LEGAL WRITING

Midterm Examination

I.
Enumerate the parts of an opinion letter. (4pts)

II. Definition: (5pts)

a. Pleadings
b. Motions
c. Legalese
d. Fallacy
e. Persuasion

III.
Distinguish “Simplicity” from “Clarity” in writing legal documents.(3pts)

IV.
Enumerate the modes of legal reasoning. (4pts)

V.
Under the 2004 Rules on Notarial Practice, what may be used to satisfy the requirement
of “competent evidence of identity”? (2pts)

A. Passport, Senior Citizen card

B. Police Clearance, credit card
C. Voter’s ID, Driver’s license
D. Private office ID, PhilHealth card
E. All of the above

VI.
Ms. Seller and Mr.Buyer presented to a commissioned notary public a deed of sale for
notarization. The notary public explained to them the transaction the deed embodies and
asked them if they were freely entering the transaction. After the document was signed by
all the parties, the notary public collected the notarial fee but did not issue any BIR-
registered receipt.

The notarization of the deed is ______.(2pts)

A. neither unlawful nor improper because he explained the basis for the
computation of the notarial fee;
B. unlawful because he did not issue BIR-registered receipt and did not post in his
office the complete schedule of chargeable notarial fees;
C. proper because he is not required to issue receipts for notarial fees;
D. improper because he did not ask Ms.Seller and Mr.Buyer if they needed a
receipt;
E. proper because any irregularity in the payment of the notarial fees does not affect
the validity of the notarization.

VII.
When lawyers teach law, are they engaged in the practice of law? 5pts

VIII.
Atty. S notarized a deed of sale but first suggested to the parties that he will antedate the
notarization since his Notarial Commission has already expired. However, the parties
insisted that it should be notarized on the date it was executed to avoid penalties by the
BIR for late payment of capital gains tax. Is Atty. S administratively liable?10pts.
 IX.
After the SC suspended Atty. B from the practice of law for notarial violations, the CHR
En Banc issued a resolution suspending him as a Director of the CHR for want of
Eligibility in the meantime that his authority to practice law is suspended. Atty. B argued
that he cannot be suspended for acts not connected with his functions as CHR Regional.
According to Atty.B, his suspension from the practice of law did not include his
suspension from public office. Is he correct? 10pts.

X.
Can a lawyer be suspended from the practice of law for violating Notarial Rules?5pts.

XI.
Is it required at all times that the notary public ask for evidence of identity? 5pts.

XII.
Draft a sample notice of hearing. 5pts.

XIII.
X filed a petition for disbarment against Atty. J for violation of the Notarial Rules for
notarizing a document in which X was a party, at a time when X was not present. What if
X is not present but only that she was not personally known to Atty.J and had no
identification available, should administrative liability still attach to Atty.J? 10pts.

XIV.
Your services as a lawyer are engaged by John Dizon to defend him from the charges of
malversation of public funds before the Sandigan Bayan. John confessed to you that he
actually misappropriated the amount charged but she said it was out of extreme necessity
to pay for the emergency operation of his wife. Will you agree to defend him? State your
reason. 10pts.

XV.
Is a lawyer (a) always a notary public; or (b) is a notary public always a lawyer? Explain.
5pts.

XVI.
Atty. Asilo, a lawyer and a notary public, notarized a document already prepared by
spouses Roger and Luisa when they approached him. It stated in the document that Roger
and and Luisa formally agreed to live separately from each other and either one can have
a live-in partner with full consent of the other. What is the liability of Atty. Asilo if any?
(5%).

XVII.
You had, taken your oath as a lawyer. The secretary to the president of a big university
offered to get you as the official notary public of the school. She explained that, a lot of
their student lost their identification card and is required to secure an affidavit of loss
before they can issue a new one. She claimed that it will be lucrative for you as more than
30 students lost their identification cards every month. However the secretary wants you
to give half of your earning to the secretary of the school. Will you agree to the
arrangement? 10pts.

BONUS: Give three instance of forum shopping? 5pts.

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