Conjoined phrases Conjoined phrases consist of words like by and and or, as in I give, devise and bequeath the rest, residue and remainder The intertwined research and writing tasks additionally enhance the retention of research skills and promote more effective research strategies.
In the long run, more complex and accurate computer programs will probably be available to accomplish this task. The judge was not amused. But the plain meaning rule is not entirely irrational; it derives to some extent from the historic shift from oral to written communication.
And you are also concerned with how a court would interpret the contract should the relationship between your client and the other party break down. They speak to juries differently than they do to judges.
It explains and applies the authorities in predicting an outcome, and ends with advice and recommendations. The short answer should function as a roadmap to help readers feel oriented when they move on to the discussion.
The Plain English Movement The Plain English Movement, part of the consumer movement, grew out of the notion that people should be able to understand important consumer documents. In a sense, therefore, adoption of French for legal purposes could initially have promoted communication with those most affected by royal law.
Dominica Legge and William S. To some extent, this tradition may explain the penchant of the profession to concatenate long lists of words joined by and or or, with or without alliteration. Manual of Law French. Can you divide one document into sections addressed to different users.
A similar evolution took place with the idiom of the courts.
They tend to use a great deal of legalese. The standard methods for American legal citation are defined by two competing rule books: Others claim that legal terminology is largely jargon.
Law French eventually was reduced to around words, forcing lawyers to add English words to their French texts with abandon. Narrative answers are generally more accurate than fragmented responses, for example. Further, legislation is almost always written in an attributive thus, objective way, applying to any person who fits a description.
Negation Legal language seems to use an inordinate amount of negation. There should not be any mistake in grammar. Am I clear on the concept I want to communicate. The fact that courts have authoritatively interpreted a term does inspire caution, of course.
Revised instructions raise the level of comprehension significantly. The first order of business in a jury trial is the voir dire of the jurors. Shall is also used in an unusual sense in legal language.
The evidence accumulated in this book suggests that legal writers do indeed use language and drafting conventions that are distinct from ordinary language.
They also use antonymy by contrasting one term with its opposite. In this memo, the writer has addressed the heart of the incident — the advertisement, the sale of the coats, the arrival of the unhappy shopper — in chronological order in the first paragraph; a second paragraph collects relevant background information about the client.
This evidence was offered to the federal courts in the habeas corpus petition of James Free, a condemned murderer. Obtaining knowledge of the facts and the law Tasks:. LEGAL RESEARCH, LEGAL WRITING, AND LEGAL ANALYSIS: PUTTING LAW SCHOOL INTO PRACTICE Suzanne E. Rowe*a When I began law school, I thought my goal was to master—and memorize—every case, statute, and rule I would need to practice law.
I would put all this knowledge into a magic briefcase. Drafting a Client Letter. Suwyn, Siska & King Attorneys at Law Main Street Flushing, New York () October 23, Willi Loman Loman's Fashions Seventh Avenue New York, New York Dear Ms.
Loman: I hope you've been well. Recently you wrote to us that Loman's Fashions had been sued by a shopper in Small Claims Court for a breach of contract. B.M. Gandhi's "Legal Language, Legal Writing & General English" is designed as a basic text for law students. Not only does it fulfill the requirements of the legal language and writing courses but also initiates the student to the study of law and the legal Author: B.M.
Gandhi. Online Legal Courses & Training. You might be the only one in your circle of friends who finds jury duty fascinating. You’ve always been curious about civic and legal. I remain surprised at the number of intelligent, articulate, and well-read legal professionals who still use “and/or” in legal writing.
I am therefore creating this post to document a fairly complete list of authorities that support what I think is the better (if not obvious) view: never use “and/or” in legal writing (or any writing).
Plain language legal writing refers to legal writing that is well thought-out, well organized, and understandable to the client without interpretation: the language is clear, the legal concepts are explained and the technical terms are defined.Legal writing and legal language