• Affidavit-It is a sworn certification or a written statement of facts by someone who has sworn to

tell the truth, signed in the presence of a notary public or other legal authority, and can be used as
evidence in the courts
It is a written statement filed by an affiant as evidence in a court case. In order to be admissible,
affidavits must be notarized by a notary public.

• Parts of Affidavit

a) The affidavit starts with a heading.

The heading may be made of a case heading if the affidavit is for an open case,
or it may simply say “Affidavit of [your name]” if you do not have an open case but need to swear to
something. The case heading includes the court your case is being heard in, the case number, and the
names of the plaintiffs and defendants. After the case heading or general title, the county and state
where you will sign the affidavit will be listed.The very first section contains your name in a sentence
that generally states, “Before me comes [your name], whose residence is [address, including city,
county, and state], and hereby swears to the following facts under penalty of perjury.” Depending on
who drafted the affidavit, that sentence may vary in wording, but it will always state that you, the
affiant, swear that the following account of events is true and correct to the best of your knowledge.The
following paragraphs usually each contain one fact. After the facts are laid out, the affidavit usually
contains the words, “Further Affiant Sayeth Naught.” This means that you have said all you have to say
on the matter.

b) Next come the signature lines and notary section.

When you sign the affidavit, you are swearing that the facts in the document are true and
correct. You are also swearing that the facts are true and correct when the notary signs the notary
section.
Components of Affidavit:
a) Commencement: This is the beginning of the document where the affiant or the person making the
affidavit is identified.
b) Averments: Also known as affirmations, these include a list of all the claims that are being made by
the affiant.
c) Statement of Truth: A statement of truth is what states that everything that is mentioned in the
affidavit is true. A statement of truth may be something like this: I solemnly swear that the
aforementioned are true and correct to the best of my knowledge and belief.
d) Attestation Clause: This is the portion where the oath made by the affiant is certified. It also
consists of the date.
e) Signatures: This is the last portion of the document that includes the signature of the affiant, as well
as that of the witness(es).
• A. Acknowledgment is type of judicial notarization. The purpose of an acknowledgement is for an
affiant, whose identity has been verified, to declare to a notary public that he or she has willingly
signed an affidavit.
An acknowledgment requires the following steps:
• The signer must physically appear before you.
• You as the notary must positively identify the signer according to your state’s rules.
• The signer may either sign the document before appearing before you, or in your presence.
• The signer must declare (acknowledge) signing the document for its intended purpose.
Unlike jurats, an acknowledgment does not need to be signed in the presence of a notary. However, the
affiant does need to swear or affirm that they signed under their own free will.

It is highly recommended that any document that requires a notary seal be signed in front of the notary
public to avoid any unnecessary mistakes or delays.

B. A jurat is another type of judicial notarization.The purpose of a jurat is for an affiant to swear to or
affirm the truthfulness of the contents of an affidavit. A notary public administers an oath or affirmation
to the affiant, who verifies the truths listed in the affidavit under penalty of perjury.

A jurat requires the following steps:

• The signer must appear in person before you and sign the document in your presence.
• In some states, you are required to positively identify the signer.
• You must administer a spoken oath or an affirmation, and the signer must respond out loud. Silent
answers such as a nod of the head are not acceptable.
Unlike a notary acknowledgement, where the affidavit may be signed ahead of time and without a
notary public present, a jurat requires the affiant reaffirm their oath by signing the document in front of
the notary.

• A legal opinion is a lawful statement written by court judge, judicial officer, or legal expert.
Decision on an action, condition, or intent being within the law. Also refer to opinion of counsel
It is also called an opinion letter. An opinion from lawyers issued in letter form expressing legal
conclusions about and/or legal analysis of a transaction or matter which is relied on by the addressee of
the opinion. The main purposes of a legal opinion are:
To inform the addressee of the legal effect of a transaction or matter.
To identify legal risks that the addressee should consider further and evaluate.
For example, in a cross-border transaction, a legal opinion may be obtained from lawyers in a foreign
jurisdiction opining on whether a transaction document is valid and enforceable in that jurisdiction and
complies with local law.
A legal opinion is not a substitute for legal advice which, in a transactional context, is likely to be more
extensive.
Purpose:
To satisfy contractual agreements: This is common when the opinion letter is issued for among other
occasions, to an investor concerning the sale of securities
Lawfulness of an action: Opinion letters are given when you want to know if an action is lawful or if
the action will lead to desired legal consequences.
Answer questions: They also address the question raised by other professional. They, therefore,
provide an authoritative basis for reports, opinions, and reports on matters where other professionals
lack the professional capability to make judgments.
To satisfy regulatory requirements

• Parts of Legal opinion

a) Statement of the facts:
The facts are the answers to the client’s questions. The facts should answer the questions with a ‘yes’ or
‘no.’ Any fact that has not been supplied should not be included in the narration. However, any natural
interface or presumption you have made from the facts must be included. Do not forget to mention that
the interface or presumptions are your personal opinions.
b) Analysis: For an easy analysis, first set out the provision of the law and the law itself. After that,
summarize the jurisdiction of the High Court or the Supreme Court over the issue at hand. Cite all the
extracts. For an ultimate opinion, chose precise extracts on which to base your judgment. The analysis
should include conditions necessary for a positive or negative answer. Besides, advise the client on
steps to take when they find themselves in similar situations again. At this point, indicate to your client
where they stand in regards to the law applicable. To simplify the analysis process, number all previous
paragraphs. This will relieve you of the burden of repeating previously written information.
c) Answer the query: To answer the query, you will rely on the fact and analysis sections. The answers
should be either ‘yes’ or ‘no’. However, when the monosyllabic answers cannot apply, keep the
answers short and to the point.
Usual disclaimers: Disclaimers can save you from being reported for malpractice if your opinion is
wrong. Under the disclaimer, write that the opinions provided are based on the law as per the time of
drafting the opinion. Moreover, indicate that the opinion is also based on the documents and facts
provided. List all the documents that the clients provided for the sake of drafting the legal opinion.
The common functional parts of a legal opinion are the facts, issue/s, law or legal analysis and the
conclusion.

Step 1. Initiatory pleading.

What is initiatory pleading?
Court will see if there is a verification and certification against forum shopping(only in initiatory
pleading).
If there is none attached by the plaintiff, case may be dismissed.
Defendant may file a motion to dismiss.
No other cases filed with the same subject and the same person.

What is Verification and certification against forum shopping?

Step 2. Merit of the case.
Monetary claim in labor cases ( with perscription period)
(Complainant files a motion for reconsideration)
facts
issues
(need not to have a very lengthy pleading but clear and convincing)
condition senequanon ( prerequisite)
when you appeal cases usually file motion for reconsideration.
Motion for reconsideration:
When you think that the judge misapplied the laws
When it is prerequisite or mandatory

Pleading to court
Legal Opinion to client
Cite the law, jurisprudence, and the sources