LEGAL WRITING I

“xxx Some say that the ability to write is a natural gift that is not available to all. This
might be true. But the fact that you have gotten this far in your studies gives you the
right to assume that you have the gift to write. All you have to do now is improve on your
gift.” – Associate Justice Roberto Abad

Professor: Atty. Nashmyleen A. Marohomsalic

Principal Reference:
Abad, Roberto A., Fundamentals of Legal Writing, 2009.

Secondary References:
Dean Tabucanon, Gil Marvel P., Legal Writing: A Competency Based Approach, 2010.
E.B., White, William Strunk, Jr., The Elements of Style, 4th Edition, 1999.
Ateneo Law Journal, Legal Citation Guide (2011), or The Bluebook: A Uniform System
of Citation.
Philippine Judicial Academy, Fundamentals of Decision Writing for Judges, 2009.
Supreme Court of the Philippines, Manual of Judicial Writing.

I. Course Description/Objectives

A course in legal writing technique. It involves application of basic legal

research and legal bibliography, case reporting, case analysis, problem
solving, legal reasoning, critical writing, and legal terminology. Students are
assigned conflicting decisions, legal problems, and hypothetical cases.

The course is designed to introduce the students to the broad range of legal
writing from the viewpoint of the law student, client, professor, lawyer, and
judge. In the end of the course, the students are expected to learn how to
present ideas clearly, concisely, and accurately.

II. Course Outline

Module Topic Readings

1 Introduction to the Course
a. Importance of Legal Writing
b. Review of Rules of Grammar
“What is ‘Good Legal Writing’
and Why Does it Matter?” by
Mark K. Osbeck, 4 DLR 417, pp.
417-422
“Elements of Style” by Strunk,
W., Jr. and White, E.B., 4th
Edition

Fundamentals of Decision
Writing, pp. 122-130
2 Doctrines Fundamentals of Decision
Writing, pp. 7-32; 109-121
a. Definition and source of case law Manual of Judicial Writing, pp.2-
b. Doctrine of stare decisis 8; 35-38
c. Object of the doctrine
d. Necessity of adherence to the doctrine
e. Test as to authority of decision as
precedent
f. Concept of obiter dicta
g. Parts of a decision
 h. Headnotes or syllabus
i. Opinion vs. Decision
j. Decision vs. Judgment
k. Kinds of Opinion
3 Legal Writing Tabucanon, pp. 1-5
a. Definition and types of legal writing
b. Broad categories of legal writing (Legal
analysis and legal drafting)
c. Definition of terms
4 I. Stages of Legal Writing Abad, pp. 1-12
II. Importance of drafting an outline
III. The Legal Dispute vs. Legal Issue
5 Matters of Style: Tabucanon, pp. 125-165
Manual of Judicial Writing, pp.
Numbers, Punctuations, Capitalization, etc…. 1-26, 38-53
Fundamentals, pp. 122-137
6 The Facts Abad, pp. 13-46
a. Random Notes vs. Summary
b. Facts seen through issue
c. Cluttered facts
d. Relevant facts
e. Facts set in sequence
7 The Issues Abad, pp. 54-69, 94-120

a. Issues in multiple legal disputes

b. Subordinate controlling issues
c. Relevant vs. irrelevant issues
d. Factual vs. legal issues
e. Correct statement of the issues
f. Threshold issue
g. Introducing the issues
8 The Laws/Arguments Abad, pp. 47-53, 70-93, 121-148
Fundamentals of Decision
a. Sources of Law/Facts re-examined Writing, pp. 61-69; 93-114
b. Balanced presentation Rule 44, Sections 13-14
c. Anatomy of a legal argument
d. Creative thinking
e. Arguments that build up
f. Arguments that destroy
g. Logical Reasoning/Legal Arguments/
legal reasoning (get source)
h. Structuring Arguments
i. Models of Argumentation (Classic,
Toulmin, Rogerian)
j. Modes of Legal Reasoning (Rule-based, Tabucanon, pp. 27-32
Analogical, Policy-based, Narrative
reasoning)
k. Fallacies Logic for Filipinos, 191-211
9 I. ABC’s of Legal Writing Abad, pp. 149-190
Fundamentals of Decision
(framing issues that immediately capture Writing, pp. 33-48
the reader’s attention, cutting the verbosity Osbeck, pp. 423-440
that wastes readers’ time, achieving the Tabucanon, pp. 6-26, 54-62
continuity that lets your arguments flow
naturally, composing your writing projects
most efficiently, and quoting authority

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 more effectively)
II. Legalese Writing Abad, pp. 191-208
Tabucanon, pp. 63-86
10 Different types of Legal Correspondence Abad, pp. 209-219
a. Office Memorandum Tabucanon, pp. 87-100
b. Demand Letter
c. Legal Opinion Letter (to a client)
11 Importance of Editing and Revising The Writing Process: Drafting,
Revising, and Editing by the
Fountainhead Press
12 Introduction to Legal Bibliography Tabucanon, pp. 166-168
a. Scope of the study of legal bibliography
Ateneo Law Journal, Legal
b. Importance of legal bibliography Citation Guide (2011)
13 Rule on Citations In the Matter of the Charges of
Plagiarism Plagiarism, etc., Against
Quotations Associate Justice Mariano C. Del
Castillo, A.M. No. 10-7-17-SC,
February 8, 2011
Vinuya v. Romulo, G.R. No.
162230, April 28, 2010
University of the Philippines
Board of Regents v. CA, G.R. No.
134625, August 31, 1999
Rule 10 of Code of Professional
Responsibility
Manual of Judicial Writing, 26-
31, 54-73
14 Writing a Complaint Rule 6, Sections 1-3
Rule 7
Pleadings, Parts of a Pleading, Manner of Rule 8
Making Allegations in a Pleading, Effect of Rule 9
Failure to Plead Rule 110, Sections 1-12,15
Tabucanon, pp. 101-124

III. Course Requirements and Grading System

Class Recitations 20%

Quizzes 20%
Office Memorandum, Legal Opinion,
Demand Letter, etc. 35%
Complaint 25%

IV. Course Policies

1. All assignments are mandatory and must be turned in on time. All

assignments must turned in:
(1) via email no later than 2:00 p.m. on the due date to the following email
address: nashmyleenmarohomsalic_law@yahoo.com; AND

(2) by submitting a hard a copy to the Administrative Office of the College

of Law no later than 5:00 p.m. on the due date. Assignments must be
attached as a word document in a format compatible with Microsoft Word

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 2010 with the filename: LastName_Type.doc
(Marohomsalic_Complaint.doc).

2. Academic Honesty: all work is expected to be the student’s own original

work.

3. “Collaboration on assignments is strictly prohibited unless explicitly

permitted by the instructor. When collaboration is permitted, students
must acknowledge all collaborations and its extent in all submitted work.”