Essential Legal Reading and Trial Prep Guide
Uploaded by
Syd Geemson ParrenasEssential Legal Reading and Trial Prep Guide
Uploaded by
Syd Geemson ParrenasSyd Geemson E. Parreñas CPU J.D.
1-A
1. What are the three (3) main sources of reading materials for law students and
even for those actively practicing the legal profession? Describe each.
According to the book Basic Techniques in Legal Reasoning by John Dave
Vergara, there are three (3) basic reading materials, to wit:
a. Code - which is popularly called the “codals”. This is the bare law without
commentaries.
b. Commentaries – this is the text books used by professors of law.
c. Jurisprudence – are cases decided by the Supreme Court and can be read in
the Supreme Court Reports Annotated (SCRA).
2. What is burden of proof?
Burden of proof is the duty of any party to present evidence to establish a claim
or defense by the amount of evidence required by law, which is preponderance of
evidence in civil case. Basic is a rule in evidence that the burden of proof lies upon him
who asserts it, not upon him who denies, since by the nature of things, he who denies a
fact cannot produce any proof of it (Legal Logic by Francis Julius N. Evangelista, Ph.D.
and David Robert C. Aquino, Ll.B., CSEE).
3. Discuss the burden of proof in administrative cases vis-à-vis civil cases and
criminal cases
In administrative proceedings/cases, the burden of proof of that respondent
committed the acts complained of rests on the complainant (Legal Logic by Francis
Julius N. Evangelista, Ph.D. and David Robert C. Aquino, Ll.B., CSEE).
In civil cases, the specific rule as to burden of proof is that the plaintiff has the
burden of proving the material allegations of the compliant which are denied by the
answer; and the defendant has the burden of proving the material allegations in his
answer, which sets up new matter as a defense (Legal Logic by Francis Julius N.
Evangelista, Ph.D. and David Robert C. Aquino, Ll.B., CSEE).
In criminal cases, the accused is entitled to an acquittal, unless his guilt is
shown beyond reasonable doubt. The burden of proof is on the prosecution, and unless
it discharges that burden the accused need not even offer evidence in his behalf, and
he would be entitled to an acquittal (Nilo Macayan, Jr. y Malana vs. People of the
Philippines).
4. What is a trial?
The trial is a structured process where the facts of a case are presented to a jury,
and they decide if the defendant is guilty or not guilty of the charge offered. During trial,
the prosecutor uses witnesses and evidence to prove to the jury that the defendant
committed the crime(s). The defendant, represented by an attorney, also tells his side of
the story using witnesses and evidence.
In a trial, the judge — the impartial person in charge of the trial — decides what
evidence can be shown to the jury. A judge is similar to a referee in a game, they are
not there to play for one side or the other but to make sure the entire process is played
fairly (justice.gov).
Syd Geemson E. Parreñas CPU J.D. 1-A
5. How do you prepare for a trial?
According to Casamo and Associates, there are 7 tips to prepare for an efficient
and effective trial preparation, to wit:
a. Planning every aspect of the case - it is important to have a clear idea of the
objectives of the case, and create a plan that will help the attorney to drive the case
towards that direction. The plan should include the overall costs of the entire case as it
would be unproductive for clients to win a case where the expenses are more than the
rewards.
b. Ensure proper communication between all members connected to the
case - this includes the attorneys and their clients, and the numerous other paralegals
and other litigation support team members that are assisting the attorney in the case.
Proper communication between all concerned members associated with the case will
ensure that everyone is aware of their roles and know what do in any situation. Proper
communication will also to avoid any unfortunate misunderstandings that can often
swing the case out of favor, and cause irreparable damages.
c. Know the judge presiding over the case - Judges are bound by the law and
are required to follow it when presiding over cases and trials. However, by virtue of their
human nature, they also have certain habits and emotions that are very common in their
court proceedings. Some judges are overly strict and preside over the court with a set of
inflexible rules. On the other hand, there are those who are more easy-going, and might
forgive a few lapses or rule violations. Studying the behavioral patterns and habits as
well as the thought process of the judge can be very helpful in preparing a case in a
manner that will gain the judge’s attention. This will have some, if not a major, influence
on the eventual judgment and may be the winning factor that an attorney needs.
d. Preparing witnesses for trial questionings - preparing a witness through a
courtroom simulation may help them to achieve the confidence that will help them to
give their statements in court in the proper manner. It is imperative to understand that
witnesses and evidence are two major pillars on which cases are won. Preparing the
witnesses will contribute greatly towards obtaining a favorable decision.
e. Prepare to always present a calm demeanor - it is important to always be
calm and composed even in the most stressful of scenarios. This helps the mind to
function better, and court trials require a perfectly functioning mind. However, there are
scenarios when a major setback or development could cause this calm façade of an
attorney to break. When this happens, the confidence of the attorney is dealt with a
blow, and also causes the people in the courtroom to entertain doubts about the
arguments presented by the lawyer.
f. Prepare a believable story - there is a storyline with each case. How that
story is presented in the courtroom can often be very persuasive for jurors, and help
attorneys win favorable decisions. Regardless of how strong a case one may have, if
they are unable to present it in a believable manner, the judges may not think much of
it. On the contrary, when evidence is supported by a strong and believable storyline, the
judges may accept it and rule the decision in its favor.
g. Use technology in your trial preparation - technological innovation has led
to the introduction of preparation and presentation technology for attorneys. This
technology allows an attorney to prepare well for every trial. It may cut the preparation
time down almost by half. In fact, the number of jurors expecting cases and evidence to
be presented using technology is increasing tremendously.
