Legal Drafting and Statutory Language History
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Questions and Answers

What fundamental aspect is necessary for the effectiveness of a statute or rule?

  • It is understood by the affected public. (correct)
  • It is subjected to judicial review.
  • It uses complex legal jargon.
  • It allocates resources equally.

Which historical document first required court pleas to be expressed in English?

  • The Petition of Right
  • The Statute of Pleadings (correct)
  • The Magna Carta
  • The English Bill of Rights

What was John Adams' perspective on the language used in statutes?

  • He advocated for the use of Latin.
  • He wanted statutes to be lengthy and detailed.
  • He believed it should be simplified. (correct)
  • He supported the use of classical rhetoric.

What criticism did Thomas Jefferson have about certain statutes?

<p>They were overly complicated and confusing. (B)</p> Signup and view all the answers

Who initiated the effort to improve legal drafting in England in the 18th century?

<p>Jeremy Bentham (C)</p> Signup and view all the answers

What indicates the success of legal drafting initiatives, according to the given information?

<p>The form contract for the sale of real estate from Florida. (C)</p> Signup and view all the answers

What did Jeremy Bentham advocate regarding the drafting of laws?

<p>Laws should be drafted in comprehensible language. (D)</p> Signup and view all the answers

Which federal agency instituted Plain English requirements for certain disclosures?

<p>The Securities and Exchange Commission. (A)</p> Signup and view all the answers

In what year were all English statutes finally mandated to be written in English?

<p>1489 (A)</p> Signup and view all the answers

What aspect of legal drafting did the Plain English movement seek to address?

<p>Complex sentence structures. (B)</p> Signup and view all the answers

One significant issue resulting from poorly drafted statutes and rules is that they affect:

<p>Many who may not have a choice in compliance. (C)</p> Signup and view all the answers

What characteristic does the 2010 Florida form contract possess that complicates understanding for typical users?

<p>It is lengthy, averaging over 15 words per line. (B)</p> Signup and view all the answers

What is a proposed solution to the issues stemming from poorly drafted legal documents?

<p>Mandating parties to always have legal representation. (B)</p> Signup and view all the answers

What misconception is common among lawyers regarding their drafting abilities?

<p>That they often consider themselves expert drafters. (C)</p> Signup and view all the answers

How many pages long is the specified form contract for the sale of real estate issued in Florida?

<p>11 pages. (C)</p> Signup and view all the answers

What challenge is presented by poorly drafted contracts compared to well-drafted ones?

<p>They can impose broad compliance requirements without informed consent. (C)</p> Signup and view all the answers

What was Bentham's significant contribution to legal drafting?

<p>He emphasized the use of familiar legal terms. (D)</p> Signup and view all the answers

Which of the following did George Coode criticize in legal drafting?

<p>The traditional placement of provisions at the end of sentences. (A)</p> Signup and view all the answers

What did Thring's Practical Legislation contribute to legal drafting?

<p>It solidified the movement towards Plain English. (A)</p> Signup and view all the answers

Which of the following best describes Driedger's work?

<p>It was published in Canada and addressed legislative composition. (A)</p> Signup and view all the answers

What gap in focus has existed in legal drafting efforts in the United States historically?

<p>Insufficient focus on statute and rule drafting specifically. (C)</p> Signup and view all the answers

What did Flesch's book, the Art of Plain Talk, aim to improve?

<p>The clarity in everyday communication. (D)</p> Signup and view all the answers

Which method did Coode introduce that became associated with the Plain English movement?

<p>The separation of legal subjects from actions. (A)</p> Signup and view all the answers

What aspect of legal drafting did Ilbert focus on in his work published in 1901?

<p>The stylistic concerns of legal draftsmanship. (D)</p> Signup and view all the answers

What historical factors contributed to the problem of poor legal drafting?

<p>The use of Latin and the subsequent Norman conquest. (A)</p> Signup and view all the answers

Which statement best describes the perception of lawyers regarding their writing skills?

<p>Lawyers often see themselves as well-trained and expert drafters. (C)</p> Signup and view all the answers

What educational development has negatively impacted students' legal writing skills?

<p>The elimination of cursive writing from the curriculum. (D)</p> Signup and view all the answers

How did the educational reforms of the 1970s affect legal writing instruction?

<p>They focused more on creative writing than essential skills. (B)</p> Signup and view all the answers

What critique did Rudolph Flesch express regarding primary education?

<p>The methods used lack relevance to real-life writing tasks. (B)</p> Signup and view all the answers

What criticism is directed at the legal research and writing course in law schools?

<p>It gives the illusion of teaching good writing skills. (C)</p> Signup and view all the answers

What implication does the current educational approach have on college graduates' writing abilities?

<p>Many students never engage in meaningful writing assignments. (A)</p> Signup and view all the answers

What structural issue exists in the legal writing courses that hinders their effectiveness?

<p>Each course is condensed to a two credit format. (B)</p> Signup and view all the answers

What was the stated purpose of the Nixon Administration's decree in 197Z regarding the Federal Register?

<p>To ensure the Federal Register was written in laymen's terms (B)</p> Signup and view all the answers

What limitations does the Plain Writing Act have regarding its applicability?

<p>It excludes rules issued by Federal agencies (B)</p> Signup and view all the answers

Which committee handles the adoption of rules governing procedures in the Federal Courts?

<p>The US Judicial Conference's Standing Committee on Rules (A)</p> Signup and view all the answers

How have revisions to the Federal Rules of Appellate Procedure been influenced since 1997?

<p>By applying basic Plain English principles (D)</p> Signup and view all the answers

Which of the following statements about the Plain Writing Act's definition of clear writing is accurate?

<p>It allows for various interpretations of clear writing (C)</p> Signup and view all the answers

What aspect of legal documents has remained largely unchanged despite the push for plain language?

<p>The traditional legal style used for many years (B)</p> Signup and view all the answers

Which type of documents at the state level have seen some adoption of plain language requirements?

<p>Consumer contracts and insurance policies (B)</p> Signup and view all the answers

What was the overall reception to the passage of the Plain Writing Act?

<p>It was viewed as a minimal improvement (D)</p> Signup and view all the answers

What was one of the primary goals of rewriting the rules of civil procedure in Great Britain in 1999?

<p>To make them understandable for litigants without lawyers. (A)</p> Signup and view all the answers

What criticism did Professor Frank Grad express regarding Plain English in legislative drafting?

<p>Complex problems require complex language. (D)</p> Signup and view all the answers

Brian Hunt challenges which two basic assumptions of Plain English advocates?

<p>That ordinary people want to read legislation and that Plain English legislation functions as effectively. (A)</p> Signup and view all the answers

According to the content, what is one outcome of using Plain English in statutes and rules?

<p>It produces no greater clarity than traditional language. (B)</p> Signup and view all the answers

What is one reason Hunt provides against using Plain English in legislative drafting?

<p>It is too simplistic for complex legislative issues. (B)</p> Signup and view all the answers

What is the general stance of experts criticizing Plain English in legal drafting?

<p>They caution against its effectiveness in complex legal contexts. (B)</p> Signup and view all the answers

What perspective did Brian Hunt express about people's desire to read legislation?

<p>There is little evidence supporting that ordinary people have such a desire. (A)</p> Signup and view all the answers

How do critics perceive the effect of using Plain English language on the effectiveness of legal documentation?

<p>It does not guarantee an increase in effectiveness over traditional drafting. (A)</p> Signup and view all the answers

What principle is emphasized in legal writing during the first semester?

<p>KISS (Keep It Simple, Stupid) (A)</p> Signup and view all the answers

What is a significant limitation of the legal writing instruction in the first year?

<p>Insufficient classroom time with experienced instructors (D)</p> Signup and view all the answers

What is the focus of the second semester in the legal writing course?

<p>Moot court program (B)</p> Signup and view all the answers

Which issue affects the effectiveness of legal writing instruction in many law schools?

<p>Instructors often lack practical experience (C)</p> Signup and view all the answers

What is a common outcome for law students' legal writing skills after the first year?

<p>They acquire minimal writing skills (A)</p> Signup and view all the answers

What do most law professors believe about their legal writing skills?

<p>They consider themselves excellent legal writers (A)</p> Signup and view all the answers

What alternative opportunities exist for improving legal writing in later years of law school?

<p>Courses in legislative drafting and law review (B)</p> Signup and view all the answers

What is one of the major criticisms of legal writing courses in law schools?

<p>Short duration and lack of experienced instructors (D)</p> Signup and view all the answers

What is a significant implication of the lengthy Florida real estate contract for inexperienced signers?

<p>It requires each party to have their own attorney. (A)</p> Signup and view all the answers

What was a major issue identified with statutory and rule drafting?

<p>Poor drafting has broader implications than private documents. (D)</p> Signup and view all the answers

What is one reason why consumers might struggle with understanding complex contracts?

<p>They generally lack access to legal advice. (D)</p> Signup and view all the answers

Which federal agency implemented regulations requiring the use of Plain English in certain filings?

<p>Securities and Exchange Commission (D)</p> Signup and view all the answers

How does the drafting of private legal documents differ from that of statutes or rules?

<p>Private documents usually affect fewer people. (D)</p> Signup and view all the answers

What does the complexity and length of the real estate contract suggest about the state of legal drafting?

<p>It highlights failures in legal writing practices. (C)</p> Signup and view all the answers

What misconception do lawyers typically hold about their drafting skills?

<p>They believe they are inherently skilled drafters. (D)</p> Signup and view all the answers

What is one of the primary challenges posed by poorly drafted statutes?

<p>They can result in widespread confusion and compliance issues. (B)</p> Signup and view all the answers

What was the focus of the Law Reform Commission of Victoria, Australia in 1987?

<p>Combining Plain English with statute and rule drafting (C)</p> Signup and view all the answers

What did the executive order issued by President Carter in 1978 mandate?

<p>Federal regulations to be written in plain English (B)</p> Signup and view all the answers

Which president's order in 1998 further required the implementation of plain language in federal agency documents?

<p>President Bill Clinton (A)</p> Signup and view all the answers

What is one significant outcome of the Plain Writing Act of 2010?

<p>Obligated agencies to write in plain language (A)</p> Signup and view all the answers

What was the focus of the first major report combining Plain English and legal drafting?

<p>Simplifying legal documents for the general public (A)</p> Signup and view all the answers

Which president's order was believed to mandate the Federal Register to be in layman's terms?

<p>President Nixon (C)</p> Signup and view all the answers

How did the Bush Administration respond to the initiative for plain language in federal rules?

<p>Ignored the initiative, taking no further action (D)</p> Signup and view all the answers

What was emphasized in the guidelines established by President Obama in Executive Order 13563?

<p>Ensuring regulations are written in plain language (C)</p> Signup and view all the answers

Who is often identified as the father of the Plain English movement?

<p>Jeremy Bentham (D)</p> Signup and view all the answers

What major technique did George Coode criticize in his approach to legal drafting?

<p>The usage of the proviso (B)</p> Signup and view all the answers

Which work addressed the transition from French to English in legal contexts?

<p>The Language of the Law (C)</p> Signup and view all the answers

What did Thring's Practical Legislation aim to address in the drafting of laws?

<p>The organization and clarity of legal language (D)</p> Signup and view all the answers

Which publication first prompted legal drafting improvement efforts in Canada?

<p>Composition of Legislation (A)</p> Signup and view all the answers

What was one of the primary focuses of Flesch’s book, the Art of Plain Talk?

<p>Improving legal drafting overall (D)</p> Signup and view all the answers

What aspect of legal drafting did Ilbert's work published in 1901 primarily address?

<p>The processes of legislative writing techniques (D)</p> Signup and view all the answers

Which of the following statements best reflects a common misunderstanding about the focus of legal drafting reforms in the U.S.?

<p>Early reforms concentrated solely on statute drafting. (B)</p> Signup and view all the answers

What concern did Professor Frank Grad express regarding Plain English in legislative drafting?

<p>It is overly simplistic for legal issues (D)</p> Signup and view all the answers

What did Brian Hunt argue regarding the effectiveness of Plain English legislation?

<p>There is no clear evidence supporting its effectiveness (A)</p> Signup and view all the answers

Which assumption of Plain English advocates did Brian Hunt challenge?

<p>That the general public wants to read legislation (B)</p> Signup and view all the answers

What is one conclusion Hunt reached about using simple words in statutes?

<p>It does not significantly improve clarity (B)</p> Signup and view all the answers

What is a common criticism of Plain English by some experts?

<p>It simplifies complex ideas to the point of distortion (D)</p> Signup and view all the answers

According to critics, what is one issue with the assumption that Plain English legislation is inherently clearer?

<p>Words do not inherently possess clarity (A)</p> Signup and view all the answers

What has been largely absent in the critiques of Plain English in legal drafting?

<p>Meaningful criticism and evidence (B)</p> Signup and view all the answers

What solution does Hunt propose for the clarity of legal documents?

<p>Drafting statutes in clear language for broader understanding (D)</p> Signup and view all the answers

According to the content, who is primarily intended to be the audience of legislation?

<p>Lawyers and legal professionals (B)</p> Signup and view all the answers

What potential conflict arises when interpretation differs between a statute and its explanatory materials?

<p>The statute is usually favored in court interpretations (A)</p> Signup and view all the answers

What aspect of drafting does Hunt overlook according to the content?

<p>The importance of administrative rules in Plain English (B)</p> Signup and view all the answers

What is a criticism of using complex language in legal documents?

<p>It alienates non-lawyers from understanding legal matters (C)</p> Signup and view all the answers

What do proponents of Plain English argue regarding legal drafting problems?

<p>It is a solution to issues of poor legal drafting (D)</p> Signup and view all the answers

What drafting practice is highlighted as essential alongside word selection?

<p>Drafting style and coherence (A)</p> Signup and view all the answers

Why is it challenging to interpret poorly drafted statutes as per the discussion?

<p>They can lead to conflicting interpretations in practice (A)</p> Signup and view all the answers

Flashcards

Good Legal Drafting

The practice of using clear, concise, and precise language in legal documents, ensuring that the intended meaning is easily understood and unambiguous.

Poor Legal Drafting

The issue of using unclear, vague, or complicated language in legal documents, hindering understanding and potentially leading to disputes.

Historical Roots of Poor Legal Drafting

The use of Latin and French in legal documents after the Norman conquest of England in 1066. This resulted in complex and inaccessible language for the general public.

Critics' Perspective on Legal Drafting

The criticism of lawyers for lacking the writing skills necessary to produce clear and effective legal documents.

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Educational Contributions to Poor Legal Drafting

The argument that the legal education system, particularly in law schools, does not adequately teach students how to write effectively for legal purposes.

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Decline of English Grammar

The decline in English grammar and composition skills in elementary and secondary education, possibly contributing to a lack of writing proficiency among law students.

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Legal Education Neglect of Writing Skills

The traditional focus on rote memorization and case analysis in law schools, which may inadvertently neglect the development of writing skills.

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Structure of Legal Writing Courses

The structure of legal writing courses in law schools, often limited by credit hours, may not allow for sufficient time to develop comprehensive writing skills.

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Plain Language Drafting

The practice of writing laws and regulations in a clear and understandable way, often using plain language.

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Legal Drafting

The process of creating contracts or legal documents for specific legal situations, such as real estate transactions.

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Misconception of Legal Drafting Expertise

The misconception that all lawyers are skilled in drafting legal documents, leading to poorly written laws and contracts.

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Real Estate Contract

A legal document that lays out the terms and conditions of a real estate sale, often complex and lengthy.

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Statutory and Rule Drafting

The creation of legal documents that affect a large number of people, such as laws and regulations.

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Impact of Poorly Drafted Laws

When legal documents are poorly written, they can have a wider impact and affect more people than poorly drafted private documents.

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Legal Implications of Poor Drafting

The potential for legal issues and misinterpretations because of a lack of clarity in written laws and regulations.

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Legal Advice and Representation

The importance of legal advice and representation when dealing with complex legal documents, especially those affecting many people.

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Public Understanding of Law

The ability of the public to understand their rights and obligations under the law is crucial for due process.

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Plain Language in Law

Legal documents need to be written in plain language so that the general public can understand them, similar to the idea of "common sense in common language."

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Statute of Pleadings (1362)

An early English law requiring legal pleadings to be in English, demonstrating the importance of accessible legal language.

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Clarity and Accessibility in Law

Making laws clear and understandable for the public is essential, just as it was important for English statutes to be written in English following the Statute of Pleadings.

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Historical Roots of Plain Language in Law

The idea that legal documents should be written in plain language is not a new concept.

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Critiques of Complex Legal Language

John Adams and Thomas Jefferson criticized the convoluted language of statutes, advocating for clarity and accessibility.

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Bentham's Code of Laws

Jeremy Bentham argued for a codified legal system that could be understood by the common person.

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Clarity in Codified Law

Bentham's vision for a code of laws prioritized clear and understandable language for everyone.

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Plain English in Legal Drafting

Using everyday language in legal documents, aiming for clarity and understanding.

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Professor Frank Grad

A professor who argued against plain English in legal drafting, believing complex issues require complex language.

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Plain Language in Legislative Drafting

An article by Brian Hunt that criticizes the use of plain English in legal drafting.

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Public Interest in Legislation

The assumption that ordinary people want to read legislation, challenged by critics of plain English.

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Effectiveness of Plain English Legislation

The assumption that plain English legislation will be as effective as traditional legal language.

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Ambiguity of Words in Legislation

The argument that no word is inherently clear, so using simpler words may not necessarily improve clarity in legislation.

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Office of Parliamentary Counsel

A drafting service that uses traditional legal language in drafting legislation.

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Plain English

Using straightforward language that is easy for the general public to understand, avoiding jargon and complex sentence structures.

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Plain English Drafting

The practice of drafting laws and regulations in a clear and understandable way, using plain language.

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Using Familiar Legal Terms

The principle of using familiar terms in legal documents so that people can understand them easily. If technical terms are needed, they should be defined clearly.

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Plain English Style

A style of legal writing that emphasizes clarity and conciseness. It involves avoiding unnecessary jargon and complex sentence structures.

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Jeremy Bentham

A historical figure who advocated for using plain language in legal documents, considered a forerunner of the Plain English movement.

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Who and What in Statutes

A key element of Plain English drafting, focusing on identifying who is affected by a law and what action they should take.

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Legal Subject and Legal Action

An approach to drafting statutes that focuses on the subject matter and the action required, similar to the “Who” and the “What” in Plain English drafting.

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Conditions at the Beginning

A drafting technique that involves placing conditions at the beginning of a sentence instead of using provisos at the end, a cornerstone of Plain English style.

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Plain Language Act (1976)

The 1976 Plain Language Act aims to make government documents easier to understand by requiring the use of clear and concise language. However, the Act doesn't apply to laws or regulations made by Congress or federal agencies.

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US Supreme Court Guidelines for Court Rules

The US Supreme Court created guidelines to use plain English in court rules, initially used in revisions of appellate procedures in 1998 and later in Civil Procedure and Evidence rules.

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Limitations of the Plain Language Act

While the 1976 Plain Language Act promotes clear language, its definition of 'clear writing' is vague and lacks strong enforcement mechanisms, raising doubts about its overall effectiveness.

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Plain Language in State Laws

Many states have adopted plain language rules for consumer contracts and insurance policies to make them easier for people to understand. However, these rules are not usually applied to state laws or regulations.

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Nixon's 'Plain Language' Decree (Alleged)

The Nixon Administration supposedly issued a decree requiring the use of plain language in the Federal Register in 1972. However, no evidence of such an order exists, highlighting the need for reliable sources and documentation.

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Exemptions from the Plain Language Act

While the 1976 Act encouraged using plain writing, it does not apply to statutes passed by Congress or rules made by federal agencies, limiting its scope and impact.

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History of Plain Language Executive Orders

The history of executive orders regarding plain language can be found in resources like the Plain Writing Legislative History and the PlainLanguage.gov website, showcasing the ongoing efforts to promote clear communication in government.

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Plain Language in Federal Agencies

Federal agencies are often required to use plain language in their documents, ensuring that information is accessible and understandable by the public.

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Limited Legal Writing Instruction

Law students often receive limited instruction in legal writing, with most focusing on memorization and case analysis.

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Benefits of Plain English

The use of plain English in legal documents can improve understanding and clarity, making legal information accessible to a wider audience.

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Historical Roots of Plain Language

The concept of using plain language in legal documents has historical roots, with figures like John Adams and Jeremy Bentham advocating for clear and accessible legal writing.

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Criticism of Plain English Drafting

Some argue that complex legal issues require complex language, questioning the effectiveness of plain English in legal drafting.

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Supreme Court Guidelines for Plain English

The US Supreme Court has issued guidelines for using plain English in court rules, focusing on making procedures clearer for lawyers and the public.

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Legal Documents: Length & Complexity

The problem of legal documents being too long, complex, and filled with technical jargon, making them difficult for people to understand.

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Plain Language Movement

A movement advocating for clearer legal language, aiming to improve accessibility and understanding for the general public.

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Plain Language in Government

The use of plain language in government documents, including laws and regulations, making them more accessible to the public.

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Executive Order 12044

An executive order issued by President Carter in 1978, mandating the use of plain language in federal regulations.

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Plain Writing Act of 2010

A formal act of Congress, passed in 2010, requiring federal agencies to use plain language in their documents.

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Plain Language in Court Rules

The use of plain language in court rules and procedures, making them more accessible to lawyers and the general public.

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Complexity Argument

The idea that complex legal issues require complex language, often used as an argument against plain English drafting.

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Lawyers as the Intended Audience

The argument that lawyers are the key audience for legislation and that it should be drafted with their understanding in mind. This view separates the communication of the law from the explanation of the law.

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What is Plain English?

Plain English, or plain language, is the use of clear, concise, and accessible language in legal documents, aiming to make them understandable for the general public.

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Who criticized Plain English in legal drafting?

Professor Frank Grad, a prominent legal scholar, criticized Plain English in legal drafting. He argued that complex legal issues often require complex language.

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What are the arguments against using Plain English in legislation?

Brian Hunt, a legal drafter for the Irish Parliament, argues that Plain English in legislation may not improve clarity. He contends that no word is inherently clear and using simpler words doesn't always result in greater understanding.

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What is one critique of using Plain English in legislation?

One of the common critiques of Plain English in legal drafting is that ordinary people are not interested in reading laws and regulations, suggesting that the effort to make legal documents easier to understand may be futile.

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What is a key assumption of using Plain English in legislation?

A key assumption behind using Plain English in legal texts is that laws written in simpler language will be as effective as those written in traditional legal jargon. Critics argue that clarity isn't guaranteed by using easier words.

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Where is Plain English commonly used?

In the US, government documents are often required to use plain language, making information accessible to the public. This initiative aims to make government communication clear and readily understandable.

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What are some limitations of the Plain Language Act?

The Plain Language Act of 1976 encourages clear writing in government documents but explicitly excludes laws and regulations passed by Congress or federal agencies, limiting its scope and application.

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What role does the US Supreme Court play in promoting plain language?

Although the US Supreme Court doesn't directly require plain language in all legal documents, it has issued guidelines for using plain language in court rules. This initiative aims to improve clarity and understanding within the legal system.

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Study Notes

Chapter 1: The Never Ending Struggle

  • Poor legal drafting has been a persistent problem since the beginning of legal professions
  • Blame has often been placed on lawyers, specifically noting their lack of writing skill, and a failure to recognize writing flaws in their colleagues.
  • Legal education contributes to the problem by focusing on multiple-choice questions instead of essay answers, with less emphasis placed on legal writing skills.
  • The poor quality of legal writing instructors also contributes to the problem, as many instructors lack experience or full faculty status, leading to less effective teaching of legal writing
  • Attempts have been made to combat bad legal drafting by teaching legislative and rule drafting that focuses on Plain English.
  • There exist courses on legal writing and legislative drafting that reach only a minority of students.
  • Poorly drafted rules and statutes disproportionately affect the public as compliance is not clear.
  • Current issues surrounding legal writing include the use of Plain English.
  • Some legal professionals consider themselves skilled writers (despite weaknesses)

Special Problems of Statutory and Rule Drafting

  • Statutory and rule drafting has more serious problems than other legal documents (e.g., contracts), due to the widespread impact that poorly drafted statutes and rules have on the public
  • The public is impacted far more directly by statutory and rule drafting, not having the opportunity to negotiate or have legal counsel, as opposed to the private nature of negotiations surrounding individual contracts.
  • There are books and articles about improvements in legal drafting, but most focus on private forms like contracts, rather than specifically legislative writing.
  • The Florida State Bar (a body under the Florida Supreme Court), and the Florida Board of Realtors jointly issued real estate contracts in 2010 that were extremely lengthy (600+ lines, avg over 15 words per line). Length and complexity are problematic in this case.
  • Legislation should be written in plain language, with definitions of technical terms for the public to understand
  • Poor legal drafting is a universal issue, as lawyers often mistakenly think of themselves as experts.
  • Early efforts at improving legislative drafting, such as Bentham's work in England, identified problems with overly complicated language and provided suggestions for improvement
  • The US Supreme Court has adopted guidelines to draft clear legal rules
  • Plain English is not inherent in itself, and there is some criticism around it (see section below).

Critics of Plain English in Drafting Statutes and Rules

  • Criticism exists regarding the use of Plain English drafting statutes and rules, emphasizing that complexity is desirable and can convey legal specificity, while plain English can diminish the precision of legislative documents.
  • There is some disagreement about plain language in legislation: some argue that complexity is necessary for precise legal meaning; however, plain language enhances public understanding, promoting compliance
  • Some argue that not being overly clear can aid in court rulings, where the precise interpretation of vague statutes and rules benefits the court system in legal interpretation processes.
  • Plain English should aim to ensure the public understands their rights/duties; however, some critics argue that this might dilute legal precision.
  • Some disagree with the use of plain English emphasizing the importance of legal nuances in statutes and rules, suggesting that plain English might compromise the effectiveness of the legislation.
  • Clarity in legal texts (in statutes/rules) is hard to ensure, especially concerning the language's use, thus affecting public understanding and interpretation of rights and obligations
  • Laws should be understandable to the public at large. Those who write legal texts need to consider the intended audience, since clarity is critical.

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Chapter 1 - The Never Ending Struggle PDF

Description

This quiz explores the fundamental aspects of legal drafting and the history of statutory language in the English legal system. Participants will answer questions about key historical documents, critiques from prominent figures like Jefferson and Adams, and the movement towards Plain English in legal writing.

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CourtlyAwareness
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Legal Drafting Fundamentals: Time Expressions and Techniques

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PerfectTopology
Legal Drafting and Witness Statements
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Legal Drafting and Witness Statements

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AttractiveTrumpet6760
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