Law School Grammar

Preposition:

· Definition: A preposition is a word that indicates location (in, near, beside) or some other relationship (about, after, besides) between a noun or pronoun other parts of the sentence. · Rule 1: A preposition generally, but not always, goes before its noun or pronoun. · Rule 2: The preposition like means "similar to" or "similar to." It should be followed by an object of the preposition (noun, pronoun, noun phrase), not by subject and verb. · The preposition of should never be used in place of the helping verb have. · Rule 4: Follow different with preposition from.

Who vs. Whom (Part 1)

· Use the he/him method to decide whether who or whom is correct. o he = who o him = whom · To determine whether to use whoever or whomever, the he/him rule in the previous section applies o he = whoever o him = whomever

Lesson 21 Misplaced Modifiers

1. A modifier gives information about another word or phrase in a sentence. A misplaced modifier modifies an unintended word or phrase. For the sake of clarify, a phrase that modifies a verb should usually follow directly from the verb. 2. Prepositional phrases, phrases that begin with prepositions such as "for", "from", "with," "by," or "to," commonly act as modifiers in sentences. 3. Place a modifying phrase adjacent to the word or phrase it is intended to modify in order to avoid confusion. 4. Place a modifying adverb adjacent to the verb it modifies in order to avoid confusion.

Subjunctive Mood

· Definition: The subjunctive mood is used to express things that are hypothetical, wishful, imaginary, or factually contradictory. · These subjunctive mood pairs singular with what we usually think of as plural verbs. o Ex. I wish it were Friday.

Semicolons

· Rule 1: a semicolon can replace a period if the writer wishes to narrow the gap between two closely linked sentences. · Rule 2: Use a semicolon before such words and terms as namely, however, therefore, that is, i.e., for example, etc., when they introduce a complete sentence. It is also preferable to use a comma after these words and terms. o Ex. Bring any two items; however, sleeping bags and tents are in short supplies. · Rule 3: Use a semicolon to separate units of a series when one or more of the units contain commas. · Rule 4: A semicolon may be used between independent clauses joined by a connector, such as and, but, or, nor, etc., when one more commas appear in the first clause.

Who, That, Which

· Who and sometimes that refer to people. That and which refer to groups or things. · That introduces an essential clause which adds information that is vital to the point of the sentence. · Which introduces a nonessential clause which adds supplementary information.

Verbs

· Definition: A verb is a word or set of words that shows an action (runs, is going, has been painting); feeling (loves, envies); or state of being (am, are, is, have been, was, seem). · State-of-being verbs are called Linking Verbs. They include all forms of the verb to be plus such words as look, feel, appear, act, go, followed by an adjective o Ex. You look happy. · Verbs often consist of more than one word. Sentence Ex: . . . had been breaking down . . . o "breaking down" is a phrasal verb o "had" and "been" are helping verbs so named because they help clarify the intended meaning of the sentence.

Exclamation Points:

· Rule 1: Use an exclamation point to show emotion, emphasis, or surprise. · Rule 2: An exclamation point replaces a period at the end of a sentence. · Rule 3: Do not use an exclamation point in formal business writing. · Rule 4: Overuse of exclamation points is a sign of undisciplined writing. Do not use even on or these marks unless you're convinced it is justified.

Subject-Verb Agreement (Part 3):

1. Remember to add "s" to create the plural of most nouns, like this: a. Book/Books 2. Although most of the time in English you add an "s" to create the plural form of a noun, there are exceptions. Legal writers use some Latin terms; memorize the plural forms of the most common Latin nouns. a. Alumna/Alumnae b. Memorandum/Memoranda c. Focus/Foci d. Appendix/Appendices 3. When creating the possessive form of a singular noun in legal writing, always use apostrophe plus "s," even when the singular form of the noun ends in "s." The following is correct: a. The witness's testimony 4. To turn most singular nouns into the plural possessive, first add an "s" to make the word plural, then add an apostrophe to make the word possessive, like this: a. The clients' account. 5. For singular nouns that end in "s," first make the noun plural by adding "es," then add an apostrophe to make the word possessive, like this: a. Ex. The witnesses' testimony. 6. Remember that "its" is the possessive form of "it" and that "it's" is a contraction of "it is."

Clause

· A clause is a group of words containing a subject and verb. · An Independent Clause is a simple sentence that can stand on its own, while a dependent clause cannot stand on its own.

Adjectives and Adverbs

· An adjective is a word or set of words that modifies a noun or pronoun. Adjectives may come before the word they modify. · Adjectives come in three forms, also called degrees. An adjective in its normal or usual form is called a positive degree adjective. There are also the comparative and superlative degrees, which are used for comparison as in the following examples. Adverbs: Rule 1. Generally, if a word answers the question how, it is an adverb. If it can have an -ly added to it, place it there. Rule 2. A special -ly rule applies when four of the senses — taste, smell, look, feel—are the verbs. Do not ask if these senses answer the question how to determine if -ly should be attached. Instead, ask if the sense verb is being used actively. If so, use the -ly.

Pronouns

· Definition: A pronoun (I, me, he, she, herself, you, it, that, they, each, few, many, who, whoever, whose, someone, everybody, etc.) is a word that takes the place of a noun. · Rule 1: Subject pronouns are used when the pronouns is the subject of the sentence. · Rule 2: Subject pronouns are also used if they rename the subject. They will follow to be verbs. · Rule 3: This rule surprises even language watchers: when who refers to a personal pronoun it takes the verb that agrees with the pronoun. · Rule 4: Object pronouns are used everywhere else beyond Rules 1 and 2 (direct object, indirect object, object of a preposition).

Subject

· A subject is the noun, pronoun, or set of words that performs the verb. o To find the subject, ask who or what performed the verb. · Any request or command, such as "Stop!", has the understood subject you because if we ask who is to stop or walk quickly, the answer must be you.

Parallel Structure:

1. Each item in a list must flow on its own from the lead-in stem. To ensure that a list passes the "does it flow" test, read the lead-in stem followed by each item individually. If the sentences that this test creates make no sense, you have a problem with parallelism that must be corrected. 2. Each item in a list must be written in parallel structure. To be parallel in structure, items should be written using the same parts of speech. Mixing nouns and verbs in a list, for example is incorrect. In the examples below, because the first two items are introduced with verbs, and the last item is a noun, the list is not parallel (and therefore is unacceptable). 3. To be parallel in structure, items must also use the same verb form and the same verb tense. 4. Unless it is your intent to draw attention to a particular item listed, all items should also be of the same weight (the same length, tone, and level of importance). 5. Finally, remember that verbs that are included in the items listed must match the subject in the lead-in stem.

Commas (Part 2 Interruptions and Commas)

1. You should separate interrupting words or phrases that occur in the middle of a sentence with punctuation that tells your reader to pause. A pair of commas (one comma at the beginning of the interruption and one at the end) is the most common correct punctuation to use: a. Ex. The plaintiff, the defendant's former secretary, alleges that the defendant fired him for embezzling funds. 2. When you give a full date, the year functions as an interruption and should be set off with a pair of commas: a. Ex. The plaintiff filed the complaint on March 10, 2017, in the Superior Court in Hartford. 3. State names or abbreviations why you give a city and state should also be treated as interruptions and set off with a pair of commas, like this: a. Ex. The plaintiff filed the complaint in the Columbia, South Carolina, state courthouse. 4. Use a comma to separate two or more adjectives that modify the same noun: a. Ex. The sweaty, nervous attorney stood up in front of the panel of judges. i. Do not interrupt an adverb-adjective pair with a comma Ex. The young, obviously, nervous attorney is... WRONG...should be Ex. the young, obviously nervous attorney...

Infinitive

If a verb follows to, it is called an infinitive, and it is not the main verb. You will find the main verb either before or after the infinitive.

Question Marks:

Question Marks: · Rule 1: Use a question mark after a direct question. · Rule 2: A question mark replaces a period at the end of a sentence. · Rule 3: Avoid the common trap of using question marks with indirect quotations, which are statements that contain questions. Use a period after an indirect question. Some sentences are statements in the form of a question. They are called rhetorical questions because they do not require or expect an answer. Many should be written without question marks. · Rule 4: Use a question mark when a sentence is half statement and half question. · Rule 5: The placement of question marks with quotation marks follows logic. If a question is within the quoted material, a question mark should be placed inside the quotation marks.

Quotations (Part 1)

· Rule 1: Use double quotation marks to set off a direct quote. · Rule 2: Either quotation marks or italics are customary for titles: magazines, books, plays, films, songs, poems, etc. · Rule 3: Use single quotations marks within quotations, and periods and commas always go inside quotes. · Rule 4: As a courtesy, make sure there is visible space at the start or end of a quotation between adjacent single and double quotation marks. · Rule 5: Quotation marks are often used with technical terms, terms used in an unusual way, or other expressions that vary from standard usage. · When quoted material runs more than one paragraph, start each new paragraph with opening quotation marks, but do not use closing quotation marks until the end of the passage.

Lesson 20 Vague Referents and Tricky Pronouns

1. A pronoun must refer to another noun; the noun that a pronoun refers to is its referent. 2. You must ensure that your pronouns referent is clear. 3. Remember that the words "this" and "that", when used as pronouns must have clear referents. 4. When deciding between "that" and "which", remember that "that" introduces essential information and does not take a comma.

Commas (Part 3 - Punctuation that Connects)

1. An independent clause contains a subject, a verb, and a complete thought. An independent clause can stand alone as a sentence. a. Ex. Dogs bark. 2. You may use a semicolon or colon to join two independent clauses into one sentence. a. Ex. There may be occasions when a barking dog constitutes a nuisance; this is not one of them. b. Ex. There is only one way that you will get my client to settle: you must offer more than what the original contract was worth. 3. You may also use a comma, plus a conjunction such as "and" or "but," to join two independent clauses: a. Ex. the defendant's dogs barked for four hours continuously, but the defendant ignored the plaintiff's requests to bring the dogs indoors. i. If you use a comma but forget a conjunction, then you have an incorrect comma splice: 1. Ex. Dogs bark, cats meow. 4. Do not use just a conjunction without a comma to join two independent clauses because that creates an incorrect run-on sentence a. The defendant's dogs barked for four continuously but the defendant ignored the plaintiff's requests to bring the dogs indoors. (this sentence needs a comma before the 'but'.

Legal Citation Guide:

1. By placing citations to authority wisely in your legal writing, you can show your reader the breadth, depth, and weight of authority for any assertion in your legal writing. Count on lawyers to read your citations as carefully as they read text. In practical legal writing, citations are embedded in your text in one of two ways: (a) as a citation sentence (beginning with a capital letter and ending with a period) when the authority cited supports the entire preceding sentence; or (b) as a citation clause (separated from surrounding text with commas) when the authority cited supports only part of a sentence. a. Ex. The crime of robbery with a dangerous weapon is less about the taking of property than it is about the use of force to put the victim in fear. State v. Burroughs, 556 S.E.2d 339 (N.C. Ct. App. 2001). b. The crime of robbery with a dangerous weapon is less about the taking of property than it is about force, State v. Burroughs, 556 S.E.2d 339 (N.C. Ct. App. 2001), and the use of force to put the victim in fear, State v. Maness, 667 S.E.2d 796 (N.C. 2009). 2. Lawyers use introductory signals identified in The Bluebook and the ALWD Guide to Legal Citation to tell their readers how the authority they are citing relates to the text they have written. In addition, lawyers often "string" citations to more than one authority together when they are supporting a proposition in their writing. You have learned the following things about introductory signals and string citations: a. signals that show agreement (for example: see, see also, [no signal]); b. signals that show comparison (compare . . . with); c. signals that show disagreement (for example: but, but see); and signals that show a general background relationship (see generally). 3. When citing more than one authority in a string, group together all authority that logically falls within one type of introductory signal (for example, all authority that shows agreement) in one citation sentence (beginning with a capital letter and ending with a period). When you shift to a new type of introductory signal (for example, shifting to authority that shows disagreement), begin a new citation sentence (beginning with a capital letter and ending with a period). Like this: a. Fourth Amendment protection extends to overnight social guests and relatives in the home of another. See Bonner v. Anderson, 81 F.3d 472 (4th Cir. 1996); Minnesota v. Olson, 495 U.S. 91 (1990); see also Rakas v. Illinois, 439 U.S. 128 (1978). But see United States v. Gray, 491 F.3d 138 (4th Cir. 2007) (excluding business guests); but cf. Minnesota v. Carter, 525 U.S. 83 (1998). b. In the example above, the first two citations are correctly written as one citation sentence because they are both introduced with signals that show agreement. Following normal punctuation and capitalization rules, the "see also" signal is correctly separated by a semicolon from the preceding citation and correctly starts with a lowercase "s." The final two citations are also correctly written as a separate citation sentence (because they show disagreement). The first signal in that sentence correctly begins with a capital "B"; the second signal in that sentence correctly begins with a lowercase "b."

Style Manual Eccentricities (Part 2):

1. Do not over-quote or under-quote. Use quotations wisely. When you incorporate quoted language into your writing, do so in a way that retains a grammatically correct sentence. When you paraphrase the words of another, be careful not to distort the original meaning. 2. Use properly spaced ellipses (^.^.^.^) to indicate omissions of an entire word or an entire group of words from quoted material. When working with ellipses, keep the following rules in mind: a. Do not use an ellipsis when omitting material from the beginning of a quoted sentence. Instead, convert the first letter of the first word quoted to a capital (in brackets) and begin your sentence there. For example: 3. When you omit a full sentence in the middle of a long quotation, insert a properly spaced ellipsis (^.^.^.^) at the end of the sentence that precedes the omission. Be sure to retain the closing punctuation for that sentence. Like this: 4. . Use brackets ([]) to indicate changes to a word, to indicate omissions of a single letter or group of letters within a word, and to insert new words or replacement words into quoted material. Like this: 5. Finally, while you may use "[sic]" to indicate an error in the original material you are quoting, do so sparingly. Using "[sic]" draws attention to the error and is a slap on the wrist to the original author. Its use can be interpreted as arrogant. However, if you have a substantive reason to draw attention to the error (for example, if there is a relevant error in a document that is critical to your case), use of "[sic]" is perfectly appropriate.

Lesson 10 Organizing Complex Ideas (Part 2):

1. If your lead-in stem is a complete sentence, you may always separate the lead-I stem from the remainder of your sentence with a colon as long as you do not separate a preposition or a verb from its object(s). This rule applies to embedded lists and tabulated lists. When working with tabulated lists, the dominant convention in legal writing is to insert a colon to separate any lead-in stem, or even one that is not complete sentence or one that separates a preposition or a verb from its object(s), from the items that follow in a list. 2. In an embedded list, separate listed items that simple with a comma. Be sure to include a final comma before the last item listed in your legal writing. Where items in an embedded list contain internal punctuation, separate the items with semicolons. 3. In tabulated list, separate listed items with semicolons. Be sure to include a final semicolon before the last item listed. 4. Proper capitalization and precise formatting of lists is critical for clear communication of your ideas in legal writing. 5. In a tabulated list treat your list as one long sentence, capitalizing accordingly. Following this convention, each item listed, even if it could stand alone as complete sentence, begins with a lower-case letter and is separated from the next item listed with a semicolon. But were any listed item is made up of more than one sentence, then all items listed must begin with a capital letter.

Writing Numbers (Part 2)

1. In legal writing, it is important to know when to write out numbers as words and when to denote numbers with numerals. a. Lawyers traditionally write out numbers from one to ninety-nine. b. Lawyers use numerals for numbers 100 and higher and for all numbers containing decimals (like 98.6). c. If you have a series of related numbers, some of which are under 100 and some of which are over, write them all as numerals. Like this: 2. Remember, lawyers write out numbers one through ninety-nine, and they usually use numerals for numbers over ninety-nine. When writing out numbers between one and ninety-nine, insert a hyphen between compound numbers. Do not insert the word "and" between numbers. For example: a. There are eighty-four alumni attending the reunion. 3. Generally, lawyers write out monetary amounts and percentages in words for numbers under 100, and they write out the accompanying terms (dollars, cents, percent) when doing so. However, if you use monetary terms or percentages a lot in a legal document, you may use numerals. If you choose to use numerals, use a symbol (without a space) next to the numeral. For example: a. One dollar or $1 4. Ordinals are numbers that indicate placement in a series. a. Ordinals should be written out as text (first, second, third) for numbers under 100, but they should be written as numerals for numbers 100 or greater (101st). When using ordinals in text for numbers greater than 100 (which call for numerals), "second" becomes 2nd and "third" becomes 3rd (e.g., the 102nd student to enroll this year). b. When using ordinals in legal citations, "second" becomes "2d" (not "2nd") and "third" becomes "3d" (not "3rd") (e.g., 88 F. Supp. 2d). The ALWD Guide to Legal Citation and other recognized style manuals do not allow the use of ordinals with dates. "May 31," not "May 31st," should be used. The Bluebook is silent on this point. c. Do not use a superscript in legal writing when using an ordinal (101st, for example, is wrong). The numeral and the letters that follow in an ordinal must remain on the same line, in the same font size (101st is right). d. There is no period at the end of an ordinal unless the ordinal falls at the end of a sentence.

Style Manual Eccentricities (Part 1):

1. Lawyers use a final comma or a final semicolon in front of the last item or the coordinating conjunction before the last item in a list. a. Ex. When summer vacation arrives, many children enjoy sports, time with their families, and sleep. 2. The proper abbreviations for many words are set out in Tables in The Bluebook or in Appendices in the ALWD Guide to Legal Citation. The abbreviations appropriate in text may not be the same as the abbreviations appropriate in citations. a. Generally, do not separate single capital letters with a space. b. However, do separate single capital letters with a space from an adjacent abbreviation that contains more letters (such as App.). c. Do separate geographical or institutional terms in the title of a journal from other single letters in the title with a space (such as S.D. L. Rev. for South Dakota Law Review). d. Treat ordinals (1st, 2d, or 3d) like single letters. 3. You may italicize words and phrases to emphasize them. If you change a quotation by italicizing words and phrases in the quotation to emphasize them, acknowledge that change in a parenthetical indication following the citation to the source of the quoted material. Like this: a. "We conclude that in the field of public education, separate but equal has no place." Brown v. Bd. of Educ., 387 U.S. 483, 495 (1954) (emphasis added). 4. Capitalization of the word "court" is governed by special rules: a. Capitalize the word "Court" if you are naming any court using its full, proper name. ' b. Capitalize the word "Court" if you are referring to the court in which you are filing the document that you are writing. c. Capitalize the word "Court" any time you are referring to the United States Supreme Court.

Organizing Complex Ideas (Part 1):

1. Lists can be either embedded or tabulated. Embedded (horizontal) lists work well with short, simple items. Tabulated (vertical) lists work well with more complicated items or when you want to draw attention to the lists. All lists are composed of an introductory stem followed by items that all relate to the lead-in stem in the same way. a. An effective lead-in stem gives the writer an opportunity to tell the reader how the items are related or to express additional ideas about the listed items that will follow. 2. In legal writing, lawyers almost always include a coordinating conjunction in lists to identify with clarity whether all items I the list are considered inclusively (a, b, and c) or whether the items in the list should be considered in the alternative (a,b, or c). 3. The items included in your list can be, but do not have to be, distinguished from one another with markers. Markers can be bullets, letters, or numbers. A bullet is never used with embedded lists. Letters and numbers are good markers to use if your lead-on stem foreshadows the number of items in the list to follow. Avoid using letters and numbers as markers where your list is not comprised of a specified number of items or where you do not want your reader to infer a rank order among the items listed. a. If you use numbers as your marker in an embedded list, you must enclose the number on both sides with parentheses, like this: (1), (2), (3). Otherwise, you will confuse your reader. Do not include a period within the parentheses. For example, never do this: (1.), (2.), (3.). If your using numbers in a tabulated list, you do not have to enclose numbers in parentheses, but, for consistency, it is good practice in law to do so.

Subject-Verb Agreement (Part 2):

1. Remember to check that subjects and verbs agree even when they are separated by distracting, intervening words. a. Ex. The jury, composed of eight men and four women, finds for the plaintiff. 2. Remember to check that sentences with compound subjects have verbs in agreement. A sentence with a compound has two, separate named subjects. If the subjects are joined with the word and, the subject is plural and calls for plural form of a verb. However, when two or more subjects are presented in the alternative (connected with ("or"), conjugate the verb so that it matches the subject closest to the verb. a. Ex. Joe, a member of the Minneapolis City Council, and Mary have filed for divorce. b. Ex. Either Joe or Mary gets to the mountain house in the divorce. 3. Remember to check that you have conjugated a verb in the singular when the subject is a collective noun. A collective noun is a singular noun that refers to a group of people like "committee" in the example. a. Ex. The review committee, a group of educators, was prepared to review the curriculum.

Tabulated Lists:

1. Tabulated lists can help a legal writer do each of these things: (1) simplify complex concepts that might otherwise overwhelm the reader and (2) draw emphasis to the items in a list by setting them out in a vertical format that is visually distinct from the remaining text. 2. When drafting the lead-in stem to a tabulated list, take advantage of the opportunity to tell the reader something more about the items listed or their relationship to the information in the lead-in stem. Also, whenever possible, draft your lead-in stem in the form of a complete sentence so that you can follow the lead-in stem with a colon (cueing our reader that a list is coming) without bending any grammar rules. Do not draft your lead in stem so that you have to insert a colon that separates a preposition or a verb from its object(s) 3. If your lead-in begins a paragraph, indent the sentence as you would any other paragraph where the lead-in stem continues an existing paragraph, add the lead-in stem to the body of the text as you would any other sentence. 4. Indent items listed below the lead-in stem by one tab. Where the items are long, let them continue all the way to the right-hand margin of text and then wrap around so the second line begins directly under the preceding line of text (not under the marker) and not under the last line of the main body of text. 5. You are generally safe to think of a tabulated list as one long sentence setting up punctuation and capitalization accordingly. Thus, if your lead-in stem is followed by a colon, then each item should begin with a lowercase letter followed by a semicolon, with the last item being followed by a period. An exception to this preferred pattern occurs when an item listed contains a separate, complete sentence in that case bring all items in the list with a capital letter, still following each with a semicolon and the last with a period. 6. Double space(insert a line of space) between he lead-in stem and the listed items. Unless you have a reason to do otherwise, single-space items within a list. If you need to acknowledge the source of the information in your list in a practical legal document, include the citation to your authority on the next line of your main text after the last item in the list (inserting a line of space between the citation and the last item listed). Unless that citation is the end of a paragraph, continue with your text on the same line with and immediately following the citation. 7. Insert a coordinating conjunction ("and" or "or") at the end of the next-to-last item in your list to let your reader know whether the items are inclusive or into eh alternative. It is also helpful to draft your lead-in stem so that it clarifies whether all conditions or merely some must be met.

Hyphens

1. Use a pair of parentheses to set off interruptions when the interrupting text is merely supplementary to the meaning of the sentence. a. Ex. Our new client (a referral from Legal Aid) wants to sue his former landlord for conversion of his security deposit. 2. Use a pair of dashes to set off an interruption when you want to draw attention to the interruption in a dramatic way. a. My client—who spent two weeks in the hospital after being struck by the defendant's car—has recovered nary a penny for her injuries. 3. A hyphen can be used to join a compound word, two or more words that function together as one word to express one thought. Deciding when to join a compound word with a hyphen is often a matter of spelling. a. Ex. the Defendant-Appellee; Ex. a non-profit organization; Ex. twenty-nine. 4. Compound modifiers are two or more words that function together to modify another word. A hyphen should be inserted between compound modifying words that come before the word they modify. Except when words end in -ly, do not hyphenate them. a. Ex. a well-concaved plan... is CORRECT; Ex. a badly-needed vacation...is WRONG. 5. If a compound modifier is placed after the word it modifies, then hyphens are not needed. a. Ex. The witness was only five years old v. the five-year-old witness testified reliably.

Parentheses ( Hyphens, Dashes, and More)

1. Use a pair of parentheses to set off interruptions when the interrupting text is merely supplementary to the meaning of the sentence. a. Ex. Our new client (a referral from Legal Aid) wants to sue his former landlord for conversion of his security deposit. 2. Use a pair of dashes to set off an interruption when you want to draw attention to the interruption in a dramatic way. a. My client—who spent two weeks in the hospital after being struck by the defendant's car—has recovered nary a penny for her injuries. 3. A hyphen can be used to join a compound word, two or more words that function together as one word to express one thought. Deciding when to join a compound word with a hyphen is often a matter of spelling. a. Ex. the Defendant-Appellee; Ex. a non-profit organization; Ex. twenty-nine. 4. Compound modifiers are two or more words that function together to modify another word. A hyphen should be inserted between compound modifying words that come before the word they modify. Except when words end in -ly, do not hyphenate them. a. Ex. a well-concaved plan... is CORRECT; Ex. a badly-needed vacation...is WRONG. 5. If a compound modifier is placed after the word it modifies, then hyphens are not needed. a. Ex. The witness was only five years old v. the five-year-old witness testified reliably.

Lesson 22 Concrete Imagery:

1. Use active and concrete verbs to enhance clarity and, except when de-emphasizing information or showing deference, avoid passive and nominalized verb forms. 2. Passive verb forms put the actor in a passive role at the end of a sentence, instead of at the beginning. For clear and memorable legal writing, use active verb forms instead. To maintain your reader's attention put the actor in the subject position of the sentence. 3. Use concrete and vivid nouns and adjectives to enhance clarity and persuasive value. 4. You can arrange clauses in a sentence to de-emphasize certain facts and emphasize other facts. 5. Use an although clause to place adverse information in a dependent clause beginning with "although" at the beginning of a sentence. Then, place favorable information in the main clause of the sentence. 6. If you use an although-clause, the main clause of the sentence (which comes second) will stick in the reader's mind. In this way, careful arrangement of facts can add emphasis and persuasive value to your writing.

Terms of Art

1. Use quotation marks to distinguish a "term of art" in legal writing. If the term of art originates in an outside source, include a citation to that source the first time you use the term of art. 2. In addition to terms of art, certain other kinds of special words require the use of quotation marks to set them off from the rest of your text. 3. Do not use sarcasm or irony in legal writing. It is generally considered to be unprofessional petty to do so. You may use humor, but do so cautiously. If you use humor, you may use quotation marks to distinguish the humorous words. 4. If you use the words "so-called" in front of a word do so cautiously. Do not use quotation marks around a word or words that follow "so-called." A sentence that includes the words "so-called" would be correctly written like: a. The defendant's so-called breach of contract actually favored the plaintiff. 5. Be sure to use quotation marks to distinguish colloquial or casual phrases: a. Ex. The plaintiff's counsel "hit the nail on the head" in her closing argument. 6. Finally, use quotation marks to distinguish unique nicknames that are incorporated into the name as a whole, such as the example below. But do not use quotation marks to distinguish common shortened versions of longer names, Instead, write common names like Abe Lincoln without quotations. a. William "Wild Bill" Hickok is correct, Abe Lincoln does not need to be in quotes.

Advanced Verb Forms

1. Use the present tense to indicate that an action is happening now. a. Ex. The plaintiff puts her house on the market. 2. Use the simple past tense to indicate that a past event occurred at a fixed point in time. a. Ex. the plaintiff put her house on the market. 3. Use the imperfect past tense to signal an ongoing past event. a. When the plaintiff put her house on the market, she discovered that the defendant's new brick wall was encroaching on her property. b. In the sentence above, the verb "put" in the simple past tense signals that the plaintiff put her house on the market at a fixed point in time. The verb "was encroaching" in the imperfect tense signals that the brick wall was encroaching in an ongoing fashion. 4. Construct conditional sentences, sometimes called "if-then sentences: using the subjunctive mood "were" and the conditional mood "would". a. If/were, then/would b. Ex. If I were to run for office, I would relqunishing my partnership at the firm. c. Ex. If you were to accept the plea, then you would waiver your right to trial. 5. Usually avoid passive verb forms and prefer active verb forms. 6. The use of passive verb form is acceptable to show deference or to avoid giving directions to someone in a position of authority. a. Ex. The defendant's motion for summary judgment should be denied. 7. Passive verb forms can alose be more persuasive when you want tod raw attention away from an action, for example, if you are a defense attorney and you wish to focus attention away from your client's wrongdoing: a. Ex. The plaintiff's mailbox was vandalized by the defendant. 8. Avoid verb forms that turn verbs into nouns (nominalized verb forms) in favor of simple, strong, active verbs. This sentence uses a strong verb: a. The defendant's speeding car collided with the plaintiff.

Commas (Part 4 - Introductory Material and Commas)

1. When writing in a legal context, use a comma to set off the introductory material in a sentence, even when the material is just one word. a. Ex Therefore, the court holds in favor of the defendant-appellee. 2. Although some introductory material can be as short as one word, the introductory material can also be composed of a prepositional phrase, which is a short phrase containing a preposition and a noun (and the noun's modifiers). Set off an introductory prepositional phrase with a comma. a. Ex. In this case, more than seven days have elapsed since the defendant was sentenced by the court. 3. Introductory material can also be composed of a dependent clause (a clause that cannot stand on its own a s sentence because it does not contain a complete thought). a. Dependent clauses begin with subordinating words such as "if," "because," "although," "since," "once," "when," or "until." Set off an introductory dependent clause with a comma. i. Ex. Once a defendant is sentenced and an appeal is properly taken, a district court is without jurisdiction to modify the sentence while the appeal is pending.

Verbs and Agreements:

1. You learned how to identify pronouns and pronoun referents—the nouns that pronouns refer to. To avoid confusing your reader, be sure that the pronoun's referent is clear, as in the sentence below: a. Ex. Sign the contract and the addendum to the contract. Mail them back to me. 2. You learned to pair collective nouns—nouns that refer to a group of people (or animals)—with singular pronouns: a. Ex. The jury returned its verdict as "not guilty." 3. You learned to treat indefinite pronouns that start with no-, some-, every-, and any as singular noun: a. Ex. Everyone should sign a form. NOT Everyone should sign their forms. 4. You learned to correctly use the pronouns "who" (a subject pronoun), "whom" (an object pronoun), and "whose" (a possessive pronoun). You also learned to avoid "who's" (a contraction of the subject pronoun "who" and the verb "is"). a. Ex. Who is going to take the Patterson case? b. Ex. Whom did Mr. Patterson meet for his intake interview? c. Whose case is this?

Who vs. Whom (Part 2)

1. You learned to correctly use the pronouns "who" (a subject pronoun), "whom" (an object pronoun), and "whose" (a possessive pronoun). You also learned to avoid "who's" (a contraction of the subject pronoun "who" and the verb "is"). a. Ex. Who is going to take the Patterson case? b. Ex. Whom did Mr. Patterson meet for his intake interview? c. Whose case is this?

Transitional Words:

1. You learned to identify words in a sentence (such as "thus," "therefore," and "furthermore," 2. You learned to use transitional words to accurately convey the relationship between ideas. Transitional words can convey sequence or relate items in a list. They can also show further development of an idea. 3. Transitional words can also signal conclusions with words such as Therefore. 4. Transitional Words can also communicate generalizations. 5. They can also be used to show opposition, cueing your reader that you are about to present an opposing idea to the one you just presented; your reader will have an easier time following your train of thought if you signal before you switch tracks. 6. Furthermore, transitional words can almost always be considered to be interruptions to the main ideas conveyed in a sentence. As such, they should be set off from the main body of your sentence with a comma or commas.

Subject-Verb Agreement (Part 1):

· Basic Rule: A singular subject (she, Bill, car) takes a singular verb (is, goes, shines), whereas a plural subject takes a plural verb · Rule 1: A subject will com before a phrase beginning with of · Rule 2: Two singular subjects connected by or either/or, or neither/nor require a singular verb. · Rule 3: The verb in an or, either/or, or neither/nor sentence agrees with the noun that or pronouns closet to it. · Rule 4: As a general rule, use a plural verb with two or more subjects when they are connected by and. · Rule 5: Sometimes the subject is separated from the verb by such words as along with, as well as, besides, etc. These words and phrases are not part of the subject. Ignore them and use a singular verb when the subject is singular. · Rule 6: With words that indicate portions - percent, majority, etc.. - Rule 1 given earlier is reversed and we are guided by the noun after it. · Rule 7: In sentences beginning with here or there, the true subject follows the verb. · Rule 8: Use a singular verb with distances, periods of time, sums of money, when considered as a unit. o Ex. Three miles is to far to walk. · Rule 9: Some collective nouns, such as family, couple, staff, audience, etc. may take either a singular or plural verb, depending on their use in the sentence. · Rule 10: The word was replaces was in sentences that express a wish or are contrary to fact.

Commas (Part 1 - General Rules)

· Commas and periods are the most frequently used punctuation marks. Commas customarily indicate a brief pause; they're not as final as periods. · Rule 1: Use commas to separate words and word groups in as simple series of three or more items. o When the last commas in a series before and or or, it is known as the Oxford comma. Most newspapers and magazines drop the Oxford comma in a simple series, apparently feeling it is unnecessary. However, omission of the Oxford comma can sometimes lead to misunderstanding. Writers must decide Oxford or no Oxford and not switch back and forth, except when omitting the Oxford comma could cause confusion. · Rule 2: Use comma to separate two adjectives when the adjectives are interchangeable. · Rule 3: Many inexperienced writers run two independent clauses together by using a comma instead of a period. This results in the dreaded run-on sentence or, more technically, a comma splice. · Rule 4: Use commas after certain words that introduce a sentence, such as well, use, why, hello, hey, etc. · Rule 5: Use commas to set off the name, nickname, term of endearment, or title of a person directly addressed. · Rule 6: Use a coma to separate the day of the month from the year, and -- what most people forget! -- always put one after the year, also. o Ex. It was in a June 5, 2003, edition. · Rule 7: Use a comma to separate a city from its state, and remember to put one after the state, also. · Rule 8: Traditionally if a person's name is followed by Sr. or Jr., a comma follows the last name: Martin Luther King, Jr. · Rule 9: Use commas to enclose degrees or titles · Rule 10: When starting a sentence with a dependent clause, use a comma after it. · Rule 11: Use commas to set off nonessential words, clauses, and phrases. · Rule 12: If something or someone is sufficiently identified, the description that follows is considered nonessential and should be surrounded by commas. · Rule 13: Use commas to introduce or interrupt direct quotations. · Rule 14: Use a comma to separate a statement form a question. · Rule 15: Use a comma to separate contrasting parts of a sentence.

Colons

· Definition: A colon means "that is to say" or "here's what I mean." Colons and semicolons should never be used interchangeably. · Rule 1: Use a colon to introduce a series of items. Do not capitalize the first item after the colon (unless it's a proper noun). · Rule 2: Avoid using a colon before a list when it directly follows a verb or preposition. · Rule 3: When listing items one by one, one per line, following a colon, capitalization and ending punctuation are optional when using single words or phrases preceded by letters, numbers, or bullet points. If each point is a complete sentence, capitalize the first word and end the sentence with appropriate ending punctuation. Otherwise, there are no hard and fast rules, except be consistent. · Rule 4: A colon instead of a semicolon may be used between independent clauses when the second sentence explains, illustrates, paraphrases, or expands on the first sentence. · Rule 5: A colon may be used to introduce a long quotation. · Rule 6: Use a colon rather than a comma to follow the salutation in a business letter, even when addressing someone by his or her first name. Ex. Dear Mr. Becker:

Ellipses:

· Definition: An ellipsis is a punctuation mark consisting of three dots. Use an ellipsis when omitting a word, phrase, line, paragraph, or more from a quotation. They save space or remove material that is less relevant. They are also useful in getting right to the point without delay or distraction. · Rule 1: Many writers use an ellipsis whether the omission occurs at the beginning of a sentence, in the middle of a sentence, or between sentences. · Rule 2: Ellipses can express hesitation, change of mood, suspense, or thoughts trailing off. Writers also use them to indicate a pause or wavering in an otherwise straightforward sentence. 1. Use properly spaced ellipses (^.^.^.^) to indicate omissions of an entire word or an entire group of words from quoted material. When working with ellipses, keep the following rules in mind: a. Do not use an ellipsis when omitting material from the beginning of a quoted sentence. Instead, convert the first letter of the first word quoted to a capital (in brackets) and begin your sentence there. For example: 2. When you omit a full sentence in the middle of a long quotation, insert a properly spaced ellipsis (^.^.^.^) at the end of the sentence that precedes the omission. Be sure to retain the closing punctuation for that sentence. Like this:

Capitalization:

· Definition: Capitalization is the writing of a word with its first letter in uppercase and the remaining letters in lowercase. Experienced writers are stingy with capitals. It is best not to use them if there is any doubt. · Rule 1: Capitalize the first word of a document and the first word after a period. · Rule 2: Capitalize proper nouns - and adjectives derived from proper nouns. · Rule 3: A thorny aspect of capitalization: where does it stop? There are not always easy formulas or logical explanations. Research with reference books and search engines is the best strategy. · Rule 4: Capitalize titles when they are used before names, unless the title is followed by a comma. Do not capitalize the title if it is used after a name or instead of a name. · Rule 5: Titles are not the same as occupations. Do not capitalize occupations before full names. · Rule 6a: Capitalize a formal title when it is used a direct address. · Rule 6b: Capitalize relatives' family names when they immediately precede a personal name, or when they are used alone in place of a personal name. · Rule 6c: Capitalize nicknames in all cases. · Rule 7: Capitalize specific geographical regions. Do not capitalize points of the compass. · Rule 8: In general, do not capitalize the word the before proper nouns. · Rule 8: Do not capitalize city, town, county, if it comes before the proper name. Ex. The city of New York. · Rule 10: Always capitalize the first word in a complete quotation, even midsentence. · Rule 11: For emphasis, writers sometimes capitalize a midsentence independent clause of question. · Rule 12: Capitalize the names of specific course titles, but not general academic subjects. · Rule 13: Capitalize art movements. · Rule 14: Do not capitalize the first item in a list that follows a colon. · Rule 15: Do not capitalize "the national anthem." · Rule 16a: Composition titles: which words should be capitalized in titles of books, plays, films, etc.? The following rules are universal: o Capitalize the title's first and last word. o Capitalize verbs, including all forms of the verb to be o Capitalize all pronouns including it, he, who, that, etc. o Capitalize not. o Do not capitalize a, an, or the unless it is the first or last in the title. o Do not capitalize the word and, or, nor unless it is the first or last in the title. o Do not capitalize the word to, with or without an infinitive, unless it is first or last in the title. · Rule 16b: Many books have subtitles. When including these, put a colon after the work's title and follow the same rules of composition capitalization for the subtitle.

Nouns

· Definition: a noun is a set of words for a person, place, thing, or idea. A noun of one more than one word (tennis court) is called a compound noun. · Common nouns are words for a general class of people, places, things, and ideas (man, city, award, honesty). They are not capitalized. · Proper nouns are always capitalized. They name specific people, places, and things (Joe, Chicago, Academy Award).

Dashes

· Definition: a prefix is a letter or set of letters placed before a root word. The word prefix contains the prefix pre- and expand or change the words meaning. · Rule 1: Hyphenate prefixes when they come before proper nouns or proper adjectives. · Rule 2: For clarity, many writers hyphenate prefixes needing in a vowel when the root word begins with the same letter. · Rule 3: Hyphenate all words beginning with the prefixes self-, ex- and all-. · Rule 4: Use a hyphen with the prefix re-when omitting the hyphen would cause confusion with another word. · Rule 5: Writers often hyphenate prefixes when they feel a word might be distracting or confusing without the hyphen. · Definition: A suffix is a letter or set of letters that follows a root word. They form new words or alter the original word to perform a different task. · Rule 1: Suffixes are usually not hyphenated. · Rule 2: For clarity, writers often hyphenate when the last letter in the root word is the same as the first letter in the suffix. · Rule 3: Use discretion - and sometimes a dictionary - before deciding to place a hyphen before a suffix. But do not hesitate to hyphenate a rare usage if it avoids confusion.

Hyphens with prefixes and suffixes:

· Definition: a prefix is a letter or set of letters placed before a root word. The word prefix contains the prefix pre- and expand or change the words meaning. · Rule 1: Hyphenate prefixes when they come before proper nouns or proper adjectives. · Rule 2: For clarity, many writers hyphenate prefixes needing in a vowel when the root word begins with the same letter. · Rule 3: Hyphenate all words beginning with the prefixes self-, ex- and all-. · Rule 4: Use a hyphen with the prefix re-when omitting the hyphen would cause confusion with another word. · Rule 5: Writers often hyphenate prefixes when they feel a word might be distracting or confusing without the hyphen. · Definition: A suffix is a letter or set of letters that follows a root word. They form new words or alter the original word to perform a different task. · Rule 1: Suffixes are usually not hyphenated. · Rule 2: For clarity, writers often hyphenate when the last letter in the root word is the same as the first letter in the suffix. · Rule 3: Use discretion - and sometimes a dictionary - before deciding to place a hyphen before a suffix. But do not hesitate to hyphenate a rare usage if it avoids confusion.

Periods

· Rule 1: Use a period at the end of a complete sentence. · Rule 2: If the last item in the sentence is an abbreviation that ends in a period, do not follow it with another period. · Question marks and exclamation points replace and eliminate periods at the end of the sentence.

Effective Writing

· Rule 1: Use concrete rather than vague language. · Rule 2: Use active voice whenever possible. Active voice means the subjects is performing the verb. Passive voice means the subject receives the action. · Rule 3: Avoid overusing there is, there are, it is , it was... · Rule 4: To avoid confusion (and pompousness), don't use two negatives to make a positive without good reason. · Rule 5: Use consistent grammatical form when offering several ideas. This is called parallel construction. · Rule 6: Place descriptive words and phrases as close as is practical to the words they modify. · Rule 7: A sentence fragment is usually an oversight or a bad idea. It occurs when you have only a phrase or dependent clause but are missing an independent.

Quotations (Part 3 - Nested)

· Rule 1: Use double quotation marks to set off a direct quote. · Rule 2: Either quotation marks or italics are customary for titles: magazines, books, plays, films, songs, poems, etc. · Rule 3: Use single quotations marks within quotations, and periods and commas always go inside quotes. · Rule 4: As a courtesy, make sure there is visible space at the start or end of a quotation between adjacent single and double quotation marks. · Rule 5: Quotation marks are often used with technical terms, terms used in an unusual way, or other expressions that vary from standard usage. · When quoted material runs more than one paragraph, start each new paragraph with opening quotation marks, but do not use closing quotation marks until the end of the passage.

Quotations (Part 4 - Block)

· Rule 1: Use double quotation marks to set off a direct quote. · Rule 2: Either quotation marks or italics are customary for titles: magazines, books, plays, films, songs, poems, etc. · Rule 3: Use single quotations marks within quotations, and periods and commas always go inside quotes. · Rule 4: As a courtesy, make sure there is visible space at the start or end of a quotation between adjacent single and double quotation marks. · Rule 5: Quotation marks are often used with technical terms, terms used in an unusual way, or other expressions that vary from standard usage. · When quoted material runs more than one paragraph, start each new paragraph with opening quotation marks, but do not use closing quotation marks until the end of the passage.

Quotations (part 2 - Direct)

· Rule 1: Use double quotation marks to set off a direct quote. · Rule 2: Either quotation marks or italics are customary for titles: magazines, books, plays, films, songs, poems, etc. · Rule 3: Use single quotations marks within quotations, and periods and commas always go inside quotes. · Rule 4: As a courtesy, make sure there is visible space at the start or end of a quotation between adjacent single and double quotation marks. · Rule 5: Quotation marks are often used with technical terms, terms used in an unusual way, or other expressions that vary from standard usage. · When quoted material runs more than one paragraph, start each new paragraph with opening quotation marks, but do not use closing quotation marks until the end of the passage.

Parentheses and Brackets:

· Rule 1: Use parentheses to enclose information that clarifies or is used as an aside. · Rule 2: Periods go inside parentheses only if an entire sentence is inside the parentheses. · Rule 3: Parentheses, despite appearances, are not part of the subject. · Rule 4: Commas are more likely to follow parentheses than precede them. · Rule 1: Brackets are interruptions when we see them, we know they've been added by someone else. They are used to explain or comment on the quotation. · Rule 2: When quoting someone or something that has a spelling or grammar mistake or presents material in a confusing way, insert the term sic in italics and enclose it in brackets. · Rule 3: In formal writing, brackets are often used to maintain the integrity of both a quotation and the sentence others use it in.

Writing Numbers (Part 1)

· Style guides differ, but according to Chicago write out numbers one through ninety-nine. · Rule 1: Spell out all numbers beginning a sentence. Years are an exception to this rule. · Rule 2: Hyphenate all compound numbers from twenty-one through ninety-nine. Also, hyphenate all written-out fractions · Rule 3: With figures of four or more digits, use commas. Count three spaces to the left to place the first comma. Continue placing commas after every three digits. Important: do not include decimal points when doing the counting. It is not necessary to use a decimal point or a dollar sign when writing out sums of less than a dollar. · Rule 4: For clarity, use noon and midnight rather than 12:00 PM and 12:00 AM. Generally, using numerals for the time of day has become widely accepted. · Rule 5: Mixed fractions are often expressed in figures unless they begin a sentence. · Rule 6: The simplest way to express large numbers is usually best. · Rule 7: Write decimals using figures. As a courtesy to readers, many writers put a zero in front of the decimal point. · Rule 8: When writing out a number of three or more digits, the word and is not necessary. However, use the word and to express any decimal points that may accompany these numbers. · Rule 9: The style of writing dates below is acceptable: o Ex. the 30th of June, 1934 o Ex. June 30, 1934 (no -th necessary) · Rule 10: When spelling out decades, do not capitalize them. · Rule 11: When expressing decades using figures, it is simpler to put an apostrophe before the incomplete numeral and no apostrophe between the number and the s. · Rule 12: You may also express decades in complete numerals. Again, it is cleaner to avoid an apostrophe between the year and the s.