PERSUASIVE

LEGAL ANALYSIS
 CHAPTER XII
PERSUASIVE LEGAL ANALYSIS
Purpose: To be able to write pleadings, motions
and short appellate briefs in their proper format.
 “
Context is always
important. Take the
example of the statement
‘The chicken is ready eat.’
This can either refer to a
cooked chicken or a
hungry chicken. The
context alone will
determine the meaning.

3
PERSUASIVE
DOCUMENT
Attempts to convince 4
a third party to decide
in favor of the
writer’s client.
PLEADINGS
Are the written statements of the respective claims and defenses of the parties
submitted to the court for appropriate judgement. The rules require that every
pleading shall contain in a “methodical and logical form” a “plain, concise, and
direct statement” of the “ultimate facts “ relied upon the pleader for his claim or
defense.

Purpose Kinds Parts

Is to define for the The Complaint, The parts of the
court the issues of laws Counterclaim, Cross- pleadings are: the 5
or fact raised by the claim, Third (Fourth, caption; body of the
parties. Etc) Party Complaint, pleading; signature
or The Complaint In and address;
Intervention assert the verification; and
claims of the party. In certification against
return, the answer is forum shopping.
called the Reply.
LIBERALITY IN CONSTRUCTION
OF PLEADINGS
Rule Exception to the Rule
Pleadings are liberally ▹ Uncertain and
construed. The rule of ambiguous 6

court procedure is ▹ Framed to be vague

liberally construed so as
▹ Inadequate
to promote their
objective of securing a ▹ Violating
just, speedy and ▹ Intemperate,
inexpensive disposition derogatory or false
of every action and
proceeding.
MOTIONS
is an application for relief other than by a pleading. It is a request made to a judge
for an order - not part of the judgement – directing some act to be done in favor
of the applicant.

Kinds of Motion
Ex parte Litigated
An application made to One made with notice
the court in the absence to the other party giving
and usually without the that party opportunity
knowledge of the other to comment or oppose
party. the motion.
Pro forma Special Motion
A motion in form only. Directed to the
discretion of the court
and usually involves in
investigation of the
facts on which the
application is
predicated
Motion of course
A motion for relief to
which the moving party 7
is entitled as a matter of
right and not of
discretion on the part of
the court and which
requires no
investigation of the
truth of any allegation
or suggest on which it
is founded
BRIEF
Also called memorandum of law, is a document presented to the appellate court
arguing why the reviewing court should affirm or reverse the lower court’s
decision, as the case may be.

Contents of Appellant’s Contents of Appellee’s

Brief Brief
▹ Subject index ▹ Subject index 8
▹ Assignment of errors ▹ Statement of facts or
▹ Statement of the case Counter-statement of facts
▹ Statement of the facts ▹ Arguments
▹ Issues of fact or law
▹ Argument
▹ Relief
▹ Copy of Judgement or Final
Order
Significance of the
Brief
The brief is without doubt the
lawyer’s single best opportunity
to persuade the appellate court.
Briefs are sometimes called the
“most refined of legal
conversation” and represents
the “pinnacle of the lawyer’s
craft.”
Suggestions of the Brief
▹ Strict adherence to the
appellate rules of
procedure.
▹ Careless or willful
disregard of the rules may
indicate two things: either
the lawyer is too
inexperienced for the court
or to rely on, or he does not 9
respect the court enough
to follow its rules.
▹ Everything must be seen as
an opportunity to persuade
▹ Research
▹ Organize your breif