Lecture 3 - Grammar and Usage for Legal Writing (Punctuations) 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 (Punctuations)  OBJECTIVES At the end of this lecture, you will be a...

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 (Punctuations)  OBJECTIVES At the end of this lecture, you will be able to:  Explain what ‘punctuations’ are, and their importance in communication.  Recognize the functions of punctuations in sentence development and meaning-making.  Identify the rules of grammar and usage that apply to legal writing.  Write legal documents using the appropriate punctuations.  INTRODUCTION When speaking, we can pause, change the pitch or tone of our voice, or even use gestures to clarify our meaning. Unlike speaking, when we are writing, one way that we can clarify our meaning is to use punctuations. Punctuations signal to our readers where there is a pause, where emphasis is to be placed, as well as show the relationship between different elements in our writing. We also have to be carefully where and how we use punctuation marks. If we use punctuations correctly in our sentences, we can create well-developed sentences that clearly convey our intended meaning; however, if we use punctuations incorrectly, we can change the meaning of our sentences unintentionally and create ambiguity (more than one meaning) or confusion.  WHAT ARE PUNCTUATIONS? “Proper punctuation is both the sign and cause of clear thinking”. ~ Lynne Trusse ~ Punctuation marks are “symbols used in written language to help clarify the meaning of text and make it easier to read and understand” (Quli, 2023). They are essential for clear communication as they can change the entire meaning of a sentence. Punctuations marks include the following:. , : ; - — / “” ‘ ? ! ( ) [ ] … I’m sure you recognize all or some of these punctuations. You may have even used all or some of them in your writing; however, do you know how all of these punctuation function writing?  THE IMPORTANCE OF PUNCTUATIONS Punctuations are important for the following reasons, particularly in academic writing: o The right punctuation allow your readers to perceive your message clearly and correctly. o Punctuations can help strengthen your arguments and reasoning in the written form.. o Punctuations emphasize pauses, thoughts, ideas, and even the tone and emotion of the text. o Omitting punctuation marks or using them incorrectly can completely alter the meaning of a sentence. See the importance of punctuations at work in the example below An English Professor wrote the words: “A woman without her man is nothing” on the white board, and asked the students to punctuate it correctly. All the males in the class wrote: “A woman, without her man, is nothing.” All the females in the class wrote: “A woman: without her, man is nothing.” So, to what extent are punctuation marks important in law? Punctuation marks have been used in legal writing for centuries to help clarify the meaning of written text and make it easier to read and understand. Some of the earliest known examples of punctuation can be found in ancient Greek and Latin texts, where dots and dashes were used to indicate pauses and breaks in the text. Over time, the use of punctuation marks in legal writing has evolved, and today, legal documents typically use a variety of punctuation marks to convey meaning and structure. In modern legal writing, punctuation marks are used to indicate pauses, clarify meaning, and provide structure to the text. They are an important aspect of legal writing and are used to help ensure that the meaning of the text is clear and unambiguous. Punctuation marks that are frequently used in legal writing include: commas, semicolons, colons, periods, quotation marks, parentheses, hyphens, question marks, and dashes, among others. THE BASIC RULES OF PUNCTUATIONS FOR LEGAL WRITING 1. Capital letters Capital letters are used to begin sentences and to show emphasis in certain words or phrases. Apart from being used to mark the first letter of the first word in a sentence, capital letters are also used to begin proper nouns, such as: The names of people, places and organizations or institutions; Countries, nationalities and languages; Days, months, and holidays; Historical eras or events, Initials or acronyms, and Titles of books, movies, songs, etc. In legal language, capital letters are used in a similar way to when writing in general. They are often used to begin proper nouns, such as the names of people, places, and organizations. E.g. “John Smith is a lawyer.” “John Smith” is a proper noun and is written with capital letters. Hence, in legal writing, it is important to use capital letters accurately and consistently. This helps to ensure that the meaning of the text is clear and can be easily understood. Incorrect or inconsistent use of capital letters can lead to confusion or ambiguity, which can be costly in a legal context. 2. Commas Commas indicate a separation of ideas or elements within the structure of a sentence. In legal writing, commas are commonly used to separate clauses and items in a list.. For example, consider the following two sentences: “The contract, which was signed by both parties, is binding.” Here, the comma is used to set off the non-restrictive clause “which was signed by both parties,” indicating that this information is not necessary to the meaning of the sentence. “The contract, which was signed by both parties is binding.” Here, the absence of a comma suggests that the clause “which was signed by both parties” is essential to the meaning of the sentence, indicating that the contract is only binding if it was signed by both parties. It is important to use commas correctly as incorrect use of commas can change the meaning of a sentence or clause, which can be costly in a legal context. 3. Semi-colons (:) Semi-colons are used to separate clauses or phrases that are related and that receive equal. o They closely link two independent clauses (complete sentences) that are closely related. E.g. Much of the finding confirm the theory; the rest appear to refute it. o They separate items or clauses in a list. E.g. Students who wish to improve their writing can do so in three ways: reading a wide range of texts; studying English rhetoric and sentence structure, and heeding their writing teacher’s comments. o To signal to the reader that the information in both sentences should be taken together. E.g. We were planning to go shopping; however, we had to cancel. In legal language, semi-colons are used to separate clauses within a sentence. They are used to indicate a stronger break between clauses than a comma, but a weaker break than a period. For example: “The contract is binding; both parties must fulfil their obligations.” In this example, the semicolon is used to separate the two clauses within the sentence and to indicate a stronger break between them than a comma would. 4. Colons (:) Colons are used to introduce amplifications, examples, explanation, lists or long quotations. in legal language to introduce a list, explanation, or quotation. They are placed at the end of a clause or sentence and are followed by the material they are introducing. For example: i. The contract requires the following: a deposit, proof of insurance, and a signed agreement.” Here, the colon is used to introduce the list of items that are required under the contract. ii. The court’s decision is not likely to eliminate controversy: environmentalists say they will continue the debate in the legislature.” Here, the colon is used to introduce the explanation that is to follow in the second clause. iii. The court explained that location can also contribute to reasonable suspicion: “[O]fficers are not required to ignore the relevant characteristics of a location....” Here, the colon is used to introduce a quotation that is not integrated into the writer’s sentence. 5. Hyphen (-) Hyphens are used to form compound word or join word units and prefixes, suffixes and letters to words. o They form compound numbers from twenty-one to ninety-nine and with fractions used as modifiers (adjectives). E.g. Two-thirds of the fifty-five students responded. o They form compound adjectives which come before the word being modified. E.g. The Hilton Hotel is a five-star hotel that offers world-class service. o They connect prefixes ex-, self-, and all, etc., in front of a proper noun or proper adjective. E.g. The ex-officer’s dealings with the all-star soccer player tarnished his self-image. o They form compound phrases. E.g. The twenty-year-old man and his soon-to-be wife were brought up-to-date on their wedding plans by the wedding planner. In legal language, hyphens are used to join words together or to separate syllables. For example: “The parties agreed to a six-month contract.” Here, the hyphen joins the words “six” and “month” to form the compound word “six-month.” 6. Dash ( — ) Dashes connect groups of words to other groups of words to emphasize a point. Usually, dashes separate words in the middle or at the end of a sentence. o In the middle of a sentence, a dash can place special emphasis on a group of words to make them stand out from the rest of the sentence. E.g. My thoughts regarding the write-up of my essay – highlighting the thesis, outlining the scope, and developing the body paragraphs – appeared to cloud my mind all day long. o At the end of a sentence, a dash separates information from the rest of the sentence. E.g. We shopped at Stop n Shop – the one located at Central Waigani. Dashes are used in legal language to set off parenthetical or explanatory material within a sentence. They can be used to emphasize or clarify a point, to provide additional information, or to indicate a break or pause in the flow of the sentence. For example: The contract was terminated — due to the failure of one of the parties to fulfil their obligations.” Here, the dash is used to set off the explanatory phrase “due to the failure of one of the parties to fulfil their obligations,” which provides additional context for the statement that the contract was terminated. 7. Slash (/) The slash, also known as: forward slash, stroke or oblique should be used with care in formal writing. It can be grammatically used in five main ways: o To indicate ‘or’. E.g. Dear Sir/Madam o To show a connection between two or more things. E.g. What is your stand on the nature/nurture debate? o To mean ‘per’. E.g. The price of petrol has increased to K4.62/litre. o In abbreviations. E.g. a/c (account), c/o (care of), w/o (without) o In dates. E.g. 09/08/24 (August 9th, 2024) Slashes are used in legal language to indicate alternatives or to separate lines of poetry or text. They are often used to indicate a choice between two options. For example: “The contract must be signed by either the CEO/president.” In this example, the slash is used to indicate that the contract must be signed by either the CEO or the president. 8. Apostrophe (‘) Apostrophes are used to show possession and to form a contraction. o To show possession. i. For singular nouns or indefinite pronouns, as an apostrophe and an ‘s’. E.g. As to when we will resume classes is anyone’s guess. ii. For plural nouns, add an ‘s’ followed by an apostrophe. E.g. The students’ in my class celebrated teachers’ day with food and gifts. o To form a contraction. E.g. I’m disappointed that I wasn’t able give the quiz in class today. In legal writing, apostrophe’s are also used in the same way. For example: i. “The contract’s terms must be followed.” Here, the apostrophe is used to indicate possession, that the terms of the contract must be followed. ii. “The parties’ agreement must be signed by both parties.” Here, the apostrophe is used to indicate possession, that the agreement must be signed by both parties. 9. Inverted commas/Quotation marks (“ “) Inverted commas, also known as quotation marks, show the beginning and end of a quotation or title of a short work. For example: “Your marked papers will be returned next week,” the professor told the students. Here, quotation marks enclose the exact words of a person. “Gifted Hands” is a book written by Ben Carson. Here, quotation marks set off the title of a book. Inverted commas or quotation marks, are used in legal language to indicate a direct quotation or to set off a word or phrase that is being discussed or defined. They are used to show that the exact words of a speaker or writer are being reproduced. For example: The parties agreed that the contract was “binding.” Here, the inverted commas are used to indicate that the word “binding” is a direct quotation from the parties. 10. Parenthesis Parenthesis have a number of uses: o To enclose in-text references, such as in the APA citation system. E.g. According to Mawuli and Billy (2003, p.10), communication is a two-way process. o To enclose extra or non-essential material in sentences. E.g. The colour of the clouds (black and grey) indicated that a storm was on its way. o To enclose abbreviations or acronyms after their full form. E.g. The Autonomous Region of Bougainville (AROB) wants self-independence. Parentheses are used in legal language to set off additional or explanatory material within a sentence. They are used to provide additional context or clarification for the main text. For example:“ The contract (which was signed by both parties) is binding.” Here, the parentheses are used to set off the explanatory clause “which was signed by both parties,” which provides additional context for the statement that the contract is binding. 11. Brackets ([ ]) Brackets, also known as square brackets, are a set of punctuation marks that are used in writing to add or alter information in a quote. Here are some examples of how square brackets can be used in writing: o To add missing words. E.g. “She [said] she would be here at 5 pm.” o To clarify a pronoun. E.g. “John [Smith] said he would be here at 5 pm.” o To correct a mistake. E.g. “He said he was born in 1990.” o To provide context. E.g. “The Company [Microsoft] announced a new product today.” Brackets are used in legal language to set off additional or explanatory material within a sentence. They are used to provide additional context or clarification for the main text. For example: “The contract [which was signed by both parties] is binding.” In this example, the brackets are used to set off the explanatory clause “which was signed by both parties,” which provides additional context for the statement that the contract is binding. 12. Ellipses (…) Ellipsis consists of three full stops, and they are used to indicate that material has been left out of a quotation. When quoting, it is sometimes necessary to leave out words or lines for reasons of relevance or length. For exam But to be restricted to just two forms of punctuation mark … is like building a house using only a hammer and a saw: you can do it, but not very well.” Ellipses are used in legal language to indicate a pause, hesitation, or trailing off in a quotation or to show that material has been omitted from a quotation. They are often used to show that a speaker or writer has trailed off or that a quotation has been edited or condensed. For example: “The parties agreed that the contract was binding … at least until one of the parties failed to fulfil their obligations.” In this example, the ellipsis is used to indicate a pause or hesitation in the quotation and to show that additional material has been omitted. 13. Periods/Full Stop (.) Periods have a few distinct uses: o To mark the end of a sentence. E.g. “Classes for the language components of LSSLR will end in week 9. o To punctuate numbers and dates. E.g. 07.08.24 o To indicate abbreviated words (unless first and last letters of the word are shown). E.g. The lecturer is Mr. Stephen King (B. Sci.). Similarly in legal writing, periods are used to mark the ends of sentences, and to abbreviate certain words and phrases in legal writing. E.g. The contract is binding. Both parties must fulfil their obligations.” “p.m.” for “post meridiem” and “i.e.” for “that is.” 14. Question mark (?) Question marks are used to indicate a question. E.g. Have you submitted your assignment? In legal writing, question marks are used to indicate direct questions (questions that require answers), as well as rhetorical questions (questions that do not require answers), such as: o Closed direct questions (require yes/no answers). E.g. Did you commit the crime? o Open direct questions (require details). E.g. Where were you when the crime occurred? o Questions that end with a series of brief questions that are follow-up questions to the main question (each follow-up question should begin with a lowercased letter and end with a question mark). E.g. Who is responsible for this mistake? The associate? The partners? The paralegal? oRhetorical questions. E.g. How else should we end the brief, after all? 15. Exclamation (!) Exclamation marks are used at the end of a sentence to indicate strong emotions such as: o Anger. E.g. Leave this instant! o Disgust or disappointment. E.g. The police barged in and led her out in handcuffs How disgraceful! o Surprise. E.g. I don’t believe it! Exclamation marks are not commonly used in legal writing, as legal documents generally aim for a more formal and objective tone. However, there may be rare occasions where an exclamation marks are used in legal writing to indicate strong emotion or emphasis. For example: To indicate surprise or disbelief: E.g. “The defendant claimed that he had no knowledge of the defect in the product! This was clearly untrue, as he was the one who installed it.” To express a strong opinion. E.g. “The court must reject this argument! It is clearly flawed and unsupported by the evidence.”  CONCLUSION To conclude, the importance of punctuation marks in legal language is to help clarify the meaning of the text and make it easier to understand,. It also serves to ensure that the text is interpreted correctly. Hence, it is important to use punctuation marks accurately and consistently in legal writing to avoid confusion or ambiguity.  REFERENCES Best Edit & Proof. (October 19, 2021). Importance of Punctuation Marks in Academic Writing. Retrieved from: https://besteditproof.com/en/academy/punctuation- marks-in-academic-writing# Lebovits, G. (2008). Do’s, Don’ts & Maybes: Legal Writing Punctuation – Part 1. Retrieve from: https://worksbepress,com/gerald_lebovuts/231/ Quli, S, M. I. (January 10, 2023) Punctuation Marks in Legal Language. Retrieved from: https://syedmdismailquli.medium.com/punctuation-marks-in-legal- language-ee9603876dc6 The Writing Centre Georgetown University Law Centre. (2005). Tops for Effective Punctuation in Legal Writing. Retrieved from: https://www.law.georgetown.edu/wp-content/uploads/2018/11/Tips-for- effective-punctuation.Suther.Roberts.2006.revised.pdf