Chapter 6.docx

**CHAPTER 6** **OVERVIEW OF LEGAL FORMS** **OBJECTIVE:** At the end of the lesson, the students are expected to understand a. When documents are considered as legal forms. b. The purposes of a legal document. c. Enumerate the kinds of document. d. Identify the classification of legal forms...

**CHAPTER 6** **OVERVIEW OF LEGAL FORMS** **OBJECTIVE:** At the end of the lesson, the students are expected to understand a. When documents are considered as legal forms. b. The purposes of a legal document. c. Enumerate the kinds of document. d. Identify the classification of legal forms. e. The relation of legal writing to legal forms. **What are legal forms?** - An instrument or document to be employed in a legal transaction or a judicial proceeding that includes the primary essential matters, the appropriate technical phrases or terms, and any additional materials required to render it officially accurate, arranged in suitable and systematic order, and conducive to adaptation to the circumstance of the particular case. - This could be in the form of affidavits, sales of personal property, contracts, complaints, etc. - These are documents that state a contractual obligation, a right or pertains to a legal matter. - Otherwise called as LEGAL DOCUMENTS. **What makes a document legal? (Requirements)** Generally, a document is legal if its creator intends for it to be enforceable in a court of law. In order for a document to be legal, it must also adhere to the laws of the jurisdiction where it will be enforced. The document should also be properly signed, witnessed and filed to be considered legal. **Purpose of Legal Documents** \-       Formally expresses a legally enforceable act, process, or contractual duty, obligation, or right, and therefore evidence that act, process, or agreement. **Important Guidelines** - The language used in most legal forms is English. - Correct choice of word -- the words used must be simple and appropriate. Observe correct grammar, spelling, and punctuation marks. - Proper sentence construction -- sentences must be simple, direct and not too long, correctly phrased. There must be subject-verb agreement. - Paragraphs must be impressive -- the subject matter must be properly developed or organized. Ideas must be unified and coherent and accurately presented. - Correct citations -- the writer should cite the provisions of law and jurisprudence. - Correct form of legal document, instruments, pleadings and other papers where the writer applied his legal knowledge and skills. - It is written instrument, an agreement a deed, a map, an object, a photograph or anything which proves a fact, an even, an incident, or transaction. **Legal Writing** - Legal writing involves the production of any form of material used in the legal industry. - It falls under the category of technical writing. Lawyers, judges, and legislators employ this type of writing for laws, expression of rights, duties, and other legal analysis. **Characteristics of Legal Writing** 1[.     Accuracy] - freedom from mistake or error [2.     Clarity --] quality of being easily understood 3[.     Conciseness] -- should not contain unnecessary words nor unnecessary sentence **Distinguishing Features of Legal Writing** [1.  Authority] - Feature requiring the use of citations as references as foundation of the arguments or statements in legal writing [2.  Precedent] - Means the way things have been done before - This is using the same documents over again as the user finds them effective. [3.  Grammar and vocabulary] - This is the use of proper terms in relation to legal writing - Proper delivery of the content based on the choice and use of words [4.  Formality] - Compliance with the structure or form required by law - Different legal documents may require different formats depending on the jurisdiction where it would be enforced. **CATEGORIES OF LEGAL WRITING** 1.     Predictive Legal Analysis \-       Involves anticipating the outcome by analyzing the facts that gave rise to the legal question and the authority governing legal question. Parts: a. Analysis b. Prediction c. Recommendation 2.     Persuasive Legal Analysis - -   3.     Legal Drafting \-       kind of writing that creates a legal binding effect. **Legalese** - Specialized terms or word used in law. - Informal term for the specialized language of lawyers and of legal documents. - Lawyer\'s language and legal parlance - It relies on specific vocabulary and precise language to convey the particulars of meaning, which may not be fully intelligible to those without specialized legal experience and/or education. - Lawyers' jargon. ***Jargons*** - Special words or expressions that are used by a particular profession or group and are difficult for others to understand.   **Purposes of Legalese** 1. Avoid disagreement in the interpretation of the words used in law. 2. This helps bring predictability and consistency to the law. 3. It also makes it easier for lawyers to predict the outcome of similar cases they are handling for clients.