ADVANCE LEGAL WRITING
HANDOUTS FOR CHAPTERS 8 AND 9
Chapter 8
INTRODUCING THE ISSUES
LEGAL WRITING: the things that lawyers write to win
others to their point of view
Goal: deliver your POV or Argument
HOW?
TELL YOUR READER/S FIRST the circumstances of the case
that brought about the ISSUE:
• Background of facts
• Issue/s
Why do we need to state the facts again in the
introduction?
- Most lawyers would often hit the judge directly
with their argument without adequately
introducing the issue that they present to him for
resolution. They WRONGLY ASSUME THAT THE
JUDGE HAS THE BACKGROUND OF FACTS.
The odds are he would not because:
1. Attention span of human beings is quite limited
2. Hearings in the Philippine system is piecemeal
3. It is possible that the judge had gotten the facts
wrong from past pleadings or during the hearing
4. Justices of the Appellate Court need to be apprise
of the facts because they did not hear the evidence
and they rely on the lawyer’s summaries.
Sufficiency of Introduction
- Put only as much background facts as are needed
for an understanding of an issue that the parties
present.
2 statements to introduce the issue/s in a case:
1. STATEMENTS OF THE CASE
• The purpose of the statement of the case is to
provide a clear and concise statement of the
nature of the action, a summary of the
proceedings, any challenged order or decision
issued, and other matters necessary for
understanding of a controversy.
• Keep it short. Do not include service of summons,
holding of a pretrial conference, and the
allegations of parties in the pleadings.
• Simply mention the basic legal disputes that the
claims of the parties produced.
• Lawyers often quote criminal information as part of
their statement of the case - UNNECESSARY unless
the allegations in the information are an issue.
2. STATEMENT OF FACTS
• Narrates the transaction or event that created the
legal dispute and led to the filing of the suit
• Usual concern: WoN your statement of facts
should present only your client's version of the
facts of the case
• The statement of facts, like the statement of the
case, is neither intended as nor is the place for
arguments.
• Its function is to introduce the issues that the case
presents.
• By fairly showing the conflicting claims of the
parties, the court or the reader can truly
understand the issues that divide them.
Structure of a memorandum, opinion, brief, petition,
comment, position paper, decision, and other similar legal
writing:
Alo, Awing, Cadorna, Dagcuta, Feliciano, Lanzaderas,
Manabilang, Munder, Waminal, Zambas
STATEMENT OF THE CASE
STATEMENT OF FACTS
PLAINTIFF’S VERSION OF DEFENDANT’S VERSION OF
THE FACTS THE FACTS
THE ISSUE OR ISSUES
BODY OF ARGUMENTS
RELIEF
RELIEF
● The final section in a pleading
● It is also commonly referred to as a “WHEREFORE”
clause.
● The catch-all “equitable relief” clause prevents you
from limiting. Shows lack of your imagination.
● A sample order, rarely does a judge enter it en
toto. The judge will review the order and adjust it
accordingly. Overall, it is a much more formal
practice.
SHORT INTRODUCTIONS
● To introduce the issue, BRIEF background of
the facts of the case must be presented
● Not limited to submitting a memorandum but
also on incidental issues
Motion to Quash a criminal information
- This can only be understood if the argument is
preceeded by recital of information that the party
seeks to quash.
Opposition to a Motion for Postponement
- Statement of facts - minimum requirement for
understanding the issue that his opposition tenders
Petition for Review
- Respondent’s Comment on Petition
o To enable the court to recall what the
case is about and appreciate the comment
- Petitioner’s Reply to the Respondent’s comment
o The Reply should itself recall the
antecedents of the case
o Must be lean and terse
o Reminder only and not full repetition of
what had been previously said
Chapter 9
WRITING THE ARGUMENT
WRITE UP STAGE
1. Putting flesh and color to the arguments
2. Making the closing statement
JUMP OFF POINTS
What is a jump-off point?
- A topic statement that signals or defines the
direction of the argument
2 ways to jump-off
1. Briefly stating the opponent’s claim
o with the intention of defining the area
that your argument will attempt to assail
2. Stating your thesis or proposition
o With the intention of supporting it with the
argument that follows
3 STATEMENTS OF AN ARGUMENT
1. THE RULE STATEMENT
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ADVANCE LEGAL WRITING Alo, Awing, Cadorna, Dagcuta, Feliciano, Lanzaderas,
HANDOUTS FOR CHAPTERS 8 AND 9 Manabilang, Munder, Waminal, Zambas

o The statement of a rule that applies to a ● In presenting a multiple points in favor of your
given fact or set of facts view, put then in a numbered series.

2. THE CASE FACT STATEMENT

o The statement of a fact of a particular Correct conclusion statement
case that opens up such case or closes it How?
to the application of the rule ● Simply draw an inference that the fact of a
particular case opens it up or closes it to the
3. THE CONCLUSION STATEMENT application of the rule that governs such case.
o The conclusion that the rule applies or ● Recognize and understand each statement and
does not apply to the particular case reinforce the most valuable.
● It aims to enables you to destroy your opponent’s
Making a balance sheet argument thesis or proposition by attacking the essential
statement of his argument.
Statement Usual Correct statement/
Positioning Variation
statement Full argument
● Conventionally, arguments are started off with a
statement of the applicable rule, followed by a
RULE “For a woman, “Filipino practice and
statement of the case fact, and ended by a
it was not likely tradition in the rural
conclusion.
for Julia to areas tend to protect
● However, even if the conventional sequence is not
walk home women, especially young
followed, one’s argument will make sense so long
alone in the girls, when they go out
those three essential elements are strung along
middle of the late in the evening. When
whatever may be their order or positions.
night.” the girl attends a party,
the host usually arranges
Building Blocks of Arguments
for a relative or a fiend to
● Every sound legal argument takes shape, using as
walk her home.”
building blocks the three essential statements: the
CASE FACT “Julia said that “In this case, Julia, a rule, the case fact, and the conclusion.
she did.” young girl raised in the
rural areas, testified that Omitted statement
she walked home alone ● Essential elements – rule, case fact, conclusion
after the wedding party – can be omitted from an argument if that
although it was already element is SO EVIDENT that it goes without
late at night and she had saying, thus, leaving it to your reader to draw his
to walk across rice fields own conclusion.
to get home.” ● DANGER! Too much presumption leads to
vagueness and ambiguity.
CONCLUSION “Therefore, she “It may be inferred from ● In case of DOUBT, it is best to completely
must have this that she had not told deploy all the essential statements in the
lied.” the truth. Indeed, it argument.
seemed more probable
that her sweetheart, Closing statement
Ronald, escorted her ● The idea is to depart on a good note after
home.” packing your pleading with every sort of argument
in support of your stand.
● It should not appear to argue even if it may
appeal to the good sense of the judge exercised in
Importance of the 3 essential statements of the your favor.
legal argument: ● HOW? Recall to reader the TRUTHS that underlie
● The effectiveness of your argument depends on every good decision in identical cases – where
how ably you write up each statement of your he cannot beg to disagree.
argument into a convincing part
● Enables you to dismantle your argument, reinforce
or improve the weak parts,emphasize the strong
and put them together again to produce a
persuasive argument

CONVINCING RULE STATEMENT

1. Rule you propose is correct
2. Key fact to which the rule applies is similar to
(or different from) the case fact

CONVINCING FACT STATEMENT

● The parties to the dispute could agree that a
specific rule governs a case but they are unable to
agree whether the key fact to which it applies.

What should we bear in mind in creating a convincing fact

statement?
● Several arguments could be clustered to bring
home just one major point.
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