credibility in Court when presented as evidence of someones knowledge on the issue at hand. LEGAL FORMS USED IN POLICE WORK Affidavit Sworn Statement / Sinumpaang Salaysay Complaint Judicial Affidavit Information Police Investigation Report AFFIDAVIT An affidavit is a formal sworn statement of fact, signed by the declarant (who is called the affiant or deponent) and witnessed (as to the veracity of the affiant's signature) by a taker of oaths, such as a notary public. The name is Medieval Latin for "He has declared upon oath". PARTS OF AN AFFIDAVIT Venue Title Personal circumstances Statement of Facts Signature of the affiant Jurat WRITING THE STATEMENT
Describe the facts in a numbered
list. You may include as many or as few facts in an affidavit as necessary.
Use the first person. For example: "I am
the owner of Jane Doe Salon, located in Bauang, La Union." State each fact in a separate paragraph. Each paragraph of the affidavit should include one fact or a small number of facts if one cannot be stated alone.
Number your paragraphs. This will make it
easier to read and reference in Court or in other documents. Describe each fact clearly and concisely, providing names, dates, addresses, and other supporting information as needed.
Use only first-hand information that you
can personally verify; do not use speculation or information that you've heard from someone else. Refer to supporting documents, or photographs, which can be attached to the affidavit, and attach them. For example, if describing a photograph in the affidavit, state that a copy of the photograph is attached and marked as "Exhibit A" or Exhibit 1. Then write "Exhibit A" or Exhibit 1 on a copy of the photograph and staple it to the completed affidavit. Exhibits may be lettered or numbered and should be labeled according to the order in which they are mentioned in the affidavit. STATEMENT OF TRUTH Make a clear statement that the affidavit is a complete representation of the facts to which the affiant is swearing. This assures readers that the affidavit is not a partial statement and that it includes all of the information the affiant has on the subject. That I hereby attest to the truth of the foregoing and that this affidavit was executed voluntarily for purposes of SIGNATURE OF AFFIANT JURAT The certification that the affiant appeared before the notary, swore to the above statements, and showed legal identification. The affidavit must be signed by the affiant in front of the notary and include the notary's signature and stamp.
Derived from jurare, Latin for to swear.
SWORN STATEMENT A sworn declaration (also called a sworn statement or a statement under penalty of perjury) is a document that recites facts pertinent to a legal proceeding. It is very similar to an affidavit, but unlike an affidavit, it is not witnessed and sealed by an official such as a notary public. At the end of the sworn written declaration, the declarant will write a separate endorsement paragraph using a phrase such as: "I declare under penalty of perjury that the aforementioned is true." COMPLAINT AFFIDAVIT A complaint affidavit is a sworn statement prepared by someone who wishes to file a legal complaint. Such statements are filed when people wish to file suit against someone for a violation of civil law and they can also be involved in criminal cases, when a victim files a formal complaint with the assistance of law enforcement. The complaint affidavit becomes the basis for the case, providing basic information about the facts of the matter and outlining the nature of the case. This document is part of the court record maintained on the case and can be inspected by anyone reviewing the record. WHAT IS AN INQUEST? An inquest is an informal and summary investigation conducted by the public prosecutor in a criminal case involving persons ARRESTED AND DETAINED WITHOUT THE BENEFIT OF A WARRANT OF ARREST issued by the court for the purpose of determining WHETHER SAID PERSONS SHOULD REMAIN UNDER CUSTODY AND CORRESPONDINGLY CHARGED IN COURT JUDICIAL AFFIDAVIT The direct examination of a witness, which is the examination-in-chief of a witness by the party presenting him on the facts relevant to the issue, in question and answer form, subject to the usual mode of cross-examination. LEGAL WRITING The foremost aim of legal writing is to communicate.
Write in such a way that the reader
understands what you want to say.
The golden rule of writing: write to others
as you would want others to write to you. Correctness Follow Standard English. Standard English, also known as Standard Written English or SWE, is the form of English most widely accepted as being clear and proper. It is a collection of guidelines for communicating effectively. So it is not conventional to write, The rule of law follow the Court must, instead of the conventional The Court must follow the rule of law. Use plain language. "Plain" here does not mean drab or ugly. Plain language is the idiomatic and grammatical use of language that most effectively presents ideas to the reader. Your main goal is to convey your ideas with the greatest possible clarity. Plain language is conversational language; the words used on paper are the same simple and familiar words spoken within the norms of respect and civility. The writers message is caught in one passing. Obey the rules of grammar. Grammar is not a code of law but a set of conventions, a tool of communication to achieve the writers purpose. Some rules of grammar are strict.
For one, often violated is the rule that the
verb must agree in number with the subject. Plural subjects take plural verbs, singular subjects take singular verbs. It is therefore incorrect to say: Each of the defendants were [was] required to post bail.
Or, this example found in SCRA: Moreover,
the Court notes that the registry receipts were not even marked as exhibits so that it [these] may be considered as part of the records of the case. Apply the professional form and tone. Most legal writing is formal so the conventions of formal writing apply.
Hence, avoid contractions (Plaintiff hasnt
proved his case).
Avoid street talk. (The robber was put in
the slammer for ripping off a bank) Use respectful language. Our writing must conform to the basic rules of good manners.
Do not use gutter language, sarcastic or
insulting remarks Accuracy The wording must fit the thought as the glove fits the hand.
Choose the right word, not its second
cousin. Consult the dictionary or thesaurus when in doubt. Clarity Clarity means easy understanding of the writers ideas. A word, phrase, sentence or paragraph is clear when nothing prevents the reader from capturing the thought conveyed by the writer. Avoid ambiguous and vague language. A word, phrase, or sentence is ambiguous if it has more than one meaning, and the reader cannot determine which meaning is intended by the writer. Example: Common-law spouses Ramon and Flora opened an appliance store business but because of serious disagreements, they terminated their relationship. Which relationship was terminated, the common-law or the business? A word or phrase is vague if its meaning is not clear in the context.
Example: The complainants condition was
serious when he went to the prosecutors office and met the respondent. Condition is vague because we do not know what it referred to, whether it is about the complainants health, or his behavior, or his problems, or whatever. Prefer concrete words to the abstract. A concrete word appeals to any of our senses, in contrast to an abstract word which is one you can't eat or smell or measure and which cries out for exemplification. Abstract: At the police station, the victim indicated to the policeman that he was robbed. Concrete: At the police station, the victim told the policeman that he was robbed. Use specific instead of general words.
General: The victim was hit in the head with
a blunt instrument.
Specific: The victim was hit in the head with
a wooden baseball bat.
Use the names of parties.
Conciseness Be concise. Be brief. To communicate, do it with dispatch. Go direct to the point. The key words are short, fast, and direct. As Thomas Jefferson said, the most valuable of all talents is that of never using two words when one will do. Instead of submit an application, use apply; is applicable, applies; have knowledge of, know. Omit needless words. Let us heed this classic advice from Strunk and White:13 Vigorous writing is concise. A sentence should contain no unnecessary words, a paragraph no unnecessary sentences, for the same reason that a drawing should have no unnecessary lines and a machine no unnecessary parts. This requires not that the writer make all his sentences short, Simplicity Use simple words and phrases. Use familiar words Avoid legal jargon as much as possible. Organization Guide the reader with headings. Use transitions for coherence. You can have the right information in your paragraph and have it organized, but readers can still miss the "flow" of ideas. This happens when readers have difficulty in sensing how the information is related or connected to each other. The writer should move the reader from point to point, guiding him along the way. Transitions are devices that help readers in going through the paper. Transitions may be additive (furthermore, moreover, additionally), chronological or narrative (next, after, before, eventually), contrastive (but, on the other hand, however, similarly), alternative (either, or, neither, otherwise), causal (because, therefore, thus, unless, that is why, due to because of), illustrative (for example, for instance, as an illustration), repetitive (in other words, simply put, that is), or physical (on top of, under, beneath, in the middle).