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LegWri- Atty.

Cayco (Finals)

3 Statements of an Argument WRITING A PETITION FOR REVIEW

1. The statement of a rule that applies to a given Petition must:


fact or set of facts (the rule statement)
2. The statement of a fact of a particular case that 1. Clear-you need to be understood
opens up such case or closes it to the 2. Brief-you need to be understood fast; tighten
your work and make it terse to fit into the time
application of the rule (the case fact statement)
3. The conclusion that the rule applies or does not that your reader mentally allots to you.
3. Interesting-Convince that the court committed
apply to the particular case (the conclusion
statement) grievous wrong that compels the High Court to
intervene. Strong and compelling yet respectful
Rationale: the effectiveness of the argument language would do it since you need to
depends on how ably you write up each statement communicate a sense of control danger over the
of your argument into a convincing part injustice done in the case.

Final Point- Include the following in the petition:

WRITING LEGAL OPINION 1. Full names of the petitioner and respondent


2. An indication of the material date showing
1. Ascertain the purpose for which your client when the client, petitioner, received the notice
seeks your opinion of the judgment or final order or resolution
2. Do pre-work- get all facts you need for forming subject of the petition, when he filed a motion
legal opinion, go over materials, ascertain legal for NT or MR, if he did, and when he received
dispute and put down in writing principal issue notice of denial.
3. Write-up- introduce the issues by providing 3. Concise statement of the matters involved in
facts that are needed to understand issues the petition
4. Reasons or arguments he relies on for the
WRITING TRIAL MEMORANDA
allowance of the petition
Pre-work is indispensable to a substantial and 5. Verification of the facts stated
convincing trial memorandum; go over pleadings, 6. Sworn certification that petitioner has not
transcripts of the testimonies of the witness, indulged in forum shopping signed by pet
documentary exhibits. Identify legal dispute, draw
Client is required to:
up principal issue. Outline of relevant facts 1. Pay docket and other fees
2. Attached to his petition clearly legible
After pre-work, write up client’s memorandum
duplicate original or ctc of the judgment,
Parts: final order or resolution
3. Material portions of the record to support
1. A summary of the nature of the action and the the petition
court proceedings 4. File the required number of copies
2. A summary of the facts of the case- the 5. Submit affidavit of service
transactions or event that brought about the 6. If represented by counsel, indicate pertinent
legal dispute and the lawsuit- as seen from the details of the counsel.
opposing points of the parties
Failure to comply with the above requirements shall be
3. A statement of the relevant issues that the
sufficient ground for dismissal
parties present for resolution
4. An orderly presentation of the arguments that
Parts:
support the clients proposition
LegWri- Atty. Cayco (Finals)

Parties- Material Dates  Statement of the Matters


InvolvedThe Facts and the Case Question for Law
Presented Reason for Allowing the PetitionPrayer

Attachment: Verification and Certification

WRITING A DECISION

The judge makes a choice of which opposing claims he


accepts as true or correct.

He should make a clear, logical, and convincing


presentation of that decision. It requires that he lays
down:

1. The conflicting claims of the parties


2. Issues that separate them
3. Resolution of the issues
4. Adjudication of their respective rights and
liabilities