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LEGAL FORMS

IN
POLICE WORK
LEGAL FORMS

Are formal legal documents that carry


credibility in Court when presented as
evidence of someones knowledge on the
issue at hand.
LEGAL FORMS USED IN
POLICE WORK
Affidavit
Sworn Statement / Sinumpaang Salaysay
Complaint
Judicial Affidavit
Information
Police Investigation Report
AFFIDAVIT
An affidavit is a formal sworn statement of
fact,
signed by the declarant (who is called the
affiant or deponent) and
witnessed (as to the veracity of the
affiant's signature) by a taker of oaths,
such as a notary public.
The name is Medieval Latin for "He has
declared upon oath".
PARTS OF AN AFFIDAVIT
Venue
Title
Personal circumstances
Statement of Facts
Signature of the affiant
Jurat
WRITING THE STATEMENT

Describe the facts in a numbered


list. You may include as many or as few
facts in an affidavit as necessary.

Use the first person. For example: "I am


the owner of Jane Doe Salon, located in
Bauang, La Union."
State each fact in a separate paragraph.
Each paragraph of the affidavit should
include one fact or a small number of facts
if one cannot be stated alone.

Number your paragraphs. This will make it


easier to read and reference in Court or in
other documents.
Describe each fact clearly and concisely,
providing names, dates, addresses, and
other supporting information as needed.

Use only first-hand information that you


can personally verify; do not use
speculation or information that you've
heard from someone else.
Refer to supporting documents, or
photographs, which can be attached to the
affidavit, and attach them. For example, if
describing a photograph in the affidavit,
state that a copy of the photograph is
attached and marked as "Exhibit A" or
Exhibit 1. Then write "Exhibit A" or
Exhibit 1 on a copy of the photograph
and staple it to the completed affidavit.
Exhibits may be lettered or numbered and
should be labeled according to the order in
which they are mentioned in the affidavit.
STATEMENT OF TRUTH
Make a clear statement that the affidavit is
a complete representation of the facts to
which the affiant is swearing. This assures
readers that the affidavit is not a partial
statement and that it includes all of the
information the affiant has on the subject.
That I hereby attest to the truth of the
foregoing and that this affidavit was
executed voluntarily for purposes of
SIGNATURE OF AFFIANT
JURAT
The certification that the affiant appeared
before the notary, swore to the above
statements, and showed legal
identification. The affidavit must be signed
by the affiant in front of the notary and
include the notary's signature and stamp.

Derived from jurare, Latin for to swear.


SWORN STATEMENT
A sworn declaration (also called a sworn
statement or a statement under penalty
of perjury) is a document that recites facts
pertinent to a legal proceeding. It is very
similar to an affidavit, but unlike an
affidavit, it is not witnessed and sealed by
an official such as a notary public.
At the end of the sworn written declaration,
the declarant will write a
separate endorsement paragraph using a
phrase such as: "I declare under penalty
of perjury that the aforementioned is true."
COMPLAINT AFFIDAVIT
A complaint affidavit is a sworn statement
prepared by someone who wishes to file a
legal complaint.
Such statements are filed when people
wish to file suit against someone for a
violation of civil law and they can also be
involved in criminal cases, when a victim
files a formal complaint with the assistance
of law enforcement.
The complaint affidavit becomes the basis
for the case, providing basic information
about the facts of the matter and outlining
the nature of the case. This document is
part of the court record maintained on the
case and can be inspected by anyone
reviewing the record.
WHAT IS AN INQUEST?
An inquest is an informal and summary
investigation conducted by the public prosecutor
in a criminal case involving persons
ARRESTED AND DETAINED WITHOUT THE
BENEFIT OF A WARRANT OF ARREST
issued by the court for the purpose of
determining WHETHER SAID PERSONS
SHOULD REMAIN UNDER CUSTODY AND
CORRESPONDINGLY CHARGED IN COURT
JUDICIAL AFFIDAVIT
The direct examination of a witness,
which is the examination-in-chief of a
witness by the party presenting him on the
facts relevant to the issue, in question and
answer form, subject to the usual mode of
cross-examination.
LEGAL WRITING
The foremost aim of legal writing is to
communicate.

Write in such a way that the reader


understands what you want to say.

The golden rule of writing: write to others


as you would want others to write to you.
Correctness
Follow Standard English. Standard English,
also known as Standard Written English or
SWE, is the form of English most widely
accepted as being clear and proper. It is a
collection of guidelines for communicating
effectively. So it is not conventional to write,
The rule of law follow the Court must,
instead of the conventional
The Court must follow the rule of law.
Use plain language. "Plain" here does not
mean drab or ugly. Plain language is the
idiomatic and grammatical use of language
that most effectively presents ideas to the
reader. Your main goal is to convey your
ideas with the greatest possible clarity. Plain
language is conversational language; the
words used on paper are the same simple
and familiar words spoken within the norms
of respect and civility. The writers message
is caught in one passing.
Obey the rules of grammar. Grammar is
not a code of law but a set of conventions,
a tool of communication to achieve the
writers purpose. Some rules of grammar
are strict.

For one, often violated is the rule that the


verb must agree in number with the
subject. Plural subjects take plural verbs,
singular subjects take singular verbs.
It is therefore incorrect to say: Each of the
defendants were [was] required to post
bail.

Or, this example found in SCRA: Moreover,


the Court notes that the registry receipts
were not even marked as exhibits so that it
[these] may be considered as part of the
records of the case.
Apply the professional form and
tone. Most legal writing is formal so the
conventions of formal writing apply.

Hence, avoid contractions (Plaintiff hasnt


proved his case).

Avoid street talk. (The robber was put in


the slammer for ripping off a bank)
Use respectful language. Our writing must
conform to the basic rules of good
manners.

Do not use gutter language, sarcastic or


insulting remarks
Accuracy
The wording must fit the thought as the
glove fits the hand.

Choose the right word, not its second


cousin. Consult the dictionary or thesaurus
when in doubt.
Clarity
Clarity means easy understanding of the
writers ideas. A word, phrase, sentence or
paragraph is clear when nothing prevents
the reader from capturing the thought
conveyed by the writer.
Avoid ambiguous and vague language. A
word, phrase, or sentence is ambiguous if
it has more than one meaning, and the
reader cannot determine which meaning is
intended by the writer.
Example: Common-law spouses Ramon and
Flora opened an appliance store business
but because of serious disagreements,
they terminated their relationship.
Which relationship was terminated, the
common-law or the business?
A word or phrase is vague if its meaning is
not clear in the context.

Example: The complainants condition was


serious when he went to the prosecutors
office and met the respondent.
Condition is vague because we do not
know what it referred to, whether it is
about the complainants health, or his
behavior, or his problems, or whatever.
Prefer concrete words to the abstract. A
concrete word appeals to any of our
senses, in contrast to an abstract word
which is one you can't eat or smell or
measure and which cries out for
exemplification.
Abstract: At the police station, the
victim indicated to the policeman that he
was robbed.
Concrete: At the police station, the victim
told the policeman that he was robbed.
Use specific instead of general words.

General: The victim was hit in the head with


a blunt instrument.

Specific: The victim was hit in the head with


a wooden baseball bat.

Use the names of parties.


Conciseness
Be concise. Be brief. To communicate, do it
with dispatch.
Go direct to the point. The key words
are short, fast, and direct.
As Thomas Jefferson said, the most valuable
of all talents is that of never using two words
when one will do. Instead of submit an
application, use apply;
is applicable, applies;
have knowledge of, know.
Omit needless words. Let us heed this
classic advice from Strunk and
White:13 Vigorous writing is concise. A
sentence should contain no unnecessary
words, a paragraph no unnecessary
sentences, for the same reason that a
drawing should have no unnecessary lines
and a machine no unnecessary parts. This
requires not that the writer make all his
sentences short,
Simplicity
Use simple words and phrases.
Use familiar words
Avoid legal jargon as much as possible.
Organization
Guide the reader with headings.
Use transitions for coherence. You can
have the right information in your
paragraph and have it organized, but
readers can still miss the "flow" of ideas.
This happens when readers have difficulty
in sensing how the information is related
or connected to each other. The writer
should move the reader from point to
point, guiding him along the way.
Transitions are devices that help readers in
going through the paper.
Transitions may be additive (furthermore,
moreover, additionally), chronological or
narrative (next, after, before, eventually),
contrastive (but, on the other hand, however,
similarly), alternative (either, or, neither,
otherwise), causal (because, therefore, thus,
unless, that is why, due to because of),
illustrative (for example, for instance, as an
illustration), repetitive (in other words, simply
put, that is), or physical (on top of, under,
beneath, in the middle).

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