Module 2:

Legal Writing is a kind of writing used by

lawyers, law professors, judges, and other
workers in the field of law to express legal
rights, obligations, and opinions.
Types of Legal Writing (3):
1. Informative Writing conveys
information on an issue involving the
law or a persons legal rights. (e.g.
memoranda, letters to clients, and
statement of facts in brief)
2. Persuasive Writing convinces the
reader to accept a certain viewpoint.
These may be pieces of evidence
offered in court, sections of law, and
legal authorities on a subject. (e.g.
academic legal writing, motions,
pleadings and argument section of
the brief.)
3. Functional writing is designed for a
specific use or result in law. (e.g.
deeds, wills, contracts or drafts of
laws, and ordinances which legally
blind those involved).
Broad Categories of Legal Writing (2):
A. Legal Analysis
1. Predictive Analysis deals with a
legal question in 3 ways:
a. Analysis Facts and laws
are analysed and studied
closely.
b. Prediction outcome of
the legal question,
whether positive or
negative, is predicted.
c. Recommendation The
writer, based on facts and
law, gives his advice or
recommendation as to
what is the best line of
action under the
circumstances.
B. Legal Drafting A type of legal writing
that is functional. The writer creates a
legally binding document, or uses an

already available template found in

Legal Forms handbooks. Also, it
requires no legal authority.
Definition of Terms:
1. Memorandum it is paper that
explains and summarizes specific
points of law for a judge, for another
attorney, or for a client.
2. Pleadings the formal presentation of
claims and defense of the parties to a
lawsuit.
3. Motion A written or oral application
made to a court or judge to obtain a
ruling or order directing that some act
be done in favour of the appellant.
4. Brief A written document drawn up
by an attorney for a party in a lawsuit
or by appearing pro se that concisely
states the following:
a. Issues of a lawsuit
b. Facts that bring the parties to
court
c. Relevant laws that can affect
the subject of the dispute;
and
d. Arguments that explain how
the law applies to the
particular facts so that the
case will be decided in the
partys favour.
5. Appellate Brief A writing that must
be filed with an appellate court so
that the court may evaluate whether
the decision of the lower court should
be reversed because of some error or
impropriety that occurred during trial.

Module 3:
Stare Decisis - A Latin expression of a legal
principle which says that once a question of
law has been examined and decided, it should
be deemed settled and closed to further
argument. Put another way, it means from
settled precedents, there must be no
departure. Consequently, cases already
settled are meant to serve as precedents for
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like cases where the facts and the law

involved are similar.
Obiter Dicta vs. Judicial Dicta
Obiter Dicta - A remark made, or opinion
expressed, by a judge, in his decision upon a
cause, incidentally or collaterally, and not
directly upon the question before him, or
upon a point not involved in the
determination of the cause, is an obiter
dictum and as such it lacks the force of an
adjudication and is not to be regarded as
such.

remands the case to the lower court for

further proceedings, the question there
settled becomes the law of the case upon
subsequent appeal.
Decision vs. Judgment
Decision - The adjudication or settlement of a
controversy by a court of law. It goes into the
roots of the controversy, makes a searching
examination of the facts and issues of the
case, applies the law and considers the
evidence presented, and finally determines
the rights of the parties.

Judicial Dicta - conclusions that have been

briefed, argued, and given full consideration
even though admittedly unnecessary to
decision.

Judgement - adjudication by the court that

the accused is guilty or not guilty of the
offense charged and the imposition on him of
the proper penalty and civil liability, if any.

Res Judicata v. Law of the Case

Module 4:

Res Judicata - means matter adjudged; a

thing judicially acted upon or decided; a thing
or matter settled by judgment.

I.

The purpose of the doctrine is two-fold to

prevent unnecessary proceedings involving
expenses to the parties and wastage of the
courts time which could be used by others;
and to avoid stale litigations as well as to
enable the defendant to know the extent of
the claims being made arising out of the same
single incident.
Elements of Res Judicata:
1. There must be a final judgment or
order
2. The court rendering it must have
jurisdiction over the subject matter
and the parties
3. It must be a judgment or order on the
merits
4. There must be, between the two
cases, identity of parties, subject
matter and causes of action.
Law of the Case has been defined as the
opinion delivered on a former appeal. It is a
term applied to an established rule that when
an appellate court passes on a question and

II.

Stages of Legal Writing (2):

1. Pre work
a. Establishing where the
legal dispute lies on the
case.
b. Discovering the relevant
facts
c. Knowing the laws or rules
that apply to it.
d. Identifying the issue or
issues that you would
address.
e. Roughing out the
arguments.
2. Write Up This is the stage where
you will make your pre work be
done in an outlines, draft of the
paper that is required. (e.g.
pleading, legal opinion, petition,
comment, memorandum,
position paper, or decision).
Editing and rewriting also done in
this stage.
Legal Dispute vs. Legal Issue

Legal Dispute when one party complains of

a violation of his right by another who, on the
other hand, denies such violation.
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Legal Issue recast in the format of an issue,

provides the principal issue in every case.
Module 6: The Facts
A. Random Notes vs. Summary
Random Notes make short random of the
facts of the case that be considered
important.
Summary compressing the information; it
serves as a detailed map; able to guide in you
in negotiating your way through the dispute
involved.
B. Facts seen through the issue
Getting the relevant facts that will directly
address to the controlling issue of the case.
Omit the unnecessary facts
C. Cluttered Facts:
Also called as storytelling, it fills with details
that is not connected to the principal issue of
the case.
D. Relevant Facts
In writing pleading, pick up the relevant facts
that are connected to the principal issue. The
relevant facts shall follow proper order to
clearly see how each facts connects with
others.
Module 7: The Issues
A. Issues in Multiple Legal Disputes
A lawsuit could involve multiple legal
disputes, called multiple principal issues.
This is true especially in civil cases where
there are many legal disputes.
Multiple legal disputes could converge into
one controlling issue. Controlling issue covers
the entire issue of the case, and used by the
judge in rendering judgment.
B. Subordinate Controlling Issues
The resolution of the principal issue in a case
depends on how a subordinate issue raised in
connection with it is resolved.

C. Relevant vs. Irrelevant Issues

Relevant Issues issues that determine the
outcome of the legal dispute.
Irrelevant issues have no value in a case
even if they are debated and resolved since
they are of no consequence to the outcome of
the legal dispute.
D. Factual vs. Legal Issues
Factual Issues when the contending parties
cannot agree that a thing exists or has actually
happened.
Legal Issues when the contending parties
assume a thing exists or has actually
happened but disagree on its legal
significance or effect on their rights.
E. Correct Statement of the Issues (6)
1. Used the introductory words whether or
not, because it automatically incorporate the
opposing views, the positive and the negative,
into one statement of the issue. IT makes fair
statement of the issue.
2. The issue shall be in the view of the
petitioners because he/she always bears the
burden of proving the affirmative of his or her
claims.
3. The statement of the issue must be fair, not
slanted in favour of the party.
4. The statement of the issue should also be
comprehensive.
5. The statement of the issue must be specific
and clear.
6. The statement of the issue must capture
the essence of the specific violation of right
that he defendant committed.
F. Threshold Issues:
Threshold issues are those that could slam
the door to any judicial consideration of the
case on its merits.
Module 8: The Laws/Arguments
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A. Anatomy of a Legal Argument

Argument is a reason you offer to prove
your thesis or proposition.
Classic Categorical Syllogism The conclusion
follows the premises.

Major Premise is a statement of a

generally accepted rule or truth.
Minor Premise is a statement that
brings a particular thing or individual
within the class or situation covered
by the generally accepted rule or
truth.
Conclusion is a statement follows
after the major and minor premises,
deducing that the generally accepted
rule or truth applies to the particular
thing or individual.

Arguments that Build Up

1. The favourable testimony comes from a
credible witness.
2. The partys version is inherently credible
and consistent with common experience.
3. All the elements or requisites of a valid
claim or defense have been proved.
Arguments that Destroy
1. The argument raised is irrelevant.
2. The argument has little weight given the
other considerations in the case.
3. The argument is baseless.
4. The argument is contrary to common
experience.
5. The argument is inconsistent with
undeniable facts.
6. The argument is inconsistent with a prior
claim
Statement of the case to provide a clear and
concise statement of the nature of the action,
a summary of the proceedings so far had, any
challenged order or decision issued in the

case, and other matters necessary to an

understanding of the controversy.
Three Statements of an Argument
1. Rule Statement applies to a given fact or
set of facts
2. Case Statement opens up such case or
closes it to the application of the rule.
3. Conclusion Statement rule applies or does
not apply to the particular case.
Logical Reasoning
Reasoning is the process of drawing
conclusions from facts or evidence.
Four modes of logical reasoning:
1. Rule Based Reasoning The conclusion
based by analysing and applying the law, rule
or legal principle.
2. Analogical Reasoning
2.1 Arguing from precedent The
conclusion reached by showing similarities
between the case decided by the Supreme
Court and the case of the client.
2.2 Argument of the same application
showing similarities that if the law applies to
one area, it may be understood to apply to
other similar areas.
2.2.a Mutatis Mutandis This
happens when multiple situations having
multiple variables where some variables
remain constant, while others are allowed to
be changed.
2.3 Argument using common sense analogy
it may be used by starting with something
that everyone accepts.
3. Policy Based Reasoning reaches
conclusion by connecting the facts of the case
to the states existing policy.
4. Narrative Based Reasoning reasoning
conclusion by telling a story.

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Module 9: ABCs of Legal Writing

Three Qualities of effective decision writing:
1. Accuracy requires a judge to set forth the
facts and law with honesty, candor, and
specificity. A decision is Accuracy when it
conforms to the facts, laws, and
jurisprudence.
2. Brevity putting only so much as needed
into ones decision writing.
3. Clarity is defined a clearness, directness,
orderliness, and precision of thought or
expression.

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