use of that in legal writing article

So, do not wait until the last minute to start your legal writing assignment!

In the examples below, we have bracketed the adjective clauses. 2d 665, 667 (Fla. 1992) (“[I]f the district court of the district in which the trial court is located has decided the issue, the trial court is bound to follow it.”). Last updated 1/29/19 This is an issue that typically arises in “string citations.” In general, the Supreme Court cases are to be cited first, followed by cases from the applicable district court of appeal, ending with cases from other district courts of appeal.

19 Dernbach & Singleton, A Practical Guide to Legal Writing 22. Don’t be afraid to ask for help. (You think my client is well-heeled.) When you’re trimming unnecessary uses of “that” from your writing, be sure to pay attention to sentences where it appears multiple times or even twice in a row. First, it’s important to know when “that” is really needed in a sentence. c. This policy shall be reviewed at least annually. 6. In short, persuading a court to follow precedent, distinguish it, or overrule it — as the case requires to advance your client’s position — is in large part dependent upon credible citations and sound reasoning based upon the citations.

[To say simply “The teachers gave awards to all paintings” would be inaccurate.

Article III of the Constitution reads: In case of the removal of the president from office—or of his death, resignation, or inability to discharge the powers and duties of the said office—the same shall devolve on the vice president. A big thanks to Ashley for contributing to the Scholastica blog!

Use it only as educated nonlawyers do.

The article provides information on the topics 3. Next on the third edit, I’ll read it aloud to refine it and hope that’s the last one. developing a citation plan before you start writing, you will know what legal authority should be included to prove your conclusion, and you will be able to develop your legal argument around that authority to make it more persuasive to the reader. In fact, same is the source of an ambiguity in the U.S. Constitution so severe that a constitutional amendment had to cure it. 2d 823, 826 (Fla. 1973) (stating that obiter dictum “was not essential to the decision of that court and is without force as precedent”). This article originally appeared in the April 2014 issue of the ABA Journal with this headline: “Learn Them and Ax Them: Here are a few suggestions to build your own ‘Index Expurgatorius’.”.

In the guest post below, Ashley Heidemann, Founder of JD Advising, LLC, shares some legal writing do’s and don’ts. Start early and make a plan.

witnesseth It’s usually in all-caps text and spaced out across the line. If the testator had added a final comma before and, there would have been no ambiguity. When she’s not writing, she enjoys running, spending time outside, and trying sports that require an appreciation of heights. eds., 28th ed. The article discusses various stories, persons, locations, rising-issues, and technical developments It’s a legalistic way of saying “Heads up!” Just cut it. Easy-to-integrate peer review, production, and open access publishing solutions to help further your mission.

If your primary source of legal authority is a statute, then the statute applicable to your case will be the most persuasive authority.

What are your thoughts on this?

To decide whether you can omit “that” from a sentence, check how naturally and intelligibly the sentence reads without it.

So banish deem. Modern readers—even lawyers—take witnesseth to be a sort of command. Thanks. Well then – … This is a big mistake.

(Alexander Pope, "Epilogue to the Satires") On the other hand, it was said of Milton's writing, "Fewer words would not have served; more would have been superfluous."

A comic strip shows a little boy holding up a cookie box so that his sister can see it and saying that if she can guess what kind of cookie is in the box, he will give it to her. You’re right!

32 Terri LeClercq, Guide to Legal Writing Style 40 (Aspen Publishers 2007). Although grammatical expletives are quite different, you are still advised to use them sparingly in legal writing. The omission of the final comma in a series is now common. Data minimization: The Business shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. In this blog post, we round up some top tips and resources in the areas of law review that are most critical to editors and authors, to help foster a shared understanding of article selection and a more successful law review submission season all around. Cater every word that you write to your audience. 4. If you fail to follow this rule, you may suffer serious consequences. Whatever you write, you make an unstated promise to your readers not to shift your point of view unless you let them know about it. Nonrestrictive clauses and phrases are set off from the rest of a sentence by a pair of commas (as in our examples above) or by a single comma if they come at the end of the sentence. Students tell me that they intentionally employ different names for the same thing because sometime in the past an English teacher told them that the practice avoided monotony.

Thus, the majority of your writing should be in active voice.

Attorneys are taught to use which for nonrestrictive clauses and that for restrictive clauses so as not to cause a misreading in legal documents.It seems just as important that we work to avoid misreadings in all writing, not only in situations when a legal ruling might be at stake.

For this reason, you should be careful of the word “I” and other personal pronouns.

Breach a. ~ From the Rules Regulating The Florida Bar, Tenant for Death, Tragedy at Law, and With a Bare Bodkin. Already a member? Thank you very much for your article.

What legal issues have you come across with your writing? Witnesseth … . If your writing looks professional, so do you. – “The doctor said I’m contagious, so I’m not allowed to work this week.”. a. So, you are saying that that ‘that’ that that man used was superfluous? Consequently, as you develop your citation plan, you must have a clear grasp of the source of legal authority. I also notice this bad habit. Who Else Wants Their Phone Ringing Off the Hook With Quality Job Interviews?

This helps your final product “flow” and it makes it easier for the reader to follow. Too many long quotations is a signal of a hurriedly written legal discussion or a cut-and-paste job; both reduce your credibility. ‘To inculcate in its members the principles of duty and service to the public, to improve the administration of justice, and to advance the science of jurisprudence.’

And or or?

It has three serious problems: (1) its meaning is unclear—it can mean if, except or also; (2) its reach is uncertain—that is, it may modify the preceding 12 words or the preceding 200; and (3) it causes sentences to sprawl. 4 Philip J. Padovano, Florida Appellate Practice §15:18, at 300-01 (Thomson Reuters/West 2009 ed.).

LawCrossing Fact #121: We know how to get results. “That” additionally should appear after certain verbs, such as contend, estimate and point out. END OF POLICY, Courses, Seminars, and Conference Presentations, The Oxford (or Serial) Comma: Using a Comma before “and” in a List, “You’re Still on My Lawn!”: Our Resident Curmudgeon Bemoans Six Lost Causes, Columbia Guide to Standard American English, Pop Chart Lab A Diagrammatical Dissertation on Opening Lines of Notable Novels Poster Print, 24″ x 18″, Multicolored, Call Me Ishmael Postcards: Sentence Diagrams of Great Literary Quotes (Pop Chart Lab), Breaking the Rules: Liberating Writers Through Innovative Grammar Instruction, The American Heritage Dictionary: Fifth Edition, Merriam-Webster’s Collegiate Dictionary 11th Edition.

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