Syllabus in Legal Writing Second Semester, Academic Year 2010-2011 Students Name: ___________________________________ I.D. No.

____________________ Class Days: ___________ Section: _________

Time and Room: _____________

PROFESSOR: Atty. Anna Christina S. Arias-Sumilong Chairperson, Department of Legal Management San Beda College 2nd Floor, St. Anselms Building Consultation Hours: Saturdays, 9:30 a.m. (by appointment) Office No. 7356011 local 5320 E-mail: acsumilong@sanbeda.edu.ph kitchie_acs@yahoo.com facebook.com/kitchie.ariassumilong TEACHING PHILOSOPHY AND OBJECTIVES: As a teacher, my goal is to motivate students to learn and dedicate best efforts to classroom work. Through active participation in classroom discussions, students will hopefully rise up from the sea of mediocrity, utilize their abilities and strive to constantly improve. The Benedictine core values of ora et labora (prayer and work), study, community and the pursuit of peace are at the heart of each lesson and activity. It is hoped that each student in class develops the following by the end of each term: 1) 2) 3) 4) 5) 6) 7) Working knowledge of the subject matter; Improved oral and written communication skills; Creativity, developed analytical skills, independent-mindedness and self-expression; Work ethic and commitment to excellence; Open-mindedness, humility and willingness to learn new things for constant self-improvement; A sense of social responsibility; and Heightened appreciation and acceptance of ones uniqueness which translates to respect and empathy for others.

Course Outline: I. Importance of legal writing in the practice of law II. Review of basic legal research principles a. Identifying relevant facts and issues b. Rules of citation and bibliography c. Plagiarism III. Grammar and writing style a. The personalities of a writer b. Parts of speech c. Punctuation IV. Preparing basic legal documents a. Letters b. Legal opinion c. Contracts d. Brief, reply and memorandum of appeal d. Decision writing COURSE CALENDAR November 6 (merged class: 10:00-12:00 noon, Conference Hall) DISCUSSION: 1. Importance of Legal Writing in the Practice of Law (Question for Reflection: Why is Legal Writing the most important subject in law school?) 20 minutes 2. Why do you want to be a lawyer? 30 minutes 3. Basic Principles of Legal Research (the extent of material a lawyer will work with) 40 minutes EXERCISE 1: The Personalities of a Writer (include editing) 30 minutes November 13 DISCUSSION: Identifying relevant facts and issues (of fact and law) and the appropriate legal research strategy ACTIVITY 1: Analyzing Facts and Drafting Issue Statements (per group)

December 4 ACTIVITY 2: Reading on the importance of legal writing to be followed by discussion of reactions/open forum EXERCISE 2: Grammar Diagnostic Test January 8, 2011 ACTIVITY 3: Group Presentation (Analyzing Facts and Drafting Issue Statements) January 15 DISCUSSION: (in preparation for midterm examinations) 1. The legal argument template 2. Answering legal questions
MIDTERM PROJECT Legal Research: Gathering Facts and Formulating a Legal Opinion Consider the following scenario for this assignment: You are a veteran lawyer, law professor and newspaper columnist who is outraged at the recent plagiarism brouhaha involving the Supreme Court. You intend to prepare a position paper regarding the Courts decision in A.M. No. 10-7-17-SC promulgated in October 12, 2010. Your project: Research and prepare the facts of the case. Choose a side. State the issues of the case and your legal opinion. Cite all your sources. Criteria for Grading: Grammar 20% Narration of Facts 40% Logic/Arguments 30% Bibiliography 10% Submission: February 4, 2011, 5:00 p.m. Deans Office, College of Law *NOTE: This project is 10% of your final grade.

January 21 DISCUSSION: Letter Writing ACTIVITY 4: Exercise per group Assignment 1: Letters, Facts and Opinions (Submission: February 12, 2011, 5:00p.m. at the Deans Office, College of Law) Criteria for Grading: Grammar/English 5 points Logical flow of the letter 5 points Correct Letter format 5 points Content (based on the given facts) 5 points Total 20 points January 28-30 Pista ng Sto. Nino at Frolics February 5 DISCUSSION: Review of Legal Research and Citation Rules EXERCISE 3: Legal Research Diagnostic Test Note: In preparation for Activity 3, students will be instructed to obtain sample legal documents (i.e., complaint, pleading, affidavit, motion) and bring them to class the following meeting. February 12 ACTIVITY 3: 30-minute Group discussion on sample legal documents (each group to prepare observations) DISCUSSION: Answers to Diagnostic Test Assignment 2: The Legal Opinion

A LOVE STORY GONE AWRY Rose and Jack have been married for five years. They have a three-year old daughter, Hannah, who is already goes an exclusive Montessori school in Greenhills. Rose is the Vice-President for Finance in the Quezon City branch of a multinational bank, while Jack works as a team leader in a legal transcription firm based in Makati. Unknown to Rose, Jack has renewed his ties with an ex-girlfriend named Tisha. While Jack remains to be a doting father and caring husband to his wife, a part of him yearns for his ex-girlfriends (and good friends) carefree yet sensitive attitude. He feels that Rose is too engrossed with her work at the bank. He is unable to share his thoughts and aspirations with his wife; Tisha, on the other hand, is always ready to listen to him and never fails to lift up his spirits, particularly when he has issues regarding his work. Rose is a driven and ambitious lady. After finishing her masters degree in business administration at the University of the Philippines three years before, she was immediately promoted to her present position. She has already been considered for a CEO position in the bank and is also being wooed by three other multinational companies. She carries herself well, with dignity and pride, and naturally, her taste in fashion is impeccable. She wants nothing but the best for her daughter and husband when it comes to material possessions; after all, she can afford to give the best to them. Jack however is always quick to point out that there are more practical, cheaper brands to choose from. The couple end up quarreling over Roses expensive purchases.

Jack leaves his cell phone in the family car on a day he was supposed to meet with Tisha for coffee at Starbucks after work. The car is parked at home and the phone rings just as Rose opens the car door. She picks up the phone when she sees a womans name register, and answers. Tisha, taken aback by a womans voice, hurriedly hangs up. Rose confronts Jack when he gets home three hours later. They argue, and a tearful Rose soon becomes violent. She demands for a divorce. She quickly packs her things and leaves. Three days later, she is on her way to Texas to stay with relatives. Assume that the law firm you work for is contacted by Roses parents. They ask the partners of the firm for legal advice regarding the following: a) b) c) d) Whether the divorce decree Rose plans to get in Texas is legal; Whether they can get custody of their granddaughter; Whether they can be compelled to provide support to their granddaughter in place of Rose, since she is out of the country; and The likely outcome of the petition for annulment that they hear Jack plans to file.

As the handling lawyer, you are tasked to prepare the legal opinion on the matter. Work only with the given facts. Cite the applicable laws and jurisprudence to support your contentions. Criteria for grading: Narration of facts: 30% Legal basis (cases) and bibliography: 30% Issue statements: 10% Logic and flow of arguments: 30%

Submission: February 18, 5:00 p.m., College of Law Deans Office *Schedule for February 19 onwards to follow Grading system: Activities Assignments Midterm Project Final Paper 30% 30% 10% 30% 100%