LEGAL WRITING II

Some say that the ability to write is a natural gift that is not available to all. This might be
true. But the fact that you have gotten this far in your studies gives you the right to assume
that you have the gift to write. All you have to do now is improve on your gift.”
Associate Justice Roberto Abad

Principal Reference:
Abad, Roberto A., Fundamentals of Legal Writing, 2009.

Secondary References:
Bauzon, Prisciliano T., Logic for Filipinos, 3rd Edition.
Dean Tabucanon, Gil Marvel P., Legal Writing: A Competency Based Approach, 2010.
E.B., White, William Strunk, Jr., The Elements of Style, 4th Edition, 1999.
Ateneo Law Journal, Legal Citation Guide (2011), or The Bluebook: A Uniform System of
Citation.
Philippine Judicial Academy, Fundamentals of Decision Writing for Judges, 2009.
Supreme Court of the Philippines, Manual of Judicial Writing.

I. Course Description/Objectives

A course in legal writing technique. It involves application of basic legal research and legal
bibliography, case reporting, case analysis, problem solving, legal reasoning, critical
writing, and legal terminology. Students are assigned conflicting decisions, legal
problems, and hypothetical cases.

The course is designed to introduce the students to the broad range of legal writing from
the viewpoint of the law student, client, professor, lawyer, and judge. In the end of the
course, the students are expected to learn how to present ideas clearly, concisely, and
accurately.

II. Course Outline

Module Topic Readings

1 Introduction to the Course “What is ‘Good Legal Writing’ and Why
Does it Matter?” by Mark K. Osbeck, 4
a. Importance of Legal Writing DLR 417, pp. 417-422

b. Review of Rules of Grammar “Elements of Style” by Strunk, W., Jr.

and White, E.B., 4th Edition

Fundamentals of Decision Writing, pp.

122-130

2 Doctrines Fundamentals of Decision Writing, pp.

7-32; 109-121
a. Definition and source of case law Manual of Judicial Writing, pp.2-8; 35-
b. Doctrine of stare decisis 38
c. Object of the doctrine
d. Necessity of adherence to the doctrine
e. Test as to authority of decision as precedent
f. Concept of obiter dicta
g. Parts of a decision
h. Headnotes or syllabus
i. Opinion vs. Decision
j. Decision vs. Judgment
 k. Kinds of Opinion

3 Legal Writing Tabucanon, pp. 1-5

a. Definition and types of legal writing

b. Broad categories of legal writing (Legal analysis
and legal drafting)
c. Definition of terms

4 I. Stages of Legal Writing Abad, pp. 1-12

II. Importance of drafting an outline

III. The Legal Dispute vs. Legal Issue

5 Matters of Style: Tabucanon, pp. 125-165
Manual of Judicial Writing, pp. 1-26,
Numbers, Punctuations, Capitalization, etc…. 38-53
Fundamentals, pp. 122-137

6 IV. The Facts Abad, pp. 13-46

a. Random Notes vs. Summary

b. Facts seen through issue
c. Cluttered facts
d. Relevant facts
e. Facts set in sequence
7 The Issues Abad, pp. 54-69, 94-120

a. Issues in multiple legal disputes

b. Subordinate controlling issues
c. Relevant vs. irrelevant issues
d. Factual vs. legal issues
e. Correct statement of the issues
f. Threshold issue
g. Introducing the issues

8 The Laws/Arguments Abad, pp. 47-53, 70-93, 121-148

Fundamentals of Decision Writing, pp.
a. Sources of Law/Facts reexamined 61-69; 93-114
b. Balanced presentation Rule 44, Sections 13-14
c. Anatomy of a legal argument
d. Creative thinking
e. Arguments that build up
f. Arguments that destroy
g. Logical Reasoning/Legal Arguments/ legal
reasoning (get source)
h. Structuring Arguments
i. Models of Argumentation (Classic, Toulmin,
Rogerian)
j. Modes of Legal Reasoning (Rule-based, Tabucanon, pp. 27-32
Analogical, Policy-based, Narrative reasoning)
k. Fallacies
Logic for Filipinos, 191-211
9 I. ABC’s of Legal Writing Abad, pp. 149-190
Fundamentals of Decision Writing, pp.
(framing issues that immediately capture the 33-48
reader’s attention, cutting the verbosity that wastes Osbeck, pp. 423-440
readers’ time, achieving the continuity that lets Tabucanon, pp. 6-26, 54-62
your arguments flow naturally, composing your
writing projects most efficiently, and quoting

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 authority more effectively)

II. Legalese Writing

Abad, pp. 191-208
Tabucanon, pp. 63-86
10 I. Different types of Legal Correspondence Abad, pp. 209-219
a. Office Memorandum Tabucanon, pp. 87-100
b. Demand Letter
c. Legal Opinion Letter (to a client)

11 Importance of Editing and Revising The Writing Process: Drafting, Revising,

and Editing by the Fountainhead Press

12 Introduction to Legal Bibliography Tabucanon, pp. 166-168

a. Scope of the study of legal bibliography Ateneo Law Journal, Legal Citation
b. Importance of legal bibliography Guide (2011)

13 Rule on Citations In the Matter of the Charges of

Plagiarism Plagiarism, etc., Against Associate
Quotations Justice Mariano C. Del Castillo, A.M.
No. 10-7-17-SC, February 8, 2011
Vinuya v. Romulo, G.R. No. 162230,
April 28, 2010
Rule 10 of Code of Professional
Responsibility
Manual of Judicial Writing, 26-31, 54-
73

14 Writing a Complaint Rule 6, Sections 1-3

Rule 7
Pleadings, Parts of a Pleading, Manner of Making Rule 8
Allegations in a Pleading, Effect of Failure to Plead Rule 9
Rule 110, Sections 1-12,15
Tabucanon, pp. 101-124

III. Course Requirements and Grading System

Class Recitations 20%

Quizzes 20%
Office Memorandum, Legal Opinion,
Demand Letter, etc… 35%
Complaint 25%

IV. Course Policies

1. All assignments are mandatory and must be turned in on time. All assignments must
turned in:

(1) via email no later than 2:00 p.m. on the due date to the following email address:
nashmyleenmarohomsalic_law@yahoo.com; AND

(2) by submitting a hard a copy to the Administrative Office of the College of Law no
later than 5:00 p.m. on the due date. Assignments must be attached as a word
document in a format compatible with Microsoft Word 2010 with the filename:
LastName_Module_Type.doc (Marohomsalic_1_Complaint.doc).

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2. Academic Honesty: all work is expected to be the student’s own original work.

3. “Collaboration on assignments is strictly prohibited unless explicitly permitted by the

instructor. When collaboration is permitted, students must acknowledge all
collaborations and its extent in all submitted work.”