WRITING ARGUMENT

JUMP OFF POINTS

As a rule, you need to be

launched into your
argument by some topic or
opening statement.
This is usually done in two ways:

1. You can launch your argument by

briefly stating your opponent’s
claim with the intention of defining
the area that your argument will
attempt to asail.
EXAMPLE:

• [YOUR STATEMENT OF THE OPPOSING CLAIM]

In support of their first assignment of error, petitioners contend that since
its inception in the 1970s, the club in practice has not been a corporation.
They add that it was only the respondent spouses, motivated by their own
personal agenda to make money from the club, who surreptitiously caused
its registration with the SEC. They then assert that, at any rate, the club
has already ceased to be a corporate body. Therefore, no intra-corporate
relations can arise as between the respondent spouses and the club or any
of its members. Stretching their argument further, petitioners insist that
since club is not a corporation, SEC does not have the power and authority
to inquire into the validity of the expulsion of the respondent spouses.
Example:

[Your argument]

These arguments cannot pass judicial muster. Petitioners’

attempt to impress upon this court that the club has never
been a corporation is devoid of merit. It must fail in the face
of the Commission’s explicit finding that the club was duly
registered and a certificate of incorporation was issued in its
favor.
2. You can also begin your argument by stating your thesis or
proposition, your intention being to support it with the argument that
follows.

EXAMPLE:
[STATEMENT OF YOUR THESIS]
The trial court correctly disbelieved his alibi.
[YOUR ARGUMENT]
Alibi and denial, if unsubstantiated by clear and convincing
evidence, are negative and self-serving evidence that deserve no
weight in law. They cannot be given greater evidentiary value over
a credible witness’ testimony on affirmative matters. (People vs.
Viernes)
THREE STATEMENTS OF AN ARGUMENT

A LEGAL ARGUMENT IS MADE UPOF THREE STATEMENT:

1. STATEMENT OF A RULE THAT APPLIES TO A GIVEN FACT OR SET
OF FACTS (The rule statement)
2. THE STATEMENT OF THE FACT OF A PARTICULAR CASE THAT
OPENS UP SUCH CASE OR CLOSES IT TO THE APPLICATION OF
THE RULE (The case statement)
3. THE CONCLUSION THAT THE RULE APPLIES OR DOES NO APPLY
TO THE PARTICULAR CASE (The conclusion statement)
EXAMPLE:

[THE RULE]
A woman forced to submit to a man’s sexual attack will no doubt make a loud
outcry.
[THE CASE FACT]
In this case, although the rape allegedly took place just 50 meters away from
Mario’s house, a distance that would have enable the latter to hear Julia’s shriek
for help when it happened, Mario testified that he did not hear such an outcry.
[THE CONCLUSION]
Inevitably, the conclusion os that Julia made no outcry, she having assented to
Ronal’s moves.
Persuasive Arguments

Why is awareness of the three

essential statements of your
legal argument important
when you write up that
argument?