WRITING SKILLS TECHNICAL SKILLS 1 Writing Style 2

WRITING SKILLS TECHNICAL SKILLS

1 Writing Style 2 IRAC 3 Structure of a memorial 4 Writing process 5 Word processing 6 Citation

BEFORE WRITING OBJECTIVE Win the case Win the competition or

BEFORE WRITING STRUCTURE Content and Format

WRITING STYLE Clear, Consistent, Flowing

WRITING STYLE ACHIEVING “ONE VOICE” - Paragraph flow - Words, phrases tend to repeat - Delegate team members to writing task

WRITING STYLE STRUCTURING YOUR DOCUMENT - Map out a framework - Use headings effectively

BASIC RULES OF WRITING SENTENCE CONSTRUCTION - Short, direct, easy to understand, does not create ambiguity S–V–O - To emphasize or present a weak argument, use PASSIVE VOICE - Modifier (by …) The food aid was ruined on the date it was received by the Parthian refugee agency. - Parallel writing: verbs should be used in same form

BASIC RULES OF WRITING WORD USAGE - Appropriate legal words TENSE USE - Keep the tense consistent

IRAC - IRAC is a analytical paradigm and organizational structure, mostly used in legal writing. - The IRAC structure makes the arguments more persuasive and helps the readers follow the complex reasoning process.

IRAC - IRAC stands for: I = Issue R = Rule A = Application C = Conclusion - There are some modified forms of IRAC such as: CIRAC (Conclusion, Issue, Rules, Application, Conclusion), CREAC (Conclusion, Rules, Explanation, Application, Conclusion), IRREAC…

IRAC – Issue: The first sentence of IRAC is to identify the legal problem to be solved. - Identify issue in the form of a question Example: The issue is whether the respondent’s failure to deliver the goods in proper quality constitutes a breach of contract. - Identify issue in the form of a statement (conclusion). It may also be the heading of your (sub-)arguments. Example: The respondent’s failure to deliver the goods in proper quality constitutes a breach of contract.

IRAC - Rule: state the applicable rules governing the dispute. - Statement of the rule (The rule is from statutory law, case law, common practice) Example: According to Article 11(1) of IAA provides that any dispute(s) the parties have agreed to submit to the arbitration under arbitration agreement is arbitrable, unless it is contrary to the public policy to do so. - Explanation of the rule (usually requires using cases to explain) Example: […]. Public policy are principles and standards regarded by legislature as a being of fundamental concerned to the state and regulations written to address that legislation[Citation]

IRAC - Rule - Statutory laws: § What is the law? § What is not in the law? (Exceptions) § What factors will the court consider? - Case law: § Background § Reasoning § Holding

IRAC – Application - Step 1: State the relevant facts, i. e. facts on which judges rely to analyze the rules and reach the conclusion. - Step 2: Compare with the facts in the instant case § Analogies § Distinctions - Step 3: Connect to the expected results reach the conclusion

IRAC – Conclusion Answer to the legal issue, i. e. you should state (or restate, if you have already stated it in your topic sentence) your conclusion on the issue. **Conclude each legal issue before drawing the final overall conclusion

Example Assume John states in front of a group of people that Peter is a thief because John suspects that Peter has taken his unique pen. Shortly after the allegation is made, Peter loses his job, a high position that requires high decree of trustworthiness. His employer was among the individuals who overheard John’s statement. The next day, John’s assistant finds the pen in John’s office. Does John’s statement constitute defamation?

Example The issue here is whether or not John’s statement that Peter is a thief constitutes defamtion. I Defamation is defined as the issuance of a false statement about another person, which causes that person to suffer harm. R

Example In this instance, John verbalized or “issued” a statement that Peter was a thief, a derogatory characterization. The inferential allegation that the pen was stolen was proven to be false when an unbiased individual, John’s assistant, found the pen in area under the exclusive control of John. An investigation into Peter’s employee file revealed that prior to being fired by his employer, Peter received consistently high praise on his quarterly performance reviews over the past several years. He was fired within the hour that the allegation was uttered. Loss of a high wage job has caused Peter harm by lowering his earning power and quality of life. A

Example Therefore, John’s statement referring to Peter’s purported actions does constitue defamtion and is actionable under law because it satisfies all elements of defamation. C

Writing process - Read the facts carefully and look for the issues in the Moot Problem - Preliminary research - Building arguments outline - Deeper research develop the arguments - Starting to write: § First draft (not write in the order of the parts in memo) § Revise for organization and analysis § Revise for fluidity and clarity - Editing and formatting the documents: make use of the wordprocessing software.

Writing process Table of authorites Table of content Statements of jurisdiction Questions presented Statement of facts Summary of pleadings Prayer for relief

WORD PROCESSING - Which MS Word to choose? 2007 and later - Spelling, Synonyms and Thesaurus: Check all - File Naming: C/R – (Author/Team Number)(section)(Date)(Note) Eg. [C] – F 1010 [sub 1][04. 5. 2013][final]

- Formatting § Fonts: Times New Roman § Size: 12 § Paragraph: No space between paragraph § Rulers: equal margins: 1 inch/2. 54 cm - Page layout: size A 4 § Numbering: A -> I -> 1 -> a -> i -> (1) or ▪

- Footnote, FN 1. Moot Problem, p. 2. 2. Franchise Agreement, Art. XII. 3. Clarification C-10, p. 3. 4. Black’s Law Dictionary 1351 (9 th ed. 2009). 5. Id. at 1355. 6. Black Law’s Dictionary, supra note 4, at 1426. 8. Ulster, 442 U. S. at 162 -63, 165, 99 S. Ct. at 2227 -28, 2229; Francis, 471 U. S. at 314 -15, 105 S. Ct. at 1971. See also Schwendeman v. Wallenstein, 971 F. 2 d 313, 316 (9 th Cir. 1992). - Id/Ibib (ibidem): the same as the preceding reference. - Supra note X: the same as the note X (earlier- cited but not preceding one) - See (See also): indicates that the cited authority constitutes additional material that supports the proposition

- Track changes - Punctuation Order: “a, ” 13; b. 14 - Table of Authorities (TOA) § Turn off Spelling § Mark citations § Short citation, Mark all § Categorize § Paragraph mark ¶ § Delete an entry {}, Update (F 9)

- Table of Content (TOC) § Levels § Modify Style § Update and Edit

- PDF (Portable Document Formatting) Built-in PDF Exporting in Word 2007 and later

CITATION - Legislation Tittle of the act, Art. Eg. 1. The International Covenant on Civil and Political Rights 1966, Art. 18. 2. Regulation 31/m-dag/per/8/2008 of the Minniste of Trade of the Republic of Indonesia dated August 21, 2008 regarding Franchising, Art. 5

- Cases Party name v. Party name, the publish source (court & year) (other information), prior & subsequent history

Eg. United States v. Mac. Donald, 531 F. 2 d 196, 199 -200 (4 th Cir. 1976) (resting review of the dispositive issue in the principle of judicial economy), rev’d, 435 U. S. 850 (1987). (1) United States v. Mac. Donald: Parties (“v. ”: versus) (2) 531: reported volume no. ; F. 2 d: reporter abbreviation (Federal reporter, 2 nd series); 196: first page of case; 199 -200: pages referred to (3) (4 th Cir. 1976): Circuit Court of appeals (federal) (4) (resting…economy): describe the court’s decision (5) Rev’d: reversal – action of higher court; 435 U. S.

- Books, reports Author, title, page/section cited (edition, publisher & date) Eg. FRANCIS A. 2006) CAREY, ORGANIC CHEMISTRY 310 (6 th ed. **Style: Book title

- Internet citation Author, Titles, date and time, URL (last visited …) Eg. Carlos M. Correa, Implementation of the WTO General Council decision on Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, 2004, http: //apps. who. int/medicinedocs/pdf/s 6159 e. pdf (last visited 24 th August 2010)

- Articles: § Consecutively paginated articles: Author(s), Title, Periodical Name, page on which article begin, pages cited (year) (*). § Non-consecutively paginated articles Author(s), Title, Periodical Name, Date of Issue, at Page. Eg. 1. Charles A. Reich, The New Property, 73 Yale L. J. 733, 737 -38 (1964). 2. Rachel Williams, Council Found Liable for Birth Defects, Med. L. Rev. , Wed. 29, 2009, at 2.