Is ‘Legal Writing’ writing legal?

Legal Writing is defined by Wikipedia as ‘a type of technical writing used by legislators, lawyers, judges, and others in law to express a legal analysis of legal rights and duties.’ While my professor discusses that Legal Writing is employed specifically to secure a relief, to give opinion to a specific question of law, or for direct personal recourse, which may be defined according to (1) who is the user, and (2) what is its use. Legal Writing is distinguished from other forms of writing with its citation to authority, importance of precedents, use of vocabulary, and form/procedures in writing.

Legal writing is known for being well-cited. Its claims are always anchored to law, jurisprudence, customs, and other standards that support its viability. A person in law would employ a standard for every event. This feature also serves as the root for the concept of stare decisis and res judicata, whereby a formerly settled principle of law is protected from disturbances, except upon a new judicial order or decision. That is, the value of precedents.

Another feature of legal writing is its unique vocabulary. Legal writing uses a variety of words, from specialized words, to everday words, to archaic words, to loan words. A legal writer must have a chest of vocabulary at hand.

And lastly, the form of writing. Legal writing follows a basic form yet a unique formulation. Going on with the procdures, there are 3 basic steps in legal writing: (1) Pre-writing, (2) Writing, and (3) Post-writing.

Pre-writing involves the following steps:
- Identify the object or cause of action
- Identify the best means or vehicle to communicate the object (Whether it should be a manifestation, a brief, a pleading, a memoranda, etc.)
- Identify the form/structure (What are the basic components of the material that you will be writing, i.e. header, introductory line, etc.)
- Identify the pertinent content or details
- Identify the law or rules applicable to the case
- Identify the proposition or the recommended course of action that should be taken

In the writing stage, the following are the steps to be taken:
- Give an introductory paragraph that should give a gist of what is in the body and what the readers should expect
- Identify the antecedents of the case. There are two types of antecedents:
(1) Procedural antecedents deal with the history of the case (it provides whether it is an appeal or a new case), or
(2) Factual antecedents which give a chronology of events or a narration of the case.
Under the second type of antecedent, there are two forms:
(2.1) Narrative which is like story-telling, and
(2.2) Reportorial which is mostly used in complex or voluminous crimes and uses headings and sub-headings to show the logical flow of events.
- Identify the issue of the case. It can either be:
(1) Factual issue (disputes regarding the presence or absence of a thing at the time of the event), or
(2) Legal issue (dispute as to the meaning of the event)
- Give a discussion of the facts and issues presented. This part of the writing is where the writer has the liberty to use his/her own style of writing.
- Provide a conclusion. Most writers would want this part to be given with a punch to be remembered by readers.

And last but not the least, no legal writing should end without passing through post-writing. The last stage would involve reviewing, proofreading, and rewriting. The two types of editing would be:
(1) Formal, which deals with the basics of form like margins, spacing, alignments, etc. This part is important especially on certain types of documents where form prevails over substance like wills, donations, and manifestation (should not have a prayer), since a wrong form in these documents may amount to trashing said documents or may be a ground for dismissal, without the judge even reading your material.
(2) Substantive, which deals on the overall relevance and coherence of your piece.

Following these steps should allow one to write as a person in law. That is ‘Legal Writing’!. But writing legal is another matter to discuss. The latter will deal more on the substance and content and may vary on a case-to-case basis. As a general rule, the substance must prevail over form, with the exception as discussed above. Therefore, writing legal is a greater task that we are yet to learn later on, not just in the professional school, but in real practice and experience.

2 comments January 29th, 2008

Hip Hop International 2007 (World Finals)

Philippine All Stars (2006 1st placer) placed 3rd

Kaba Modern (short for Kababayan or fellow Filipino) placed 2nd

Eclectik from Trinidad and Tobago placed 1st

2 comments January 28th, 2008

The Internet Marketing Bootcamp: Learn the Industry Trends

In recent years, the Internet has become a potent tool for selling products or services. It has also opened employment and income-generating opportunities to many Filipinos. So much so, Internet marketing has become the latest buzzword in the online sphere.

A series of seminars aims at sharing basic information on the creative and technical aspects of Internet Marketing. The “Internet Marketing Bootcamp� will run for six consecutive weeks from January 26 to March 1, 2008. Each session will be held from 8 a.m. to 12 noon at RCC Center, Shaw Boulevard, Pasig City.

Some of the country’s Internet Marketing luminaries from U.S. Auto Parts Philippines (USAP) will discuss the key concepts and strategies on this emerging field:

• Michael Joseph Villar, USAP Affiliate Marketing Manager, will give a crash course on performance-based marketing, how companies and individuals can benefit from it, as well as the challenges confronting affiliate marketing.
• Email Marketing Manager Alvin Jimenez will present the email marketing campaigns and their relevance.
• Rico Sta. Cruz, USAP Creative Director, will discuss the essential principles in Web design and how to apply them to the Web.
• Copy Editing Supervisor Jennelyn Tabora will talk about online copywriting and its crucial role in attracting and building readership.
• Search Engine Optimization (SEO) Project Managers Gabriel Libacao Jr. and Rhiza Sanchez will explain the basics of search engine marketing and how to convert visitors into sales and profits.
• Senior Web Analytics Specialist Maia Nuguid will discuss how Web analytics can help in assessing Internet marketing strategies.

Marc Hil Macalua, USAP Vice President for Marketing, will give the inspirational speech. Web Project Manager Elymar Apao will facilitate the Bootcamp sessions.

The Bootcamp is sponsored by the U.S. Auto Parts Network, the premier warehouse of auto replacement and performance part brands in the United States. One of the leading players in the Internet retailing industry, U.S. Auto Parts ranks among the top 100 online retailers in the United States in 2007.

The Bootcamp is open for all professional bloggers, Internet marketing enthusiasts, or anyone who has a background in Internet marketing. Interested persons may send their updated resumés at elymar@usautoparts.net or glibacao@mbsautomotive.com. Qualified applicants will be informed via a confirmation email.

Participants are encouraged to bring their resumes as a Job Fair will closely follow each seminar.

For further details, please visit the Internet Marketing Bootcamp site: (http://www.usautoparts.com.ph/imb/), US Auto Parts Internet Marketing Bootcamp (http://www.usautoparts.com.ph/), US Auto Parts Official Website
(http://www.jobsdb.com/). – US Auto Parts Job Listing

Contact Persons:
Elymar Apao
elymar@usautoparts.net

Gabriel Libacao Jr.
glibacao@mbsautomotive.com

Add comment January 26th, 2008

‘Despite’ vs. ‘Inspite of’

On a legal writing class, a classmate of mine had a debate with our ‘judge’ professor regarding the proper use of the words despite and inspite of. Of course my classmate lost the debate in class since he had to submit to the judge’s ruling (hehe!) but he can’t just get over the issue so he posted in our block’s yahoogroups an article explaining the difference between the two words, and here it goes…

“The difference between the two expressions has to do with the way the set of circumstances preceding an event is related to what follows the event. An example or two will make the point clear. 1. In spite of a good monsoon prices have not come down. 2. Despite a heavy downpour, thousands turned up to hear the Prime Minister.

In both the cases, given the preceding situation, what happens is surprising. This is what is shared by the two expressions and this is what has prompted dictionary makers to treat them as synonymous and gloss one in terms of the other.

But there is a difference. In (1) the preceding situation was such as to ensure (or make likely) a positive outcome. But this did not happen. The monsoon was good but prices did not come down. In (2) the situation preceding is such as to suggest a negative outcome. But what actually happened is something positive. A heavy downpour should keep people away. But thousands turned up to hear the Prime Minister.”

This might get handy later on in life…so the lesson is: “Don’t argue with a judge, (you’ll never win) especially when she is your professor!” heheheh…cheers!

Add comment January 25th, 2008

The Funky USAP scandal

Here’s what happens at the office, when the bossings are not around…[joke...the bossings are also involved in this scandal...hahahaha!]

1 comment January 25th, 2008

Brokeback is dead

Heath Ledger, actor of Brokeback, died at an early age of 28 due to overdose of over-the-counter sleeping medication.

Ledger’s acting career started out with a mere elective drama class until he came into the limelight in 1999 and became known as ‘pretty boy’. His first break was in the movie Blackrock, ‘a teen angst film about one boy’s struggle when he learns his best mate raped a girl’.

His acting skills brought him fame. He was nominated for Oscar and Academy Award. The recent nomination being, Best Performance by an Actor in a Leading Role in the film Brokeback Mountain, a romantic movie between two cowboys. He also won an International Award for the category of Best Actor on the same movie.

Yesterday, Jan 23 (Tues), the housekeeper was about to wake him up and he was found dead in the bedroom of an apartment owned by the actress Mary-Kate Olsen. Reports say, “This is being looked at as a possible overdose, but that is not confirmed yet.”

This is indeed a great loss of a fine artist to the industry. May his family and friends accept the sudden and tragic event. May Heath Ledger’s soul rest in peace.

More Philippine Entertainment News here.

Add comment January 23rd, 2008

2008 Holidays per RA 9242

Below is a list of the different Holidays for the year of 2008. Take note that some of these holidays are moved on a Monday, in pursuant to Pres. Gloria Macapagal Arroyo’s RA 9242 also known as “Holiday Economic Policy“.

January 1 - New Year’s Day
March 20 - Maundy Thursday
March 21 - Good Friday
April 7 - Araw ng Kagitingan (in lieu of April 9)
May 5 - Labor Day (in lieu of May 1)
June 16 - Independence Day (in lieu of June 12)
August 25 - Ninoy Aquino Day (in lieu of August 21)
August 25 - National Heroes Day
October 1 - Eid’l Fitr (to be confirmed by the OMA)
November 1 - All Saints Day
December 1 - Bonifacio Day (in lieu of Nov. 30)
December 25 - Christmas Day
December 29 - Rizal Day Monday nearest December 30
December 31 - Last Day of the Year

The said economic policy aims to provide a longer weekend break for employees and an undisrupted working week for businesses/employers. Well, poor for me, my work is on Tues to Sat. So I dont get double pay or at least a pay without work for said holidays because of the said schedule and policy. hehehe.

2 comments January 15th, 2008

The Phones of the Future…

The wonders of technology has bring us far more than what we can imagine…and not long from today…a simple wrist-band may be a handy cellphone for our kids. Here is a preview of the future phones that we expect to see soon in the Philippines. Start taking your pick…

1) Asus Aura

2) Beng-siemens “The blackbox”

3) Beng-siemens “Snaked”

4) Nec-tag

5) Nokia 888 Communicator

6) Nokia Aeon

7) Retroxis by Dark Label

8 ) Sky “Sleak n Slim”

9) TripleWatch

10) What you see is what you get

See more Philippine Cell Phones.

Add comment January 10th, 2008

Manny Strikes Again

We’ve seen the might of Manny ‘Pacman’ Pacquiao in his fights in the boxing ring. But what’s more interesting is that we’ve seen his power with girls in Ituloy Angsulong Humor 101: Morales TKO due to slow hands, want proof???

Now, here’s another news update as to what Pacquiao has been doing after his lost dream for an elective position. Last December 12, 2007, he was seen partying ‘wildly’ at a Steve Aoki event. (Steve Aoki is a celebrity DJ). He was seen dancing (presumably on a date) with three ladies at that same night. How ‘macho’ and ‘gwapo’ could he be that night!

Lady #1: Well, it surely looks like Jinky, his wife. But howcome there is #2 and #3, during that same night? Hmmm…

Lady #2: Is she a dance instructor of Manny or is she teaching something else? Whatever it is, they must feel comfortable with each other, letting the lady touch Manny’s chest…and where is Lady #1?

Lady #3: Now, here we see another proof of how fast Manny’s hands could be…no wonder he wins a lot of boxing match…and some other match with girls maybe…

Whether the fact that Manny did date 3 ladies at the same night remains a question…he can be SO friendly and that’s the end of the story…otherwise, we can’t blame Jinky for being ’selosa’ or jealous. She definitely has a big fight to win. But so far, she remains to hold the title ‘Wife’, and the favor is with her.

1 comment January 10th, 2008

National ID System: For the Go or Forego

The case of Ople vs. Torres in 1998 paved the way to the feasibility of a National ID System. The case centers around the validity (constitutionality) of A.O. No. 308 (National Computerized Identification Reference System). It was found to be unconstitutional for posing a threat to the right to privacy. The court says that to be valid, it must be narrowly focused and a compelling interest must justify the law’s intrusion to individual rights. Moreover, intrusions into the right must be accompanied by proper safeguards and well-defined standards, which is lacking in the proposed system.

(Here is how a National ID System usually works)

Now, in a command conference in Camp Aguinaldo, the AFP has made a recommendation to President Gloria Macapagal-Arroyo to revive the National ID System. AFP spokesperson, Lt. Col. Bartolome Bacarro said, “The recommendation for the revival of the national ID system is to accelerate accomplishing the [President’s] marching orders given to the AFP [to eradicate the communist insurgency by 2010].�

PGMA expressed her favor for using the National ID System to “provide services to our citizens”, particularly on government departments like Social Security System (SSS) or the Philippine Health Insurance Corp. (PhilHealth). The main point of its implementation would be on having a greater coordination between government agencies, with the end of overcoming the threat to our national security.

However, Interior Secretary Ronaldo Puno said that it is not possible to implement it within the year because we are not prepared, at this moment, to use a consolidated singular ID. It would take some time to complete the system analysis of all ID schemes, but we are getting there. Hopefully, this recommendation will be approved and the law will be perfected in no time.

Add comment January 8th, 2008