LEGAL WRITING AND FORMS

Guidelines for Clear Legal Writing* 1. Write short sentences 2. Put the parts of each sentence in logical order 3. Avoid intrusive phrases and clauses 4. Untangle complex conditionals 5. Use the active voice whenever possible 6. Use verb clauses and adjectives instead of nominalizations 7. Use the positive unless you want to emphasize the negative 8. Use parallel structure 9. Avoid ambiguity in words and sentences 10. Choose vocabulary with care 11. Avoid noun strings 12. Eliminate redundancy and extraneous words; avoid over specificity 13. Use an appropriate style * Writing Clearly, Charrow, Veda R. & Erhardt, Myra K. Clean and Effective Legal Writing Guidelines in Using Words Do not use illiteracies e.g. Inappealable Unalienable Irregardless Unequivocable Undoubtably UNAPPEALABLE INALIENABLE REGARDLESS UNEQUIVOCAL UNDOUBTEDLY

Use single words in place of several words or phrases e.g. LIKE ALONG THE LINES OF UNTIL UNTIL SUCH TIME AS NOW AT THIS POINT IN TIME WANT HAVE THE DESIRE TO WHILE DURING THE TIME THAT Do not use redundant or unnecessary words e.g. Actual facts all facts are actual Advance planningplan means to devise ahead End result result is the end itself New innovation innovation means something new Do not use synonymous words joined as a single term e.g. Null and Void True and Correct Free and Clear Full and Complete Use with care words with special legal meanings e.g. CURE ordinary meaning is to heal (It cures asthma); legal meaning is to correct (The voluntary appearance cured the lack of summons) MATERIAL ordinary meaning is substance; legal meaning is of the essence

Use with care word-pairs that are confusing and often interchanged e.g. A law / The law - a law means a particular legal precept (AntiFencing Law). The Law means something general and abstract (Criminal Law) Remember that absolute words are not subject to comparison e.g. BEST PERPETUAL RREVOCABLE Use idiomatic expressions to give life to your sentences e.g. A financial meltdown a financial failure Force the pace to put pressure Arm and a leg an exorbitant price Other fish to fry other more important things to do Use the appropriate word, not the almost appropriate word. Be accurate in the choice of words. e.g. Consecutive / Successive Both mean the following but the former implies an uninterrupted progression; the latter, a broken sequence with interruptions. Farther / Further The former refers to literal or physical distance; the latter to all other senses, such as additional degrees, time or quantity. A change in the preposition used after a verb will change the meaning of the verb e.g. On behalf of refers to a principal agent In behalf of in someones interest or place Agree with to concur in opinion (agree with the mayor) Use the correct preposition after the verb e.g. Accused OF, not WITH Charged WITH, not OF Abreast OF, not WITH, the political development Do not add a preposition after the following verbs e.g. FURNISH not furnish WITH a copy EXPLAIN not explain ABOUT REQUEST not request FOR a copy Avoid ambiguities Use abbreviations properly Watch your spelling Watch out for words which are commonly misspelled Use economy of words Use word saving syllables Use a single adjective to do the work of a phrase Use short words which are usually clearer, crispier and more exact Be consistent in using the same word for the same idea In using synonyms be sure they carry the same connotations as the words you want to replace Repeat important words for emphasis American English Spelling Acknowledgment Judgment Abridgment British English Spelling Acknowledgement Judgement Abridgement

Labor Traveling Sizable Legal Age

Labour Travelling Sizeable Full Age

* Prepared by the Philippine Judicial Academy for Judges and Court Attorneys What Bar Examiners Are Looking For Familiarity with the law and jurisprudence Ability to spot the issue Logic and reasoning ability Forcefulness of language Beauty of language Citation of legal maxims, specific cases or provisions of law Conciseness *HOW TO PASS THE BAR EXAMS IN 30 DAYS (Guerilla Tactics in Bar Exams Preparation), Atty. Manuel Jose R. Oyson III, 1998 Edition, p. 15 How to answer Questions in law exams It must be clear It must be precise It must be effective It must be concise e.g. Question No. IX, 1999 Bar Exam* FACTS: In the illegal dismissal case filed by Sharon Cometa against Up & Down Company, the labor arbiter rendered a decision directing her immediate reinstatement and payment of full backwages. The Company appealed to the NLRC. Following her lawyers advice that the reinstatement aspect of the decision is immediately executory, Sharon went to the HRD Office of the Company and demanded immediate reinstatement. When the company refused, her lawyer, Atty. Maximiano Anunciacion, filed a motion to cite the employer in contempt. Acting on the motion, the NLRC ordered the payroll reinstatement of Sharon Cometa. QUESTION: 1. Can the company or any of its officials be cited for contempt for refusing to reinstate Sharon Cometa? SUGGESTED ANSWER: Yes. The company or any of its officials can be cited for contempt. It is noted that in his decision, the Labor Arbiter specifically directed the immediate reinstatement of Sharon Cometa. This directive under the Labor Code (Article 223) is immediately executory, even pending appeal. (Pioneer Texturizing Corporation v. NLRC, 280 SCRA 806) * Suggested Answers to the 1999 Bar Examination Questions In Labor Law, UP Law Complex Finding Your Case Supreme Court Reports Annotated e.g. VOL. 302, January 29, 1999 363 Development Bank of the Philippines v. Court of Appeals G.R. NO. 119712. January 29, 1999* DEVELOPMENT BANK OF THE PHILIPPINES and ASSET PRIVATIZATION TRUST, petitioners, vs. COURT OF APPEALS and CONTINENTAL CEMENT CORPORATION, respondents.

How to digest cases under the Supreme Court Reports Annotated (SCRA) Writing / Drafting the facts of the case- the shorter the facts, the better Identifying the Issues- stick to the subject of your digest Writing the ruling / decision- be responsive to your issues