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Legal Research and Thesis Writing

Professor Jinkee De Ocampo Bantug


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Background facts

Background law

Analysis


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I. Explaining Background Facts and LegalDoctrines

key words are briefly and background

Things to avoid:

1. Summaries of the various precedents in thedoctrinal line Your job is to synthesize the

precedents, not to describe each one.


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DONT

In A v. B, this-and-such happened. The Courtruled for A. Then in C v. D, the facts were this-

and-such. The court ruled for D.2.Mini-treatises that go beyond whats needed to set

the stage for your proof.

DO give the reader the necessary legal andfactual framework

DONT describe all the law and all the factsthat youll later use, only that which is helfpul


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..out up front.

Comment: These two points relate to using onlythe information that is relevant to your thesis.

Ask, How does this information help the readerunderstand my topic and thesis?

II. The Proof of Your Claim

Tips:1. Prove your point on both the doctrinal and the

policy levels


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Dont just show that your proposal fits the caselaw

Persuade the reader that its practically and

morally sound Show that your proposal makes practical sense

as well as logical sense, that it fits with thepolicy as well as with the doctrine.

2. Be concrete

Illustrate your theoretical arguments withconcrete examples, drawn from real cases or


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from realistic hypos.

This will make your point clearer to yourreaders

3. Focus on your arguments, not the other sides

DONT write:

Some people say that Pres. Aquino should not be held

liable following the declaration of unconstitutionality ofsome of the provisions of the Disbursement AccelerationProgram under the doctrine of operative fact. Thisdoctrine states


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states that Instead, write, The doctrine of operative fact as

enunciated in the case of _________cannot be usedto exculpate the President of the country from

liabilityComment: The writing is much sharper, clearer,

and more persuasive. Arguments become

confused and confusing when the followingformula is used: Bob said this and here is whyBob is wrong. Charlie said that and here is whyCharlie is wrong. Use can use Bob and Charlies


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name in the footnotes.

III. Conclusion

Restates your thesis, summarizes your majorpoints, and reminds the reader why your issueand thesis is important.

Does not include your recommendations orsolution section-should constitute a separatesection.


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CITATION

A. When to cite

1) You must cite every time you refer to,

paraphrase, or quote from a law or anotherpersons work.

2) When you cite to a law, always cite to the

primary source (law, regulation, or case that isthe origin of the rule).


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Ex. Do not write that the passage of a divorce lawin the Philippines would strengthen the policyvalues being promoted in the Magna Carta of

Women or RA 9710 and then cite to a lawreview article.

Remember: Cite to the law first, and if you wantto include a secondary source that discusses the

law, then do that second.


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B. How to Cite:You may use any citation style you are mostcomfortable with but please indicate in yourpaper the citation style you used so I could

ascertain whether you have applied it correctlyor not.

Recommended:

THEBLUEBOOK: AUNIFORMSYSTEMOFCITATIONTHEPHILIPPINELEGALCITATION(Milagros Santos-

Ong, Legal Research and Legal Citations for thePhilippines

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