Legal Writing - Tabucanon Page 002

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“i eeee——EEE——————————_—___—__—__________ LEGAL WRITING ? ‘A. Competency-Based Approach available legal tools to support his thesis. These may be pieces of evidence offered in court, sections of the law, decisions of the Supreme Court, opinions of legal authorities on a subject. Examples: academic legal writing, motions, pleadings and argument section of the brief. 3. Functional writing is designed for a specific use or result in law. These are deeds, wills, contracts or drafts of laws and ordinances which legally bind those involved. Some specific format, ceremony or legal requirement may be present in this type of writing. This type of writing need not be analytical nor persuasive. It is enough to be accurate and complete yet understandable. Il. TWO (2) BROAD CATEGORIES OF LEGAL WRITING A. Legal Analysis 1. Predictive Analysis — A predictive document deals with a legal question in 3 ways: a. Analysis — The faets and law are analyzed and studied closely. The facts are then applied to the law (or jurisprudence), and they are interpreted according to the meaning of the law. b. Prediction — The outcome of the legal question, whether positive or negative, is predicted. ce. Recommendation — ‘The writer, based on the facts and law, gives his advice or recommenda tion as to what is the best line of action under the circumstances. Examples: opinion memorandum write? for senior partners and legal opinion letter for clients. ‘The opinion may be in favor or against" question raised by the client. Predictive documents belong to the infor mative type of legal writing.

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