LegWri- Atty.
Cayco (Finals)
3 Statements of an Argument
1. The statement of a rule that applies to a given
fact or set of facts (the rule statement)
2. The statement of a fact of a particular case that
opens up such case or closes it to the
application of the rule (the case fact statement)
3. The conclusion that the rule applies or does not
apply to the particular case (the conclusion
statement)
Rationale: the effectiveness of the argument
depends on how ably you write up each statement
of your argument into a convincing part
WRITING LEGAL OPINION
1. Ascertain the purpose for which your client
seeks your opinion
2. Do pre-work- get all facts you need for forming
legal opinion, go over materials, ascertain legal
dispute and put down in writing principal issue
3. Write-up- introduce the issues by providing
facts that are needed to understand issues
WRITING TRIAL MEMORANDA
Pre-work is indispensable to a substantial and
convincing trial memorandum; go over pleadings,
transcripts of the testimonies of the witness,
documentary exhibits. Identify legal dispute, draw
up principal issue. Outline of relevant facts
After pre-work, write up client’s memorandum
Parts:
1. A summary of the nature of the action and the
court proceedings
2. A summary of the facts of the case- the
transactions or event that brought about the
legal dispute and the lawsuit- as seen from the
opposing points of the parties
Failure to comply with the above requirements shall be
3. A statement of the relevant issues that the
sufficient ground for dismissal
parties present for resolution
4. An orderly presentation of the arguments that
Parts:
support the clients proposition
WRITING A PETITION FOR REVIEW
Petition must:
1. Clear-you need to be understood
2. Brief-you need to be understood fast; tighten
your work and make it terse to fit into the time
that your reader mentally allots to you.
3. Interesting-Convince that the court committed
grievous wrong that compels the High Court to
intervene. Strong and compelling yet respectful
language would do it since you need to
communicate a sense of control danger over the
injustice done in the case.
Final Point- Include the following in the petition:
1. Full names of the petitioner and respondent
2. An indication of the material date showing
when the client, petitioner, received the notice
of the judgment or final order or resolution
subject of the petition, when he filed a motion
for NT or MR, if he did, and when he received
notice of denial.
3. Concise statement of the matters involved in
the petition
4. Reasons or arguments he relies on for the
allowance of the petition
5. Verification of the facts stated
6. Sworn certification that petitioner has not
indulged in forum shopping signed by pet
Client is required to:
1. Pay docket and other fees
2. Attached to his petition clearly legible
duplicate original or ctc of the judgment,
final order or resolution
3. Material portions of the record to support
the petition
4. File the required number of copies
5. Submit affidavit of service
6. If represented by counsel, indicate pertinent
details of the counsel.
LegWri- Atty. Cayco (Finals)

Parties- Material Dates  Statement of the Matters

InvolvedThe Facts and the Case Question for Law
Presented Reason for Allowing the PetitionPrayer

Attachment: Verification and Certification

WRITING A DECISION

The judge makes a choice of which opposing claims he

accepts as true or correct.

He should make a clear, logical, and convincing

presentation of that decision. It requires that he lays
down:

1. The conflicting claims of the parties

2. Issues that separate them
3. Resolution of the issues
4. Adjudication of their respective rights and
liabilities