KN

LEGAL WRITING NOTES

Module VI: Pre-work Stage

Two stages:
(1) Pre-work
- establish where the legal dispute is
- Discover relevant facts
- Know the laws or rules
- Identify the issues
- Rough out your arguments
(2) Write-up

Cluttered Facts (your client will give you CF)
Relevant v. Irrelevant
- VAWC example
- Cultural heritage
- J. Abads example
Problem: you will only get this after the interview
Tip: write as much as you can without
compromising the interview

More importantly:
- Know the legal dispute as early as
possible
o W/N X us a VAWC victim
o W/N Y violates the Cultural
Heritage Act
- This is your job. Do not rely on the
clients opinion.
o Email writing

Identify the relevant facts:
- Take all info
- Go back to your notes
- How are the facts relevant to the issue
- Which pieces of information can I
disregard
- What is the series of events
- Preparatory to legal writing
(pleading, demand letter)

Know the law/rule

- Legal research sources of law
o Statutory
o Case
Get into the issues
- What is an issue
- Factual
o Contending parties cannot
agree that a thing exists or has
actually happened
- Legal
o Contending parties assume a
thing or has actually
happened but disagree on its
legal significance or effect of
their rights
- Threshold
o Motion to dismiss/Motion to
quash
- Normally, several legal
disputes/issues
o Claim
o Counter-claim
- Controlling issue v. Subordinate issue
- Relevant issue v. Irrelevant issue

How to phrase an issue
- W/N opposing views
- Plaintiff/complaint/accuser
affirmative
o Must establish claim
Except: Defendant
admits but raises a
defense
- Fair no slant for/against one party
- Comprehensive
- Specific and clear
- Essence of the violation
- Objective and fair way of writing

Example: W/N the debtor is liable to the creditor

W/N the debtor unjustly refuses to pay his debt
under P Note include human action

Roughing out of the argument structure
- a clear statement of your thesis
- arguments against your position
- argument in favor
- conclusion

Balance sheet recommended structure
Arguments against
Arguments in favor of
your position
your position


Conclusion:

The Role of Legal Logic:
Syllogism
1. Major premise
2. Minor premise
3. Conclusion

In summary:
1. Legal Dispute
2. Statement of Relevant Facts
3. Statement of Issue
4. Balance sheet of Arguments