legal writing 3 final class 6 dec 2012 (2)

27
Legal Writing 3 12-06-12 Dean Diokno

Upload: raul-marie-torres

Post on 08-Feb-2016

8 views

Category:

Documents


0 download

DESCRIPTION

fsfsd

TRANSCRIPT

Page 1: Legal Writing 3 Final Class 6 Dec 2012 (2)

Legal Writing 3

12-06-12

Dean Diokno

Page 2: Legal Writing 3 Final Class 6 Dec 2012 (2)

MATTERS FOR DISCUSSION

FORMAT OF THESIS.

LINK BETWEEN YOUR NLO’s/LO’s

and Thesis Format.

THESIS TIMELINE, DEADLINE.

TIME MANAGEMENT

PLAGIARISM.

Page 3: Legal Writing 3 Final Class 6 Dec 2012 (2)

ORDER AND CONTENT OF THESIS:

Page numbering

Title Page ..........................................................

Copyright Page (if used).................................

Abstract ........................................................... i

Preface, Acknowledgments, Dedication

(optional)......................................................... ii

Table of Contents with page numbers......... iii

List of Illustrations (if used) with titles and

page references.............................................. iv

List of Tables (if used) with titles and page

references........................................................ v

Page 4: Legal Writing 3 Final Class 6 Dec 2012 (2)

Page numbering

Text, beginning with Introduction then

Chapter I, etc. and ending with

Conclusion.................................. 1, et. seq.

Endnotes (if used)......................... et. seq.

Appendices (if used).................... et. seq.

Bibliography .................................. et. seq.

Specially bound or packaged

Addenda (i.e. digital media)…....

Page 5: Legal Writing 3 Final Class 6 Dec 2012 (2)

The Introduction should discuss/include

the following:

OBJECTIVES/PURPOSE AND THESIS STATEMENT;

SCOPE AND LIMITATIONS;

ASSUMPTIONS;

METHODOLOGY.

Page 6: Legal Writing 3 Final Class 6 Dec 2012 (2)

LINK BETWEEN YOUR NLO’s/LO’s AND THESIS FORMAT.

YOUR NON-LINEAR AND LINEAR

OUTLINES = TEXT OR BODY OF YOUR

THESIS.

YOU’LL HAVE TO INTEGRATE YOUR

OUTLINE WITH THE PRESCRIBED THESIS

FORMAT.

Page 7: Legal Writing 3 Final Class 6 Dec 2012 (2)

THESIS STATEMENT: The Supreme Court should

abandon Maceda vs. Vasquez.

Introduction

I. Genesis of Maceda Ruling

A. The Facts

B. The Issue

C. The Court’s Ruling

II. Critique of Maceda Ruling

A. The ruling …

1.

2.

B. The ruling…. ETC.

Conclusion

Page 8: Legal Writing 3 Final Class 6 Dec 2012 (2)

THESIS TIMELINE, DEADLINE.

THESIS SUBMISSION DEADLINE: 6 MAY.

2013.

YOU ONLY HAVE 5 MONTHS OR 20

WEEKS TO FINISH THE ARCHITECTURAL,

CARPENTRY, AND EDITING WORK.

USE YOUR TIME WISELY, MANAGE IT

WELL.

TO HELP YOU MEET YOUR

DEADLINES…

Page 9: Legal Writing 3 Final Class 6 Dec 2012 (2)

BEFORE WE END TODAY, EACH OF YOU MUST

EXECUTE A SUPPLEMENTAL CONTRACT:

1. I will revise, finalize and submit my revised linear outline by 7 Jan. 2013.

2. I will finish my first draft by __ Feb./March 2013.

3. I will finish editing and revising my first draft by __ March 2013.

4. I will finish refining and polishing my thesis (final edit) by __ April 2013.

5. I will submit my thesis by not later than 6 May 2013.

Page 10: Legal Writing 3 Final Class 6 Dec 2012 (2)

STARTING JANUARY 2013, EACH OF

YOU MUST SUBMIT A 1-PARAGRAPH

PROGRESS REPORT.

SUBMIT IT BY EMAIL TO QUEENIE BY

NOT LATER THAN:

JANUARY 31, 2013—1ST REPORT.

FEBRUARY 28, 2013—2ND REPORT.

MARCH 31, 2013—3RD (& LAST)

REPORT.

Page 11: Legal Writing 3 Final Class 6 Dec 2012 (2)

TIME MANAGEMENT.

SET ASIDE SPECIFIC TIMES FOR WORKING

ON YOUR THESIS.

WORK IN SEGMENTS.

HAVE MONTHLY, WEEKLY AND DAILY

OBJECTIVES.

DO THE CARPENTRY AND EDITING WORK IN

STAGES.

Page 12: Legal Writing 3 Final Class 6 Dec 2012 (2)

DO THE CARPENTRY WORK IN STAGES:

1. Convert the topic sentences in your

linear outline into paragraph

headings/sub-headings.

2. Go over and refine your headings and

sub-headings.

3. Start writing each paragraph only when

you’re satisfied that your headings and

sub-headings express your argument

clearly and in the right sequence.

Page 13: Legal Writing 3 Final Class 6 Dec 2012 (2)

EDIT IN STAGES:

When you’ve finished your first draft,

set it aside for a day before you start

editing.

1. Begin by correcting the obvious

mistakes first—typographical errors,

obvious errors in grammar, spelling

and punctuation.

2. Next, look at the big picture.

3. Next, focus on choice of words.

Page 14: Legal Writing 3 Final Class 6 Dec 2012 (2)

4. Next--sentence construction.

5. Next-- paragraphs.

6. Go back to the big picture.

7. Read it aloud.

Page 15: Legal Writing 3 Final Class 6 Dec 2012 (2)

PLAGIARISM--

TWO ESSENTIAL TOOLS TO AVOID

IT:

1. QUOTATION MARKS.

2. FOOTNOTES.

Page 16: Legal Writing 3 Final Class 6 Dec 2012 (2)

People v. Morales, G.R. No. 172873, March 19,

2010—actual text:

Prevailing jurisprudence holds that the trial

court’s findings of fact, especially when

affirmed by the CA, are entitled to great

weight and will not be disturbed on appeal.

However, this rule admits of exceptions and

does not apply where facts of weight and

substance with direct and material bearing

on the final outcome of the case have been

overlooked, misapprehended or

misapplied.

Page 17: Legal Writing 3 Final Class 6 Dec 2012 (2)

YOUR THESIS:

Prevailing jurisprudence holds that the trial

court’s findings of fact, especially when

affirmed by the CA, are entitled to great

weight and will not be disturbed on appeal.

However, this rule admits of exceptions and

does not apply where facts of weight and

substance with direct and material bearing on

the final outcome of the case have been

overlooked, misapprehended or misapplied.*

*People v. Morales, G.R. No. 172873, March 19, 2010

Page 18: Legal Writing 3 Final Class 6 Dec 2012 (2)

PLAGIARISM?

YES!!!

Page 19: Legal Writing 3 Final Class 6 Dec 2012 (2)

YOUR THESIS:

“Prevailing jurisprudence uniformly holds that

the trial court’s findings of fact, especially

when affirmed by the CA, are, as a general

rule, entitled to great weight and will not be

disturbed on appeal. However, this rule

admits of exceptions and does not apply

where facts of weight and substance with

direct and material bearing on the final

outcome of the case have been overlooked,

misapprehended or misapplied.”*

*People v. Morales, G.R. No. 172873, March 19, 2010

Page 20: Legal Writing 3 Final Class 6 Dec 2012 (2)

PLAGIARISM?

NO!

Page 21: Legal Writing 3 Final Class 6 Dec 2012 (2)

YOUR THESIS (“paraphrased”)

Jurisprudence holds that the trial court’s

findings of fact, especially when the CA

affirms them, are generally entitled to great

weight and will not be disturbed on appeal.

However, this rule admits of exceptions and

does not apply where facts of weight and

substance with direct and material bearing

on the final outcome of the case have been

overlooked, misapprehended or misapplied.*

*People v. Morales, G.R. No. 172873, March 19, 2010

Page 22: Legal Writing 3 Final Class 6 Dec 2012 (2)

PLAGIARISM?

YES!!!

Page 23: Legal Writing 3 Final Class 6 Dec 2012 (2)

YOUR THESIS:

Jurisprudence holds that the trial court’s

findings of fact, especially when the CA

affirms them, are generally “entitled to great

weight and will not be disturbed on appeal.

However, this rule admits of exceptions and

does not apply where facts of weight and

substance with direct and material bearing

on the final outcome of the case have been

overlooked, misapprehended or

misapplied.”*

*People v. Morales, G.R. No. 172873, March 19, 2010

Page 24: Legal Writing 3 Final Class 6 Dec 2012 (2)

PLAGIARISM?

NO!

Page 25: Legal Writing 3 Final Class 6 Dec 2012 (2)

YOUR THESIS:

Current case law holds that a trial court’s

findings of fact are given great respect by

appellate courts. Appellate courts rarely

question the facts settled by the trial court.

There are, however, exceptions to this rule. It

does not apply when relevant and material

facts which directly affected the court’s ruling

have been omitted, misunderstood or wrongly

applied.*

*People v. Morales, G.R. No. 172873, March 19, 2010

Page 26: Legal Writing 3 Final Class 6 Dec 2012 (2)

PLAGIARISM?

NO!

Page 27: Legal Writing 3 Final Class 6 Dec 2012 (2)

GOOD LUCK!!!!