Lecture 2 - Grammar and Usage for Legal Writing.pdf

5.10707: LAW STUDY SKILLS & LIBRARY RESEARCH ( L ANGUAG E & C O M M U NI CATI O N S K I L L S C O M P ONE NT ) Lecture 2: Grammar and Usage for Legal Writing  OBJECTIVES At the end of this lecture, you will be able to:  Explain what ‘gramm...

5.10707: LAW STUDY SKILLS & LIBRARY RESEARCH ( L ANGUAG E & C O M M U NI CATI O N S K I L L S C O M P ONE NT ) Lecture 2: Grammar and Usage for Legal Writing  OBJECTIVES At the end of this lecture, you will be able to:  Explain what ‘grammar’ is, and its importance in communication.  Recognize the role of grammar in sentence development and meaning- making.  Identify the rules of grammar and usage that apply to legal writing.  Write legal documents using the appropriate rules of English Grammar.  INTRODUCTION Communication is an essential part of our daily lives, whether we are interacting with friends, colleagues, or strangers. Language plays a critical role in communication, allowing us to convey our thoughts, ideas, and emotions effectively. However, the effectiveness of communication is heavily dependent on the proper use of grammar. Grammar is essential for effective communication as it provides a systematic structure and set of rules that govern how words and sentences are used to convey meaning. Without proper grammar, communication can become confusing, unclear, and even misleading. Hence, grammar is important for effective communication as its proper use can help us to convey our ideas clearly, concisely, and precisely, while also enhancing our credibility and professionalism. Therefore, it is essential to be grammatically competent, whether it is in writing or in speech.  WHAT IS GRAMMAR? “Grammar is to a writer what anatomy is to a sculptor, or scales to a musician. You may loathe it, it may bore you, but nothing will replace it, and once mastered it will support you like a rock” ~ B.J. Chute ~ Grammar is “the system and structure of a language, including its Morphology, syntax, and semantics” (Fluent Life, 2023). It provides a set of rules that govern how words are combined to form meaningful sentences, and how those sentences are organized to express ideas clearly. Just like engineering tells us the rule of how to build a wall with brick, grammar tells us the rule of how to put words together to build or make meaning. So, how does grammar affect language use? Grammar influences language use at different levels. Within each level, there are certain rules and patterns that describe how language elements can be combined and how they relate to other elements of other levels. The chart below provides an overview of language at the different levels. Word (Word classes - Parts of Speech & Meaning - Denotations and Connotations) Phrase (Types of phrases - Noun, Verbal, Adjective, Adverbial, Prepositional & Appositive) Clause (Types of Clauses - Dependent & Independent Clauses) Sentence (Types of Sentences, Linking Sentences, Sentence Organization & Grammatical Mood) Discourse (Register - Formal or Informal, Text Type & Context) THE IMPORTANCE OF GRAMMAR “…language is basic to almost everything we do – and the more you master it, the more effectively you’ll think, speak, and write” ~ Bryan A. Garner ~ Grammar exists to make communication easier. It is a way to standardize how we use the English language, which cuts down on communication errors. Hence, proper grammar is important as it can aide effective communication in a number of ways: o It ensures clarity in communication; o It improves accessibility; o It enhances our credibility & o it makes appropriate emphasis. So, to what extent is grammar important in law? Mastering grammar is fundamental for legal professionals to draft clear, precise, and persuasive documents, ensuring effective communication and accurate interpretation of laws. 1. It ensures clarity and precision in legal documents to avoid ambiguity. For instance, incorrect word choices can change the meaning of a sentence, potentially altering the outcome of a case. 2. It enhances the credibility of legal professional. It reflects one’s professionalism and attention to detail. 3. It ensures clear and correct interpretation of laws. For example, the placement of a comma, or the use of a particular verb tense can influence how a law is understood and applied. 4. It ensures effective communication. It ensures that arguments are presented logically and persuasively in order to be convincing. 5. It prevents misunderstandings & disputes. It can cut down on ambiguous language, which can lead to multiple interpretations that might in turn result in costly legal battles.  THE BASIC RULES OF ENGLISH GRAMMAR FOR LEGAL WRITING “If you want to break the rules of grammar, first learn the rules of grammar” ~ Kurt Vonnegut ~ Having a firm grasp of legal English grammar is essential for the success of law students and legal professionals. Here are some basic rules of English for legal writing: 1. Absolute Constructions In legal English, absolute constructions are used to provide additional information about a subject or a situation. They consist of a noun or pronoun followed by a participle or participial phrase. For example; All parties having signed the agreement, it is now legally binding. In this example, the absolute construction is "All parties having signed the agreement." It provides additional information about the agreement and sets the context for the main clause, which states that the agreement is legally binding. 2. Comparisons Comparisons are frequently used in legal language to illustrate similarities or differences between parties, actions, or situations. They often employ comparative and superlative forms of adjectives and adverbs. For example; Incorrect: The punishment for first-degree murder is as severe or more severe than manslaughter. Here, the use of "as severe or more severe" creates redundancy and is grammatically incorrect. Correct: The punishment for first-degree murder is as severe as or more severe than manslaughter. In this version, the structure correctly compares the severity of the punishment for first- degree murder and manslaughter & acknowledges the possibility that the punishment for first-degree murder can be equal to or greater in severity than manslaughter. 3. Dangling Modifiers Dangling modifiers occur when a modifier in a sentence does not clearly refer to the intended subject. This can lead to confusion or unintended meanings. For example; Incorrect: Having reviewed the case thoroughly, the court's decision was rendered. In this example, there is a dangling modifier: "Having reviewed the case thoroughly." The intended subject of the modifier is missing, resulting in a grammatical error. The sentence suggests that the court's decision reviewed the case, which is illogical. The modifier should have a subject that aligns with the main clause. Correct: Having reviewed the case thoroughly, the judge rendered the court's decision. To correct the sentence and clarify the intended meaning, you need to state the subject explicitly. In this revised sentence, it is clear that the judge reviewed the case thoroughly, and as a result, the court's decision was rendered. The subject of the introductory phrase ("the judge") is now properly connected to the main clause, addressing the dangling modifier. 4. Sentence Fragments Fragments are incomplete sentences that lack a subject or verb or fail to express a complete thought. In legal writing, it is crucial to use complete sentences to ensure clarity and precision. For example; Incorrect: On the grounds of insufficient evidence and lack of credibility ….? In this example, there is a fragment: "On the grounds of insufficient evidence and lack of credibility." It is a prepositional phrase without a subject and verb, making it an incomplete sentence. Correct: The case was dismissed on the grounds of insufficient evidence and lack of credibility. To correct the sentence, you need to provide a subject and a verb. In this revised sentence, the fragment is connected to the main clause, forming a complete sentence. The subject ("the case") and verb ("was dismissed") are present, allowing for a grammatically correct sentence. 5. Inversions Inversion involves reversing the usual word order in a sentence for emphasis or to create a specific effect. It is commonly used in legal language for rhetorical or stylistic purposes. For example; Only after careful consideration of the evidence did the jury reach a verdict. In this example, there is inversion: "Only after careful consideration of the evidence did the jury reach a verdict." It involves reversing the typical subject-verb order in the sentence. Inversion is commonly used in legal English for emphasis or to create a more formal or dramatic effect. It is often employed with negative adverbs or adverbial phrases like "only," "never," "rarely," or "not until," as seen in this example. Here, inversion is employed to draw attention to the adverbial phrase "only after careful consideration of the evidence" and highlight the significance of the jury's deliberation process before reaching a verdict. 6. Misplaced Modifiers Misplaced modifiers occur when a modifier is incorrectly placed in a sentence, leading to confusion or unintended meanings. For example; Incorrect: After the accident, the lawyer filed a lawsuit on behalf of the injured client seeking compensation. In this example, there is a misplaced modifier: "After the accident." It is intended to modify the action of the lawyer filing a lawsuit, but it is incorrectly positioned at the beginning of the sentence. Correct: The lawyer filed a lawsuit on behalf of the injured client seeking compensation after the accident. In this revised sentence, the modifier "after the accident" is correctly placed next to the action it modifies, which is the timing of the lawyer filing the lawsuit. 7. Mixed Conditionals Mixed conditionals combine elements of both the present and past conditionals to express hypothetical or contrary-to-fact situations in legal writing. For example If the defendant had not acted negligently, the plaintiff's injuries would not be as severe. In this example, we have another mixed conditional sentence that combines the past unreal condition with the present unreal result. o The first clause, "If the defendant had not acted negligently," establishes the unreal past condition. It presents a hypothetical situation where the defendant did act negligently. o The second clause, "the plaintiff's injuries would not be as severe," expresses the unreal present result. It indicates the consequence that would have occurred if the unreal past condition were true. In this case, it suggests that the plaintiff's injuries would have been less severe. 8. Parallelism Parallelism involves maintaining consistent grammatical structures or patterns within a sentence or paragraph. In legal writing, parallelism helps to improve clarity and readability. For example; Incorrect: The attorney argued that the plaintiff was entitled to compensation for medical expenses, pain and suffering, and that they should receive a fair trial. In this example, there is a lack of parallelism in the structure of the sentence. The first two items in the series ("compensation for medical expenses" and "pain and suffering") are presented as noun phrases, but the third item ("that they should receive a fair trial") is presented as a full clause. This inconsistency disrupts the parallel structure. Correct: The attorney argued that the plaintiff was entitled to compensation for medical expenses, pain and suffering, and a fair trial. Here, parallelism is achieved by presenting all three items in the series using the same grammatical structure. Each item is presented as a noun phrase ("compensation for medical expenses," "pain and suffering," "a fair trial"). This consistent structure creates parallelism and improves the clarity and coherence of the sentence. 9. Pronoun Antecedent Agreement Pronoun agreement refers to using pronouns that agree in number, gender, and person with their antecedents. For example; Incorrect: The attorney submitted their argument to the court. In this example, there is a pronoun agreement issue. The pronoun "their" does not agree in number with the noun it refers to, which is "attorney." "Their" is a plural pronoun, while "attorney" is a singular noun. Correct: The attorney submitted his or her argument to the court. To correct the pronoun agreement, you need to make the pronoun agree with its antecedent. In this revised sentence, the pronoun "his or her" agrees in number with the singular noun "attorney." This ensures grammatical accuracy and clarity. 10. Run-on Sentences Run-on sentences occur when two or more independent clauses are joined without appropriate punctuation or conjunctions. Legal writing requires clear and concise sentences to convey information effectively. For example; Incorrect: The defendant filed a motion to dismiss the case, the plaintiff opposed the motion and provided additional evidence to support their claims. In this example, there is a run-on sentence, where two independent clauses ("The defendant filed a motion to dismiss the case" and "the plaintiff opposed the motion and provided additional evidence to support their claims") are connected without proper punctuation or coordination. Correct:: The defendant filed a motion to dismiss the case, and the plaintiff opposed the motion. The plaintiff also provided additional evidence to support their claims. In the corrected example, the run-on sentence is corrected by separating the two independent clauses into separate sentences. The conjunction "and" is used to connect the actions, and appropriate punctuation is included to indicate the end of each sentence. 11. Subject-verb Agreement Subject-verb agreement refers to matching the subject of a sentence with the appropriate verb form in terms of number and person. In legal writing, maintaining subject-verb agreement is crucial for clarity and grammatical accuracy. For example Incorrect: The defendant's alibi were not convincing the jury. In this example, there is a subject-verb agreement error. The subject "the defendant's alibi" is singular, but the verb "were" is in the plural form. This inconsistency in number between the subject and the verb creates a grammatical error. Correct: The defendant's alibi was not convincing the jury. To correct the sentence, you need to make the verb agree with the subject. In the corrected example, the subject-verb agreement is corrected by using the singular form of the verb "was" to match the singular subject "the defendant's alibi.“ 12. Subjunctives The subjunctive mood is used in legal language to express hypothetical, unreal, or contrary- to-fact situations. It is often employed in legal provisions, contracts, and legal opinions. For example; It is crucial that the defendant be present in court for the hearing. In this example, the subjunctive mood is used to express a recommendation or requirement. The verb "be" is in the base form instead of the indicative form "is" or "are." The subjunctive mood is often used in legal writing to convey a sense of obligation, necessity, or importance. Here, the subjunctive mood is used to emphasize the importance of the defendant's presence in court. It conveys that the defendant's presence is required or strongly recommended. The use of the subjunctive mood helps to convey the desired tone and intention in legal writing, ensuring clear communication of obligations or recommendations. 13. Transitional Signal Transitional words are useful in legal writing to establish logical connections between ideas, indicate cause and effect, and provide smooth transitions between sentences and paragraphs. For example; Furthermore, the prosecution presented compelling evidence to support their case. In this example, "Furthermore" is a transition word that connects the information presented in the previous sentence with new information. It indicates that the information to follow is adding on or reinforcing the point made previously. Here, "Furthermore" is used as a transition word to introduce additional information that supports the prosecution's case. It signals that the following sentence will present evidence or arguments that further strengthen the point being made. Transition words like "Furthermore," "Moreover," "In addition," and "Additionally" are commonly used in legal writing to enhance the clarity and coherence of the text by showing the relationship between ideas and helping readers navigate through the content. 14. Conjunctions Conjunctions are essential in legal writing to establish logical connections between ideas, indicate cause and effect, and provide smooth transitions between clauses. For example; The defendant claimed self-defense, but the prosecution argued premeditation. In this example, "but" is a conjunction that joins two contrasting ideas. It indicates a contradiction or opposition between the defendant's claim of self-defense and the prosecution's argument of premeditation. Here, "but" is used as a coordinating conjunction to connect two contrasting statements made by the defendant and the prosecution. It highlights the opposing viewpoints and emphasizes the conflict between the two positions. Other commonly used conjunctions in legal English include: “for”, "and," “nor”, "or," "yet," and "so”, which can be remembered by the acronym FANBOYS. These conjunctions play a crucial role in structuring legal arguments, presenting counterarguments, and demonstrating logical connections between different aspects of a case.  CONCLUSION These language features and grammatical structures play a crucial role in conveying legal concepts accurately and effectively within the legal profession. It is important to make sure your writing is free from grammatical errors, uses appropriate terminology, and effectively communicates legal concepts to your intended audience.  REFERENCES Fluent life. (2023, April 25). Why is Grammar Important for Communication? Role of Language in Communication. Retrieved from https://thefluentlife.com/content/why-is- grammar-important-for-communication/ Guide to Writing Style in Assignments. (n.d). Law School – University of Queensland. Retrieved from: https://law.uq.edu.au/files/8445/Guide-To-Writing-Style-In- Assignments.pdf Legal Writing Guide. (n.d). The University of Adelaide. Retrieved from: https://www.adelaide.edu.au/writingcentre/sites/default/files/docs/learningguide- legalwriting.pdf ProWritingAid. (2022, April 17). Why is Grammar Important? Here are 5 Good Reasons. Retrieved from: https://prowritingaid.com/why-is-grammar-important UOLLB. (2024, July 8). Grammar for Legal Writing. UOLLB First Class Law Notes. Retrieved from: https://uollb.com/blog/law-exams/10-essential-law-exam-skills