Session 10 - Application of Newton - S Laws PDF

Application of
Newtons Laws
PHYS 211 Session 10
F
net

F
net
= ma
PHYS 211 |University Physics
Physics Defined Standards and Units
SI
Significant Figures
72.00
Vectors Motion in Straight Line
Motion in 2D
Motion in a Circle
Netos Las
F
net

Fluid Resistance
Fluid a continuous amorphous matter that tends to flow
and to conform to the outline of its container.

A liquid or a gas
Fluid Resistance
Fluid Resistance the fore that a uid exerts on a
body moving through it. The moving body exerts a force on
the uid to push it out of the way. By Netos third law, the
uid pushes ak o the od ith an equal and opposite
force.
Fluid Resistance
The direction of the uid resistae fore atig o a od is
always opposite the diretio of the ods eloit relatie
to the uid.

The magnitude of the uid resistance force usually increases
ith the speed of the od through the uid.
Fluid Resistance
For small objects moving at very low speeds, the magnitude f
of the uid resistae fore is approximately proportional to
the ods speed v.

f = kv (fluid resistance at low speed)
Fluid Resistance
For larger objects moving through air at the speed of a tossed
tennis ball or faster, the resisting force is approximately
proportional to v
2
rather than to v. It is then called air drag or
simply drag.

f = Dv
2
(fluid resistance at high speed)
Fluid Resistance
Because of the effets of uid resistae, a ojet fallig i a
uid does not have a constant acceleration.

= mg +() = m

Fluid Resistance
Terminal Speed the final (maximum) speed
reached by an object when the magnitude of the resisting
force is equal to its weight.

= mg +() = u
Fluid Resistance

:
t
=
mg
k
(tcrmnl sccJ, uJ rcsstncc = k:)
Fluid Resistance

:
t
=
mg
(tcrmnl sccJ, uJ rcsstncc = :

2
)
For a human body falling through air in a spread-eagle
position, the numerical value of the constant D is about
0.25 kg/m. Find the terminal speed for a lightweight
50-kg skydiver.
Terminal speed of a skydiver
Dynamics of Circular Motion
Uniform circular motion can result from any combination of
forces, just so the net force is always directed toward the
center of the circle and has a constant magnitude. Note that
the body need not move around a complete circle, it is valid
for any path that can be regarded as part of a circular arc.
The magnitude of the net force on a particle with mass m in
uniform circular motion is given by

=
ct
= m
d
= m
:
2

A sled with a mass of 25.0-kg rests
on a horizontal sheet of essentially
frictionless ice. It is attached by a
5.00-m rope to a post set in the ice.
Once given a push, the sled
revolves uniformly in a circle
around the post. If the sled makes
e oplete revolutions every
iute, d the fore F exerted on
it by the rope.
Force in uniform circular motion
An inventor designs a pendulum clock
using a bob with mass m at the end of a
thin wire of length L. Instead of swinging
back and forth, the bob is to move in a
horizontal circle with constant speed
with the ire akig a ed agle ith
the vertical direction. Find the tension F
in the wire and the period T (the time
for one revolution of the bob).
A conical pendulum
A sports car is rounding a at, uaked curve with radius
R. If the oefiet of static friction between tires and road
is
s
, what is the maximum speed at which the driver can
take the curve without sliding?
Rounding a flat curve
For a car traveling at a certain speed, it is possible to bank a
curve at just the right angle so that no friction at all is
needed to maintain the ars turning radius. Then a car can
safely round the curve even on wet ice. (Bobsled racing
depends on this same idea.) Your engineering r plas to
build the curve so that a car moving at a chosen speed can
safely make the turn even with no friction. At what angle
should the curve be banked?
Rounding a banked curve
A passenger on a carnival Ferris wheel moves in a vertical
circle of radius R with constant speed v. The seat remains
upright during the motion. Find expressions for the force
the seat exerts on the passenger at the top of the circle and
at the bottom.
Uniform circular motion
Vertical Circle
Free-Body
Diagrams
PHYS 211 Session 11
FBD
F
net
= ma
SI
Significant Figures
72.00
Motion in 2D
Motion in a Circle
Netons Las
Work & Kinetic Energy
FBD
Free-Body Diagrams
FBD
FREE-BODY
DIAGRAMS
A free-body diagram is a diagram showing the chosen
body by itself, free of its surroundings, ith etors
drawn to show the magnitudes and directions of all
the forces applied to the body by the various other
bodies that interact with it.
Tips in using FBDs
DECIDE AT THE BEGINNING TO WHICH
BODY YOU ARE REFERRING TO!

Newtons rst and seond laws apply to a spei ody.
Tips in using FBDs
IDENTIFY ALL THE FORCES ACTING
ON THE BODY. DO NOT INCLUDE
THE FORCES EXERTED BY THE
BODY!

Only forces acting on the body matter.
Tips in using FBDs
FORCES THAT A BODY EXERTS ON
ITSELF ARE NEVER INCLUDED!

Free-body diagrams are essential to help identify
the relevant forces.
EXERCISES
A large wrecking ball is held in
place by two light steel cables.
Draw a free body diagram for
the steel ball.
EXERCISES
A horizontal wire holds a solid
uniform ball of mass m in place on
a tilted ramp that rises 35.0 above
the horizontal. The surface of this
ramp is perfectly smooth, and
the wire is directed away from
the center of the ball Draw a free-
body diagram for the ball.
EXERCISES
Based on the given figure, draw the
free-body diagrams for m
1
and m
2
.
Assume that there is no friction
anywhere in the system and the
pulleys and strings are massless. Also
draw a free-body diagram relating
the string passing through the
pulleys and the string hanging m
2
.

EXERCISES
A constant horizontal force drags
block B to the left. Draw a free
body diagram for each block when
(a) A rests on top of block B, (b) A is
moving against B. The coefficients
of kinetic friction between the
contact faces of the blocks is the
same with the surface.
EXERCISES
Block A rests on top of block B. The
oefient of kineti friction between
all surfaces is the same. A and B are
connected by a light, exile cord
passing around a xed, fritionless
pulley. A constant horizontal force
drags B to the left. Draw a free body
diagram for each block.
Work &
Kinetic Energy
PHYS 211 Session 11
F
net
= ma
SI
Significant Figures
72.00
Motion in 2D
Motion in a Circle
Netos Las
FBD
Free-Body Diagrams
Work
Kinetic
Energy
&
Work
Consider a body that undergoes a displacement of
magnitude s along a straight line. While the body
moves, a constant force
acts on it in the same

direction as the displacement s.
Work
We dee the ork done by this constant force
under these circumstances as the product of the
force magnitude and the displacement
magnitude s:
= s
Work
The SI Unit of work is the joule (abbreviated J, named
in honor of the 19th-century English physicist James
Prescott Joule).
1 [ = 1 m
Work
At an angle , the work done only depends on the
component of the force parallel to the direction of
displacement.
Work
= os
= sn
Work
=
s = s os
=
s
Steve exerts a steady force of magnitude 210 on the
stalled car as he pushes it a distance of 18 m. The car
also has a at tire, so to ake the ar trak straight
Steve must push at an angle of 30 to the direction of
motion. How much work does Steve do?
Example |Work done by a constant force
In a helpful mood, Steve pushes a second stalled car
with a steady force = 16u t (4u ). The
displacement of the car is = 14 m t (11 m) .
How much work does Steve do in this case?
Example |Work done by a constant force
Force has a component in direction of displacement:
Work is positive.
Work: Positive, Negative, or Zero
Force has a component opposite to direction of
displacement: Work is negative.
Force component is perpendicular (
) to direction
of displacement: The force component does no work
on the object.

A weightlifter lowers a barbell to the floor. The barbell is held
stationary.
The total work
done on the body by all the forces

is the algebraic sum of the quantities of work done by
the individual forces.

=

Total Work
A alteratie ay to d the total ork
is to
compute the vector sum of the forces and then use this
vector sum as in the definition of work.

= ( )
Total Work
A farmer hitches her tractor to a sled
loaded ith reood and pulls it a
distance of 20 m along level ground.
The total weight of sled and load is
14,700-N. The tractor exerts a
constant 5000-N force at an angle of
36.9
o
above the horizontal. A 3500-N
friction fore opposes the sleds
motion. Find the work done by each
force acting on the sled and the total
work done by all the forces.
Example |Work done by several forces
Kinetic Energy
Energy the capacity of a physical system to do work.

Kinetic Energy the mechanical energy that a body
has by virtue of its motion.
Kinetic Energy
The relationship between the total work done on a body and
ho the odys speed hages.
A block slides to the right on a frictionless surface.

Kinetic Energy
If you push to the right on the moving
block, the net force on the block is to
the right.

Kinetic Energy
If you push to the left on the moving
block, the net force on the block is to
the left.
Kinetic Energy
If you push straight down on the moving
block, the net force on the block is zero.
Kinetic Energy
Consider a particle with mass m moving along the x-axis
under the action of a constant net force directed along the
positive x-axis.
Kinetic Energy
The partiles acceleration is constant and is gie y Netos
second law.
Kinetic Energy
Using a constant-acceleration equation,
Kinetic Energy
When we multiply this equation by m and equate ma
x
to the
net force F, we d
Kinetic Energy
The product Fs is the work done by the net force F and thus is
equal to the total work W
tot
done by all the forces acting on
the particle.
Kinetic Energy
The quantity
1
2
m
2
is called the kinetic energy K of the
particle.

K =
1
2
m
2

Kinetic Energy
The work done by the net force on a particle equals the
change in the partiles kieti eergy.
This result is the workenergy theorem.
A farmer hitches her tractor to a sled
loaded ith reood and pulls it a
distance of 20 m along level ground.
The total weight of sled and load is
14,700-N. The tractor exerts a
constant 5000-N force at an angle of
36.9
o
above the horizontal. A 3500-N
friction fore opposes the sleds
motion. Find the work done by each
force acting on the sled and the total
work done by all the forces.
Example | Using work and energy to calculate speed
Suppose the sleds iitial speed v
1
is
2.0 m/s. What is the speed of the
sled after it moves 20 m?
Example | Using work and energy to calculate speed
The 200-kg steel hammerhead of a pile driver is
lifted 3.00 m above the top of a vertical I-beam
being driven into the ground. The hammerhead
is then dropped, driving the I-beam 7.4 cm
deeper into the ground. The vertical guide rails
exert a constant 60-N friction force on the
hammerhead. Use the workenergy theorem
to find (a) the speed of the hammerhead just
as it hits the I-beam and (b) the average force
the hammerhead exerts on the I-beam. Ignore
the effects of the air.
Example | Forces on a hammerhead
Calculating the work done by a varying force F
x
in the x-direction
as a particle moves from x
1
to x
2
.
Work and Energy with Varying Forces
In the limit that the number of segments becomes very large
and the width of each becomes very small, this sum becomes
the integral of F
x

from x
1
to x
2
:
To keep a spring stretched beyond its
unstretched length by an amount x, we
have to apply a force of equal magnitude
at each end. If the elongation x is not too
great, the force we apply to the right-hand
end has an x-component directly
proportional to x:
=
where k is a constant called the force
constant (or spring constant) of the spring.
The observation that force is directly proportional to
elongation for elongations that are not too great was made by
Robert Hooke in 1678 and is known as Hookes law.

=
To stretch a spring from rest, we must do
work. We apply equal and opposite forces
to the ends of the spring and gradually
increase the forces.
If initially the spring is already stretched
a distance x
1
the work we must do to
stretch it to a greater elongation x
2
is
A woman weighing 600 N
steps on a bathroom scale
that contains a stiff spring.
In equilibrium, the spring is
compressed 1.0 cm under
her weight. Find the force
constant of the spring and
the total work done on it
during the compression.
Example | Work done on a spring scale
Heres an alternatie deriation of the orkenergy theorem
for a force that may vary with position. It involves making a
change of variable from x to in the work integral.

Note that the acceleration a of the particle can be expressed in
various ways:

From this result, the total work done by the net force is

This can be simplified to
An air-track glider of mass 0.100 kg is attached to the end of a
horizontal air track by a spring with force constant 20.0 N/m.
Initially the spring is unstretched and the glider is moving at
1.50 m/s to the right. Find the maximum distance d that the
glider moves to the right (a) if the air track is turned on, so that
there is no friction, and (b) if the air is turned off, so that there
is kinetic fritio ith oefiet
= u.47.
Example | Motion with a varying force
We can generalize our definition of work further to include a
force that varies in direction as well as magnitude, and a
displacement that lies along a curved path.
The small element of work done on the particle during the
displacement may be written as

The total work done by on the particle as it moves from P
1
to
is P
2
then

Power
Power is the time rate at which work is done. Like
work and energy, power is a scalar quantity.
Power
When a quantity of work is done during a time
interval the average work done per unit time or
average power
is deed to e
Power
We can dee instantaneous power P as the quotient
in P
av
as approaches zero:
Power
The SI unit of power is the watt (W), named for the
English inventor James Watt.

One watt equals 1 joule per second: 1 W = 1 J/s
Power
In mechanics we can also express power in terms of
force and velocity.
Power
We can also express P in terms of the scalar product:
Each of the four jet engines on an Airbus A380 airliner develops
a thrust (a forward force on the airliner) of 322,000 N. When
the airplae is yig at 250 m/s, what horsepower hp does each
engine develop? (1 hp = 746 W)
Example | Force and power
Potential Energy &
Energy Conservation
PHYS 211 Session 13
F
net
= ma
SI
Significant Figures
72.00
Motion in 2D
Motion in a Circle
Newtons Laws
FBD
Free-Body Diagrams Potential Energy
POTENTIAL ENERGY &
E N E R G Y C O N S E R V AT I O N
ATENEO DE DAVAO UNIVERSITY | PHYS 211 Presented by
Text Reference: University Physics with Modern Physics, 13
th
Ed. Young & Freedman Jammy Rey C. Guinid
As the mallard glides in to
a landing, it descends along
a straight-line path a
constant speed. Does the
mechanical energy of the
mallard increase, decrease
or stay the same during
the glide?
PHYS 211 Lecture | Potential Energy & Energy Conservation
POTENTIAL ENERGY
Potential Energy is the energy associated with the
position of a system rather than its motion.

This kind of energy is a measure of the potential or
possibility for work to be done.
POTENTIAL ENERGY
Gravitational Potential Energy : the potential energy
associated with a bodys weight and its height above
the ground.

Elastic Potential Energy : the potential energy stored in
a deformable body.
GRAVITATIONAL POTENTIAL ENERGY
As a basketball descends,
gravitational potential energy is
converted to kinetic energy and
the basketballs speed increases.
When a body moves vertically from an initial height y
1
to
a nal height y
2
the gravitational force does work and
the gravitational potential energy changes.
=
Work done by gravity is given by
= w y
2
y
1

= w y
1
y
2

= my
1
my
2

my =

Gravitational Potential Energy
=
,1

,2

=
,2

,1

=

The gravitational potential energy
is a shared
property of the body and the earth. Notice that the formula
= my involves characteristics of both the body (its

mass m) and the earth (the value of ).
CONSERVATION OF MECHANICAL ENERGY
Recall that
tot
= =
2

1
.
If we consider weight as the only force acting on the body,

tot
=
=
,1

,2
.
Putting these together, we get
=
or
2

1
=
,1

,2
.

Rearranging, we have

1
+
,1
=
2
+
,2
or

1
2
m:
1
2
+my
1
=
1
2
m:
2
2
+my
2

We define the Total Mechanical Energy of a system as the
sum of the kinetic and potential energy: E = +
.
Notice that the total mechanical energy at y
1
is the same
as that of y
2
:
E
1
= E
2

Since the positions y
1
and y
2
are arbitrary points in the
motion of the body, the total mechanical energy E has
the same value at all points during the motion:

E = +
= onstnt

A quantity that always has the same value is called a
conserved quantity.

When only the force of gravity does work, the total
mechanical energy is constantthat is, it is conserved.
You throw a u.14S baseball straight up, giving it an
initial velocity of magnitude 2u.u ms. Find how high it
goes, ignoring air resistance.
Example |Height of a baseball from energy conservation
Example |Height of a baseball from energy conservation
If other forces F
ot
act on the body in addition to its weight,

tot
=
+
ot
= .

+
ot
=

,1

,2
+
ot
=
2

1


1
+
,1
+
ot
=
2
+
,2

The work done by all forces other than the gravitational
force equals the change in the total mechanical energy of
the system.

ot
= E
2
E
1
=
2
+
,2

1
+
,1

Suppose your hand moves upward by u.Su m while you
are throwing a u.14S baseball. The ball leaves your
hand with an upward velocity of 2u.u ms (a) Find the
magnitude of the force (assumed constant) that your
hand exerts on the ball. (b) Find the speed of the ball at
a point 1S.u m above the point where it leaves your
hand. Ignore air resistance.
Example |Work and energy in throwing a baseball
Example |Work and energy in throwing a baseball
Gravitational Potential Energy for Motion Along a Curved Path
Gravitational Potential Energy for Motion Along a Curved Path
Note that the same expression for gravitational potential
energy is used whether the bodys path is curved or
straight.
Example |Speed at the bottom of a vertical circle
Your cousin Throckmorton skateboards from rest
down a curved, frictionless ramp. If we treat Throcky
and his skateboard as a particle, he moves through a
quarter-circle with radius = S.uu m. Throcky and
his skateboard have a total mass of 2S.u . (a) Find his
speed at the bottom of the ramp. (b) Find the normal
force that acts on him at the bottom of the curve.
ELASTIC POTENTIAL ENERGY
A body is called elastic if it returns to its original shape
and size after being deformed. An example of this is the
ideal spring.
Calculating the work done by a spring attached to a block on a horizontal
surface. The quantity x is the extension or compression of the spring.
tot
=
1
2
x
2
2

1
2
x
1
2

Recall that the work done on spring is given by
According to Newtons 3
rd
Law, the force done on the spring
is just the same magnitude force exerted by the spring but
opposite in direction.
sp
=
1
2
x
1
2

1
2
x
2
2

Therefore the work done by the spring is
1
2
x
2
=

Elastic Potential Energy
=
1
2
x
1
2

1
2
x
2
2

=
,1

,2

=

Recall that
tot
= =
2

1
.
If the elastic force is the only force that does work on the
body, then

tot
=
=
,1

,2

Putting these together, we get
=
or
2

1
=
,1

,2


1
+
,1
=
2
+
,2
or

1
2
m:
1
2
+
1
2
x
1
2
=
1
2
m:
2
2
+
1
2
x
2
2

In this case the total mechanical energy E = +
(the
sum of kinetic and elastic potential energy) is conserved.
Example |Motion with elastic potential energy
A glider with mass m = u.2uu sits on a frictionless
horizontal air track, connected to a spring with force
constant = S.uu m. You pull on the glider,
stretching the spring u.1uu m, and release it from rest.
The glider moves back toward its equilibrium position
(x = u). What is its x-velocity when x = u.u8u m?
Example |Motion with elastic potential energy
Situations with Both Gravitational and Elastic Potential Energy :

tot
=
+
ot
= .

+
ot
=

1
+
,1
+
,1
+
ot
=
2
+
,2
+
,2

Equivalently,
1
+
1
+
ot
=
2
+
2

This is the most general statement of the relationship
among kinetic energy, potential energy, and work done by
other forces.
The work done by all forces other than the gravitational
force or elastic force equals the change in the total
mechanical energy of the system.

ot
= E
2
E
1
=
2
+
2

1
+
1

Where =

+
= my +
1
2
x
2

Example |Motion with gravitational, elastic, and friction forces
A 2uuu elevator with broken cables in a test rig is
falling at 4.uu ms when it contacts a cushioning spring
at the bottom of the shaft. The spring is intended to
stop the elevator, compressing 2.uu m as it does so.
During the motion a safety clamp applies a constant
17,uuu frictional force to the elevator. What is the
necessary force constant k for the spring?
Example |Motion with gravitational, elastic, and friction forces
CONSERVATIVE AND NONCONSERVATIVE FORCES
Conservative Force : a force that offers an opportunity
of two-way conversion between kinetic and potential
energies.

An essential feature of conservative forces is that their work
is always reversible.
The work done by a conservative force always has four properties:
1. It can be expressed as the difference between the initial and nal
values of a potential-energy function.
2. It is reversible.
3. It is independent of the path of the body and depends only on the
starting and ending points.
4. When the starting and ending points are the same, the total work is
zero.

A force that is not conservative is called a nonconservative
force. The work done by a nonconservative force cannot
be represented by a potential-energy function.

The work done on the system is irreversible.
LAW OF CONSERVATION OF ENERGY
The energy associated with the change in the state of
the materials is called internal energy. This energy is
due to the work done by nonconservative forces other
than the gravitational and elastic potential forces.
The increase in the internal energy is exactly equal to the
absolute value of the work done by friction. In other words,
nt
=
ot

Accordingly,
1
+
1
+
ot
=
2
+
2
becomes

1
+
1

nt
=
2
+
2

Writing =
2

1
and =
2

1
, we can nally
express

+ +
nt
= u

This remarkable statement is the general form of the law
of conservation of energy. In a given process, the kinetic
energy, potential energy, and internal energy of a system
may all change.
Writing =
2

1
and =
2

1
, we can nally
express

+ +
nt
= u

Energy is never created or destroyed; it only changes form.
No exception to this rule has ever been found.
TIPS ON LEGAL WRITING by Bryan Garner
Prepared by Rizada, Resci Angelli
TIP #10: Avoid multiple negatives.
When you can recast a negative statement as a positive one
without changing the meaning, do it. You'll save readers from
needless mental exertion.

A single negative often isn't very taxing:

No more than one officer may be in the polling place at a
given time.

Still, the positive form is more concise and directand equally
emphatic:

Only one officer may be in the polling place at a given time.
TIP #10: Avoid multiple negatives.
But when a sentence has more than one needless negative,
the meaning can get muddled:
A member who has no fewer than 25 years of credited service but
has not yet attained the age of 60 years and is not eligible for
retirement may not voluntarily retire early without first filing a written
application with the board.

Change no fewer than to at least; has not yet attained to is
under; and may not without to a different construction
entirely, using must. Then make a few other edits, and the
sentence becomes much more cogent:

Even if you're a member who is not otherwise eligible for
retirement, you may voluntarily retire if you are under the age of
60 and have at least 25 years of credited service. To do this, you
must file a written application with the board.

EXERCISES

BASIC

Recast the following sentences in a more positive, straightforward
way:

Notice will not be effective unless it is delivered in person or by
certified mail, return receipt requested.

Notice will be effective only if it is delivered in person or by certified
mail, return receipt requested.

In the absence of any proof to the contrary, the court should presume
that the administrator's functions have not ceased.

Without contrary proof, the court should presume that the
administrator's functions continue.

BASIC

No termination will be approved unless the administrator reviews the
application and finds that it is not lacking any requisite materials.

Termination will be approved only after the administrator reviews
the application and finds it complete.

BASIC
INTERMEDIATE
Recast the following sentences in positive form.

There is no issue of material fact that Renfro
cannot establish that Aniseed, Inc. owed her a
duty to prevent the injury she claims to have
suffered.

Renfro can establish that Aniseed, Inc. owed
her a duty to prevent the injury she claims to
have suffered.
INTERMEDIATE
INTERMEDIATE

Bendola cannot be permitted to stand on nothing more
than unsubstantiated and self-laudatory statements as a
basis for denying summary judgment.

Bendola can be permitted to stand only on
substantiated and laudatory statements as a basis for
denying summary judgment.

INTERMEDIATE
INTERMEDIATE

No reason for refusing confirmation of the master's report not
covered by the exceptions in the rule is disclosed by the record
or urged by the defendants.

Confirmation of the masters report included in the rule is
disclosed by the record or urged by the defendants.

INTERMEDIATE

A plan shall not be treated as not satisfying the requirements of
this section solely because the spouse of the participant is not
entitled to receive a survivor annuity (whether or not an election
has been made), unless both the participant and the spouse
have been married throughout the one-year period ending on the
date of the participant's death.

if married for at least 1 year, the surviving former spouse
shall be treated as meeting the requirements of this section.

INTERMEDIATE
ADVANCED

Find a sentence in published writing that is burdened with at least two
negatives that you can easilyand with no change in meaningrecast
in the positive. If you're a member of a writing group or class, provide
each colleague with a copy of the original (with a citation) and your
revised version.

Examples:
It is a risk, not uncommon, for a member of the bar engaged in the active
practice of his profession that his actuation, for whatever reason, would
not be looked upon with pleasure by a client, (a.m. no. 980 November
27, 1974 Pedro q. Beltran, vs. Victor t. Llamas, jr.,)

Revision: it is a common risk for a member of the bar engaged in
the active practice of his profession that his actuation, for whatever
reason, would be looked upon with displeasure by a client.

ADVANCED
If the Deposit is not paid, the Seller has the right to rescind this
Agreement by a notice in writing to the Purchaser delivered within 30
days from the date of this Agreement, provided that such rescission right
shall not be effective unless and until the Seller does not rescind the
Preliminary Agreement for the Property.

Revision: If the Deposit is not paid, the Seller has the right to rescind
this Agreement by written notice to the Purchaser delivered within
30 days of the date of this Agreement. However, the rescission right
is not effective if the Seller has rescinded the Preliminary
Agreement for the Property.

ADVANCED
Choosing Your Words
12. Learn to detest simplifiable jargon.

In addition to mastering grammatical consistency and
simplicity, develop an intolerance for unnecessary jargon.
Similarly, in police reports you'll frequently encounter passages
like this one:

When Officer Galvin entered the lot, he observed the two males exiting the
lot. He then initiated a verbal exchange with a female white subject, who
stated that she had observed two male whites looking into vehicles. When
she pointed out the subjects as the two male whites who had exited the lot
previously, Officer Galvin promptly engaged in foot pursuit of them.

But what, exactly, is a legalism?

The term refers not to unsimplifiable terms of art
(like habeas corpus) but to legal jargon that has
an everyday English equivalent.

LEGALESE
COMMON LEGALISMS

EXERCISES

BASIC
Translate the following passages into plain English:

A prehearing conference was held on July 15, 2000, and the result of
said conference was that Rawson was given an extension of time until
August 6 to respond to Vicker's motion. Rawson subsequently failed to
file any response thereto.

On July 15, 2000, in a prehearing conference, the court extended
Rawson's time to respond to Vicker's motion until August 6. But
Rawson failed to file a response.

BASIC
BASIC
In the event that any employee is requested to testify in any judicial or
administrative proceeding, said party will give the company prompt notice
of such request in order that the company may seek an appropriate
protective order.
An employee who is subpoenaed to testify in a judicial or
administrative proceeding must give the company prompt notice of
the subpoena so that it can decide whether to seek a protective order.

The court asks whether the plaintiff is guilty of unreasonable delay in
asserting its rights. Such determination is committed to the trial court's
sound discretion. The emphasis is on the reasonableness of the delay, not
the length of such delay.
The court asks whether the plaintiff is guilty of unreasonable delay in
asserting its rights. This determination is within the court's
discretion. The emphasis is on the delay's reasonableness, not its
length.

BASIC
BASIC
Subsequent to the Bank's dishonor and return of the forged check, the
U.S. Attorney served the aforementioned subpoena upon the Bank and
directed the Bank to deliver to his office forthwith, upon receipt, at any
time and from time to time, any and all bank checks, cashier's checks,
and similar items stolen in the robbery that transpired on July 2, 2000.

After the Bank dishonored and returned the forged check, the U.S.
Attorney subpoenaed the Bank, directing it to deliver to his office,
upon receipt, all bank checks, cashier's checks, and similar items
stolen in the July 2, 2000 robbery.

BASIC
INTERMEDIATE
Translate the following passages into plain English:

All modifications, interlineations, additions, supplements, and/or
changes to this Contractual Amendment are subject to and
conditioned upon a fully executed, signed, and dated
acceptance, approval, and confirmation at Pantheon's corporate
headquarters.

Pantheons corporate headquarters acceptance is needed
to effect all changes to this Contractual Amendment.

INTERMEDIATE
INTERMEDIATE
An interpreter is needed if, after examining a witness, the court
arrives at the conclusion that the witness is without the ability to
understand and speak English at a sufficient level of proficiency
to comprehend the proceedings in such a way as to assist
counsel in the conduct of the case.

An interpreter is needed, if upon examination of the court,
the witness is unable to understand and speak English
sufficiently to comprehend the proceedings and to assist
the counsel in the conduct of the case.

INTERMEDIATE
INTERMEDIATE
This letter shall confirm our understanding and agreement that if
your loan application on the above-described property is approved,
you shall occupy the same as your primary residence within thirty
(30) days of the closing date. You are aware that if you shall fail to
do so, such failure shall constitute a default under the Note and
Security Instrument executed in connection with your loan, and
upon occurrence of such default the full and entire amount of the
principal and interest payable pursuant to said Note shall become
immediately due and payable at the option of the holder thereof.
This letter shall confirm our agreement that upon approval of
your loan application, you shall occupy the same as your
primary residence within 30 days and failure to do shall make
the full amount of the principal and interest immediately due
and demandable at the option of the holder of the Note and
Security Instrument.

INTERMEDIATE
INTERMEDIATE
Pursuant to the provisions of 3670, 3671, and 3672 of the
Internal Revenue Code of the United States, notice is hereby given
that there have been assessed under the Internal Revenue Code of
the United States, against the following-named taxpayer, taxes
(including interest and penalties) which after demand for payment
thereof remain unpaid, and that by virtue of the above-mentioned
statutes the amount (or amounts) of said taxes, together with
penalties, interest, and costs that may accrue in addition thereto, is
(or are) a lien (or liens) in favor of the United States upon all
property and rights to property belonging to said taxpayer.

Notice of assessed taxes is given to the taxpayer in
accordance with sections 3670, 3671 and 3672 of the Internal
Revenue Code of the United States and failure to pay the said
amount, accrued penalties, interests and costs shall create a
lien in favor of the United States upon the taxpayers property.

INTERMEDIATE
ADVANCED

Find a published piece of legal writing that is thick with legalese. Prepare
a short memono more than three pagesin which you (1) show at
least two paragraphs from the original, (2) show how you would edit the
passage, and (3) explain briefly why you made your edits. If possible, cite
authority (such as a usage guidesee 48) in support of your edits.

ADVANCED
Leonor vs. CA

This is an action for Cancellation of Entry in the Civil Registry particularly on the marriage
contract of one Mauricio Leonor, Jr. and Virginia Amor supposedly to have taken place in a
long distance past on March 13, 1960 and after a Rip Van Winkle sleep and dormancy liken
to a Mt. Pinatubo explosion that rocked the peace and quiet in the lives of the supposedly
participants to this drama in Calatrava and San Carlos City, Negros Occidental when out of
the blue one party in the person of an aggrieved left-behind spouse revived and revealed an
ancient piece of marital bond between her and a reluctant spouse.

No less than the Supreme Court, through Justice Panganiban, called the
language of the decision "convoluted," "painfully a sophomoric and pathetic
portrayal" of Virginia, the petitioner in this case. Further, the Court tersely
remarked, "The said decisions crude attempt at literary sophistication is
matched only by its jarring syntax and grammatical incongruencies."

ADVANCED
REVISION OF THE PARAGRAPH:

An action for Cancellation of an Entry in the Civil Registry was filed
involving the marriage between Virginia A. Leonor and Mauricio D.
Leonor, Jr., in San Carlos City on March 13, 1960.

ADVANCED
TIP # 21: Plan all three parts: the
beginning, the middle, and the end.

A Proper Opener
A Satisfactory Middle
A Strong Closer
A Big Change

EXERCI SES

Find a brief or judicial opinion that has a particularly good opener and
closer. (For a brief, you might look at books with model briefs. You
might also look at continuing-legal-education materials on appellate
practice.) If you belong to a writing group or class, bring a copy for each
colleague. Be prepared to explain why you think the introduction and
conclusion are effective.

BASIC
Strong opener
G.R. No. L-61223 May 28, 1988
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.CONRADO MERCADO y LAMPANO, defendant-appellant.
CRUZ, J.:

STRONG OPENER:

Was this a case of illicit sweethearts lost in the transport of violent love or of an unwelcome suitor
forcing his lust upon his resisting victim?

Carmelita Martinez was 42 years old and a spinster on March 8, 1981 when she claims to have been
raped by Conrado Mercado. According to her, she had finished her daily stint of selling rice cakes in
the Arayat public market in Pampanga and had boarded Mercado's tricycle to go home as usual. That
was about 2 o'clock in the morning. Mercado did not take her directly home, however, but upon
reaching the highway drove to a ricefield over her protests, dragged her from the vehicle, took her to
the thresh grounds, and pushed her down as she resisted and shouted for help. None came for they
were about 250 meters from the nearest house. As she continued to fight his advances, Mercado hit
her in the thigh and that was when she lost consciousness. When she recovered, Mercado was on top
of her and kissing her. He had already raped her. She found herself completely naked, as so was her
attacker, and blood was oozing from her loins. Mercado helped her up and after they had dressed took
her home in the tricycle

STRONG CLOSER:

Some authorities have opined that rape cannot be committed by a
husband upon his wife except where they are legally
separated.
15
But from a mere fiancee, a man demand cannot
demand sexual submission, and worse employ violence upon her
for the purpose, on the mere justification that they are in love. Love
is not a license for lust, at least upon a sweetheart only who, unlike
the wife, has a right to resist the passionate advances of her
partner. Hence, even if Carmelita and Mercado were really secret
lovers, the accused-appeIlant nevertheless committed the crime of
rape when he dragged her to the ricefield over her angry protests,
physically overcame her spirited resistance, and sexually took her
against her will.

WHEREFORExxxxxx

Find a research memo that has no proper opener or closerthat
is, one that's all middle. Write both a summary that could be
added at the start and a fresh conclusion. If you're part of a
writing group or class, bring a copy of your work for each
colleague. Be prepared to discuss the problems in the original
and how you tried to solve them

INTERMEDIATE
BEFORE

LEGAL MEMORANDUM

FOR: MARIA
FROM: RONA BLANCA A. ROSOS
DATE: June 31, 2013
RE: Memorandum on the Status of Marriage of Maria

Maria is married Juan in Quezon City in 1976. Due to some differences, they separated in
1980. They have one child, a daughter, Anna. Maria moved to the United States where she
met Oscar. Maria divorced Juan and thereafter married Oscar in Las Vegas in 1985. Maria
and Oscar returned to Manila in 1990 and opened a restaurant business. In 1992, Maria
filed a declaration of nullity of her marriage to Juan. It was granted in 1993. Early this year,
Maria discovered that Oscar is having an affair with Lucy with whom he has two children,
both still minors.

The subsequent marriage between Maria and Oscar is null and void because the first
marriage with Juan was still subsisting when Maria married Oscar. For a person whose
marriage has been subsequently decreed null and void, to be able to validly marry again,
liquidation, partition and distribution of properties and other requirements including the
recording of the nullity decree with the proper civil registrar, should be complied first. Non
compliance will render any subsequent marriage void.

The divorce acquired by Maria and Juan in the United States is not valid in the Philippines. The marriage
between Filipino Citizens which was validly celebrated in the Philippines shall not be eligible for divorce abroad.

Filipino citizens, no matter what their country of residence must follow the procedure indicated in the Family
Code of the Philippines to have their marriage nullified or voided by filing a Petition of Annulment of Marriage
before the pertinent Office of the Executive Clerk of Court of the Regional Court.

While Article 26 of the Family Code provides that All marriages solemnized outside the Philippines in
accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also
be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38, this law
does not apply to marriage between Filipino Citizens

If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute
community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not
validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the
preceding Article.

The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith.

As to the question of rights of Marias daughter Anna, under the Rules on Succession, she has all the rights as a
legitimate child of Maria and Juan. She shall have the right to use the surname of her biological Juan. She shall
not lose her status as a legitimate child by the subsequent nullity of marriage of her parents. She shall also have
the right to support based on Article 195 of the Family Code. She shall have no right over the exclusive property
of Oscar.

For your information and guidance
Very truly yours,
Rona Blanca A. Rosos

BEFORE
AFTER

LEGAL MEMORANDUM
FOR: MARIA
FROM: RONA BLANCA A. ROSOS
DATE: June 31, 2013
RE: Memorandum on the Status of Marriage of Maria
________________________________________________________________

Please find below our memorandum on a query earlier made on the status of
Marias marriage and the rights and status of children.

The principal question posed: What is the status of marriage of Maria to Oscar.
The sub-issues discussed were: her rights to the restaurant business she put up
with Oscar; the rights of her daughter, Anna; the rights and status of the two
children of Oscar with Lucy.

Conclusion: the status of marriage is null and void because it violates provisions
of the Family Code. Our discussion, as well as our recommendations, follows:

Summary of Relevant Facts

1. That Maria married Juan in Quezon City in 1976.
Due to some differences, they separated in 1980.
They have one child, a daughter, Anna.
2. That Maria moved to the United States where she
met Oscar. Maria divorced Juan and thereafter
married Oscar in Las Vegas in 1985.
3. That Maria and Oscar returned to Manila in 1990
and opened a restaurant business.
4. In 1992, Maria filed a declaration of nullity of her
marriage to Juan. It was granted in 1993.
5. Early this year, Maria discovered that Oscar is
having an affair with Lucy with whom he has two
children, both still minors.

DISCUSSION OF THE ISSUES

The subsequent marriage between Maria and Oscar is null and void because the first marriage
with Juan was still subsisting when Maria married Oscar. For a person whose marriage has
been subsequently decreed null and void, to be able to validly marry again, liquidation, partition
and distribution of properties and other requirements including the recording of the nullity
decree with the proper civil registrar, should be complied first. Non compliance will render any
subsequent marriage void.

The divorce acquired by Maria and Juan in the United States is not valid in the Philippines. The
marriage between Filipino Citizens which was validly celebrated in the Philippines shall not be
eligible for divorce abroad.

Filipino citizens, no matter what their country of residence must follow the procedure indicated
in the Family Code of the Philippines to have their marriage nullified or voided by filing a
Petition of Annulment of Marriage before the pertinent Office of the Executive Clerk of Court of
the Regional Court.

While Article 26 of the Family Code provides that All marriages solemnized outside the
Philippines in accordance with the laws in force in the country where they were solemnized,
and valid there as such, shall also be valid in this country, except those prohibited under
Articles 35(1), (4), (5) and (6), 36, 37 and 38, this law does not apply to marriage between
Filipino Citizens

On the question about Marias rights over the business put up during with
Oscar. The property regime is subsequent void marriages is co-ownership
based on Article 148 of the Family Code which provides that In cases of
cohabitation not falling under the preceding Article, only the properties
acquired by both of the parties through their actual joint contribution of
money, property, or industry shall be owned by them in common in
proportion to their respective contributions. In the absence of proof to the
contrary, their contributions and corresponding shares are presumed to be
equal. The same rule and presumption shall apply to joint deposits of
money and evidences of credit.

If one of the parties is validly married to another, his or her share in the co-
ownership shall accrue to the absolute community or conjugal partnership
existing in such valid marriage. If the party who acted in bad faith is not
validly married to another, his or her shall be forfeited in the manner
provided in the last paragraph of the preceding Article.
The foregoing rules on forfeiture shall likewise apply even if both parties are
in bad faith.

As to the question of rights of Marias daughter Anna, under the
Rules on Succession, she has all the rights as a legitimate child of
Maria and Juan. She shall have the right to use the surname of her
biological Juan. She shall not lose her status as a legitimate child
by the subsequent nullity of marriage of her parents. She shall also
have the right to support based on Article 195 of the Family Code.
She shall have no right over the exclusive property of Oscar.

As to the right and status of children of Oscar with Lucy, the
children shall have have the right over the exclusive property of
Oscar only under thr provision that the illegitimate child shall have
the rights over the legitime in the amount of of that of legitimate
child. They shall have no right over the exclusive property of Maria.
The status of the children are illegitimate since they were born
outside a valid marriage between Oscar and Lucy.

CONCLUSION

The status between Maria and Oscar is null and void for not complying
with the requirement under Article 40, in relation with Article 52 and Article
53. Nevertheless, children born conceived and inside born inside a void
marriage under Article 36 and before finality of judgment of nullity, shall be
considered legitimate.

RECOMMENDATION

I recommend that since the subsequent marriage between Oscar and
Maria is considered void, the rules on co-ownership of property should
govern the business put up with Oscar. Maria should file in accordance
with Article 53 of the Family Code, for the distribution of their properties
and to obtain a nullity decree and have it recorded with the proper civil
registrar.

For your information and guidance

Very truly yours,
Rona Blanca A. Rosos

Find a motion (or memorandum in support) or a brief that launches
straight into a statement of facts. Write a new preliminary statement that
could be inserted at the beginning of the motion or brief. If you're part of
a writing group or class, bring a copy of your summary for each
colleague. Be prepared to discuss the problems in the original and how
you tried to solve them.

ADVANCED

Republic of the Philippines
Regional Trial Court, 5
th
Judicial Region
Branch 54

Pedro dela Cruz
Plaintiff
-vs-
John Corporation Inc.
Defendant
The plaintiff in his complaint prays for the following relief;
1. the sum of 282,186.00 plus 12% interest per annum
2. moral and exemplary damages
3. attorneys fees

REPUBLIC ACT NO. 7691
[2]
provides that;
Section 1. Section 19 of Batas Pambansa Blg. 129, otherwise known as the "Judiciary Reorganization Act of
1980", is hereby amended to read as follows:
"Sec. 19. Jurisdiction in civil cases. Regional Trial Courts shall exercise exclusive original jurisdiction:
xxx xxx xxx
BEFORE
"(8) In all other cases in which the demand, exclusive of interest, damages of whatever
kind, attorney's fees, litigation expenses, and costs or the value of the property in
controversy exceeds One hundred thousand pesos (P100,000.00) or, in such other cases
in Metro Manila, where the demand exclusive of the above-mentioned items exceeds Two
Hundred thousand pesos (P200,000.00)."
xxx xxx xxx

Sec. 3. Section 33 of the same law is hereby amended to read as follows:

"Sec. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts in Civil Cases. Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts shall exercise:

"(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and
intestate, including the grant of provisional remedies in proper cases, where the value of
the personal property, estate, or amount of the demand does not exceed One hundred
thousand pesos (P100,000.00) or, in Metro Manila where such personal property, estate, or
amount of the demand does not exceed Two hundred thousand pesos (P200,000.00),
exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and
costs, the amount of which must be specifically alleged: Provided, That interest, damages
of whatever kind, attorney's fees, litigation expenses, and costs shall be included in the
determination of the filing fees:Provided, further, That where there are several claims or
causes of actions between the same or different parties, embodied in the same complaint,
the amount of the demand shall be the totality of the claims in all the causes of action,
irrespective of whether the causes of action arose out of the same or different transactions;

Sec. 5. After five (5) years from the effectivity of this Act, the jurisdictional amounts
mentioned in Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas Pambansa Blg. 129 as
amended by this Act, shall be adjusted to Two hundred thousand pesos (P200,000.00).
Five (5) years thereafter, such jurisdictional amounts shall be adjusted further to Three
hundred thousand pesos (P300,000.00): Provided, however, That in the case of Metro
Manila, the above-mentioned jurisdictional amounts shall be adjusted after five (5)
years from the effectivity of this Act to Four hundred thousand pesos (P400,000.00).

This clearly shows that the case is not within the jurisdiction of the Regional Trial Court
of Pili because RTCs jurisdiction were doubled as of March 20, 1999 under Sec. 5 of
RA 7691; Circular No. 21-99. The original amount of Php 100, 000.00 which was
increased to Php 200,000.00 will be increased to Php 300,000.00 five (5) years
thereafter. This is in accordance with Circular No. 21-99 which provides that;

The provisions of Section 5 of Republic Act No. 7691 prescribe that "After five years [5]
from the effectivity of this Act, the jurisdictional amounts mentioned in Sec. 19 (3),(4),
and (8),and Sec. 33(1) of Batas Pambansa Blg. 129 as amended by this Act, shall be
adjusted to Two hundred thousand pesos [P200,000.00]. Five (5) years thereafter, such
jurisdictional amounts shall be adjusted further to Three hundred thousand pesos
[P300, 000.00]: Provided, However, that in the case of Metro Manila, the
abovementioned jurisdictional amounts shall be adjusted after five [5] years from the
effectivity of this Act to Four hundred thousand pesos [P400, 000.00]."
AFTER
Republic of the Philippines
Regional Trial Court, 5
th
Judicial Region
___________
Branch 54

Pedro dela Cruz
Plaintiff
-vs-
John Corporation Inc.
Defendant

MOTION TO DISMISS

COMES NOW the Defendant, John Corporation Inc., through the undersigned counsel, appearing
especially and solely for this purpose, and to this Honorable Court, most respectfully moves for the
dismissal of the Complaint because this court has no jurisdiction over the subject matter of the claim.
[1]

DISCUSSION

A cursory reading of the Complaint readily shows that this case is not within the exclusive
original jurisdiction of the Regional Trial Court of Pili.

The plaintiff in his complaint prays for the following relief;
1. the sum of 282,186.00 plus 12% interest per annum
2. moral and exemplary damages
3. attorneys fees

REPUBLIC ACT NO. 7691 provides that;
Section 1. Section 19 of Batas Pambansa 169 , otherwise known as the Judiciary Reorganization Act of 11980 , is
hereby amended to read as follows:
"Sec. 19. Jurisdiction in civil cases. Regional Trial Courts shall exercise exclusive original jurisdiction:
xxx xxx xxx
"(8) In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees,
litigation expenses, and costs or the value of the property in controversy exceeds One hundred thousand pesos
(P100,000.00) or, in such other cases in Metro Manila, where the demand exclusive of the above-mentioned items
exceeds Two Hundred thousand pesos (P200,000.00)."
xxx xxx xxx
Sec. 3. Section 33 of the same law is hereby amended to read as follows:
"Sec. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in Civil
Cases. Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:
"(1)
Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate,
including the grant of provisional remedies in proper cases, where the value of the personal
property, estate, or amount of the demand does not exceed One hundred thousand pesos
(P100,000.00) or, in Metro Manila where such personal property, estate, or amount of the demand
does not exceed Two hundred thousand pesos (P200,000.00), exclusive of interest, damages of
whatever kind, attorney's fees, litigation expenses, and costs, the amount of which must be
specifically alleged: Provided, That interest, damages of whatever kind, attorney's fees, litigation
expenses, and costs shall be included in the determination of the filing fees:Provided, further, That
where there are several claims or causes of actions between the same or different parties,
embodied in the same complaint, the amount of the demand shall be the totality of the claims in all
the causes of action, irrespective of whether the causes of action arose out of the same or different
transactions;

Sec. 5. After five (5) years from the effectivity of this Act, the jurisdictional amounts mentioned in
Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas Pambansa Blg. 129 as amended by this Act, shall
be adjusted to Two hundred thousand pesos (P200,000.00). Five (5) years thereafter, such
jurisdictional amounts shall be adjusted further to Three hundred thousand pesos
(P300,000.00): Provided, however, That in the case of Metro Manila, the above-mentioned
jurisdictional amounts shall be adjusted after five (5) years from the effectivity of this Act to Four
hundred thousand pesos (P400,000.00).

This clearly shows that the case is not within the jurisdiction of the Regional Trial Court of Pili
because RTCs jurisdiction were doubled as of March 20, 1999 under Sec. 5 of RA 7691; Circular
No. 21-99. The original amount of Php 100, 000.00 which was increased to Php 200,000.00 will be
increased to Php 300,000.00 five (5) years thereafter. This is in accordance with Circular No. 21-99
which provides that;

The provisions of Section 5 of Republic Act No. 7691 prescribe that "After five years [5] from the
effectivity of this Act, the jurisdictional amounts mentioned in Sec. 19 (3),(4), and (8),and Sec. 33(1)
of Batas Pambansa Blg. 129 as amended by this Act, shall be adjusted to Two hundred thousand
pesos [P200,000.00]. Five (5) years thereafter, such jurisdictional amounts shall be adjusted further
to Three hundred thousand pesos [P300, 000.00]: Provided, However, that in the case of Metro
Manila, the abovementioned jurisdictional amounts shall be adjusted after five [5] years from the
effectivity of this Act to Four hundred thousand pesos [P400, 000.00]."

Therefore, the said claim is not within the exclusive original jurisdiction of the Regional Trial Court.

PRAYER
WHEREFORE, it is respectfully prayed that the Complaint be dismissed for lack of jurisdiction over
the subject matter of the claim. Other reliefs just and equitable are likewise prayed for.

University of Nueva Caceres, Naga City, Philippines, March 01, 2010

TIP # 40: If you don't understand a form provisionor
don't understand why it should be included in your
documenttry diligently to gain that understanding. If you
still can't understand it, cut it.

If you don't understand a provision, it's probably one that will
come back to bite you in some wayespecially in a contract.
So rather than leave something in, idly supposing there's a
reason for it when no knowledgeable lawyer can say what that
reason is, you're better off deleting it. But remember the part
about diligence: you must sometimes sweat and fret awhile to
discover a meaning before you can safely conclude that there
isn't any.

EXERCI SES

Decide whether you think the provisions described below have any real
meaning. If you're part of a writing group or class, be prepared to
defend your position.

BASIC
BASIC
No savings and loan holding company, directly or indirectly, or through
one or more transactions, shall acquire control of an uninsured
institution or retain, for more than one year after other than an insured
institution or holding company thereof, the date any insured institution
subsidiary becomes uninsured, control of such institution. [12 CFR
584.4(b).]

I'm not sure I understand this sentence. It might mean this: It is
illegal for a savings and loan holding company to obtain control of
an uninsured institution or to retain (for longer than 12 months)
control of any institution that has become uninsured.

BASIC

Spouse is defined as the person to whom the Cardholder is legally
married or the person with whom the Cardholder is cohabiting as husband
and wife and has been cohabiting for at least two years provided that
where there is a legally undissolved marriage and the Cardholder is
cohabiting with a person as husband and wife and has been so cohabiting
for at least two years, the spouse is the person with whom the Cardholder
has been cohabiting.

This is an odd, even surprising provision because it seems to give
the nonspouse in a bigamous relationship more rights than the
bigamist's innocent spouse. It seems to mean this: Spouse means
the person (1) to whom the Cardholder is legally married, or (2) with
whom the Cardholder has been cohabiting as husband and wife for at
least two years. If the Cardholder is legally married but has been
cohabiting with someone outside the marriage for at least two years
as husband and wife, then that someone is considered the spouse.

BASIC

The 911 provider shall not impose, or fail to impose, on Company any
requirement, service, feature, standard, or rate that is not required of
the incumbent local exchange company.

This is a weird contractual provision. If you sign the agreement,
you seem to be violating it no matter what you do. So it seems to
have no genuine meaning at all. But it might be trying to say
something like this: In imposing requirements, standards, and
rates, the 911 provider must treat the Company just as it treats an
incumbent local-exchange company.

BASIC

Interview a lawyer who (1) has practiced transactional law for at
least ten years, and (2) can recall a situation in which a provision
relating to some other deal had meaninglessly crept into draft
contracts where the provision didn't belong. Take specific notes
on the interview. If you're part of a writing group or class, be
prepared to report your findings
INTERMEDIATE
ATTY. ELPIDIO NOLASCO, Lawyer for more than 30 years.

Experience: Provision on employment contract appeared on a draft for a
deed of sale. The problem on multi-tasking and copy-pasting.

Advice: If possible, have an attorney review the contract for you. At the
very least, read the contract carefully, and look for potential problems (like,
"any litigation involving this contract will be conducted in Uganda".) Do not
be afraid to ask for an explanation of any provision you don't understand.
Confirm any explanation you get in writing. You may be able to get the
contracting party to cross out some of the more objectionable clauses if you
have a reasonable argument. If not, at least you will know the risks you are
assuming.

In summation, your written contract is your best protection against legal
disputes. Once you have a good contract the rest is common sense: keep
your wits about you, stay in touch with your client, and if necessary consult
a lawyer.

INTERMEDIATE

Find a reported case in which a party has had to argue that a sentence
or paragraph is essentially meaningless. Write a casenote. Decide
whether you agree with the court's resolution of the issue. If you're part of
a writing group or class, bring a copy of both the case and your casenote
for each colleague.

ADVANCED

[G.R. No. 136423. August 20, 2002]
SPOUSES EFREN N. RIGOR and ZOSIMA D. RIGOR, for themselves and as owners of
CHIARA CONSTRUCTION, petitioners, vs. CONSOLIDATED ORIX LEASING and
FINANCE CORPORATION,

In petitioners memorandum, the sole issue posed is:
"WHETHER VENUE WAS PROPERLY LAID UNDER THE PROVISIONS OF THE CHATTEL
MORTGAGE CONTRACT IN THE LIGHT OF ARTICLE 1374 OF THE CIVIL CODE."
The controversy stems from the conflicting provisions on venue in the promissory note and
the deed of chattel mortgage. Consequently, the decisive issue is the correct interpretation of
the venue provisions in the two contracts. The venue provision in the promissory note reads
as follows:
"It expressly (sic) agreed that all legal actions arising out of this note or in connection with
the chattels subject hereof shall only be brought in or submitted to the proper court in
Makati City, Philippines."
On the other hand, the venue provision in the deed of chattel mortgage reads:
"VENUE. The payment herein mentioned whether covered by notes or not, are payable at
the office address of the MORTGAGEE or its assignee and in case of litigation arising out
of the transaction that gave rise to this contract, complete jurisdiction is given the
proper court of the city of Makati or any proper court within the province of Rizal, or
any court in the city, or province where the holder/mortgagee has a branch office,
waiving for this purpose any proper venue."
ADVANCED
48. Learn how to find reliable answers to
questions of grammar and usage.

If you're at all serious about writing, you'll need to own some
usage guides. They'll arm you with knowledge when language
questions arise.

EXERCISES

Correct the usage errors in the following sentences. Cite a usage guide
that deals with the error in each sentence.

When Margot arrived, Rodney told her that David had laid down
because of his pain. (Laid should be lain.)
DMAU at 40102.
MAU at 175.
AHBEU at 113.
U&A at 170.
DMLU at 512.
S&W at 51.
MEU2 at 327.
TCW at 25455.

BASIC

Mrs. Clements testified that Kenneth was waiving the gun wildly
and pointing it at Bill.

(Waiving should be waving.)

BASIC

Counsel testified that because the testimony would have harmed
her case, she opted to forego it for reasons of trial strategy.
(Forego should be forgo.)

BASIC

Since the Oneida line of cases are now binding federal law in
California, this Court is bound to follow them.

(Are should be is; the subject is line.)

BASIC

The cost of any arbitration proceedings will be born by the party
designated by the arbitrators.

(Born should be borne.)

BASIC
basic
The gas would likely be inventory under the Idaho statutes
defining the term, but these provisions might not apply since they
do not effect Idaho taxable income.

(Effect should be affect.)

BASIC
basic

Texas law prohibits the unjustified interference with a parties
existing or prospective contractual relations.

(Parties should be party's.)

BASIC
basic

For the reasons stated in Jones's initial motion, Jones maintains
that the Court's August 27 order precludes Fillmore from
preceding on count six in this action.

(Preceding should be proceeding.)

BASIC
basic

The laws of the State of Massachusetts (irrespective of its choice-
of-law principals) govern the validity of this Agreement, the
construction of its terms, and the interpretation and enforcement
of the parties rights and duties.

(Principals should be principles.)

BASIC
basic

Neither Mr. Robinson's affidavit nor Plaintiffs deposition
testimony carry the force of law.

(Carry should be carries.)

BASIC

Take two of the usage guides recommended here and find two
others not mentioned. Be prepared to report on each guide's
answers to the following questions:

INTERMEDIATE

Is it ever permissible to split
an infinitive? If so, when?
many experienced legal writers generally remember it as a formal rule that infinitives must
not be split. Thus, avoiding split infinitives is largely an audience-based rule.

Split Infinitive (no longer incorrect): To boldly go where no man has gone before.
No Split Infinitive (preferred by some): The children are allowed to read quietly in the corner.

Sometimes, however, you may need to split the infinitive in order to avoid ambiguities in
your writing.

Example: The boys decided to quickly finish the game.

Here, if quickly was placed after decided the reader would not know if the decision had
been made quickly or if the game was going to be finished quickly.

Adverbs are more mobile within a
sentence than adjectives. All these
sentences mean the same, even
though the adverb quickly is in a
different position in each version. An
adverb modifying a verb may be in
the beginning, middle, or end
position in a clause.

Quickly, the quarterback snapped the
ball. [beginning]
The quarterback quickly snapped the
ball. [middle]
The quarterback snapped the ball
quickly. [end]

The Brothers Fowler started the trouble
when they coined the term fused
participle in their 1906 book The Kings
English to signify when that gerund is
not accompanied by a possessive, but
by a plain noun or pronoun. T
Farther refers to a physical distance,
while further refers to a figurative
distance

Prepare a bibliography of ten usage guides, including at least three
of the ones listed in this section. Write a one-paragraph comment on
each book's strengths and weaknesses.

ADVANCED
Follett, Wilson. Modern American Usage: A Guide. New York: Hill and Wang,
1966.
Prescriptive.
Remarks in the introductory material indicate that the philosophy of the work
is prescriptive. For example, in the introductory article On Usage, Purism, and
Pedantry, Follett says, Skill in expression consists in nothing else than steadily
choosing the fittest among all possible words, idioms, and constructions. In the
introductory article On the Need of Some Grammar, he states, What concerns us
here is that . . . language as the art of self-expression, language as a material
conformable to the rules of creation, remains a subject deserving mans best
care. The usage discussions give evaluative advice about what to
do: imply/infer, demean/bemean, admission/admittance, administer/minister,
implicit/explicit, between/among. For example, the note
for administer/minister says, Medicine, first aid, or other succor is administered to
a person in need. The person so served is ministered to, not administered to. The
note for imply/infer says, Imply is a word for the transmitting end, and infer a word
for the receiving end, of the same process of deduction.
Is 436 pages long beginning with the introductory articles. Contains three
preliminary articles by Follett: On Usage, Purism, and Pedantry, On the Need of
an Orderly Mind, and On the Need of Some Grammar. The appendix contains
two articles by Follett: Shall (Should), Will (Would) and Punctuation. Average
length of an entry is one and one half of a column. Contains essay entries on such
matters as logic, metaphor, needless words, pronunciation, and spelling.

Garner, Bryan A. Garners Modern American Usage. New
York: Oxford University Press, 2003.

Prescriptive.
Remarks in the introductory material indicate that the philosophy
of the work is prescriptive. For example, Garner says in the preface,
I dont shy away from making judgments. He also states that the
purpose of a usage dictionary is to help writers and speakers use the
language effectively: to help them sound grammatical but relaxed,
refined but natural, correct but unpedantic. The usage discussions
give evaluative advice about what to do: clinch/clench,
affirmation/affirmance, hanged/hung, principal/principle, rare/scarce,
restrain/refrain. For example, the note for clinch/clenchsays, Clinch is
figurative, and clench is physical. Hence you clinch an argument or
debate but clench your jaw or fist. The note for rare/scarce says, In
the best usage, rare refers to a consistent infrequency, usually of
things of superior quality. Scarce refers to anything that is not plentiful,
even ordinary things that are temporarily hard to find.
Contains 850 pages of entries. Includes an introductory article by
Garner titled Making Peace in the Language Wars, and two
appendixes: a select glossary and a timeline of books on usage.
Contains a quick editorial guide at the beginning, and a select
bibliography at the end. Average entry length is one third of a column.
Includes many essay entries, listed on a page before the main entries.
Contains thousands of quotations from published sources. Garner
uses wit, as in the entry hanged/hung: Coats and pictures
are hung, and sometimes so are juries. But criminals found guilty of
capital offense are hangedat least in some jurisdictions.
Jespersen, Otto. Essentials of English Grammar. Tuscaloosa, AL:
University of Alabama Press, 1964.

Descriptive/Historical.
Remarks in the introductory matter indicate that the philosophy of the
work is descriptive/historical. For example, the introductory chapter
reads, This book aims at giving a descriptive and, to some extent,
explanatory and appreciative account of the grammatical system of Modern
English, historical explanations being only given where they can be done
without presupposing any detailed knowledge of Old English . . . or Middle
English . . . or any cognate language. Remarks throughout the work
indicate that the work is descriptive/historical in practice. For example,
chapter six on spelling says, At first people could follow no other guide in
their spelling than their own ears: writing thus began as purely phonetical.
But soon they began to imitate the spellings of others, whose manuscripts
they copied, their teachers and their elders generally. Chapter eleven on
relations of verb says, The to-phrase has been constantly growing in
frequency since the first feeble beginnings in Old English, and it has been
extended to many cases where the local meaning of the preposition is
totally obliterated.
The books purpose, according to the introductory chapter, is to prepare
for an intelligent understanding of the structure of a language which it is
supposed that the reader knows already. It is a condensed version of the
exhaustive works The Philosophy of Grammar and Modern English
Grammar. Contains thirty-six chapters covering everything from sounds
and spelling to tense and clauses. Includes an index. Each chapter begins
with a list of its topics, and is broken down into sections, such as 16.1,
16.2, etc. These are further broken down into sections such as 16.1
1
, 16.1
2
,
etc. Contains hundreds of sample sentences, some of which are from
classic literature.
Ross-Larson, Bruce. Edit Yourself: A Manual for Everyone Who
Works with Words. New York: W. W. Norton and Co., 1996.

Prescriptive.
Remarks in the introductory material indicate that the philosophy of
the work is prescriptive. For example, in his authors note, Ross-Larson
states, In the first part of this book I have drawn together solutions to the
more common problems of everyday writing . . . if followed, they can lift
ordinary writing to a plane of greater clarity and distinction. His note before
the second part of the book reads, Nine times out of ten, the
recommendations will give you a sentence that is more clear, more
concise, and the product of a careful writer. Remarks throughout the
work indicate that the work is prescriptive in practice. In chapter one,
Ross-Larson states, Almost any sentence will be improved by trimming
such fatty constructions. He begins chapter two by saying, Some words
are better than others because they are correct, because they are right for
the audience, because the illuminate an idea for the reader, or because
they are preferred by most good writers most of the time. In chapter ten,
on consistency, he says, So, above all, be consistent, even if eccentric.
The books purpose is to help writers look at their own work as an editor
would. Is made of two sections: What Editors Look For, which contains
eleven chapters to improve writing; and What Editors Cut, Change, and
Compare, an alphabetical list of usage recommendations. Each chapter in
the first section is broken down by bold headings. The second section is
meant to be a reference book. The style of the book is conversational but
straightforward.

Rodale, Jerome Irving. The Synonym Finder. Revised by
Laurence Urdang and Nancy LaRoche. Emmaus, PA: Rodale
Press, 1978.

Prescriptive.
The introductory material indicates that the philosophy of the
work is prescriptive. For example, in the introduction, Laurence
Urdang says, Those who work with language know there is no such
thing as a true synonym.. . . Even though two words may be quite
similar in meaning, the substitution of one for the other may not always
be appropriate, and the writers intent may be ill served by his failure to
select themot juste. Does give usage labels. For example, it labels
the phrase let on as informal, and pushover as a synonym for dupe is
labeled slang. Other labels include archaic and literary. Does make
distinctions between synonyms. For example, the entry hoop lists
thirty-six synonyms, but they are listed under three separate uses of
the word. This is typical of entries that can be used as more than one
part of speech, or that have separate meanings.
Contains more than 1,000,000 synonyms. Average length of an entry
is one fifth of a column. The average entry is organized by its uses as
different parts of speech or by its separate meanings. Has a simple
alphabetical arrangement and therefore no need for a separate index.
Contains idiomatic, informal, and slang expressions. Labels rare,
archaic, and specialized terms. Has minimal cross references.

Turabian, Kate L. A Manual for Writers of Research Papers,
Theses, and Dissertations: Chicago Style for Students and
Researchers. 7
th
ed. Chicago: University of Chicago Press, 2007.

Prescriptive.
Remarks in the introductory material indicate that the philosophy of the work is
prescriptive. For example, the preface says, These technologies have not altered
the basic task of the student writer: doing well-designed research and presenting it
clearly and accurately, while following accepted academic standards for citation, style,
and format. Remarks throughout the work indicate that the work is prescriptive
in practice. Chapter nine begins with an appeal to thoughtful writing: Some new
researchers think that once they have a draft, theyre done. Thoughtful writers know
better. Turabian also gives specific writing guidance, as in chapter sixteen: So unless
you have only a handful of sources or your instructor tells you otherwise, always
include both notes and a bibliography in your papers. The appendix reads, When you
are writing a thesis, a dissertation, or a class paper, you must observe certain format
and style requirements for the paper.
The book, as its title states, is written specifically to help students with the writing of
research papers. Contains an appendix: Paper Format and Submission. Is made of
three parts: Research and Writing: From Planning to Production, Source Citation,
and Style. These parts are broken down into twenty-six chapters, that are further
broken down into sections, such as 2.1, 2.3, etc. These are further broken down into
smaller sections, such as 2.1.1, 2.1.2, etc. Each chapter begins with a list of these
numbered subcategories included in the chapter. Chapter eight is a special chapter
titled Presenting Evidence in Tables and Figures, that has many visuals of tables and
figures. Contains citation models from published sources. Includes an extensive
glossary of books and reliable Web sites that would be helpful in several fields of
research. Includes an index. The book is meant to be a reference book. Includes
information about using the Internet as a research tool and how to document internet
citations.

Chapman, James A. Handbook of Grammar and
Composition. 4
th
ed. Pensacola, FL: A Beka Book, 2003.

Prescriptive.
Remarks in the introductory matter indicate that the philosophy of the work is
prescriptive.The preface reads, Provides a complete treatment of those elements
necessary for clear and effective writing. The first four sections of the Handbook thoroughly
teach the rules of grammar, sentence structure, word usage, and mechanics. Insists on
correct pronoun case. Chapman lists they, them, their, theirs as plurals in the personal
pronoun list. In section twenty, he states, The antecedent to which a pronoun refers must be
clear and unmistakable. Encourages the use of common gender. Section nine says,
Antecedents ofcommon gender (sex not known) are referred to by he, him, his. Insists on
correctness in grammar.Chapman freely uses the terms correct and incorrect. For
example, in section forty-two, he says, It is always correct to apply rule 42.8; however, if the
clauses are very short, the comma is sometimes omitted when there is no possibility of
misreading the sentence. Emphasizes distinctions in word usage. Contains a glossary of
diction that distinguishes between commonly confused words. The section is fourteen pages
long. Often misused words are shown in sample sentences. One sentence is labeled
incorrect, and one is labeled correct. For example, Sure, surely. Sure is an
adjective; surely is an adverb. Incorrect: You were surefortunate to find such a bargain.
Correct: You were surely fortunate to find such a bargain. Includes traditional
diagramming. The diagramming chapter is fifteen pages long.
The book is intended for use beginning in high school and through college, as a textbook
and a reference book. Is composed of six parts, each of which are color coded on the edges:
Grammar for Composition, Composing the Sentence, Choosing the Right Word,
Mechanics for Writers, Compositions, and the Research Paper. These are broken down
into sixty-nine numbered sections, which are further broken down into numbered
subsections. Includes an index. The inside front cover contains a handbook key, which is a
condensed table of contents. The inside of the back cover lists correction symbols for
composition. Includes composition models from published works, and in the research paper
part, composition models from students. Many sample sentences are taken from classic
literature and the Bible, and promote good character.

Abad, Roberto A. The Fundamentals of Legal Writing,
Omni-Prex, Corp. (2004).

This popular paralegal-specific text introduces the skills of
reading and analyzing court opinions. It focuses on briefing
cases and applying case law in legal memoranda and
advocacy letters. This is a major revision with new cases
and expanded writing chapters.
Macaraig-Guillen, Marissa Pointers to Improve Legal
Writing

If you are taking a legal research class, learning to write or understand "Internal Opinions",
write briefs or just plain improve your legal research skills; this is the book for you.

It goes into intense detail on the steps to reading a case, how to brief a case, and how to
write your case analysis, internal memo's etc. If you are planning to go to law school, you
may want to read this text book. This is subject matter that is covered in your first year of
law school. If you have limited or no experience in reading briefs, then it will come in
handy. This book does give a quick introduction to IRAC for the new law student.

The sections on Identifying the case, history, objectives, parties, key facts, theories,
holdings, issues, reasoning, etc. are priceless and well worth the cost of the book itself.
Additionally, each chapter goes over the rules in such a manner as to introduce you to
legal writing in a sensible easy to learn method (if you can refer to legal writing as ever
being "easy"). The best part of this book is that it gives you the basis to write persuasive
papers that are not full of useless legal argot that would offend the intelligence of the legal
reader. It is to the point.

I should point out that it has helped me be at the top of my legal classes by giving me the
basis from which to organize, write and present my papers. I recommend it as a good
source to build from.
Ulep, Mauricio C. Basic Legal Writing, Rex Bookstore,
Inc. (2002)

Legal writing can be very confusing, especially for a
student just entering law school. Fortunately, this text
explains how a student can read legal cases, laws, and
statutes without getting confused. This book teaches
students how to read various legal items and concisely
write legal papers to reflect what another person needs to
argue in order to win a case. Great book for legal writing
and strongly recommended for any law school student.

THANK YOU!

Session 10 - Application of Newton - S Laws PDF

Hochgeladen von

Dokumentinformationen

Originalbeschreibung:

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Session 10 - Application of Newton - S Laws PDF

Hochgeladen von

Copyright:

Verfügbare Formate

Application of

(tcrmnl sccJ, uJ rcsstncc = :

acts on it in the same

done on the body by all the forces

= my involves characteristics of both the body (its

Das könnte Ihnen auch gefallen