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8/10/2019 Fundamentals of Legal Writing Pages 1-9
1/5
1..
L g*l
\fridng
S op
oflegal
Wtiting
.
This
book
is
^T :
the
things
that
lawyers
vzrite
to
wln
others
over
to
thgir
point
ofo'ie*.
If
yoi
;;r;
;;*.
ieg
tavrye4
you
would
b.
doing
,
to,
oiitii.
Hi
ri**.
For
insance,
when
your
client,
,-;,
^
,o;;;l*.1,
#;.,
:o
you
teSardinS
the
threl
of
a
possible
lawsuit
fro*
*r-
tomer
who
was
takel
ill.af_cer.eaung
in
your
client,s
,.rLLLr,
yoo..*r{
lave
to
1,:nf-lri*
bacl(,-giving
him
your,,1.*rL-
gading
his
probabre
riabirity
based on
ir.
r*..,
rr.
,.u,
y
When
the
case
gets
to.court,
you
would
be
filing
a
num_
P.
:f
pleadinp
like
an
ani&er
to
the
customer,s
complainq
denying
your
client's Iiabirity
or
minimizing
ir
Further dovrr
the
road,
you
would
probaliy
fiI.
f*
hj*
assorted
pleading.s,
m3tions,
oppositions,
replies,
reioinders,
memoranda,
aad
Aod
if
you
were
m
be
&e
iodg.,
who
is
also
a
lawyer,
and
must
decide
the
casg
yoo
oro,rli
'h o.
,o
put
yout
deci_
sion
in
*itirg,
announce
its
results,
*i
,*o.^t
to
the
parties
your
reasons
for
the
decision.
Under
our
laws,
,h.
p#;;;
8/10/2019 Fundamentals of Legal Writing Pages 1-9
2/5
8/10/2019 Fundamentals of Legal Writing Pages 1-9
3/5
F {oaMsNTArs
or Lrcar lfrmNc
Mastet
a
few
refurbished
techniques
collected
in this
book
and
you
are oa
your
way
to
prepering
adequate, dear,
aod
convincing
pleadings,
lqgal opiniofls,
iltemoranda,
and
other
position
PaPers.
Of
coursg
the greatest
secret
of suc*
cess
rn
vrititrg
well
is in
constandy
striving
to use what
yo-u
leam
Theywillnotwork
unless
you
Put
them
into
pmctice
The
Legal
Dispute
A
lryal
dispute
lies
at
&e
heart
of
every
case.
In
facg
most
of
yo*
qdring
assignments
as
a
huyer
would
probably
be
devoted to aryqing
and
resofing
q.rch
a
dispute.
Meaning
of legal
dispute
For
the pu{pose
of
this
boolq there
is a
lQ*rl4rre
when
,u-
A
legal dispute
in
this
sense
is
akin
to
a
cause
of action
iu
a
civil suit in which the
defendant
denies
the
chim
against
him.
It
is this denial
that
tenders
a
legal
dispute.
'Whea
a person
renting
an
apartrnent
at
g..Ily
could
not
pay
the
agreed
monthly
rents
yet
refuses
to leave
his
unig
a
legal dispute
arises.
This
consists
of
(a)
the
apartment
ownet's
claim
that
the
tenart
fails
to pay
the
agreed
monthl1r rents
yet refuses
to
leave his
unit
and
(b) the
tellant's
derdal
of
the
clairrr
You
have
in
dris
case
a dght
protected
by
law,
an
alleged
violation
of
such rieht,
arid
a
denial
of the
allegation---a
legal
dispute
The
right
clainred
to
have
been violated
musq of
course,
be
a
legal
dght
since courts
will uphold
and vindicate
only
2.
8/10/2019 Fundamentals of Legal Writing Pages 1-9
4/5
8/10/2019 Fundamentals of Legal Writing Pages 1-9
5/5
FuNoarvmNrars
or LacAL
Wprrn*c
an
issug
the
pdncipal
issue
is
rcwhethet
ot not the
debtor
uniustly
refuses to
pay
his debt
under a promissory
note
that
he
issued
in
favor of
the
creditor.
In
the
cdminal
case
discussed
above, we
said
that
the
le-
gal dispute consists
in (a)
the
State's
charge
that the accused
de&auded
the comphinar* by selling
a
fake
Rolex vratch
to
hisi
for
the price
of
a
gequine
onq
and
O)
the accused's
der-rial
of
&e charge.
Recast
as
an
issue, tlre principal issue
is'(whether
or
not &e
accused defrauded
the complain-
ant
by
selling_a
fake
Rolex watch
to him
for
ttre
price
o{
genuine
one.
phat
does
the legal
dispute
consists
of when a building
official
issues
to
the
owner
an
occupancy
permit
for a
build-
ing
with
inadequate
fite exits?
It
consists of
(a) the complain-
ant's
daim that
respondent buitding official
issued
to the
owner
an
occupa$cy
permit
for a
building
with
inad*quate
fire exits in
violation
of Section 3(e)
of Republic Act
3019;
and (b) the
respondent's denial
of
that daim. Ttansfomred
into
an issue,
the
pdncipal
issue
is
'cwhether
or
not
respon-
dent
building
officid
issued
to the
owner
an occupancy
permit covering
a building
that has
inadequate
fire exits
in
violation
of
Section 3(e)
of
Republic Act
3019.'
Impo*ance
of
principat
issue
'il0hy
is
knowledge
of the
principal issue
important to
you?
It
is
imporant
to you
because
your cas
will
be
decided
for or
agaiast
you based
on
that
issue.
It
is
impottant
because
you
judge
the
significance
of every
argumeflt that you
want
tc
use
to persuade
yout
reader by
its
relevance
to
the pdncipal
THB
Lrcar,
Drspure
issue.
Any argumeot that
does
not touch
base
with
the
princir
pal
issue
or issues
(there
could
be more
than
one
principd
issue involved
in a case)
would
be quite useless
and
a
waste of
time.