Guide in Memorandum Writing

8/11/2019 Guide in Memorandum Writing

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MEMORANDUM WRITING(For 2011 Bar Examinations)

Dean Lope E. Feble


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THE WRITING PROCESS

Struggling writers think that others the naturalwriters somehow find writing easy. They think that thoselucky few are gifted with an ability to sit down andimmediately write a polished draft.

The truth is that writing is not easy; and a skilledwriter has developed his or her talent by mastering aprocess that leads to a clear, well-organized detailed finaldraft. The process is not the same for every writer. We allbegin, stop, make progress, stop and begin again. Thus,

the process is sometimes recursive rather than direct. Wecan, however, identify three stages in the writing process:(1) pre-writing/planning; (2) writing/drafting; and(3) revising/editing.


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PRE-WRITING

Most students and even lawyers who haveproblems in writing spend too little time in the pre-

writing stage. They begin to write before they are

clear about what they intend to say and about whatstrategies and steps they mean to use. These

students and lawyers know only where they are to

start and roughly where they intend to arrive. Too

often they end up somewhere else. Even if they doarrive at the planned destination, they may have

traveled a circuitous and long path to get there.

There is a better way.


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Before beginning to write, you must be clear

about purpose and audience/reader. You must

have analyzed the problem, established a

solution and developed a strategy for explaining

that solution. You must have organized your

ideas so that you know where you are goingbefore beginning to write.


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PURPOSE

The first consideration in pre-writing is understandingthe purpose of the writing assignment.

In the bar examination, you may be asked to discuss

and decide all issues, or the rights and liabilities of all theparties, or to address particular issues. Those writinginstructions are sometimes referred to as the call of thequestion, and they established your immediate task.There is, however, more to purpose than the call of the

question. You must think of the writing assignment as theplace where you will demonstrate the clarity of yourthinking, your skill in analysis, your ability to explain, yourlogical reasoning, and your clear and effective writing.


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The purpose of a memorandum

assignment is not only to determine if you

can arrive at a right answer, it is to test yourability to analyze, synthesize, organize, and

explain the law. When you understand that

you have to do much more than come upwith the right answer, you can begin to

plan a successful response to a

memorandum writing assignment.


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AUDIENCE/READER

At first glance, the question of

audience/reader may appear to have a simple

answer: the bar examiner is your

audience/reader. But to understand the

importance of your audience/reader in your

writing, you need to ask a few more questions

and clarify your assumptions. It is true that youare writing for the bar examiner, the one who

will evaluate your work.


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What is it about your audience/reader that willhelp you prepare to write? What will youraudience/reader be looking for? What will appeal

to him? What is expected of you?

The answers lie not so much in the personalitiesof the bar examiner/s but in their shared

expectations and assumptions. Theaudience/reader for memorandum writing expectsrational, logical discussion. Your reader wants tosee a clear demonstration of the depth of yourunderstanding, the quality of your analysis, and theclarity of your expression. Your bar examinerdoesnt want conclusions that are not fullysupported. It is these qualities that will help youshape your memorandum.


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ANALYSIS

In your examination in memorandum writing, you will be given aproblem to solve. You must examine the hypothetical situation,

distinguish between relevant and irrelevant facts, spot the issues,apply the law to the given facts, and lead your reader through yourreasoning process to a logical conclusion. You may use a number ofproblem solving strategies to analyze the question and identify theissue/issues and the key facts.

Here are some analytical techniques.

1. Brainstorming. This involves an unrestrained flow of ideas. Thekey to brainstorming is turning off your internal cursor that says No,that cant be right; or But Im not sure about that. As you read

through the fact pattern, make notes indicating all possible issues orsub-issues you can imagine. Note the arguments, reasons, points toconsider, supporting evidence everything that you can think of thatcould bear on the issue. Establishing the relative order and importanceof your ideas will come later. Even if you decide to delete later, thisfree flow of ideas can help you examine all the possibilities you can

imagine.


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2. Graphics. Many of us can understand things better if we prepare a

graphic representation of the situation. We can create a time line to help us

keep a sequence of events clear in our minds. We can sketch out the details

of a traffic accident or the location of houses or property. We can divide

assets and liabilities graphically and see their relationships. We can drawlines between related items, circle others, and help ourselves to see things

that words may not make clear.

3. Anticipating counter-arguments. Another important technique in

analyzing the problem is consciously to anticipate all defenses, counter-arguments, and alternative reasoning. You have to examine all issues from all

sides before reaching a conclusion. If you dont try to anticipate counter-

arguments, you may wind up with one sided and unconvincing analysis.

This method of analysis is called in rhetoric the proleptical argument.

The writer anticipates and counters any opposing arguments. Your task is

similar. You must identify all defenses and arguments counter to your own

position. You must then discuss them, showing how you reached your

conclusion. Make this a conscious step so dontoverlook contrary evidence.


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4. Organization. Some orderly sense must be made of all thosenotes and diagrams you have compiled. You need to decide what is atissue, what facts are important, and how to demonstrate yourimpeccable logic as you explain the whole situation to your reader.

5. Outline. Too many students and lawyers, after spending sometime determining the issues, skip the next step. They begin writingbefore composing any kind of outline. However simple, an outline canhelp. Taking just a few minutes, even at the beginning of a timed

examination, will allow you to spend less time juggling and twistingideas and evidence while writing. It can prevent those paragraphs thatbegin, Asshould have been mentioned earlier.

An outline can also prevent those hastily written paragraphs in

the margin, connected to the main body of the paper by strange linesand arrows. It can also force you to include all important steps in yourreasoning as you examine the outline. Above all, an outline can helpyou avoid straying from the point.


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WRITING/DRAFTING

We have to think about the writing or drafting stage of

the writing process in two (2) ways. In the case of a timed

examination, like the forthcoming bar examination, your first

draft is practically also your final draft. You may have time to

do a little editing and may be some minor revision.

Researched assignments, on the other hand, allow for majorrevising and editing.

As you write either kind of draft, however, you will have a

number of writing concerns to keep in mind. You need some

ideas about introductions and conclusions, about unity,

clarity, and development, and about mechanics, transitions,

usage and style.


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Introductions and conclusions. Too muchconcern with an introduction is a waste of

time. You are not scoring any points until yousay Thefirst issue is . . .,or Theonly issue is. . .Some professors or instructors prefer nointroductions at all. For others, a few lines

referring to the case or situation in question isenough.

The introduction should only serve to getyou into the problem. Once there, you will beable to address the first cause of action, orsubstantive issue or procedural issue.


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Conclusions should be thought of in two (2) ways. First,each issue you discuss requires that you reach a conclusion.You have to decide if the defendant had a legal privilege orright to act as he did, or if an act was the proximate causeof a particular injury. In that sense, you will have aconclusion for each issue, and each conclusion acts as asignpost showing where you are in your analysis. You willthen be able to decide whether someone has liability, orwhether someone should be charged with a crime.

You need not have a separate conclusion at the end ofan examination in memorandum writing. Because you havealready offered conclusions for each issue, a separateparagraph summing up the various actions would only beredundant. The more issues you discuss in your answer, theless effective is a separate concluding paragraph. Instead,be sure that you provide clear, supported conclusionswithin your paper as you lead the reader through yourreasoning on each issue.


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THE ABC OF EFFECTIVE WRITING

A memorandum has to be accurate, brief and clearto be effective. Let us discuss these qualities ofeffective writing: ACCURACY, BREVITY, CLARITY ANDCOHERENCE.

1. ACCURACY.

The first quality of effective memorandum writing

is accuracy. This quality is primarily concerned with theway you present your statements of facts and lay downthe grounds and basis for the relief/reliefs prayed for inthe pleading.


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Accuracy requires a student or lawyer to set forth thefacts and the law with honesty, candor and specificity.Candor and honesty will certainly inspire confidence. Forinstance, you should see to it that all your assertions offacts must be supported by the record because a diligentexaminer or litigants lawyer or a judge will in time ferretout unsupported material.

Inaccuracy in the statement of fact whether arisingfrom mistake or from intentional misstatement, inevitablytends to invalidate the conclusions drawn therefrom.

A memorandum is accurate when it conforms to the

facts, law, and settled jurisprudence. It must be written incorrect English. The requirement is to cite the law withoutmisrepresentation as to its applicability or meaning, and torely on jurisprudence which is appropriate, controlling andrelevant.


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2. BREVITY.

Brevity means putting only so much asneeded into ones memorandum writing. The

length of a memorandum depends on the facts

and the issues involved. Brevity requires masteryof the facts and the law, careful planning,

condensation, and attention to the essentials.

The writer of a memorandum should not be

reportorial. He must know how to synthesize,

summarize, and simplify.


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A memorandum made unusually long, without anyeffort to separate the material from the immaterial, is to becondemned. Legal writing should be taut, clean and clear,without anounce of fact or an excess word.

Ideally, memorandum writing is taut. To tighten yourstyle, run your pen through every other word on the page.Strike out every slack syllable. Make every word tell.

Verbosity must be avoided. Verbiage should be rooted out.These are not easy.

Brevity is not equated simply to the number of pagesin a memorandum. Thus, brevity should be flexible

standard of conciseness in relation to the complexity of thecase. A brief statement of fact, for example, is notnecessarily a statement containing a few short paragraphs,for everything germane should be included. Events must bedescribed succinctly and testimony compressed.


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But achieving brevity is a difficult task. Thestudent or lawyer who writes a memorandummust first master the facts and law and thensummarize them without distorting the truepicture.

Brevity should not ignore essential facts. Norshould it ignore the evidence presented by theopposing parties.

Edit your own work. Know how to cut it out.Do not hesitate to cross out what is not necessaryto support your legal and factual conslusions.


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3. CLARITY.

Clarity is defined as clearness, directness,

orderliness and precision of thought or

expression. To achieve clarity, a memorandum

should be easy to read and understand.

I will now discuss useful pointers in writing

your facts, texts, titles, and headings,italicization, setting off words, numbers, date,

abbreviation, period, and quotation marks.


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a. Facts

Facts refer to actual events which have to be in the

record of the case. They represent the reality of eventsor things whose actual occurrence is to be determinedby evidence. Facts have to be established and have tobe in the record.

The facts should be presented in an orderlymanner.

The supporting evidentiary facts must be stated inthe memorandum for that statement is what is called afinding of fact.


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b. Text.

Avoid wordiness. Be simple minimize the use of

highfalutin language, legalese, and foreign words andphrases, although they may add dignity and majesty to amemorandum when used sparingly and in the proper context.They expose not erudition but exhibitionism and amateurismwhen excessively used.

Faulty:

In common or ordinary parlance and its ordinarysignification, the term shall is a word of command, one

which has always or which must be given a compulsorymeaning as denoting obligation. It has a peremptory meaning.And it is generally known as peremptory or mandatory.

This paragraph is verbose.


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Better:

The word shall denotes an imperative and

indicates a mandatory character.

Use specific words that are well-positioned. Vaguegeneralities say nothing. Worse, they may confuse the

reader. Learn when and how to put emphasis in yourstatements.

Emphasize a group of words by giving more spaceto the important rather than to the less important ideaof a sentence. Place the more important part in aprominent position which is either at the beginning orat the end of a sentence.


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Faulty:

The rule is that no statute, decree, ordinance,regulation, or policy shall be given retroactiveeffect, unless explicitly so stated.

Better:

No statute, decree, ordinance, regulation, orpolicy shall be given retroactive effect, unless

explicitly so stated.

This sentence can have greater impact whenemphasis is correctly placed on a group of words.


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iii. Parallelism of Words.

Strive for logical and grammatical parallelism.

Faulty:

Respondent challenges the credibility of the witnesses who, hesays, are all bosom friends of the complainant, and theirtestimonies contradicts one another.

Better:

Respondent challenges the credibility because they are allcomplainants bosom friends, and because their testimoniescontradict one another.

The sentence is clearer and has an impact with the use of aspecific word or group of words (that is, because) to establishparallelism.


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iv. Consistency.

Be consistent in tone, tense, words and images.

Faulty:

There was no way the victim could ward off the accusedssexual advances. The accused, being armed and bigger thanher, overpowers her.

Better:

There was no way the victim could have warded the accusedssexual advances. The accused being armed and bigger, easilyoverpowered her.

Readers are distracted and confused when there is a shift inverb tenses without warning. Consistent verb tenses clearlyestablish the time of the actions being described.


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V. Titles and Headings.

Use topics and titles for distinct ideas, headings, and sub-headings. And use numbers or letters for enumerations and succession

of ideas.

Illustrations:

MEMORANDUM FOR THE PROSECUTION

THE CHARGE

In an information filed by . . . . .

EVIDENCE OF THE PROSECUTION

I. Testimonial Evidence

II. Documentary Evidence


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EVIDENCE OF THE DEFENSE

I. Testimonial Evidence

II. Documentary Evidence

THE ISSUES

I. Was the accused insane or sane at the time ofthe shooting?

II. Was self-defense established or not?

III. What crime was committed: Murder orHomicide?


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DISCUSSION

I.

THE ACCUSED WAS SANE AT THE TIME OF THE SHOOTING.

II.

SELF-DEFENSE WAS NOT ESTABLISHED.

III.

THE CRIME COMMITTED WAS MURDER.

PRAYER


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VI. Italicization.

Non-English Words.

Italicize Non-English words. Non-Englishwords are those not found in the latest

unabridged Websters dictionary. Whennecessary, include a parenthetical explanation ortranslation immediately after the word.

Example:

Jueteng (Illegal numbers game) is a majorsocial ill in the country.


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Name of newspapers and magazines.

Italicize the names of newspapers or magazines.

Example:

The notice of extrajudicial settlement was published in The DailyTribune.

VII. Numbers.

Spell out numbers zero to nine and use numerals for 10 and above.Use commas for large numbers, that is, numbers of four digits or more.

Examples:

five

50

5.000


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If the number is significant, write it in both words and figuresand enclose the figures in parenthesis.

Example:

The accused was found guilty of eleven (11) counts of violationof the Bouncing Checks Law.

1. Numbers-Grouped for Comparison.

If a sentence or paragraph compares numbers in a particularcategory, use figures for all numbers in that category.

Example:

Exhibitors from six provinces came to the trade exposition: 20from Bulacan, 19 from Laguna, 12 from Batangas, 7 from

Bataan, 30 from Cavite, and 21 from Pampanga.


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2. Adjacent Numbers.

To clarify back-to-back modifiers, spellout the smaller number: if the numbers arethe same, spell out one.

Examples:

The movie was interrupted by 13 ten-

minute commercials.

He bought ten 10-wheeler trucks.


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3. Numbers that Begin a Sentence.

Spell out numbers that begin a sentence.

Example:

Two hundred lawyers attended the seminar, but only 75 stayed forthe cocktails.

4. Numbers in Dialogue.

Spell out numbers in dialogue, except numbers in large amounts.

Examples:

Meetme at the canteen in thirty minutes,he texted.

Tobe candid, that costs P500,000.00.he said.


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5. Numbers in Common Expressions

Spell out numbers in figures of speech or certaincommon expressions.

Examples:

Ten Commandments

top ten

roaring fifties

fifty-fifty chanceten-foot pole


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6. Ordinal numbers

Treat ordinal numbers the same as cardinal numbers. Spell out

the first through the ninth, and use figures for the 10thonwards

Examples:

She passed the bar examinations on his third attempt.The 20thcentury ushered in computers.

However, in reference lists, footnotes, tables, use figures to save

space.

Example:

2nd[or 2d] ed.


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7. Plural Form of numbers

a. Plurals of spelled-out numbers are formed by adding s or es.

Example:

The winning lotto ticket was two sixes followed by three eights.

b. Plurals of figures are formed by adding s.

100sF-15s

8. Age

Age is expressed in figures.

Examples:

5-year-old child

9 months old


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9. Percentage

a. Figures are used with either the word percent or the percent sign (%).Place the percent sign directly next to the number.

Examples:

The Energy Regulatory Board approved the 1 percent increasein rates.

The margin of error was .5%.

b. In pairs of numbers or numbers in series, repeat the percent sign.

Examples:

15% to 20%

30%, 40%, and 50%


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c. When a percentage is used as a unit modifier,no hyphen is necessary.

Example:

a 50% drop in price.

d. Decimals, not fraction, should be used with apercent sign.

Example:

8.50%


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10. Fraction

a. Spell out common fractions and mixed numbers and use a hyphen.

Example:

one-half

two and three-fourths

b. When whole numbers, fractions, and mixed numbers appeartogether, use figures. When expressing mixed numbers as figures,insert a space between the whole number and the fraction. Donot use a hyphen.

Example:

The piece of plywood measured 2 by by 12 inches.


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11. Decimal.

a. Use figures for decimals.

Example:

The typical Filipino household has 5.9 persons.

b.1. In text that mixes decimals and whole numbers, a

trailing zero is added to the whole numbers.

Example:

2.8, 3.5, 4.0, 5.0


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b.2. If any decimal number is less than one, a leading zero isadded. However, if the quantity will never be greater thanone, the zero is not added.

Examples:

0.2

.45 caliber

12. Voting Result

Use figures and the comparative term to when reportingvoting results.

Example:

The vote was 18 to 6 in favor of the proposal.


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13. Currency

a. Place the currency sign directly before the number

Examples:

P500

$100

b. Repeat the currency sign with each number in a pair orseries. Do not use any hyphen when the currencyamount is used as a compound modifier.

Example:

P600 to P900 price range.

c Use currency abbreviation only when clarity requires it


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c. Use currencyabbreviation only when clarity requires it.Leave a space after the foreign currency abbreviationand before the indicated amount.

Examples:

Php 300

USD 400

14. Unit of measure

a. Spell out units of measure when first used.

Examples:

Six kilometers

240 square meters


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b. Use figures with abbreviation, signs and symbols.

Examples:

6 km

240 sq m

90 C

9 MHz

c. Use a hyphen to join a number and a unit of measureused as a modifier.

Examples:

25-kg sacks

6-cm board

100-m distance


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15. Period of Time

a. Express time in figures followed by a.m.or p.m.

Examples:

8:00 a.m.

2:00 p.m.

b. When referring to 12 a.m. or 12 p.m.,eliminate confusion by specifying 12midnight or 12 noon, respectively.

VIII Date


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VIII. Date.

a. Either American method (month-day-year) or the British method (day-month-year) of writing dates is acceptable. However, for consistency, use onlyone method throughout the text and footnotes.

Examples:

Plaintiff filed his complaint on January 27, 2011.

Plaintiff filed his complaint on 27 January 2011.

b. When referring to a date by month followed by the day, do not use theordinal form.

Example:

The July 18 hearing.

x The July 18thhearing.

c When indicating a date by month and year only do


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c. When indicating a date by month and year only, donot place a comma before or after the year unlessthe sentence structures requires a comma after theyear.

Examples:

Two lawyers attended the May 2011 deposition.

The hearing, which was scheduled for May 2011,was postponed several times.

d. Spell out names of the days and months in the textand footnotes Abbreviate only in formats such astables, graphs, and catalogs where space is aconsideration.

e When indicating a period of several years use to or through not a


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e. When indicating a period of several years, use toor through, not ahyphen.

Examples:

Judge Yadao was on the bench from 1991 to 2010.

x Judge Yadao was on the bench from 1991-2010.

f. Use an apostrophe to indicate a period of time.

Example:

24 monthsincarceration.

g. Do not use an apostrophe to indicate a decade.

Example:

1980s

IX Abbreviation


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IX. Abbreviation.

On first usage, names customarily abbreviated are spelled outfollowed by the abbreviation in parentheses.

Examples:

The Philippine Judicial Academy (PHILJA) is the education armof the Supreme Court.

The Department of Education (DepEd) filed a petition forprohibition.

As a rule, spell out Constitution, legislative enactments,

treaties, executive and administrative issuances.

In exceptional instances when abbreviation are necessary, spellout the abbreviated words on first usage followed by theabbreviation in parentheses.

Aft fi t bb i t


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After first usage abbreviatespecific parts of laws.

Example:

Section 5, Article VIII of theConstitution enumerates the powers

of the Supreme Court. Sec. 5includes the rule making power ofthe Court.

REVIEW OF THE RULES ON PUNCTUATION AND CAPITALIZATION


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REVIEW OF THE RULES ON PUNCTUATION AND CAPITALIZATION

PERIODS, QUESTION MARKS, AND EXCLAMATION POINTS.

Use the Period

1. After a declarative sentence.

Example:

I will join you this afternoon.

2. After an imperative sentence ( a command or request)

Examples:

Go to your room immediately.

Please do as your instructor says.

3. After question intended as a suggestion and not requiring an answer.


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3. After question intended as a suggestion and not requiring an answer.

Example:

May we now tell you our version of the incident.

4. Outside the parenthesis when a parenthesis comes at the end of asentence that requires a period.

Examples:

Anas birthday party gave her an excuse for not going to thewedding (which she did not intend to do).

When the entire sentence is enclosed in parentheses, theperiod is placed inside.

Example:

Anas birthday party gave her an excuse for not going to thewedding. (She did not really intend to go.)

5. Inside quotation marks (never outside).


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5. Inside quotation marks (never outside).

Examples:

He blurted, Thatwas the craziest story Iveever heard.

I shall read RizalsElFilibusterismo.

6. At the end of an abbreviation.

Examples:

Fri. Jan. e.g. Mrs.

But do not use the period if an apostrophe indicates omission of

letters.

Examples:

govt provl indl

Use the Quotation Mark ( or Interrogation Point)


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Use the Quotation Mark ( or Interrogation Point)

1. To indicate a direct question.

Example:

Did you mean that we are really thewinners?

Do not use it in an indirect question.

Example:

He asked whether I would join him.

Use the Exclamation Point


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Use the Exclamation Point

1. In greetings and to express strong feeling:

surprise, admiration, appeal, disbelief.

Example:

Hello!

How can we ever thank you!

He really didntsay that!Oh, you wonderful woman!

The comma:


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The purpose of the comma is to make the sentence clear. In some cases, thecomma sets off certain elements; that is, it precedes and follows a given phrase. Inother cases, the comma separates the parts of the sentence.

Here are the basic rules of comma usage.

Use the Comma to Separate

1. Words, phrases and subordinate clauses written in series.

Examples:

Smoothing back his hair, fixing his tie, and looking at the mirror,Ronilo thought of his date.

He remembered the corsage, the dance tickets, and his key to thehouse.

He was glad it was a warm summer night.

Note: The comma before and separating words in series may be used or not.Whichever rule you follow, be consistent.

2. The independent clauses of a compound sentence, unless those


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p p ,clauses are short.

Ronilo walked to Jennifershouse, and he nervously pressed hisfinger to the doorbell.

3. An introductory adverb clause, participial phrase or series ofprepositional phrases.

Examples:

Because she came to the door so quickly, he thought she musthave been waiting.

Throughout the whole afternoon, Jennifer had been hoping that

Ronilo would come on time.

Do not use the comma in starry winter night or starry summernight because the adjectives are not in a series. Starry modifies thenext twowords, and not simply night.

Use the Comma to Set Off


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Use the Comma to Set Off

1. Appositives

Jennifer, a pretty lass, invited Ronilo into thehouse.

Exception: Dontuse the comma when the appositiveand noun form a unit.

Examples:

My cousin Jennifer

The novelist Bienvenido Santos

2 Words in direct address


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2. Words in direct address.

Example:

Howare you, Bert?

3. Reference to the speaker of a directquotation.

Example:

Jennifer, called her mother, where areyou going?

4. Introductory words, such as yes, no, why, well, now.


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4. Introductory words, such as yes, no, why, well, now.

5. Parenthetical expressions. Those are words or

clauses that do not modify any part of the sentence.

Example:

Ofcourse, I almost forget them,she said.

6. A contrasting expression introduced by not.

Example:

Susansmother said, Iwas looking, not foryour shoes, but for your gloves.

7 Every item of a date or address following


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7. Every item of a date or address followingthe first.

Example:

February 8, 1988, was a date he

could never forget.

8. A title following a name.

Example:

Antonio Eugenio, president

Use the Comma After


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Use the Comma After

1. The salutation of friendly letters and the complimentary close of all

letters.

Examples:

Dear Carlos,

Your friend,

Very truly yours,

2. Digits indicating thousands or more.

Examples:

20, 320 1,213,505

Do NOT Use Comma


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Do NOT Use Comma

1. To separate a verb from itscomplement.

Wrong: My favorite friends are, Alvin,Aurora and Adoracion.

2. To separate a subject from its verb.

Wrong: That our educational systemmust be revamped, is now evident to all.

THE COLON


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Use the Colon

1. After the salutation of a business letter.

Examples:

Dear Sir: Dear Mr. Navarez: Gentlemen:

2. To introduce a list, an illustration or a statement.

Examples:

I had only three problems: my forehand, my backhandand my nerve.

Do not use a colon after a list introduced by a verb such as


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y

My only problems were my forehand, my backhandand my nerve.

3. To separate numerical hours from minutes.

Example:

9:30 a.m.

4. Between chapter and verse in Bible references.

Example:

Mark 4:16

THE SEMI-COLON


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TH S MI CO ON

Use the Semi-Colon

1. Between parts of a compound sentencewhen and, but or have been omitted.

correct: We searched the whole day andnight, but the results were nil.

correct: We searched the whole day andnight; the results were nil.

THE APOSTROPHE


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The apostrophe is used in three cases: in forming possessives,in forming certain pluralsand in indicating the omission of letters.

Forming the Possessive

1. To form the possessive of all singular nouns and of all pluralnouns not ending in s, simply add apostrophe s (s)

womanwomans

men mens

ship -- ships

mother -- mothers

When the singular noun ends in ceor s, it is often acceptable andsometimes preferable to add simply an apostrophe.

Mrs. Rosalesmother

2. To form the possessive of plural nouns ending in s,


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p p g ,just add an apostrophe nothing else

boys boys girls girlscoaches coaches

3. To show joint possession, change only the last

word to the possessive form.

Examples:

Rojas, Baclig and Mendozaslaw office (one firm)

Rose and Ginashouse (one house)

Dontuse the apostrophe


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1. To form the plural of any noun.

friends moons nickels

2. With possessive pronouns; pronouns used as adjectives.

its yours hers theirs

Exceptions: Indefinite pronouns such as ones,nobodyseverybodys

Words indicating amount in time or money, when used as possessiveadjectives, require apostrophes.

a weeksvacation

ten centavosworth

two yearstraining

Forming Plurals


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g

The plural of letters, figures, signs and words

referred to as words is formed by adding anapostrophe s.

gs two as

cross your IsThey look like ls

If the number is written out, do not use an

apostrophe; simply use an s.

ones twos threes fours

Forming Contractions


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A contraction is a shortened form of two words. Use theapostrophe to show where a letter or letters were omitted.

itsit is couldvecould have

youreyou are theydthey had

volcano explosion of 91volcano explosion of 1991

Here are some additional common contractions:

arent hasnt wasnt

cant havent whos

couldnt hell welldidnt hadnt werent

doesnt Ill youre

dont Ive youve

THE HYPHEN


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1. The hyphen is used for continuation of words from one line tothe next. When you must divide a word remember:

a. Divide words only at the end of a complete syllable. Donot divide words of one syllable. Thus, you cannothyphenateplease.

b. Do not leave one letter standing alone. Thus, you cannothypenate among(a-mong), again(a-gain).

c. A syllable in the middle of a word usually, but not always,begins with a consonant rather than a vowel.

Example:

trans-por-ta-tion

d. But when the suffix is pronounced as a separate syllable, the lastpossible place of division is just before the suffix


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possible place of division is just before the suffix.

Examples:

self-ish think-ing

e. A word that ends in a consonant and doubles this consonant whenadding a suffix can usually be hyphenated between the double letter.

Examples:

stop-ping be-gin-ning

2. The hyphen is used between the parts of certain compound words.

Examples:

bother-in-law self-made

half-truth

However, long usage has often resulted in


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merger (cannot, textbook, headstrong,graybeard).

3. The hyphen is used after the prefixex andbefore the suffix elect when they are parts of atitle.

The ex-President-elect The ex-Senator

4. The hyphen is used in writing compound

numbers from twenty-one through ninety-nine

sixty-nine one hundred and eighty-five

THE DASH


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1. Use the dash to indicate a break in thought or aparenthetical thought.

Example:

I heard a rustling a noise that stopped as quickly as it

begun and I sat there petrified with fear.

2. Use the dash to join an uninterrupted series of numbersin which only the first and last are stated.

Examples:

1956 1976 Chapters I IX

Punctuation Pairs


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Some punctuation marks appear in pairs. They enclose a word ora group of words. These include quotation marks and parentheses.

QUOTATION MARKS

1. Use quotation marks to enclose a direct quotation (the exact wordsof a speaker).

Example:

He said, Ishall not fail you this evening.

2. When the quotation is broken by explanatory notes, use another set

of quotation marks.

Example:

Ishall not fail,he said, tovisit you this evening.

3. Do not use quotation marks to enclose an indirectt ti


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quotation.

Example:

He said that he would not fail us this evening.

4. Start a new paragraph when the speaker changes.

I shall be home before dinner to help you, Eduardopromised.

Iknow I can count on you,said his father.

5. Use single quotation marks to enclose a quotation withina quotation.

6. Use quotation marks to enclose the titles of short stories,short poems essays articles and chapters Titles of books


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short poems, essays, articles and chapters. Titles of books,magazines, etc. are underlined.

Example:

The short story, Manat Sea,came from thebook,An Anthology of the WorldsBest ShortStories.

7. When you punctuate quotations

a. Always place the comma or period within thequotation marks.

Example:

Iread the story called ThePit and thePendulum,he said.

b. Always place the colon and the semi-colon outside the quotationmarks


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marks.

Example:

He recited the theme of Frosts Mending Wall: thatmen can never learn to be good neighbors with a wallbetween them.

c. Place the question mark and the exclamation point within the

quotation marks when the punctuation belongs to the words inquotes. When it relates to the whole sentence, place it outside.

Examples:

Stop!shouted the policeman.

What is the name of Charles Lambsessay, DissertationUpon a Roast Pig?

9 Use quotation marks to


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9. Use quotation marks to

indicate slang or wordsused in a special sense.

Example:He was really in the

groovethat night.

ITALICS


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This sentence is printed in italics.

1. Italics are used for titles of books, magazine, newspapers, worksof art (drawing or paintings, symphonies, sculpture), long plays andpoems and ships.

Do you like Juna Lunaspainting Spolarium?

I read the Philippine Star everyday.

2. Foreign words are italicized, unless they have becomeincorporated into the English Language.

Examples:

cest la vie coup detat

PARENTHESES


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1. Parentheses are used to set off lettered ornumbered divisions within a sentence orparagraph.

Example:

The immediate result of the Civil War

were: (1) the Union was reestablished, (2) theslaves were freed, and (3) it was determinedthat states had no right to secede from the

Union.

2. To punctuate, follow these rules:


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a. When parentheses occur within a sentence that

requires internal punctuation, never place a commabefore the first parentheses. The comma may beplaced after the second.

Example:

When Berting returned (so his brother told thestory), he was so excited that he actually wept.

b. When an entire sentence is enclosed byparentheses, all punctuation should be within theparentheses.

THE COMPONENTS OF THE TRIAL MEMORANDUM


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Professors and law practitioners disagree as to what a trialmemorandum should contain. Usually, a trial memorandum shouldinclude the following:

1. The Parties

Names, relationship, litigation status

2. The objectives of the Parties

What each side is seeking.

3. The theory of the Litigation

The cause of action and the defense.

4. The factsThe facts that are key to the resolution of the issues.

5. The Issue/Issues

The questions of facts or law

6 Di i /A


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6. Discussion/Arguments

The conclusions or answers to issued

7. The ReliefsThe reliefs prayed for the party (who is filing the memorandum).

Here is an explanation of each term.

1. Parties and their relationship, etc.

The names of the parties and their relationship appear in thecaption. When multiple parties are involved, list only the names ofthe first litigant on each side. Even in captions reading InRe:or

Inthe Matter of . . . . . ,there are at last two opposing parties, andtheir names should appear in your memorandum. In this section ofyour memorandum, indicate as well the status of each party, that is,plaintiff and defendant, petitioner and respondent, appellant andappellee.

2. Legal theories of the parties (causes of action andd f / )


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defense/s):

These are the legal rules that form the basis of theplaintiffs claim. The plaintiff always advances one ormore legal theories in order to obtain his desiredobjective. The defendant may also advance one ormore legal theories if, instead of merely denying the

validity of the plaintiffs cause of action, he raises aseparate claim (an affirmative defense).

By theories of the parties, we mean a briefstatement of the legal grounds upon which each partybases the right to obtain the objective it is seeking.

There are two types of theories present in alllitigations: the cause of action and the defense

A cause of action is a legally acceptable reason for suing. It is legallyacceptable when it is based on a rule of law (e g negligence stature) the


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acceptable when it is based on a rule of law (e.g. negligence stature), thecommission or violation of which entitles the aggrieved party to sue. Sincea plaintiff, by definition, is the party initiating the lawsuit raising a claimagainst the defendant, he/she must always state a cause of action in

support of that claim. There may be more than one cause of action in thesame lawsuit. The plaintiff may advance several different theories.Moreover, it is possible for its defendant in a lawsuit to raise a claimagainst the plaintiff called a counterclaim, which must also be supportedby a cause of action.

A second type of legal theory in every lawsuit is the defense. Adefense is a legal theory that is raised in response to and that attempts todefeat the plaintiffs cause of action. Unlike a counterclaim, a defensedoes not state a new claim against the opposing party. It only effect, ifsuccessful, is to defeat the other partyscause of action and thus preventthe latter from obtaining its objective.

Just as a cause of action is normally raised by the plaintiff, thedefense is normally raised by the defendant. However, plaintiff may alsohave occasion to raise a defense. If, for example, the defendant states acounterclaim against the plaintiff, the latter must in turn raise any defensethat it may have to that counterclaim.

The most common defense is DENIAL of one or more factsnecessary to support the cause of action The denial is based on a


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necessary to support the cause of action. The denial is based on adifferent view of the same rule of law raised by the opponent. Theparty asserting the denial is saying that the rule of law (e.g.negligence, a statute) that is the foundation of the cause of action

cannot be established because of the failure to prove an essentialelement of that rule of law. Thus, the theory asserted in a simpledenial is the legal insufficiency of the opponentstheory.

There is a more sophisticated defense, often called an

AFFIRMATIVE DEFENSE. This defense requires the party toaffirmatively allege NEW FACTS in addition to those alleged by theplaintiff. An affirmative defense is a rule of law or legal theory that,like a denial is asserted to defeat the cause of action.

3. Facts:

The fact section of your memorandum contains a concisesummary of the information, often called key facts. Key facts arethose facts upon which the court will base its holding or finding.

4. Issues:


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Issues are the precise legal questions that will be resolved bythe court in order to reach its decision in the case under

consideration.

There are two kinds of legal issues or questions:

(1) A question about how one or more rules of law apply to a

given set of facts. When a court answers this kind of question, itdoes so in the form of a HOLDING.

(2) A question about what happened (e.g., who did what to whom)

At a trial, both issues are present particularly to second. Inappeal, the first kind of issue predominates. Our primary concernhere is the first kind one involving the application of rule/s of lawto facts.

Legal issues are often phrased in one of two ways:


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1. Shorthand statement of legal issue; and

2. Complete statement of legal issue.

1. SHORTHAND STATEMENT a shorthand statement consistsmainly of a rule of law along with one or two facts.

Was the driver negligent?

What standard of care applies to a driver of a public utilityvehicle?

Should the summary judgmenthave been granted.

The rule of law in question in each of the above statementshas been italicized.

Shorthand statements of legal issues serve animportant function One of the first steps in the process of


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important function. One of the first steps in the process ofidentifying facts is to state in shorthand each of legalissues involved.

The danger in using shorthand, however, is that youmight forget that it is shorthand, and, as such, isincomplete. Use it solely as a starting point. Your goalshould be to learn the phrase legal issues in their complete

form.

2. COMPLETE STATEMENT A complete statement of alegal issue almost always has at least two parts:

(1) The rule of law being interpreted and applied orportion of the rule that is the focus of the controversy; and

(2) The key facts that concretely raise this controversy.

Example:


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1. Was plaintiff aware of the danger that the flaming oilspilling from the Meralco transformer above her car would

fall on her: (a) when she got out of her car upon seeing theflaming oil fall on the hood of her car, and (b) after she wasout of the car, when she saw the flaming oil from the saidtransformer coming and falling towards her and tried toblock it with her hare hands to prevent it from hitting her

face?

2. Was plaintiff negligent (a) in going out of her carafter seeing the flowing oil fall on the hood of the car andwhile it was still splattering on the street where she was;

and (b) in trying to block with her bare hands the flamingoil she saw coming and falling towards her after she got outof her car to prevent it from hitting her face instead ofrunning away from it to a safer place in the street.

Formulation (1) suggest that the rule or principle of law beinginterpreted and applied is the doctrine of assumption of risk


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interpreted and applied is the doctrine of assumption of risk.Awareness of the danger of incurring the injuries and damagescomplained of and voluntarily exposing onesself to them are pre-

requisites for the application of the rule of law in question. Hence,the presence or absence of these prime requisites are the key factsdeterminative of the issue.

Formulation (2) clearly states that the law being interpreted

and applied is Article 217 of the Civil Code on the specific effects ofthe plaintiffsnegligence, i.e., when the plaintiffsnegligence is theimmediate and proximate cause and when it is merely a cause andwhen it is merely a contributory cause of his/her injuries and/ordamage. It also shows that the same key facts that will support thefirst rule of law (doctrine of assumption of risk) will support theissue of negligence of the plaintiff or are determinative thereof.There is here an overlapping of the facts that are key to theapplication of two rules of law, a common law doctrine and astatute.

REVISING


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The next step in the writing process, and one of

the most important, is to revise your draft. To revise,

you must examine your draft, looking at it again from

several perspectives, asking questions of yourself;

and changing, rearranging, or even rewriting variousparts.

Revision is a crucial step in the process. Revision

is your opportunity to delete sections you dontlike,

rewrite to clarify, change the order to better

emphasize a point, and go into more detail in a

section you glossed over initially.

Questions for revision Here are questions you


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may ask yourself as you revise:

Is the issue clearly identified?

Have I included the theory of law?

Are there any facts that should be emphasized?

Have I left out any material facts?

Have I reached a logical conclusion?

Is my conclusion completely supported?

Have I shown the reader the steps in myreasoning?

Is my writing clear and direct?

Dontbe reluctant to make changes in what youh i V f i d fi l i


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have written. Very few writers produce final copy intheir first draft. Most of us have to re-arrange, add,

delete, and polish before we are satisfied that wehave a final draft.

Editing The last step in the writing process is

careful editing. Editing, as we use the term, is amatter of cleaning up the writing by looking forerrors, usually in spelling, punctuation, or grammar,and correcting them. The best time doing out of class

is only after you have revised and reached a finaldraft. To edit a first draft. To edit a first draft issometimes to substitute the editing phase for therevision phase.

For a timed writing assignment, like the barexamination you dont have a chance to do much


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examination, you don t have a chance to do muchrevision. In that situation my best advise is to emphasizethe pre-writing stage and plan carefully because you

know you will be turning your first draft. Of course, if youstill have time to edit. You should try to save a fewminutes to reread your paper, looking for errors.

In conclusion, remember that writing is a processand not a simple burst of inspired sentences. It involves anumber of stages. You must engage in the pre-writingstage of brainstorming, analyzing, organizing andoutlining. You must draft your document as clearly anddirectly as possible. And you must not fail to revise

carefully, considering the questions for revision I haveprovided. Finally, you must proofread and edit before youcan submit your memorandum with confidence.

TRANSITION Remember that it is important to think consciouslyabout the relationships among your points and ideas and to show those


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relationships through same kind of transition.

Here are some transition words and their uses.

1. To indicate an additional idea: and, also, again, moreover, inaddition, likewise, next, too, finally, besides, similarly, anotherreason.

2. To indicate an alternative idea: on the other hand, but, still,however, though, although, yet, nevertheless, of course.

3. To indicate a conclusion: therefore, thus, hence, in brief, in short,consequently.

4. To indicate an example: for example, for instance, that is, in otherwords, namely.

5. To indicate a time relationship: later, earlier, before, after, when, atthe same time.

Use connectors carefully.


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Some connectors are CONJUNCTIONS: BUT, FOR, AND, OR

Others are ADVERBS: HENCE, THREFORE, HOWEVER,

SINCE, ALTHOUGH

Sometimes NUMBERS: more connectors

Sometimes a WORD REPEATED and preceded by THE or

this.

Sometimes connectors are not words at all, nut

PUNCTUATION MARKS.

Commas as connectors


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In legal writing, do not omit the finalcomma in a series, because its absence maycause problems. For example in thesentence, All of mu assets shall be dividedequally among my children: Ven, Victor,Verna and Vener,how may divisions did thetestator intend? Should the assets be dividedthree ways with Verna and Vener sharing athird? If the testator had added a finalcomma before AND, there would have beenno ambiguity.

Replace vague connecting words with specific words.


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(1) AFTER studying hard, we found the final examination easy

RE-WRITE

BECAUSE we studied hard, we found the final examination easy.

(2) HAVING committed a heinous crime, the accused received themaximum sentence.

RE-WRITE

BECAUSE he committed a heinous crime, the accused received themaximum sentence.

(3) Try AND do your best.

RE-WRITE

Try TO do your best.

Say it affirmatively.


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Negative statements lack force. They merely deny, sothey are less forceful than affirmative statements.

Therefore, when possible, state your ideas affirmatively.

Compare the following pairs:

* He did not fulfill his dutyHe failed in his duty.

* He did not carry out his contract.

He breached his contract.

* He did not carry out his responsibility.

H f il d t t hi ibilit

Guide in Memorandum Writing

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