LEGAL WRITING II

xxx Some say that the ability to write is a natural gift that is not available to all. This
might be true. But the fact that you have gotten this far in your studies gives you the
right to assume that you have the gift to write. All you have to do now is improve on
your gift. Associate Justice Roberto Abad
Professor: Atty. Nashmyleen A. Marohomsalic
Principal Reference:
Abad, Roberto A., Fundamentals of Legal Writing, 2009.
Secondary References:
Bauzon, Prisciliano T., Logic for Filipinos, 3rd Edition.
Dean Tabucanon, Gil Marvel P., Legal Writing: A Competency Based Approach,
2010.
E.B., White, William Strunk, Jr., The Elements of Style, 4th Edition, 1999.
Ateneo Law Journal, Legal Citation Guide (2011), or The Bluebook: A Uniform
System of Citation.
Philippine Judicial Academy, Fundamentals of Decision Writing for Judges, 2009.
Supreme Court of the Philippines, Manual of Judicial Writing.
I.

Course Description/Objectives
A course in legal writing technique. It involves application of basic legal
research and legal bibliography, case reporting, case analysis, problem
solving, legal reasoning, critical writing, and legal terminology. Students
are assigned conflicting decisions, legal problems, and hypothetical cases.
The course is designed to introduce the students to the broad range of legal
writing from the viewpoint of the law student, client, professor, lawyer,
and judge. In the end of the course, the students are expected to learn how
to present ideas clearly, concisely, and accurately.

II.

Course Outline

Module
Topic
1
Introduction to the Course
a. Importance of Legal Writing
b. Review of Rules of Grammar

Readings
What is Good Legal Writing
and Why Does it Matter? by
Mark K. Osbeck, 4 DLR 417, pp.
417-422
Elements of Style by Strunk,
W., Jr. and White, E.B., 4th
Edition
Fundamentals
of
Writing, pp. 122-130

Doctrines
a. Definition and source of case law

Decision

Fundamentals
of
Decision
Writing, pp. 7-32; 109-121
Manual of Judicial Writing, pp.2-

b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
3

Doctrine of stare decisis

8; 35-38
Object of the doctrine
Necessity of adherence to the doctrine
Test as to authority of decision as
precedent
Concept of obiter dicta
Parts of a decision
Headnotes or syllabus
Opinion vs. Decision
Decision vs. Judgment
Kinds of Opinion

Legal Writing

Tabucanon, pp. 1-5

a. Definition and types of legal writing

b. Broad categories of legal writing (Legal
analysis and legal drafting)
c. Definition of terms
4

Stages of Legal Writing

Abad, pp. 1-12

Importance of drafting an outline

The Legal Dispute vs. Legal Issue
5

Matters of Style:
Numbers, Punctuations, Capitalization, etc.

The Facts

Tabucanon, pp. 125-165

Manual of Judicial Writing, pp.
1-26, 38-53
Fundamentals, pp. 122-137
Abad, pp. 13-46

a. Random Notes vs. Summary

b. Facts seen through issue
c. Cluttered facts
d. Relevant facts
Facts set in sequence
7

The Issues
a.
b.
c.
d.
e.
f.
g.

Abad, pp. 54-69, 94-120

Issues in multiple legal disputes

Subordinate controlling issues
Relevant vs. irrelevant issues
Factual vs. legal issues
Correct statement of the issues
Threshold issue
Introducing the issues

The Laws/Arguments
a. Sources of Law/Facts reexamined
b. Balanced presentation
2

Abad, pp. 47-53, 70-93, 121-148

Fundamentals
of
Decision
Writing, pp. 61-69; 93-114
Rule 44, Sections 13-14

c.
d.
e.
f.
g.
h.
i.
j.
k.
9

Anatomy of a legal argument

Creative thinking
Arguments that build up
Arguments that destroy
Logical Reasoning/Legal Arguments/
legal reasoning (get source)
Structuring Arguments
Models of Argumentation (Classic,
Toulmin, Rogerian)
Modes of Legal Reasoning (Rule-based, Tabucanon, pp. 27-32
Analogical, Policy-based, Narrative
reasoning)
Fallacies
Logic for Filipinos, 191-211

I. ABCs of Legal Writing

Abad, pp. 149-190

Fundamentals
of
Decision
(framing issues that immediately capture Writing, pp. 33-48
the readers attention, cutting the verbosity Osbeck, pp. 423-440
that wastes readers time, achieving the Tabucanon, pp. 6-26, 54-62
continuity that lets your arguments flow
naturally, composing your writing projects
most efficiently, and quoting authority
more effectively)

II. Legalese Writing

Abad, pp. 191-208

Tabucanon, pp. 63-86
Abad, pp. 209-219
Tabucanon, pp. 87-100

10

I. Different types of Legal Correspondence

a. Office Memorandum
b. Demand Letter
c. Legal Opinion Letter (to a client)

11

Importance of Editing and Revising

The Writing Process: Drafting,

Revising, and Editing by the
Fountainhead Press

12

Introduction to Legal Bibliography

Tabucanon, pp. 166-168

a. Scope of the study of legal bibliography

b. Importance of legal bibliography
13

Rule on Citations
Plagiarism
Quotations

Ateneo Law Journal,

Citation Guide (2011)

Legal

In the Matter of the Charges of

Plagiarism,
etc.,
Against
Associate Justice Mariano C. Del
Castillo, A.M. No. 10-7-17-SC,
February 8, 2011
Vinuya v. Romulo, G.R. No.
162230, April 28, 2010
Rule 10 of Code of Professional
Responsibility
Manual of Judicial Writing, 2631, 54-73
3

14

Writing a Complaint

Rule 6, Sections 1-3

Rule 7
Pleadings, Parts of a Pleading, Manner of Rule 8
Making Allegations in a Pleading, Effect of Rule 9
Failure to Plead
Rule 110, Sections 1-12,15
Tabucanon, pp. 101-124

III.

Course Requirements and Grading System

Class Recitations
Quizzes
Office Memorandum, Legal Opinion,
Demand Letter, etc
Complaint

IV.

20%
20%
35%
25%

Course Policies
1. All assignments are mandatory and must be turned in on time. All
assignments must turned in:
(1) via email no later than 2:00 p.m. on the due date to the following
email address: nashmyleenmarohomsalic_law@yahoo.com; AND
(2) by submitting a hard a copy to the Administrative Office of the
College of Law no later than 5:00 p.m. on the due date. Assignments
must be attached as a word document in a format compatible with
Microsoft Word 2010 with the filename: LastName_Module_Type.doc
(Marohomsalic_1_Complaint.doc).
2. Academic Honesty: all work is expected to be the students own original
work.
3. Collaboration on assignments is strictly prohibited unless explicitly
permitted by the instructor. When collaboration is permitted, students
must acknowledge all collaborations and its extent in all submitted
work.