Legal Writing: Issues and Solutions
24 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is identified as a common characteristic of legal writing?

  • Conciseness
  • Complex structure (correct)
  • Clarity
  • Engaging style

    • What historical incident illustrates the criticism of legal writing?

  • A new law was passed to improve legal documents.
  • A chancellor punished a lawyer for being too succinct.
  • A lawyer was celebrated for clarity in his writing.
  • A chancellor paraded a writer with a document through the court. (correct)

    • What did Thomas Jefferson criticize about legal writing in his time?

  • The over-reliance on metaphors and similes.
  • The use of excessive jargon and unfamiliar terms.
  • The trend towards using active voice instead of passive.
  • The frequent use of repetitive phrases. (correct)

    • What movement in the 1970s aimed to reform legal writing?

    <p>A push for plain language in legal documents.</p> Signup and view all the answers

    What benefit has been identified from writing in plain language for businesses?

    <p>Improved customer satisfaction</p> Signup and view all the answers

    Which contemporary legal education practice has evolved due to the plain language movement?

    <p>Incorporating plain language writing in legal courses.</p> Signup and view all the answers

    What is a potential consequence of unclear legal writing mentioned in the content?

    <p>Increased costs and legal disputes.</p> Signup and view all the answers

    How did the public react to the complicated nature of legal writing historically?

    <p>They found it amusing and subjected it to ridicule.</p> Signup and view all the answers

    What action caused the fireworks package to fall on the rails?

    <p>The guard on the platform pushed the man.</p> Signup and view all the answers

    What is a distinctive characteristic of Cardozo's writing style in this passage compared to traditional legal writing?

    <p>Economy of words and clarity.</p> Signup and view all the answers

    What is the primary focus of the passage regarding writing?

    <p>Practice is essential to mastering plain English.</p> Signup and view all the answers

    How does Cardozo handle sentence construction in his writing?

    <p>He employs mainly simple sentences with one main thought.</p> Signup and view all the answers

    Which aspect of verbs does Cardozo prioritize in his writing style?

    <p>Utilizing active voice for clarity.</p> Signup and view all the answers

    What was contained in the package that fell on the rails?

    <p>A collection of fireworks.</p> Signup and view all the answers

    What can be inferred about the scale's fall after the explosion?

    <p>It was a direct result of the explosion's impact.</p> Signup and view all the answers

    What does the mention of 'no wide gaps' in sentence structures signify about Cardozo's writing?

    <p>It enhances the readability and flow.</p> Signup and view all the answers

    Which of the following best describes the main goal of rewriting court rules and legal documents?

    <p>To make them easier for lawyers and judges to use</p> Signup and view all the answers

    What issue is highlighted regarding law students in their first jobs?

    <p>They find the legal writing style they learned is often unacceptable</p> Signup and view all the answers

    Which of the following is NOT identified as a characteristic of plain English legal writing?

    <p>Choosing complex legal jargon</p> Signup and view all the answers

    What common behavior do many individuals exhibit towards legal documents such as terms of service?

    <p>They rely heavily on the author's integrity over understanding</p> Signup and view all the answers

    What humorous example illustrates the consequences of dense legal writing?

    <p>Shoppers agreeing to unusual payment methods</p> Signup and view all the answers

    What underlying premise regarding good legal writing is presented?

    <p>It should not differ from well-written English without justification</p> Signup and view all the answers

    In the context of legal writing, which of these practices is encouraged?

    <p>Eliminating unnecessary words</p> Signup and view all the answers

    Which audience is indicated as struggling with understanding legal documents?

    <p>The general public and clients</p> Signup and view all the answers

    Study Notes

    • Legal writing is often criticized for being wordy, unclear, pompous and dull.
    • In 1596, an English chancellor punished a lawyer for writing a long-winded document by making him wear it as a hat (120 pages).
    • Thomas Jefferson criticized legal writing for using unnecessary words like "said" and "aforesaid".
    • A plain-language movement began in the 1970s to improve readability of legal documents.
    • This movement led to legal writing courses in law schools, plain language rewrites of court rules and government documents, and plain-language jury instructions.
    • Many legal documents remain written in a dense and complex style, which can lead to confusion and misunderstanding among readers.

    Why Plain English?

    • Plain English uses common words, clear phrasing, and avoids unnecessary words allowing readers to easily understand the text.
    • Plain English benefits businesses and government institutions by improving communication and reducing costs.
    • The goal of plain English legal writing is to make it clear and approachable for all readers.
    • Example of Plain English from Palsgraf v.Long Island Railroad Co.: "Plaintiff was standing on a platform of defendant's railroad after buying a ticket to go to Rockaway Beach. A train stopped at the station, bound for another place. Two men ran forward to catch it. One of the men reached the platform of the car without mishap, though the train was already moving. The other man, carrying a package, jumped aboard the car, but seemed unsteady as if about to fall. A guard on the car, who had held the door open, reached forward to help him in, and another guard on the platform pushed him from behind. In this act, the package was dislodged and fell upon the rails. It was a package of small size, about fifteen inches long, and was covered by newspaper. In fact it contained fireworks, but there was nothing in its appearance to give notice of its contents. The fireworks when they fell exploded. The shock of the explosion threw down some scales at the other end of the platform many feet away. The scales struck the plaintiff, causing injuries for which she sues."
    • Plain English characteristics:
      • Eliminating unnecessary words
      • Choosing common words
      • Arranging words for clarity
      • Preferring active voice
      • Avoiding overly long sentences
      • Using easy-to-read design techniques

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Chapter 1: Why Plain English? PDF

    Description

    Explore the challenges and solutions in legal writing. This quiz delves into the historical criticisms of legal documents and the evolution towards plain language. Learn about the impact of plain English on improving accessibility and communication in legal contexts.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser