Background facts Background law Analysis I. Explaining Background Facts and Legal Doctrines key words are briefly and background Things to avoid: 1. Summaries of the various precedents in the doctrinal line Your job is to synthesize the precedents, not to describe each one.
DONT In A v. B, this-and-such happened. The Court ruled for A. Then in C v. D, the facts were this- and-such. The court ruled for D. 2. Mini-treatises that go beyond whats needed to set the stage for your proof. DO give the reader the necessary legal and factual framework DONT describe all the law and all the facts that youll later use, only that which is helfpul
..out up front. Comment: These two points relate to using only the information that is relevant to your thesis. Ask, How does this information help the reader understand my topic and thesis? II. The Proof of Your Claim Tips: 1. Prove your point on both the doctrinal and the policy levels Dont just show that your proposal fits the case law Persuade the reader that its practically and morally sound Show that your proposal makes practical sense as well as logical sense, that it fits with the policy as well as with the doctrine. 2. Be concrete Illustrate your theoretical arguments with concrete examples, drawn from real cases or
from realistic hypos. This will make your point clearer to your readers 3. Focus on your arguments, not the other sides DONT write: Some people say that Pres. Aquino should not be held liable following the declaration of unconstitutionality of some of the provisions of the Disbursement Acceleration Program under the doctrine of operative fact. This doctrine states states that Instead, write, The doctrine of operative fact as enunciated in the case of _________cannot be used to exculpate the President of the country from liability Comment: The writing is much sharper, clearer, and more persuasive. Arguments become confused and confusing when the following formula is used: Bob said this and here is why Bob is wrong. Charlie said that and here is why Charlie is wrong. Use can use Bob and Charlies name in the footnotes.
III. Conclusion Restates your thesis, summarizes your major points, and reminds the reader why your issue and thesis is important. Does not include your recommendations or solution section-should constitute a separate section.
CITATION A. When to cite 1) You must cite every time you refer to, paraphrase, or quote from a law or another persons work. 2) When you cite to a law, always cite to the primary source (law, regulation, or case that is the origin of the rule).
Ex. Do not write that the passage of a divorce law in the Philippines would strengthen the policy values being promoted in the Magna Carta of Women or RA 9710 and then cite to a law review article. Remember: Cite to the law first, and if you want to include a secondary source that discusses the law, then do that second. B. How to Cite: You may use any citation style you are most comfortable with but please indicate in your paper the citation style you used so I could ascertain whether you have applied it correctly or not. Recommended: THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION THE PHILIPPINE LEGAL CITATION (Milagros Santos- Ong, Legal Research and Legal Citations for the Philippines