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MEMORANDUM WRITING (Notes from ASG Guillen's Lecture) Preliminary:

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Be Simple. Avoid Legalese Statement Be Humble. in order to be persuasive Be Concise. Disregard unnecessary statements. Use Active Words. For visualization purposes. 5 Sentence quotation of the cited case. Block your quotation. Use connective sentences Stick to concrete words. Divide the discussion with appropriate heading 1 argument-1 page (as much as possible)

Memorandum:

1. 2. 3. 4. 5. 6. 7.

Statement of the Case Statement of the Facts Statement of the Issue Arguments Relief Closing Statement or Concluding Statement Prayer

How to frame your argument.

1.

Rule your statement. 2. Write the particular facts of the case and support such by presenting evidence (acts+law) (Judge talks about THESIS STATEMENT... di ko maintindihan notes ko dito... ang labo)

There are two way s to argue:

1. 2.

BUILD your Facts or DESTROY the facts

Build facts by:

a. b. c. d.

Favorable testimony which comes from a credible witness. State the build-up statement elements to be proven each elements are proven by testimony or evidence Arguments which destroys

a.

"Irrelevant" -does not help the issue one way or the other

How to ARGUE: 1. 2. 3. 4. 5. Be persuasive and convincing. Provide a clear statement of the thesis. Stand on a particular legal point. There must be a clear position of what is to be taken Acknowledge the position of the opposing side. However, note that you must also do the following:

a. b. c.
Arguing in your favor:

Include an explanation why the court should disregard the position of the opposing side. (State: why unmeritorious, without basis and position is invalid) Without factual or legal basis.

Appeal on the good sense of the judge why your position is to be taken. Use the following words "As a final note", or "In fine" or "All told, no leg to stand on" Difference between Legal Issue and Factual Issue:

1. 2.

Factual Issue: Stipulation Legal Issue: Prioritize over the factual issue Factual No agreement as to thing or event that happen and it depends on the type of the case. Legal Issue: Disagree on a thing or occurrence.

Flesh out the Argument Jurisdiction of the Court Topic heading Sub-topic heading

Cite element Precedents Rulings on evidence Provide a correction citation

Frame your Issues: Whether or not This will depend on the issue involve Do not frame too many issues Do not put 3 or more pages for the issues Always write the relevant facts Determine what law and rules are applicable Statute laws: Consti. Rules of SC, Executive, Local laws, Regulations and administrative orders, IRR. Case Law: Legal precedent, be sure it is the applicable law. Do not use WIKIPEDIA as source. (Opposing Side) 1. 2. 3. 4. 5. 6. 7. 1. 2. 3. 4. Counter-statement of facts: General Statements: Information- what is stated in the info. Ultimate facts of the complaint Relevant facts. Always portray goodness of the plaintiff. Casual mention of the defendant. Detail does not add to your cause do not mention it. Court refusal to allow defendants reason. Deny due process. Statement of facts. Procedural irregularity.

MEMORANDUM

Comprehensive statement & arguments Convincing End trial last party doing memorandum Contents -everything from initial to some portions

PRE-work stage of the legal dispute 1. 2. 3. 4. Outline What is the legal dispute Perceived violation of a right Recognize violation.