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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.