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Legal Writing

The document defines legal writing and discusses its types and categories. Legal writing is used to express legal rights, obligations, and opinions. There are three main types: informative writing conveys information without taking sides, persuasive writing aims to convince the reader of a viewpoint, and functional writing creates legally binding documents like contracts. The two broad categories of legal writing are legal analysis, which includes predictive and persuasive analysis, and legal drafting, which creates documents like memorandums, pleadings, motions, briefs, and appellate briefs. The document emphasizes that legal writing should be simple, clear, and persuasive.

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103 views8 pages

Legal Writing

The document defines legal writing and discusses its types and categories. Legal writing is used to express legal rights, obligations, and opinions. There are three main types: informative writing conveys information without taking sides, persuasive writing aims to convince the reader of a viewpoint, and functional writing creates legally binding documents like contracts. The two broad categories of legal writing are legal analysis, which includes predictive and persuasive analysis, and legal drafting, which creates documents like memorandums, pleadings, motions, briefs, and appellate briefs. The document emphasizes that legal writing should be simple, clear, and persuasive.

Uploaded by

Cyb Brio Nrbn
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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LEGAL WRITING

INTRODUCTION
“The language of law must not be foreign to the ears of those who are to obey it.”

“The lawyer’s greatest weapon is clarity, and its whatstone is succinctness.”

- Judge Prettyman

PURPOSE:
To be able to define legal writing, its types and categories. Be able to name examples within each categories.

I. Legal writing:
1.1 Definition = is a kind of writing used by lawyers, law professors, judges, and other workers in the field of law to EXPRESS legal rights,
obligations and opinions.
1.2 Types:
1.2.a. Informative writing = Conveys information on an issue involving the law or a person’s legal right. It
does not take sides.
1.2.b. Persuasive writing = Convinces the reader to accept a certain viewpoint.

1.2.c. Functional writing = designed for a specific use or result in law. These are deeds, wills, contracts or
drafts of laws.
2 BROAD CATEGORIES OF LEGAL WRITING:
1. Legal analysis
1.a. Predictive analysis = A predictive document deals with a legal question in 3 ways: (APR) Analysis, Prediction,
recommendation.
1.b. Persuasive analysis = A persuasive document that attempts to persuade a judge.
2. Legal drafting = Functional type of legal writing, here the writer creates a legally binding document.
Definition of terms:
A. Memorandum = A paper that explains and summarizes specific points of law for
a judge, for another attorney or for a client.
B. Pleading = it is a paper that formally present claims and defenses by parties to a
lawsuit.
C. Motion = A written or oral application made to a court or judge to obtain a ruling
or order directing that some act be done in favor of the applicant.
D. Brief = a written document drawn by an attorney for a party in a lawsuit and
presents the following concisely: Issues of a lawsuit, Facts the brought the
parties to court, Relevant laws affecting the subject of the dispute, Arguments
that explain how the law applies to the particular facts.
E. Appellate brief = A writing that must be filed with an appellate court so that the
court may evaluate whether the decision of the lower court should be reversed
because of some error that occurred during the trial.
SIMPLICITY
“Plain language is, or should be, every bit as accurate and precise as traditional legal writing.”
“You are no less a lawyer for being understandable.”
RULES:
Purpose: 1. Avoid wordy expressions 5. Eliminate certain phrases
To be able to write simply. 2. Avoid elaborating on the obvious 6. Minimize the use of connectives
• Expectation to a student: and relative pronouns
• Use short sentences, as a rule; 3. Get to the point
• Avoid wordy expressions 4. Avoid tautology
• Avoid elaborating on the obvious
• Get to the point soonest
• Minimize the use of connectives and relative pronouns
• Avoid convoluted word-constructions and
• Replace multisyllable terms with shorter, more understandable words

ELEMENTS OF LEGAL WRITING


1. Simplicity =
Elements of simplicity
1.1 in writing means to write plainly and simply.
1.2 Use short sentences
1.3 Omit unnecessary words
2. Clarity
3. Persuasiveness
CLARITY

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