Legal Writing Quiz

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LEGAL WRITING QUIZ

1. Proper citation
A. A Philippine history book;

Agoncillo, Teodoro A. Philippine History. Quezon City, Philippines: University of the


Philippines Press, 1990.

B. The Civil Code of the Philippines;

Civil Code of the Philippines. (1950). O cial Gazette of the Republic of the Philippines.
Retrieved from https://www.o cialgazette.gov.ph/1949/06/18/republic-act-no-386/

C. The Javellana case dealing with the issue of the 1973 Constitution;

Javellana v. Executive Secretary, G.R. No. L-36142, 50 SCRA 30 (1973)

D. The Tuvera case dealing with the publication requirement of laws;

Tanada v. Tuvera, G.R. No. L-63915, 138 SCRA 177 (1985).

E. The rst issue of the Philippine Reports;

Philippine Reports. (1901). Volume 1, Issue 1. Government Printing O ce.

F. The rst issue of the SCRA;

Supreme Court Reporter of the Philippines. (1966). Volume 1, Issue 1. Rex Bookstore.

G. The Family Code of the Philippines;

Republic of the Philippines. (1987). Family Code of the Philippines. Retrieved from
https://www.o cialgazette.gov.ph/1987/07/06/executive-order-no-209-s-1987/

H. The Revised Administrative Code of the Philippines;

Republic of the Philippines. (1987). Revised Administrative Code of the Philippines.


Retrieved from https://www.o cialgazette.gov.ph/1987/07/25/executive-order-no-292-s-1987/

2. 5 Newspaper Articles/Commentaries dealing with the issue of the Anti-Terrorism Law


and indicate how they are to be cited properly.

1. Anti-Terror Act remains dangerous and fundamentally awed.

Olano, Butch. "Anti-Terror Act remains dangerous and fundamentally awed." Amnesty
International Philippines, 16 Dec. 2021, https://www.amnesty.org.ph/2021/12/anti-terror-act-
remains-dangerous-and-fundamentally- awed/.

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2. An Examination of the Philippines' Anti-Terror Law.

Lyew, Brent H. "An Examination of the Philippines' Anti-Terror Law—Suaviter in Modo,


Fortiter in Re." Washington International Law Journal 19.1 (2010): 187-210. Accessed May 18,
2023. https://digitalcommons.law.uw.edu/wilj/vol19/iss1/8.

3. Philippines: Dangerous anti-terror law yet another setback for human rights.

Amnesty International. "Philippines: Dangerous anti-terror law yet another setback for
human rights." Amnesty International, 3 July 2020, https://www.amnesty.org/en/latest/news/
2020/07/philippines-dangerous-antiterror-law-yet-another-setback-for-human-rights/.

4. Opponents dismayed as Philippines' Duterte approves 'monstrous' anti-terror bill.

"Opponents dismayed as Philippines Duterte approves 'monstrous' anti-terror bill."


Reuters, 3 July 2020, https://www.reuters.com/article/us-philippines-security/opponents-
dismayed-as-philippines-duterte-approves-monstrous-anti-terror-bill-idUSKBN24419T.

5. Philippines: New Anti-Terrorism Act Endangers Rights.

Human Rights Watch. "Philippines: New Anti-Terrorism Act Endangers Rights." Human
Rights Watch, 5 June 2020, https://www.hrw.org/news/2020/06/05/philippines-new-anti-
terrorism-act-endangers-rights.

3. Essay; (Outline and draft)


A. The Charge of Plagiarism under A.M. No. 10-7-17-SC.

Outline:

Introduction

• De ne plagiarism

• Discuss the importance of academic integrity

• Explain the charge of plagiarism under A.M. No. 10-7-17-SC

Body

• Discuss the elements of plagiarism

• Provide examples of plagiarism

• Discuss the consequences of plagiarism

• Discuss how to avoid plagiarism

Conclusion

• Summarize the main points of the essay

• Restate the importance of academic integrity

Plagiarism is the act of using someone else's work without giving them credit. It is a
serious o ense that can have academic and professional consequences. The charge of
plagiarism under A.M. No. 10-7-17-SC is a rule of the Supreme Court of the Philippines that
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prohibits plagiarism in any form. The rule applies to all students, faculty, and sta of the
Supreme Court.

Plagiarism involves several key elements. It occurs when an individual utilizes another
person's work without properly acknowledging them, often to deceive. Examples of plagiarism
include directly copying someone else's work without providing proper credit, paraphrasing
someone else's work without attribution, and using someone else's ideas without
acknowledgment. The repercussions of plagiarism can be severe, ranging from failing a course
and being expelled from school to losing a job and even facing legal action for copyright
infringement. To avoid plagiarism, it is essential to consistently cite your sources, use quotation
marks when directly quoting someone else's work, paraphrase in your own words while still
acknowledging the original author, and give proper credit to the individuals whose work you are
incorporating into your own.

Plagiarism is a serious o ense that can have serious consequences. It is important to


be aware of the elements of plagiarism and to take steps to avoid it. By following the tips
above, you can help to ensure that your work is original and that you are not plagiarizing the
work of others. In addition to the consequences listed above, plagiarism can also damage your
reputation and make it di cult to get a job or be accepted into graduate school. It is important
to remember that plagiarism is not just a matter of academic honesty, it is also a matter of
professional ethics.

If you are ever unsure about whether or not something is plagiarism, it is always best to
err on the side of caution and cite your sources. By taking the time to cite your sources, you
can help to ensure that your work is original and that you are not plagiarizing the work of
others.

B. The practice of students buying “book-a-likes” of authored works.

Outline:

Introduction

• De ne “book-a-likes”

• Discuss the reasons why students might buy “book-a-likes”

• Explain the potential consequences of students buying “book-a-likes”

Body

• Discuss the di erent types of “book-a-likes”

• Provide examples of “book-a-likes”

• Discuss the bene ts and drawbacks of “book-a-likes”

Conclusion

• Summarize the main points of the essay

• Discuss the implications of the practice of students buying “book-a-likes”

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In recent years, there has been a growing trend of students buying “book-a-likes” of
authored works. Book-a-likes are books that are similar to other books in terms of genre, plot,
or setting. They are often marketed as being “just as good” as the original book but at a lower
price.

There are several reasons why students might choose to buy book-a-likes instead of
the original work. Some students may be unable to a ord the original book. Others may not be
able to nd the original book in their local library or bookstore. Still, others may simply want to
try something new.

The practice of students buying book-a-likes has several implications for authors and
publishers. On the one hand, it can lead to lower sales for the original work. This can hurt the
author's nancial situation and make it more di cult for them to publish future works. On the
other hand, it can also help authors and publishers to reach a wider audience. If students are
unable to a ord or nd the original work, they may be more likely to read a book alike.

There are several di erent types of book-a-likes. Some book-a-likes are sequels or
prequels to popular books. Others are books by the same author. Still, others are books in the
same genre or with similar themes.

There are also several di erent ways to nd book-a-likes. Some students may ask their
friends or family for recommendations. Others may search online for book-a-likes based on the
original book they are interested in. Still, others may use book-a-like websites or apps.

Ultimately, the decision of whether or not to buy a book-a-like is up to the individual


student. There are both pros and cons to consider, and the best decision will vary depending
on the student's circumstances.

C. The subject of fair use.

Outline:

Introduction

• De ne fair use

• Discuss the purpose of fair use

• Explain how fair use is determined

Body

• Discuss the four factors of fair use

• Provide examples of fair use

• Discuss the limitations of fair use

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Conclusion

• Summarize the main points of the essay

• Discuss the implications of fair use

Fair use is a legal doctrine that allows the use of copyrighted material without
permission from the copyright holder in certain limited circumstances. Fair use is determined
on a case-by-case basis, and there is no bright-line rule for determining whether a particular
use is fair.

The purpose of fair use is to balance the interests of copyright holders with the interests
of the public in the free ow of information. Copyright holders have the right to control how
their work is used, but the public also has a right to access information and ideas. Fair use
strikes a balance between these two interests by allowing for the limited use of copyrighted
material without permission from the copyright holder.

Determining whether a speci c use of copyrighted material is fair involves considering


four factors. Firstly, the purpose and character of the use are assessed, taking into account
whether it is commercial or nonpro t educational in nature. Secondly, the nature of the
copyrighted work is examined. Thirdly, the amount and signi cance of the portion used in the
whole work are evaluated. Lastly, the e ect of the use on the potential market or value of the
copyrighted work is considered. Examples of fair use encompass various scenarios, such as
quoting a small portion of a copyrighted work in a review or criticism, utilizing copyrighted
material for news reporting or commentary, employing copyrighted material for educational
purposes, or employing copyrighted material for parody or satire. These examples highlight
instances where the use of copyrighted material may be considered fair within the boundaries
of the law.

Fair use is not unlimited, and there are some limitations to what can be considered fair
use. For example, fair use does not allow for the use of copyrighted material in a way that
would harm the copyright holder's market for the work.

Fair use is an important legal doctrine that allows for the free ow of information. It is
important to understand the four factors that are considered in determining fair use so that you
can make informed decisions about whether your use of copyrighted material is fair.

D. The e ectivity of the E cient Use of Paper Rule in legal practice.

Outline:

Introduction

• De ne the E cient Use of Paper Rule

• Discuss the purpose of the rule

• Explain how the rule is implemented

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Body

• Discuss the bene ts of the rule

• Provide examples of how the rule has been e ective in legal practice

• Discuss the challenges of implementing the rule

Conclusion

• Summarize the main points of the essay

• Discuss the implications of the rule

The E cient Use of Paper Rule (EUPR) was adopted by the Supreme Court of the
Philippines in 2012. The rule requires all courts and quasi-judicial bodies under the
administrative supervision of the Supreme Court to use paper e ciently in their operations. The
purpose of the rule is to reduce the amount of paper used by the courts and quasi-judicial
bodies and to promote the use of electronic ling and other paperless technologies.

The EUPR has been e ective in reducing the amount of paper used by the courts and
quasi-judicial bodies. In 2012, the Supreme Court reported that the courts used 1.5 million
reams of paper. By 2017, that number had been reduced to 1 million reams. This represents a
33% reduction in paper usage.

The EUPR has also been e ective in promoting the use of electronic ling and other
paperless technologies. In 2012, only 1% of cases were led electronically. By 2017, that
number had increased to 20%. This represents a signi cant increase in the use of electronic
ling.

The implementation of the EUPR (Electronic Court Case Management System) has
yielded several bene ts. Firstly, it has signi cantly reduced paper consumption within the
courts and quasi-judicial bodies, leading to a positive environmental impact by addressing
paper production's contribution to pollution. Additionally, the EUPR has helped decrease costs
associated with court operations by utilizing electronic ling and paperless technologies,
saving money on printing, postage, and storage expenses. Furthermore, the system has
enhanced the e ciency of court proceedings, as electronic ling and paperless technologies
expedite case processing. Overall, the EUPR has contributed to increased environmental
sustainability in the judicial system.

However, the implementation of the EUPR has encountered certain challenges.


Resistance to change is one such obstacle, as some individuals are accustomed to traditional
paper-based processes and are unfamiliar with the new technologies. Additionally, limited
resources have hindered the full implementation of the EUPR in some courts and quasi-judicial
bodies, as nancial constraints prevent the purchase of necessary equipment and sta
training. Moreover, technical challenges arise when integrating the new technologies with
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existing systems, leading to compatibility issues. Addressing these challenges is crucial for the
successful adoption and utilization of the EUPR.

The EUPR is an important step in making the courts and quasi-judicial bodies more
e cient and environmentally sustainable. The rule has a number of bene ts, including reduced
paper consumption, reduced costs, improved e ciency, and increased environmental
sustainability. However, the rule also faces a number of challenges, including resistance to
change, lack of resources, and technical challenges. Despite these challenges, the EUPR is an
important step in making the courts and quasi-judicial bodies more e cient and
environmentally sustainable.
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