LEGAL DISPUTE-exists when one party complains of a violation of his right by another, who on the other hand, denies such a violation.-akin to a CAUSE OF ACTION in civil suit in which the defendant denies the claim against him.

IllustrationA tenant renting an apartment allegedly could not pay the agreed rents yet refuses to leave his unitIs there a legal dispute?What?

The apartment owners claim that the tenant fails to pay the agreed monthly rents yet refuses to leave his unit and;The tenants denial of the claim

You have here a right protected by law, an alleged violation of such right, and a denial of the allegation.

Q1: What is the nature of the right being claimed in order for a legal dispute to arise?Q.1.A: A Filipino claims that he deserves to be allowed to travel to the US. Can he file a lawsuit to compel the US Embassy to issue him the VISA required for entry into that country?Q.1.B: Juan demands that Filipino rather than English be made the medium of instruction in all levels of education. Is there a legal dispute?Q.1.C: What is the legal dispute when a person allegedly refuses to pay his debt?In criminal cases, the legal dispute consists in the Senates claim that accused has violated its right to compel obedience to its laws and in the latters denial of the claim at his arraignment.Q.1.D: Pedro defrauds Juan by selling a fake Rolex watch to him for the price of a genuine one?

A1: It must be a legal right since courts will uphold and vindicate only those rights that are established or recognized by law.A.1.A: No, as Philippine laws do not grant him that right.A.1.B: There is no legal dispute since it does not involve an actual violation of some right. The controversy, although of public interest, will not be resolved by litigation but by legislative action.A.1.C: The creditors claim that the debtor unjustly refuses to pay his debt under a promissory note that he issued in favor of the creditor, and the debtors denial of such claim.A.1.D: The States charge that the accused defrauded the complainant by selling a fake Rolex watch to him for the price of a genuine one; and the accused denial of the charge.

Significance of Legal Dispute in Legal Writing- It is the HEART of every case subject of legal writing as the resolution of the legal dispute puts an end to litigation.-failure to identify the correct legal dispute will lead to having difficulty finding a way to solve or address it. You will be arguing on something that has nothing to do with resolving the case. A futile attempt to end the litigation.

Legal Dispute vis--vis Principal IssueA legal dispute recast in the format of an issue, becomes the PRINCIPAL ISSUE in every case. How is this accomplished?You just have to add the phrase WHETHER OR NOT

whether or not the tenant fails to pay the monthly rents yet refuses to leave his unitwhether or not the debtor unjustly refuses to pay his debt under a promissory note that he issued in favor of the creditorwhether or not the accused defrauded the complainant by selling a fake Rolex watch to him for the price of a genuine one

What is the legal dispute and the principal issue?X, a building official issues to the owner an occupancy permit for a building with INADEQUATE fire exits.

LD: (1) the complainants claim that respondent building official issued to the owner an occupancy permit for a building with inadequate fire exits in violation of Section 3(e) of Republic Act 3019 and; (2) the respondents denial of that claim.PI: whether or not respondent building official issued to the owner an occupancy permit covering a building with inadequate fire exits in violation of Section 3(e) of Republic Act 3019

Importance of Principal IssueThe case will be decided FOR or AGAINST you based on the principal issue raised.The argument of the parties will be founded on and usually revolves around the principal issue.Ease in crafting your arguments in order to persuade your reader to accept your point of view.You get to save time as you were able to identify the correct issue, considering that sometimes a particular problem poses several issues. The strength of your arguments will largely depend on its relevance to the correct principal issue. Otherwise, your work will be useless.

Stages of WritingPre-work Look at the facts and evidence of the case (interviews of the persons involved in the problem or from related documents that require sorting)Dates are often mixed up, if it is a new caseIf it is one which has already undergone trial, your sources will be the transcript of testimonies of witnesses and the documentary exhibits presented in the case [affidavit-complaint; affidavit of witnesses, etc.]

Things to consider when doing your pre-work:Establish where the legal dispute lies in the case;Discover its relevant facts;Know the laws or rules that apply to it;Identify the issue/s that you would want to address;Rough out the arguments that you would use

Stages of WritingWrite-upPutting up flesh, color and shape in your legal writingTransform your sketches and outlines into a full draft of the paper required of you --- a pleading, a legal opinion, a petition, a comment, a memorandum, a position paper, or even a decisionCompleted by editing and rewriting

Getting at the Facts of the CaseThis is the initial phase of pre-work: getting the facts rightWhen studying the facts of a case, do not leave then until you have come to a complete understanding of what the case is about from every angleDo not stop unless and until you can show your client that you know more about his case than he doesAlmost always, a lawyer who casually read the facts from the source materials without truly understanding and absorbing their contents short-changes his clientYou will end up even more confused than your client and you definitely do not want this.

Random notes vs. SummaryMake short random notes of the facts of the case that you consider important as you go over them. But bear in mind that purely random notes do not give you the complete picture. Chances are, they are uncorrelated; hence, useful only for work done in one sitting. The next you read your random notes, you will have a hard time stitching the events that you will have to go over the facts again in order to get the correct meaning of the words/ terms you used. In a way, you wasted more time than you can even afford to waste.What you need is SYSTEMATICALLY PREPARED NOTES that adequately capture the entire factual terrain of the case, with the important points properly marked out.

The remedy for this dilemma is: SUMMARIZINGYou can best understand and absorb written materials when you summarize their contents. Your summary serves as a detailed map in your hand, able to guide you in negotiating your way through the dispute involved.In summarizing, you have to decide whether you need that fact or not. Better still, you ask this question, What is the significance of this fact to this case?

Your facts must be seen through the issue: go over the materials very quickly and determine the principal issue/s invlovedOnly when you have an idea of what the principal issue is, could you make a good job of extracting the relevant facts from your materials.Take this case for example: The Beers WarAfter reading the problem, students must be able to tell what the case is all about in ONE SENTENCE --- The case is about

AnswerThe case is about the lawsuit that the restaurant owner filed against San Manuel Brewery for the injury he suffered in the hands of an outraged customer whom he served with a pest-laden bottle of beer.

How do you make a complete summary from raw data?Take out the non-essential facts from your written materials like contracts, deeds, letters, records, books, testimonies, or sworn statements.Cross out those non-essential facts, leaving only the essential ones on the page of each document or paper. Activity 1

The particular number of the ordinance involvedThe particular number of the section of the ordinanceParticular place where it was enactedAll these are NOT RELEVANT to the constitutionality of the ordinanceSuperfluous details:If the lots taken were to be for charity burial, it would be superfluous to say that it would benefit pauper residentsThe phrase no permit to establish, operate, and maintain are superfluous to operate assumes these two terms

Cluttered FactsTranscript of Stenographic Notes-Rape caseExtracting relevant factsIdentify the legal dispute involved in the above casea) the governments charge that Ronald raped Julia and;b) Ronalds denial of the charge2) Rewrite the legal dispute in the format of an issue to produce your principal issue then put down this issue in bold print, and place it right before you as you do your summarizing

Facts set in sequenceIt is equally important that you put the events in the order of their occurrenceWhen the sequence of the events is in disarray, with the subsequent events told ahead of preceding ones or with frequent flashbacks to the past as the story unfolds, you are likely to get confused.You will be looking at items of facts that are out of the context or detached from their surrounding circumstances.

In the Rape case, just spot the point where Julias story logically begins then arrange it according to their occurrence until you reach the end of her story.

Benefits derived from arranging the facts in proper order or sequence:The facts are easier to understand when put in the order of time because they follow a natural order of flow.Actual human experience occurs in the order of time where one event follows another with the ticking of the hour.A story that jumps ahead, goes back to a previous event, and then returns to resume its advance where it temporarily dropped off is unnatural. It can be quite confusing. The human mind is not at ease with such a manner of story telling.

2) When facts are arranged in the proper order, you would clearly see how each fact relates to or connects with others.Each fact acquires deeper significance when viewed along with related facts. 3) When the factual versions of either side are put in order and matched, you would also be able to see clearly the areas where the respective versions agree and disagree.This will furnish you with a balanced appreciation of each opposing claim.

4) Facts, properly arranged, prepare you for the work of writing up the facts of the case in your pleading or memorandum.5) You can create a compact index to the facts of the case, including the testimonies and the documents you work on.

With your compact summary, you do not have to re-read your voluminous materials each time you want to be reminded of the important details of the case.Your summary will be your map in guiding you through out the course of trial of the case and during appeal.

Writing Exercise

Sort out the rest of the testimonies in the rape case, make a summary of the relevant facts, and arrange them in order.

Knowing the Applicable Law or RuleSources of law or ruleStatute law: laws and rules enacted by duly constituted rule-making authorities like Congress (RAs and BPs), the President (PDs and EOs), the Supreme Court (Rules of Court), local government councils (City or Municipal Ordinances), and administrative regulatory agencies (IRRs).Case law: decisions of courts and persons or agencies performing judicial functions. These decisions interpret and apply statute law to specific situations. The rulings become legal precedents that, when invariably affirmed and used, become part of the law itself.

How to locate the right law and legal precedents?1)Identify the general nature of the legal dispute involved. -our rape case is a crime involving chastity (rape provision of the RPC and its amendments)2) Search for legal precedents that have more or less parallel facts. 3) At times, it is also useful that you use some rules that derive from the wisdom of common experience. This is especially useful in resolving factual issues.

Match the applicable laws or rules with the relevant facts of your case and you are ready to work on your arguments.

Facts reexaminedHaving discovered the laws or rules that apply to your case, you should now be in a better position to review your summary of facts and add to it other relevant facts that you may have omitted. You could also subtract from your summary those facts that now appear irrelevant to the applicable laws or rules and precedents that you have discovered.

Writing ExercisesGo back to the case on the dogs attack of a little girl. Check out and copy the laws or the rules that should properly govern them.

Check out too those parallel cases that the Supreme Court has previously decided. See if the rulings and doctrines established in these cases could be cited against you or to your work advantage. Put them all on paper as part of your pre-work.

Getting into the IssuesHere, you have to pinpoint the specific issues that the conflicting claims of the parties present and to put those issues down in writing. Everything you write --- the facts, the law, the argument, and the relief --- must take bearing on those issues.You write aimlessly when you are unable to understand the issues in your case or are unable to hold on to it.

Issues in multiple legal disputesCommon in civil suits/ cases where there could be as many legal disputes as there are claims for violations of separate rights of the parties.

You should address each of the principal issues that the several legal disputes present.

Example:In a lawsuit, X, a music composer, claims that his friend Y appropriated as his own and sold to a record company a song that he (X) had created.Y claimed that X maligned him as a thief of IP. He alleged that it was X who stole his work.Q:What are the legal dispute/s?Q: What is the controlling issue?

Answer:Ys denial of the claim by X;Ys claim that X maligned him as a thief of IP and the denial by X of such allegation;Claim by Y that it was actually X who tried to steal the song from him and Xs denial of such allegationYs claim that the lawsuit was malicious and Xs denial of this claimCI: whether or not X, or Y, created the song

Subordinate controlling issue/sThe resolution of the PS in the case depends on how a subordinate issue raised in connection with its is resolved.e.g. The resolution of WON the tenant has violated the lease by not paying the rent might depend on the subordinate issue of WON the rent may be deemed paid by the set off of the lessors separate debt to the tenant.A tenant who did not pay the rents, because he has in the meantime acquired ownership of the apartment from the bank that foreclosed the mortgage on it. The subordinate issue would be whether or not the tenant subsequently acquired ownership of the leased property. Note that in these instances, the subordinate issues have become the controlling issues that would decide the outcome of the case.

Example:O relying on advertisements about the benefits to women of facial cream called Maxim bought the cream from a supermarket and used it. She developed rashes that left scars on her face. She sued Maxim & Co., the manufacturer of the cream, for damages. The company invoked the small prints on the label of the cream container that warned possible allergy in the use of the cream. Since every consumer has the right to buy only safe products from cosmetic manufacturers, O claims that the company violated this right when it sold to her a facial cream that harmed her face. Maxim denies this claim, however, it stated that O has been forewarned of possible allergy and that she accepted the risk when she bought and used the cream.

PI: whether or not Maxim violated Os right to be sold only safe products. SI: whether or not Maxim has the right to market cosmetic products that could cause harmful allergy to some, provided that the product label discloses this risk.

Relevant vs. Irrelevant IssuesQ: Must you discuss all the factual issues raised by the conflicting claims of the parties?A: No, since NOT ALL issues raised in a case merit discussion and resolution; Only relevant issues matter.Thus, relevant issues are those that when resolved determine the outcome of the legal dispute in a particular case.Irrelevant issues are those that have no value in a case even if they are debated and resolved since they are of no consequence to the outcome of the legal dispute.

Why is it important to know if the issue is relevant or not?Your discussion of irrelevant issues would produce no advantage and might weaken your position in the case.

2) If you make a mistake and drop a relevant issue, you might be forfeiting that issue to your clients loss.

When is there an issue?When the contending parties do not agree on a given point.To spot the issue, all you have to do is to compare the facts and the laws that the two sides claim and identify the areas of their disagreement. Although it is equally important to take note of what the parties agree on.

Rape CaseAreas of disagreement:WON Ronald was Julias suitor; (SI)WON Julia ignored him at the party because she disliked him; (II)WON she walked home alone from the party; WON Ronald caught up with her on the rice field and grabbed her;WON Ronald raped Julia, employing force and intimidation and; (DOMINANT ISSUE)WON Julia was prompted by a genuine desire for justice in filing the charge of rape against Ronald

Factual and Legal IssuesAn issue is factual when the contending parties cannot agree that a thing exists or has actually happened. An issue is legal when the contending parties assume a thing exists or has actually happened but disagree on its legal significance or effect on their rights.

Correct Statement of the IssuesUse the introductory words, whether or not, as you are automatically incorporating the opposing views, the positive and negative, into one statement of the issue.It makes for a fair statement of the issue.2)The issues to be tried and decided are best defined in terms of those affirmative claims. This is because the plaintiff or the accuser in a case always bears the burden of proving the affirmative of his or her claims.

Except:When the defendant, respondent, or the accused in the case admits the facts constituting the claim against him but raises a defense that exempts him from liability under it.The statement of the issue must be fair, not slanted in favor of a party. The statement of the issue should also be comprehensive, leaving no relevant point outside its embrace.

The statement of the issue must be specific and clear. Try at all times to capture in your statement of the issue, the gist or essence of the specific violation of right that the defendant committed.

Threshold IssuesThese are issues that could slam the door to any judicial consideration of the case on the merits. These are issues that concerns matters of procedureLack of jurisdictionWrong venueNot real-party-in-interestAction prescribedThe resolution of these issues and similar others takes precedence over the main legal disputes.

Roughing out the ArgumentYou persuade someone to accept your opinion or point of viewYour presentation must consider the structure of a balanced thesis presentation:A clear statement of your thesis or where you stand on the issue to be resolved;The arguments that can be made against your position but with an explanation that those arguments do not doom such position;The arguments in favor of your position;An appeal to the good sense of the person/s who will resolve the issue.

Use of the Balance Sheet Format

(Where You Stand on the Issue)Ronald did not rape JuliaArguments against YouArguments in Your FavorVaginal lacerations usually found in rape victims were found in JuliaAs a virgin, Julia could have lacerations during consented sex

Appeal to Your Readers Good Sense

What is an argument?An argument is a reason you offer to prove your thesis or proposition.This is where your knowledge of categorical syllogism is important.e.g. major premise: All men are mortal. minor premise: Jose is a man. conclusion: Jose is mortal.The major premise is a statement of a generally accepted rule or truth. The minor premise is a statement that brings a particular thing or individual within the class covered by the generally accepted rule or truth. The conclusion is a statement that follows after the major and minor premises, deducing that the generally accepted rule or truth applies to the particular thing or individual.

e.g. People who lie cannot be believed. Armando lied in his testimony. Therefore, he cannot be believed.Here is an example based on common experience where the witness can be discredited in this manner.Thus, you need to understand that every sound legal argument is a combination of the RIGHT RULE and the RIGHT FACT.

e.g. Crossing the red light is punishable by law. - rule Jose crossed the red light. - fact Therefore, Jose should be punished by law - conclusionThe above argument consists of three statements: the RULE STATEMENT, the CASE FACT STATEMENT, and CONCLUSION STATEMENT.

Note that the rule statement has a fact component. This is logical since all rules identify the facts on which they will operate or apply. The fact component in a rule statement is called KEY FACT. It is a key fact because its presence in the case opens up such case to the application of the rule.

Crossing the red light is punishable by law. But crossing the yellow light does not amount to crossing the red light. David actually crossed a yellow light. Therefore, David cannot be punished by law. The key fact on which the general rule operates is crossing the red light. But this is not found in the particular case of David for he actually crossed a yellow light. Consequently, the punishment due to persons who cross the red lights does not apply to David. His crossing a yellow light repels the operation of the law, producing a negative conclusion.

Summary-applicable to both positive and negative argumentsRule statement a statement of a rule that applies to a given fact or set of facts;Case Fact statement the statement of the fact of a particular case that opens up such case or closes it to the application of the rule; andConclusion statement the conclusion that the rule applies or not to the particular case

Case factQ: Is it the rule that dictates what the fact of a particular case ought to be or is it the fact of the case that dictates what the rule ought to be?A:Things to do when preparing an argument:Begin by ascertaining the fact/s of your case;Check out the fact/s against whatever rule is proposed to govern them.Note however that facts are facts and you cannot alter them.

However, putting on together the correct facts of a case can be difficult because the evidence of those facts of a case can be difficult since those facts can be marred:by the witness bias;by human error in observing them;by lack of ability to communicate what one observed and;by a motive to lie.

RuleIncludes:1) constitutional provisions;2) statutory provisions;3) Rules of Court provisions;4) Case laws or judicial precedents;5) Widely accepted truths that derive from logic, common sense, or even common experience.

Use of the Balance Sheet Format

(Where You Stand on the Issue)Ronald did not rape JuliaArguments against YouArguments in Your FavorBecause women will rarely admit to having been raped unless true, a rape victims testimony can stand aloneBut not when the womans testimony, like that of Julia, is inherently incredibleAbsence of bruises on her body despite rough grounds negates rape by the use of forceBeing a barrio woman, it is likely that someone like Ronald walked her home at that late hour.Appeal to Your Readers Good SenseIt is but fair that testimony inconsistent with common experience is not believed.

Creative thinking as last logical resortBe sure that your mind gets all the data and inputs about the case that your source materials would yield.Pose the problem to you mind. e.g. How can I prove that Ronald did not rape Julia?Forget about the case. Take time out and let your subconscious mind do the work. Go to sleep. You will be surprised that the answer will pop out of your head in the middle of what you are doing. Be prepared to jot it down immediately.

Arguments that build upThe favorable testimony comes from a credible witness. The testimonies of those who are involved in the case or their relatives and friends are often regarded as partisan. Those with no bias, one way or the other, are excellent witnesses.The partys version is inherently credible and consistent with common experience. The truth of narrative stories is often judged by its compatibility with common experience.

All the elements or requisites of a valid claim or defense have been proved. Some laws prescribe factual elements or requisites in order for claims or defenses to be operative. You make a good argument when you prove that you have established them all.

Arguments that destroyThe argument raised is irrelevant.When it does not help resolve the issue/s one way or the other.e.g. Ronald is immoral and irresponsible because he refuses to marry Julia even when he admits that he took her innocence from her.Is this argument irrelavant? Why?The argument has little weight given the other considerations in the case.Here, you assume that your opponent has made a valid argument but you hasten to state that other considerations outweigh that argument.Ronalds failure to see Julias parents to explain his side shows his guilt.You can counter and say, that failure can be explained. Their sons would have killed Ronald if he immediately went to see them after their daughter cried rape.

The argument is baseless.A claim made with no fact to support it is baseless.e.g. Julia is a good, innocent girl who would not cry rape if it were untrue. You would say, it is baseless and since there is no evidence to show that she is good and innocent. The argument is contrary to common experience. As a rule, claims that go against ordinary human experience are bizarre and cannot be believed.e.g. Julia was not afraid to walk home alone through empty rice fields near midnight. You can say, that is unbelievable, no woman in her right mind will do that.

The argument is inconsistent with undeniable facts. No assertion can defeat facts that cannot lie.e.g. Julia wasted no time to file her complaint against Ronald.You say, The record shows that she showed up at the police station two days after the alleged rape.The argument is inconsistent with a prior claim.Persons who say one thing now and another thing later cannot be relied on to tell the truth. e.g. Julia testified that Ronald was her suitor, you say, she once admitted to a friend that she was his sweetheart.

Pre-work ReviewedSummary of the steps:Ascertain the legal disputeMake an outline of the relevant facts.Identify the issues.Rough out the argument.

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