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STAGES OF WRITING that the law forbade it, you can invoke the provision of the civil

Pre-work- you are at the beginning of your writing assignment and code that “ignorance to the law excuses no one”
are looking at the facts and evidence of the case as they are made Rules of courts provisions- where the accused offers money to the
available to you complainant for dropping the case you can cite the provision of
the Rules of Court that “an offer of compromise by the accused
Write- up- transforms the sketches and outlines you produced may be received in evidence as an implied admission of guilt”
during pre-work into a full draft of paper required of you.
Judicial Precedents- most convenient source of argument
LEGAL WRITING STANDS IN 2 LEGS
-The facts Structure of a memorandum, opinion, brief, petition, comment,
-The laws involved in the case position paper, decision, or similar legal writing

How to locate the right law and legal precedents STATEMENT OF THE CASE
First. Identify the general nature of the legal dispute involved STATEMENT OF FACTS
Second. Having become familiar with the facts of your case search PLAINTIFF VERSION OF THE DEFENDANT’S VERSION OF THE
for legal precedents that have more or less parallel facts. FACTS FACTS
THE ISSUE OR ISSUES
ISSUES (SRIFLT)
BODY OF ARGUMENTS
Subordinate controlling issues
RELIEF
Relevant Issues
Irrelevant issues
WRITING THE ARGUMENT
Factual issues
-Jump off points
Legal issues
-three statements of argument
Threshold issues
-persuasive arguments
-convincing rule statement
*Every sound legal argument is a combination of the right rule and
-convincing fact statement
the right fact
-correct conclusion statement
-positioning variation
3 statements of argument
-building blocks of argument
rule statement- the statement of a rule that applies to a given fact
-omitted statement
or set of facts
-closing statement
case fact statement- the statement of the fact of a particular case
-prayer
that opens up such case or closes it to the application of the rule
conclusion statement- the conclusion that the rule applies or does
Tightening your work
not apply to the particular case
-Language Problems
-Needless words
Classic Categorical Syllogism
-active versus passive voice
Major premise: All men are mortal
-third person speaks
Minor premise: Jose is a man
-block quotations
Conclusion: Jose is mortal
Passive voice- indirect, limp and weak
Major Premise: statement of a generally accepted rule or truth
Ex: Abel was killed by Cain
Minor Premise: is a statement that brings a particular thing or
Active voice- direct, vigorous and strong
individual within the class or situation covered by the generally
Ex: Cain killed Abel
accepted rule or truth.
Conclusion: a statement that follows after the major and minor
premises, deducing that the generally accepted rule or truth
applies to the particular thing or individual.

Key fact- when its presence in the case opens up such case to the
application of the rule

RULE
-Has a broad scope
- includes case laws or judicial precedents
-includes widely accepted truths that derive from logic, common
sense or even common experience

Knowing the applicable Law or Rule, includes legislated rules like:


Constitutional Provisions- in here you can invoke the
constitutional provision that “private property shall not be taken
except upon payment of just compensation”
Statutory provisions- where your opponent’s client pleads lack of
liability for a wrong he has committed because he did not know