved and used, become part of the law itself
● forces you to search materials for what is
important NOTE: Legal Writing consists of (1) facts and laws, (2)
● compels you to toss an item of fact over in getting into the issue
your mind, assess its importance and
relevance to the issues in the case, and Getting Into the Issues
decide whether to keep it in or omit it from
your summary Issue
● Exists when the contending parties do not
Arrange the facts in proper order/sequence agree on a given point
● Easier to understand because you get to
see the natural order or flow Spotting the Issue/s
● Avoids confusion ● (1) compare the facts and laws that the two
● When facts are arranged in the proper sides claim and (2) identify the areas of
order, you would clearly see how each fact their disagreement
relates to or connects with others. When ● Also take note of what the parties agree on
the factual versions of either side are put
in order and matched, you would also be Kinds of issues that may arise in Legal Dispute
able to see clearly the areas where the 1. Factual
respective versions agree and disagree. ● Contending parties cannot agree
○ Will furnish you with a balanced that a thing exists or has actually
appreciation of each opposing happened
claim 2. Legal
● Contending parties assume a thing
Knowing the Applicable Rule or Law exists or has actually happened but
disagree on its legal significance or
Statute Law effect on their rights
● Laws and rules enacted by
duly-constituted rule-making authorities Cases that have multiple legal & factual issues
○ Congress (Republic Acts, Batas ● Especially true in civil cases
Pambansa) ○ There could be as many legal
○ President (Presidential Decrees, disputes as there are claims of
Executive Orders) violations of separate rights of the
○ Supreme Court (Rules of Court) parties
○ Local government councils (city or ● Principal issues must all be addressed
municipal ordinances)
○ Administrative regulatory agencies One controlling issue in multiple legal disputes
(implementing rules and Example: In a lawsuit, Rudy Solis, a music
regulations) composer, claims that his friend Sergio Gomez
appropriated as his own and sold to a record
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad, Legal Writing by Tabucanon | 15
company a song that he (Solis) had created.
Gomez claims that is was Solis who stole the Roughing Up the Argument
song fro him (Gomez).
● Legal Disputes Argument
○ Gomez’s denial of this claim ● A reason you offer to prove your thesis or
○ Solis’ claim that Gomez maligned proposition
him as a thief of intellectual
property and Gomez’s denial of this Structure of Argument
additional claim a. A clear statement of your thesis or where
○ Solis’ denial of the claim of Gomez you stand on the issue to be resolved
that it was Solis who tried to steal b. Arguments that can be made against your
the song from him position but with explanation that those
○ Solis’ denial of the claim of Gomez arguments do not doom such position
that the lawsuit was malicious c. Arguments in favor of your position
● Controlling Issue d. Appeal to the good sense of the person/s
○ Whether or not Solis or Gomez who will resolve the issue
created the song
NOTE: Argument must have a balanced presentation.
NOTE: if you do not know the “specific right protected
by law”, integrate “violated the laws” in your issue How to guard against the mindless approach
that characterizes many legal writings
NOTE: Issue must be fair. ● Complete your pre-work
● Wrong: WON Zeno and Primo employed ● Plan and rough out a balanced approach to
treachery and evident premeditation in your arguments before writing them up
killing Andy
● Wrong: WON Zeno and Primo murdered Classical Categorical Syllogism
Andy ● Major premise
● Correct: WON Zeno and Primo killed Andy ○ Generally accepted truth
● Minor premise
Threshold Issues ○ a particular thing/individual within
● Those that could slam the door to any the class/situation covered by the
judicial consideration of the case on the generally accepted rule/truth
merits ● Conclusion
● Court cannot decide a case falling outside ○ Statement that follows after the
the scope of its authority, a case filed in major and minor premises,
the wrong place, a case filed by the wrong deducing that the generally
party, or a case filed after too many years accepted rule/truth applies to the
● Brought out by a motion to dismiss in a particular thing/individual
civil action or a motion to quash in a
criminal action, filed before the issues on Example
the merit of the case are joined by the ● Major premise: All men are mortal.
filing of an answer in the first or a plea of ● Minor premise: Jose is a man.
not guilty in the second ● Conclusion: Jose is mortal.
NOTE: Cases filed in the ph are filed under diff courts Arguments that Build Up
● Metropolitan Trial Court → Regional Trial Court ● Favorable testimony comes from a
→ Court of Appeals → Supreme Court credible witness
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad, Legal Writing by Tabucanon | 16
● Party’s version is inherently credible and of the facts. In this way, you would have no
consistent with common experience misunderstanding with him.
● All the elements/requisites of a valid claim ● Do not assume that the judge or reader
or defense have been proved listened to/read everything. The attention
span of human beings is quite limited.
Arguments that Destroy ● It is possible that the judge had gotten the
● Argument raised is irrelevant facts wrong from past pleadings or during
● Argument has little weight given the other the hearing. You may have to correct those
considerations in the case impressions by recalling the facts as they
● Argument is baseless were.
○ A claim made with no fact to ● Hearings in the Philippine system are
support it is baseless piecemeal. The judge hears the
● Argument is contrary to common testimonies of the various witnesses over
experience some period of time, from one to five years
○ As a rule, claims that go against in certain cases. Consequently, when some
ordinary human experience are facts make up the issue in the case or its
bizarre and cannot be believed incident, you need to restate those facts to
● Argument is inconsistent with undeniable the judge.
facts ● Generally, no trials are held in the Supreme
○ No assertion can defeat facts that Court and the Court of Appeals; only
cannot lie important cases
● Argument is inconsistent with a prior ● In the case of the justices of an appellate
claim court, you need to apprise them of the
facts of the case simply because they did
not hear the evidence and they rely on the
WHERE YOU STAND ON THE ISSUE
lawyer’s summaries of them.
ARGUMENTS AGAINST ARGUMENTS IN YOUR
YOU FAVOR The Build-up in Write Up
APPEAL TO YOUR READER’S GOOD SENSE ● flow of thoughts (chronological order of
the facts) to build up your facts to enable
your reader or the court to have a full grasp
Write-Up of the issue or issues that you intend to
argue
CYA (Cover Your Ass/Bases) ● Only by fairly showing the conflicting
● get concrete evidence; send an email to claims of the parties can the court or your
confirm statements with the client reader truly understand the issues that
● always try to drive the meeting your way divide them
● statements of your facts should always be ● understand the arguments of the
delivered yourself opponent to address it or counter it
properly
Pointers
● Even if your own client supplied the facts
STATEMENT OF THE CASE
on which he seeks your opinion regarding
an issue arising from them, you still need STATEMENT OF FACTS
to restate those facts to him to insure that
PLAINTIFF’S VERSION OF DEFENDANT’S VERSION
he and you have a shared understanding
THE FACTS OF THE FACTS
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THE ISSUE OR ISSUES
you want him to resolve & the arguments
that you adduce on those issues.
BODY OF ARGUMENTS
Where to source
RELIEF
● Documents
● Witnesses
Introduction
● sufficiency of introduction Writing the Argument
● only as much background facts as are
needed for an understanding of the issue Building Blocks of an Argument (Conventional)
or issues that the parties present 1. Rule Statement
● Statement of a rule that applies to
Statement of the Case a given fact or set of facts
● clear and concise statement of the nature 2. Case Fact Statement
of the action ● Statement of the fact of a particular
● a summary of the proceedings so far had case that opens up such case or
● any challenged order or decision issued in closes it to the application of the
the case rule
● other matters necessary to an 3. Conclusion Statement
understanding of the controversy ● Conclusion that the rule applies or
● example: Peter Banag Case does not apply to the particular
○ Letter reply from Arthur Sison case
regarding his refusal to pay for
damages Persuasive Arguments
● Effectiveness of your argument depends
Statement of Facts on how ably you write up each statement
● narrates the transaction or event that of your argument into a convincing part
created the legal dispute and led to the ● Recourse to statute and case laws to
filing of the suit reinforce the validity of that view
● you do yourself and the court the favor of ● Rule → Case Fact → Conclusion
better understanding the issue and the ● Court: Case Fact → Thesis/Proposition →
arguments you present when you show the Conclusion → Reinforcement of Rule
conflicting claims of the parties Statement in Court’s argument →
Conclusion (different POV)
STATEMENT OF THE CASE STATEMENT OF FACTS
Convincing Fact Statement
- events that - chronological narration
happened before the of events which led to the ● Parties to the dispute could agree that a
courts filing of the case specific rule governs a case but they are
- summary of - provide a background of unable to agree whether the key fact to
proceedings before event involved to enable which it applies is similar to or different
the courts reader to see the issues
in their proper context from the fact of the case
○ Statement of case fact needs
How much details
building up
● The test of sufficiency of the statement of
○ Can cluster arguments for one
facts of your pleading is its ability to
major point
enable the judge/reader to understand,
● Rule → Case Fact 1 → Case Fact 2 →Case
with minimum words, the issue/s that
Fact 3 → Conclusion
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad, Legal Writing by Tabucanon | 18
● Rule → Statement of opposing claim → Any word that applies to a large
○
Conclusion class of things rather than to any
single, concrete object or idea
Correct Conclusion Statement ○ Too many abstract words make for
● When stating conclusion, simply draw an vagueness, even meaninglessness
inference that the fact of a particular case ● Concrete
opens it up or closes it to the application ○ Words that stand for real things
of the rule that governs such case ○ Things that appeal in one way or
● Conclusion → Rule → Case Fact another to the senses
● Case Fact → Rule → Conclusion
Reading Comprehension and
Omitted Stateent
Vocabulary
● At times, you could omit from your
argument one of its essential statements
Relationship between reading and writing
if it is so evident that it goes without
● Writing benefits student’s reading skills,
saying
improves reading comprehension
● Can also omit stating conclusion when it
● Improves reading fluency
is already obvious based on how you
● When you write, you are forced to
clearly discussed rule & case fact
intuitively understand the choices authors
● Dangers
make as they create a work that moves a
○ Can misread how the average
reader
readers think
○ In case of doubt, it will be best to
completely deploy all the essential Reading Comprehension
statements of your argument
Reading
Prayer ● A critical, life-long skill that presents itself
● Clear and short; what is your end goal in everyday tasks
● Critical for long-term learning
● An interactive process in which the reader
Tigtening Your Work
gives sense and meaning to the issues
● Editing is essential to excellent writing
he/she gets in touch with
● Legal garbage is prohibited
● Jimenez, 2000: “the learners’ ability to
● Delete unnecessary words
interpret or work out the meaning of a
○ There is no doubt but that the law
written text & react towards it as a result”
must be obeyed. → No doubt the
○ Comprehension is involved in the
law must be obeyed.
process
● Nuttall, 1996: “the process of getting out of
Substitute names
the text as nearly as possible the message
● Better to use these names throughout your
the writer put into it”
discussions especially when the case
○ Involves not only looking at
reaches a higher court and the parties
sentences and words and going
begin to assume cumbersome &
through them at random, but also
confusing descriptions like “the
recognizing and understanding
plaintiff-appellant”, etc.
them intellectually
Abstract vs Concrete Writing
● Abstraction
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad, Legal Writing by Tabucanon | 19
● Will ensure learners’ active involvement
Reading Strategies and make reading easier to practice
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad, Legal Writing by Tabucanon | 21
and thus misunderstand the 8. Make it plain and simple
purpose of the message 9. Reduce abbreviations; leave the symbols
and abbreviations on your phone
Written Communication 10. Use gender-sensitive language
● Most common form of communication 11. Get active
being used in business 12. Proofread
● Considered a core among business skills
● Written signs or symbols are used to Business Writing and Verbal
communicate
Communication
● May be printed or handwritten
● Influenced by the vocabulary and grammar
used, writing style, precision, and clarity of
Business Writing
the language used ● Purposeful piece of writing that conveys
● Internal Communication relevant information to the reader in a
clear, concise, and effective manner
○ memos, reports, bulletins, job
descriptions, employee manuals,
Relevant Everyday
and electronic mail
● All kinds of office workers are expected to
● External Communication
have the skills needed for everyday
○ electronic mail, Internet Web sites,
communications
letters, proposals, telegrams, faxes,
● Emails, memos, records, letters, reports,
postcards, contracts,
and forms — even when they’re not part of
advertisements, brochure, and
your job description — are routine in any
news releases
workday and must be completed correctly
Advantages
Types of Business Writing
● Messages can be revised or edited
prior to sending
Instructional
● Provides for a record of every
● Directional and aims to guide the reader
message sent and can be saved for
through the steps of completing a task
later study
● Ex: user manual or memo issued to all
● Enables reader to fully understand
employees outlining the method of
it and appropriate feedback
completing a certain task in the future
Disadvantages
Informational
● Does not bring instant feedback
● Recording business information
● Takes more time to compose
accurately and consistently
● May be a struggle for a number of
● Comprises documents essential to the
people
core functions of the business for tracking
growth, outlining plans, and complying
Tips for Effective Business Writing
with legal obligations
1. Know your audience
● Ex: financial statements of a company,
2. Know your message
minutes of the meeting, report writing
3. Think like a reporter
4. Speak formally
Persuasive
5. Banish buzzwords and cliches
● Goal: to impress the reader and influence
6. Junk the jargon
their decision
7. Keep it short/tight
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad, Legal Writing by Tabucanon | 22
● Conveys relevant information to convince
them that a specific product, service, Correctness
company, or relationship offers the best
value Basic Principles of Wriitng Style
● Often associated with marketing and sales
● Ex: proposals, bulk sales emails, press Unity
releases ● The communication has a main point’s
and that everything in it relates to,
Transactional develops, and supports that point
● Day-to-day communication at the ● In business communication: it’s a good
workplace idea to state your main point at the
● Bulk of such communication is by email, beginning
but also includes official letters, forms,
and invoices Coherence
● Express your ideas n an orderly manner,
Successful Business Writing ideas must be tied together logically
● Professional in tone ● Create an outline
● Positive reflection of your company
● Efficient and effective in completing the Emphasis
task at hand ● Omit unnecessary words
● Do not use emoticons ● Arrange each sentence so that the most
prominent idea occupies the most
Principles of Letter Writing prominent position
● Ex:
Clarity ○ They’re today the biggest sellers in
the field of low-priced books. → In
Conciseness the field of low-priced books,
● Omit unnecessary information they’re the biggest sellers today.
● Avoid lengthy, repetitious, explanations, or ○ Concerning the offer you amde to
phrases me, I desire to state that it appeals
to me strongly. → I am interested in
Completeness your offer.
● You must never leave information out of a
letter just to make the letter shorter Netiquette
● Make a checklist of each ite that should be ● Check the electronic address carefully
discussed in the letter, and make sure that ● Use standard capitalization
all of the important items are included ● Be professional
● Once the letter is written, read through it ○ Avoid from using keyboard
to make sure that you’ve included each of emoticons or animated pictures in
the items you’ve listed and haven’t business emails
included extra items which aren’t external ● Don’t send anything you wouldn’t want
published.
Courtesy ○ What you write and how you write it
● Success of a business office depends on will be judged by the recipient and.
the courteous relationship maintained for all you know, by people checking
with clients, patients, business colleagues, stored emails for years into the
and other businesses future.
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad, Legal Writing by Tabucanon | 23
● an analytical mind is one of truth’s allies,
Memorandum and falsehood’s foes
● To provide a record of communication
● To be sure a number of people receive Main Types
precisely the same information
● General rule: one main point/one specific Formal Fallacy
purpose per memo ● an invalid argument, an erroneous
● Most common type of business document inference
● Usual format: ● an error in deductive reasoning where the
conclusion does not necessarily follow
TO : All Office Personnel
from the premises
FROM : Jo-Anne Perez
Informal Fallacy
DATE : March 28, 2023 ● inductive fallacy
● an error in reasoning in a form which does
SUBJECT : Early Dismissal on April 12,
2023 for Disinfection not follow the traditional formal structures
of logic
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad, Legal Writing by Tabucanon | 24