Transcript Grammar - Classes Home

Fall 1998
GRAMMAR
WORKSHOP
conducted by the
LEGAL
RESEARCH & WRITING
DEPARTMENT
Stetson University College of Law
GRAMMAR WORKSHOP
 Focus:
Common writing
problems
-RW1 diagnostic writing tests
-student papers
 Attendance:
Open to all students
GOAL
master essential rules on
 Commas
 Passive
voice
 Apostrophes
 Pronouns
 Modifiers and fragments
 Usage
HOW?
 Explain
the rules
 With examples
 And 4 time-outs for practice tests
WHAT ELSE?
 Discuss
resources
-for further practice
-for assistance at Stetson
-style reference books
NOW THE
RULES
,
commas
COMMAS
This comma section tracks the
numbered rules in Laurel
Currie Oates et al., The Legal
Writing Handbook 761-92 (2d
ed. 1998)
COMMAS
Rule 1: Use a comma before a
conjunction joining two main
clauses
Conjunction
Junction
COMMAS
 Rule
1: Use a comma before a
conjunction joining two main clauses
 Example:
Winfield would have preferred his lot
squared up but he never discussed this
preference with Mrs. Marm.
COMMAS
 Rule
1: Use a comma before a
conjunction joining two main clauses
 Example:
Winfield would have preferred his lot
squared up, but he never discussed this
preference with Mrs. Marm.
COMMAS
 Rule
1: Use a comma before a
conjunction joining two main clauses
 Example:
The defendant’s girlfriend denied that
she knew where he was and refused to
answer any more questions.
COMMAS
 Exception:
When the main clauses
are short and closely related, the
comma before the coordinating
conjunction may be omitted.
 Example:
The prosecutor spoke and the jury
listened.
COMMAS
 Rule
2: Use a comma to set off long
introductory phrases or clauses from
the main clause.
 Example:
Since the bathhouse’s completion in
1968 the Winfield family has used it and
the surrounding land during both the
summer and winters.
COMMAS
 Rule
2: Use a comma to set off long
introductory phrases or clauses from
the main clause.
 Example:
Since the bathhouse’s completion in
1968, the Winfield family has used it
and the surrounding land during both
the summer and winters.
COMMAS
 Rule
3: Use a comma to prevent
possible misreading.
 Confusing
People who can usually hire their own
lawyer.
 Revised
People who can, usually hire their own
lawyer.
COMMAS
 Rule
4: Use a comma(s) to set off
nonrestrictive phrases or clauses.
 Example:
In 1962, Mr. Winfield, our client, bought
a waterfront plot on Yale Lake from Mrs.
Marm who own and lived on the
contiguous lot.
COMMAS
 Rule
4: Use a comma(s) to set off
nonrestrictive phrases or clauses.
 Example:
In 1962, Mr. Winfield, our client, bought
a waterfront plot on Yale Lake from Mrs.
Marm, who own and lived on the
contiguous lot.
COMMAS
 Rule
5: Set off nonrestrictive
appositives with comma(s).
 Example:
In 1962, Mr. Winfield our client bought
a waterfront plot on Yale Lake from Mrs.
Marm, who owned and lived on the
contiguous lot.
COMMAS
 Rule
5: Set off nonrestrictive
appositives with comma(s).
 Example:
In 1962, Mr. Winfield, our client,
bought a waterfront plot on Yale Lake
from Mrs. Marm, who owned and lived
on the contiguous lot.
COMMAS
 Rule
6: Set off nonrestrictive
participial phrases or clauses with
comma(s).
 Example:
Finding that the seizure fell under the
plain view doctrine, the trial court denied
the motion.
COMMAS
 Rule
6: Set off nonrestrictive
participial phrases or clauses with
comma(s).
 Example:
Finding that the seizure fell under the
plain view doctrine, the trial court denied
the motion.
COMMAS
 Rule
7: Use comma(s) to set off
transitional or interrupting words or
phrases.
 Example:
The elements of open and notorious,
actual, uninterrupted, and exclusive
possession, however can be proved by
evidence of acts alone.
COMMAS
 Rule
7: Use comma(s) to set off
transitional or interrupting words or
phrases.
 Example:
The elements of open and notorious,
actual, uninterrupted, and exclusive
possession, however, can be proved by
evidence of acts alone.
COMMAS
 Rule
8: Comma(s) with quotation
marks.
 Example:
The court gave title to the claimants
and stated, “The presumption is that if
the adverse possession is open and
notorious, the owner of the title will
know it and . . . no further proof as to
the notice is required”.
COMMAS
 Rule
8: Comma(s) with quotation
marks.
 Example:
The court gave title to the claimants
and stated, “The presumption is that if
the adverse possession is open and
notorious, the owner of the title will
know it and . . . no further proof as to
the notice is required.”x
COMMAS
 Rule
9: Use comma(s) to set off
phrases of contrast.
 Example:
Therefore, Winfield may be able to get
title to the entire triangle, not just the
part on which the bathhouse is built.
COMMAS
 Rule
9:Use comma(s) to set off
phrases of contrast.
 Example:
Therefore, Winfield may be able to get
title to the entire triangle, not just the
part on which the bathhouse is built.
COMMAS
 Rule
10: Use commas between items
in a series (serial commas).
 Example:
Before sale, Mrs. Marm’s land
formed a perfect rectangle: 800 feet
across the water along the length,
and 200 feet down the sides.
COMMAS
 Rule10:
Use commas between items
in a series (serial commas).
 Example:
Before sale, Mrs. Marm’s land
formed a perfect rectangle: 800 feet
across the water along the length_
and 200 feet down the sides.
COMMAS
 Rule10:
Theological example:
 A newspaper
did a survey to determine who
our "modern heroes" were. They listed first,
second, and third place winners. And then
said:
 "In fourth place were Persian Gulf War
veterans, Jesus and Julia Roberts."
COMMAS
 Rule
11: Comma between coordinate
adjectives not joined by a
conjunction.
 Example:
The Winfields and Mrs. Marm
maintained a warm friendly relationship
until last year when Marm moved to a
nursing home.
COMMAS
 Rule
11: Comma between coordinate
adjectives not joined by a conjunction
 Example:
The Winfields and Mrs. Marm
maintained a warm, friendly relationship
until last year when Marm moved to a
nursing home.
TIME
OUT!
Add commas where necessary.
1. Supreme Court Justices Brennan and
Scalia voted against certiorari.
2. The cocaine’s wholesale value was $17,000
and its street value was $80,000.
3. Of the twenty two witnesses are willing to
testify.
4. Thompson pulled his gun held it straight up in
the air and told Lew not to bring anyone back.
Add commas where necessary.
5. The only witness Ann Peters had discussed
her potential criminal liability with the
prosecutor.
6. The state trooper who investigated the
accident testified that the “primary causal
factor” of the accident had been Neimeyer’s
intoxicated state.
7. Bennett purchased twelve acres of remote
undeveloped land in central Florida in 1977.
ANSWERS
1. Supreme Court Justices Brennan and Scalia
voted against certiorari.
CORRECT: Rule 5: restrictive appositive
2. The cocaine’s wholesale value was $17,000
and its street value was $80,000.
ANSWERS
1. Supreme Court Justices Brennan and Scalia
voted against certiorari.
CORRECT: Rule 5: restrictive appositive
2. The cocaine’s wholesale value was $17,000,
and its street value was $80,000.
INCORRECT: Rule 1: Conjunction joining
two main clauses.
ANSWERS
3. Of the twenty two witnesses are willing to
testify.
4. Thompson pulled his gun held it straight up in
the air and told Lew not to bring anyone back.
ANSWERS
3. Of the twenty, two witnesses are willing to
testify.
INCORRECT: Rule 3: Comma to prevent a
possible misreading.
4. Thompson pulled his gun held it straight up in
the air and told Lew not to bring anyone back.
ANSWERS
3. Of the twenty, two witnesses are willing to
testify.
INCORRECT: Rule 3: Comma to prevent a
possible misreading.
4. Thompson pulled his gun, held it straight up in
the air, and told Lew not to bring anyone back.
INCORRECT: Rule 10: Commas between
items in a series.
ANSWERS
5. The only witness Ann Peters had discussed her
potential criminal liability with the prosecutor.
6. The state trooper who investigated the accident
testified that the “primary causal factor” of the
accident had been Neimeyer’s intoxicated state.
ANSWERS
5. The only witness, Ann Peters, had discussed her
potential criminal liability with the prosecutor.
INCORRECT: Rule 6: Nonrestrictive appositives.
6. The state trooper who investigated the accident
testified that the “primary causal factor” of the
accident had been Neimeyer’s intoxicated state.
ANSWERS
5. The only witness, Ann Peters, had discussed her
potential criminal liability with the prosecutor.
INCORRECT: Rule 6: Nonrestrictive appositives.
6. The state trooper who investigated the accident
testified that the “primary causal factor” of the
accident had been Neimeyer’s intoxicated state.
 CORRECT: Rule 4: Restrictive phrase
ANSWERS
7. Bennett purchased twelve acres of remote
undeveloped land in central Florida in
1977.
ANSWERS
7. Bennett purchased twelve acres of remote,
undeveloped land in central Florida in
1977.
INCORRECT: Rule 11: Coordinate
adjectives not joined by a conjunction.
passive
voice
PASSIVE VOICE (587-93)
 Identifying Active
 Active
and Passive Voice
voice
The subject of the sentence is doing
the action described by the verb
 Example:
The judge overruled the objection.
PASSIVE VOICE
 Identifying Active
 Active
and Passive Voice
voice
The subject of the sentence is doing
the action described by the verb
 Example
The judge overruled the objection.
(subject)
PASSIVE VOICE
 Identifying Active
 Active
and Passive Voice
voice
The subject of the sentence is doing
the action described by the verb
 Example
The judge overruled the objection.
(subject)  (verb)
PASSIVE VOICE
 Identifying Active
 Active
and Passive Voice
voice
The subject of the sentence is doing
the action described by the verb
 Example
The judge overruled the objection.
(subject)  (verb)

(direct object)
PASSIVE VOICE
 Identifying Active
 Passive
and Passive Voice
voice
The subject of the sentence is having
the action of the verb done to it.
 Example
The objection was overruled by the judge.
PASSIVE VOICE
 Identifying Active
 Passive
and Passive Voice
voice
The subject of the sentence is having
the action of the verb done to it.
 Example
The objection was overruled by the judge.
(subject)
PASSIVE VOICE
 Identifying Active
 Passive
and Passive Voice
voice
The subject of the sentence is having
the action of the verb done to it.
 Example
The objection was overruled by the judge.
(subject)

(verb)
Why Active Voice Is Generally
Preferred






1. More concise.
2. Uses a more vigorous verb.
Examples:
The plaintiffs filed a complaint in the Superior
Court.
A complaint was filed by by the plaintiffs in
Superior Court.
(the auxiliary verb “was” and the preposition “by”
dilute the energy of “filed.”)
Why Active Voice Is Generally
Preferred
 3.
It allows information to be processed
more readily.
 Which can you process faster?
The deposition must by offered into
evidence by the defendant’s attorney.
OR
The defendant’s attorney must offer the
deposition into evidence.
Effective Use of Passive Voice
 1. Agent
unknown
(agent =person or thing performing the
action)
 Example:
 A portion
of the tape was erased.
Effective Use of Passive Voice
 2.
To purposely obscure agency.
 Example
 Toxic fumes were ventilated out of the
plant between 2:00 and 3:00 a.m.
Effective Use of Passive Voice
 3.To
emphasize the deed, rather than
the doer.
 Examples:
 A cure for Alzheimer’s disease has
been found.
 All four defendants were convicted of
first degree murder.
Effective Use of Passive Voice
 4.
To keep the focus of the writing
where it belongs.
 Example:
 (From a paragraph about a mistake in
a contract:) A mistake can also be
attributed to the school for believing
the price of playground equipment
included installation.
Effective Use of Passive Voice
 4.
To keep the focus of the writing
where it belongs.
 Example:
 (From a paragraph about a mistake in
a contract:) A mistake can also be
attributed to the school for believing
the price of playground equipment
included installation.
Effective Use of Passive Voice
 5.
To provide a stronger link between
two sentences or clauses.
 Example:
 Under our statutes, contracts for the
sale of goods are regulated by the
UCC. The UCC outlines the
requirements for a valid contract for
the sale of goods and . . . .
Effective Use of Passive Voice
 5.
To provide a stronger link between
two sentences or clauses.
 Example:
 Under our statutes, contracts for the
sale of goods are regulated by the
UCC. The UCC outlines the
requirements for a valid contract for
the sale of goods and . . . .
Effective Use of Passive Voice
 5.
To provide a stronger link between
two sentences or clauses.
 Example:
 Under our statutes, contracts for the
sale of goods are regulated by the
UCC. The UCC outlines the
requirements for a valid contract for
the sale of goods and . . . .
Active Or Passive Voice?
 Does
your sentence fit into one of
the five categories of effective
passive voice?
 If not, active voice will probably
be more effective.
TIME
OUT!
Rewrite these sentences in
active voice.
1. The idea that to prevent the dumping of toxic
waste was intended by the legislature was focused
on by the Montana court.
2. Important particularities are stated in the fourth
amendment: the place to be searched and the
things to be seized must be stated in the warrant.
Decide whether the passive voice
used is effective or not.
3. A lawful business will not be
enjoined without a clear showing that
it is impossible or impractical to
eliminate its offensive features.
4. For the next ten years, the easement
was used by all the landowners.
ANSWERS
1. The idea that to prevent the dumping of
toxic waste was intended by the
legislature was focused on by the
Montana legislature.
The Montana court focused on the idea
that the legislature intended to prevent the
dumping of toxic waste.
ANSWERS
2. Important particularities are stated in the
fourth amendment: the place to be
searched and the things to be seized must
be stated in the warrant.
The fourth amendment stipulates
important particularities: the warrant must
state the place to be searched and the
things to be seized.
ANSWERS
3. A lawful business will not be enjoined
without a clear showing that it is
impossible or impractical to eliminate
its offensive features.
EFFECTIVE USE:
Exception 3: doer is not as important
as the deed
ANSWERS
4. For the next ten years, the easement
was used by all the landowners.
IT DEPENDS: Effective if use of the
easement is important and the landowners
are not. Otherwise, active voice is more
concise:
* For the next ten years, all the
landowners used the easement.
apostrophes
APOSTROPHES
 Use
“ ’s ” to form the possessive of
singular or plural nouns or indefinite
pronouns that do not end in “-s”
 Examples:
defendant’s alibi - expert’s testimony
everyone’s concern - family's home
APOSTROPHES
 Use
“ ’s ” to form the possessive of
singular nouns ending in “-s” as long as
the resulting word is not difficult to
pronounce.
 Examples:
James’s book - Congress’s rule
witness’s testimony - business’s location
APOSTROPHES
 HOWEVER,
you should drop the final
“s” if the resulting series of words is
difficult to pronounce.
 Examples:
business’ sales - witness’ signature
APOSTROPHES
 Use
only an apostrophe to form the
possessive of plural nouns ending in
“-s”
 Examples:
workers’ rights
framers’ intent
the Smiths’ house
APOSTROPHES
 Use
“ ’s ” after the last word to form
the possessive of a compound word
or word group
 Examples:
mother-in-law’s statement
attorney general’s office
APOSTROPHES
 To
show joint possession, use “ ’s ”
only after the last noun in a group of
two or more nouns; to show individual
possession, use “’s” after each of the
nouns in a group of two or more
nouns
 Examples:
John and Mary's stocks
John’s and Mary’s stocks
APOSTROPHES
 To
form the possessive of personal
pronouns, do NOT use an
apostrophe
 Examples:
hers, its, theirs, yours
APOSTROPHES
 To
form contractions, use the
apostrophe to substitute for one or
more omitted letters or numbers.
 NOTE: Do not use contractions in
legal writing!!
 Examples:
it’s =it is
who’s =who is
they’re =they are
class of ‘68 = 1968
APOSTROPHES
 To
form the plural of numbers, letters
or words referred to as words, add “
’s ”
Examples:
seven 0’s -1950’s
two Boeing 767’s - replace all the and’s
cross your t’s
TIME
OUT!
TIME-OUT
 1.
 2.
 3.
 4.
 5.
 6.
 7.
Lois Complaint
Kim and Howard kids (joint possession)
Two weeks vacation
Plural possessive of “agency”
Plural possessive of “Davis”
Justice of the peace decision
(possessive)
Boss meeting (plural possessive)
QUESTION #1
 Lois
complaint
 Answer:
Lois’s complaint
QUESTION #2
 Kim
and Howard children (joint
possession)
 Answer:
children
Kim and Howard’s
QUESTION #3
 Two
weeks vacation
 Answer:
Two weeks’ vacation
QUESTION #4
 Form
the plural possessive of
“agency”
 Answer:
agencies’
QUESTION #5
 Form
the plural possessive of “Davis”
 Answer:
Davises’
QUESTION #6
 Form
the possessive of “justice of the
peace”
 Answer:
Justice of the peace’s
QUESTION #7
 Form
the plural possessive of “boss”
(meeting)
 Answer:
Bosses’ meeting
APOSTROPHES
 Where
can I find more information on
apostrophes?
 Tex.
L. Rev. Manual on Style (pages
10-12)
 Oates and Enquist (pages 799-803)
 Oates and Enquist Practice Bk. (19193)
pronouns
PRONOUNS (737-47)

Rule: Indefinite pronouns take
singular verbs
 DEFINITION: Indefinite pronouns do
not refer to any definite person or
thing, or they do not specify definite
limits.
PRONOUNS

Examples of indefinite pronouns:

all
any
anyone
anybody
something
each





either
nobody
everybody
no one
everyone none
everything
somebody
neither
someone
nobody
PRONOUNS

Rule: Indefinite pronouns take
singular verbs
 Example:
 Everyone who takes the stand
swears to tell the truth.
PRONOUNS
Exception: “None,” “all,” “most,”
“some,” “any,” and “half” may take
either a singular or a plural verb
depending on the noun to which they
refer.
 Examples:
 All of the jewelry was recovered.
 All of the rings were recovered.

PRONOUNS

Rule: When an indefinite pronoun is
the antecedent, use the the singular
pronoun
 Example:
 Anyone would have noticed that his
or her licence plate was removed.
PRONOUNS

Rule: When an indefinite pronoun is
the antecedent, use the the singular
pronoun
 Example:
 Anyone would have noticed that his
or her licence plate was removed.
More Examples

Ungrammatical
Somebody must have used their phone to call
the police.
 Masculine pronoun (also incorrect)
Somebody must have used his phone to call
the police.
 Corrected
Somebody must have use his or her phone to
call the police. OR
Somebody must have used the phone to call
the police.
PRONOUNS

Rule: Collective noun antecedents
take a singular pronoun when you
refer to group as a unit and a plural
pronoun when you refer to the
individual members of the group.
Some Collective Nouns

jury
committee court
majority board
team
family
audience
crowd
Collective Noun Antecedents

Singular pronoun: group as a whole
 Plural pronoun: individual members
 Example:
 The jury must not be mislead about
Jason Richardson’s credibility when it
is considering his testimony.
Collective Noun Antecedents

Singular pronoun: group as a whole
 Plural pronoun: individual members
 Example:
 The jury must not be mislead about
Jason Richardson’s credibility when it
is considering his testimony.
PRONOUNS

Rule: Each pronoun should clearly
refer back to its antecedent.
 Example:
 Marm’s son now has title to her lot;
he has informed Winfield that he
must remove the bathhouse.
PRONOUNS

Rule: Each pronoun should clearly
refer back to its antecedent.
Example:
 Marm’s son now has title to her lot;
he has informed Winfield that
Winfield must remove the bathhouse.
PRONOUNS

Another example:
 Officer Robert O’Malley, who arrested
Howard Davis, said that he was
drunk at the time.
 POSSIBLE REVISION
Officer Robert O’Malley, who arrested
Howard Davis, said that Davis was
drunk at the time.
PRONOUNS

MORE POSSIBLE REVISIONS
 Howard Davis was drunk when he
was arrested by Officer O’Malley.
 Officer O’Malley was drunk when he
arrested Howard Davis.
 According to the arresting officer,
Robert O’Malley, Howard Davis was
drunk at the time of the arrest.
PRONOUNS

Adjectives cannot be antecedents.
 Example 1:
the Rheam’s building
adjective

noun
The Rheams building has undergone
as many facelifts as he has.
PRONOUNS

Adjectives cannot be antecedents.
 Example 1:
the Rheam’s building
adjective

noun
The Rheams building has undergone
as many facelifts as Rheams himself
has.
PRONOUNS

Example 2:
the defendant’s alibi
adjective

noun
After hearing the defendant’s alibi,
the jurors seemed to change their
opinion of him.
PRONOUNS

Example 2:
the defendant’s alibi
adjective
 The
noun
jurors seemed to change their
opinion of the defendant after they
heard his alibi.
TIME
OUT!
Read the following sentences and
correct any errors in pronoun use.
1. The appellate court upheld the trial court’s verdict,
stating they found no error.
2. Under cross-examination, a witness may realize
their earlier testimony was inaccurate.
3. Kim’s claim that he was not present at the crime
scene is not necessarily contrary to Lee’s claim that
he was present but did not do the crime.
4. In Freeman’s book, The Grammatical Lawyer, he
discusses numerous rules of usage.
ANSWERS
1. The appellate court upheld the trial court’s verdict,
stating they found no error.
2. Under cross-examination, a witness may realize
their earlier testimony was inaccurate.
3. Kim’s claim that he was not present at the crime
scene is not necessarily contrary to Lee’s claim that
he was present but did not do the crime.
4. In Freeman’s book, The Grammatical Lawyer, he
discusses numerous rules of usage.
ANSWERS
1. The appellate court upheld the trial court’s verdict,
stating it found no error.
2. Under cross-examination, a witness may realize
their earlier testimony was inaccurate.
3. Kim’s claim that he was not present at the crime
scene is not necessarily contrary to Lee’s claim that
he was present but did not do the crime.
4. In Freeman’s book, The Grammatical Lawyer, he
discusses numerous rules of usage.
ANSWERS
1. The appellate court upheld the trial court’s verdict,
stating it found no error.
2. Under cross-examination, a witness may realize his
or her earlier testimony was inaccurate.
3. Kim’s claim that he was not present at the crime
scene is not necessarily contrary to Lee’s claim that
he was present but did not do the crime.
4. In Freeman’s book, The Grammatical Lawyer, he
discusses numerous rules of usage.
ANSWERS
1. The appellate court upheld the trial court’s verdict,
stating it found no error.
2. Under cross-examination, witnesses may realize
their earlier testimony was inaccurate.
3. Kim’s claim that he was not present at the crime
scene is not necessarily contrary to Lee’s claim that
he was present but did not do the crime.
4. In Freeman’s book, The Grammatical Lawyer, he
discusses numerous rules of usage.
ANSWERS
1. The appellate court upheld the trial court’s verdict,
stating it found no error.
2. Under cross-examination, a witnesses may realize
their earlier testimony was inaccurate.
3. Kim’s claim that he was not present at the crime
scene is not necessarily contrary to Lee’s claim that
Kim was present but did not do the crime.
4. In Freeman’s book, The Grammatical Lawyer, he
discusses numerous rules of usage.
ANSWERS
1. The appellate court upheld the trial court’s verdict,
stating it found no error.
2. Under cross-examination, a witnesses may realize
their earlier testimony was inaccurate.
3. Kim claims that he was not present at the crime
scene, and Lee admits being present but denies
doing the crime. These two claims are not
necessarily contradictory.
4. In Freeman’s book, The Grammatical Lawyer, he
discusses numerous rules of usage.
ANSWERS
1. The appellate court upheld the trial court’s verdict,
stating it found no error.
2. Under cross-examination, a witnesses may realize
their earlier testimony was inaccurate.
3. Kim claims that he was not present at the crime
scene, and Lee admits being present but denies
doing the crime. These two claims are not
necessarily contradictory.
4. In his book, The Grammatical Lawyer, Freeman
discusses numerous rules of usage.
mangled modifiers
and
flagrant fragments
MANGLED MODIFIERS
Lolly, Lolly, Lolly,
Get Your Adverbs
Here
MANGLED MODIFIERS
(747-54)
 THREE
TYPES
 Misplaced modifiers
 Dangling modifiers
 Squinting modifiers
MISPLACED MODIFIERS

Rule: Keep modifiers close to the
word or words they modify.
 Frequent offenders:
 almost, also, even, ever, exactly,
hardly, just, merely, nearly, not, only,
scarcely, simply
EXAMPLE: “ONLY”

Only the defendant thought
that the car was rented.

(No one but the defendant
thought that.)
EXAMPLE: “ONLY”

The defendant only thought
that the car was rented.

(He did not know for sure.)
EXAMPLE: “ONLY”

The defendant thought only
that the car was rented.

(He thought that and nothing
else.)
EXAMPLE: “ONLY”

The defendant thought that
the only car was rented.

(Only one car was availabe,
and it was rented.)
EXAMPLE: “ONLY”

The defendant thought that
the car was only rented.

(He did not think it was leased
or sold.)
MISPLACED MODIFIERS

Example:
 In Smith v. Jones, using land thirteen
feet west of their boundary, a patio
was built by the claimants.
MISPLACED MODIFIERS

Example:
 In Smith v. Jones, using land thirteen
feet west of their boundary, a patio
was built by the claimants.
MISPLACED MODIFIERS

Example:
 In Smith v.Jones, using land thirteen
feet west of their boundary, the
claimants built a patio.
DANGLING MODIFIERS

Rule: Do not leave your modifier
“dangling”--without a noun in the
sentence to modify.
 Example:
 Looking at Winfield’s acts alone, it
would seem that his claim to the
triangle was hostile.
DANGLING MODIFIERS

Rule: Do not leave your modifier
“dangling”--without a noun in the
sentence to modify.
 Example:
 Looking at Winfield’s acts alone, it
would seem that his claim to the
triangle was hostile.
DANGLING MODIFIERS

Rule: Do not leave your modifier
“dangling”--without a noun in the
sentence to modify.
 Example:
 Looking at Winfield’s acts alone, the
court may find that his claim to the
triangle was hostile.
SQUINTING MODIFIERS



Rule: Do not place your modifier
where it would appear to modify both
the term that precedes it and the term
that follows it.
Example:
Since the bathhouse’s completion,
the Winfields have used it and the
surrounding land both during the
summer and winter.
SQUINTING MODIFIERS



Rule: Do not place your modifier
where it would appear to modify both
the term that precedes it and the term
that follows it.
Example:
Since the bathhouse’s completion,
the Winfields have used it and the
surrounding land both during the
summer and winter.
SQUINTING MODIFIERS



Rule: Do not place your modifier
where it would appear to modify both
the term that precedes it and the term
that follows it.
Example:
Since the bathhouse’s completion,
the Winfields have used both it and
the surrounding land during the
summer and winter.
SQUINTING MODIFIERS



Rule: Do not place your modifier
where it would appear to modify both
the term that precedes it and the term
that follows it.
Example:
Since the bathhouse’s completion,
the Winfields have used it and the
surrounding land during both the
summer and winter.
FLAGRANT FRAGMENTS
(714-719)



What are fragments?
-Incomplete sentences (missing subject
or main verb, or subordinate clause
posing as a sentence)
Why are they flagrant?
 -A fragment is one of the most
egregious errors a writer can make.
FLAGRANT FRAGMENTS
“This person can’t even
write in complete
sentences!”
FLAGRANT FRAGMENTS



Main Verb Missing
Example:
Therefore, Winfield may be able to get
title to the entire triangle, not just the
part upon which the bathhouse is built.
Provided, of course, that all the
elements of adverse possession are
proved in Winfield’s favor.
FLAGRANT FRAGMENTS



Main Verb Missing
Example:
Therefore, Winfield may be able to get
title to the entire triangle, not just the
part upon which the bathhouse is built.
Provided, of course, that all the
elements of adverse possession are
proved in Winfield’s favor.  VERBAL
PHRASE
FLAGRANT FRAGMENTS



Main Verb Missing
Example:
Therefore, Winfield may be able to get
title to the entire triangle, not just the
part upon which the bathhouse is built-provided, of course, that all the
elements of adverse possession are
proved in Winfield’s favor.
FLAGRANT FRAGMENTS

Subordinate clauses trying to pose as
complete sentences
 Subordinate clause =main clause
preceded by a word like: although,
because, if, until, when, etc.
 Example:

Winfield said Marm never used the
triangle. Although she had permission to
do so.
FLAGRANT FRAGMENTS

Subordinate clauses trying to pose as
complete sentences
 Subordinate clause =main clause
preceded by a word like: although,
because, if, until, when, etc.
 Example:

Winfield said Marm never used the
triangle. Although she had permission to
do so.
FLAGRANT FRAGMENTS

Subordinate clauses trying to pose as
complete sentences
 Subordinate clause =main clause
preceded by a word like: although,
because, if, until, when, etc.
 Example:

Winfield said Marm never used the
triangle, although she had permission to
do so.
EXCEPTIONS
(Non-Flagrant Fragments)
1. Issue statements beginning with
“Whether.”
Example:
Whether, under Washington tort law, Smith can
recover punitive damages . . . .
2. Answers to questions.
Example:
Probably not. In Washington, there is a strong
policy against awarding punitive damages . . .
EXCEPTIONS
(Non-Flagrant Fragments)
3. Exclamations (which rarely appear in
legal writing!)
4. For stylistic effect (by sophisticated
writers).
Example:
It may have been unavoidable, but it still
took courage. More courage than most
of us would have had.
EXCEPTIONS
(Non-Flagrant Fragments)
5. Transitions (--also risky for
inexperience writers).
Example
“First, the truth.”
usage
USAGE
 Affect
v. Effect:
 Rule: Generally, “affect” is the verb,
“effect” is the noun.
 Hint: The effect
 Exception: “effect” can be used as a
verb meaning “to bring about.” ex.
They aimed to effect some new
policies.
COMMON ERRORS
 All
right . . . NOT alright
 Regardless. . . NOT irregardless
 Imply v. Infer . . . The author implies, the
reader infers.
 Criteria (plural) v. criterion (singular)
 Disinterested (impartial) v. uninterested
 First v. firstly: use first, second, third
COMMON ERRORS
 Less
v. Fewer . . . “Less” is used with
mass nouns. “Fewer” is used with
things that can be counted.
 Examples:
less sand - less water
fewer people - fewer calories
COMMON ERRORS
 Mutual
v. Common: Mutual =
reciprocal, while common = shared
by two or more.
 Examples:
 mutual
love, respect, hatred
 common interests
COMMON ERRORS
 Historic
v. historical
 mitigate (extenuate) v. militate (to
have an effect on)
THAT V. WHICH
 Use
“that” and “which” for things; use
“who” for people. Use “that” for
restrictive clauses and “which” for
nonrestrictive clauses.
 -The defendant’s truck, which does
not have oversized tires, was
identified as the one . . .
USAGE
 None:
“None” can take either a
singular or a plural verb.
 Examples:
None of the building was painted
None of the guests were there when . .
.
Hint: if “none” is followed by a singular
noun, use the singular.
USAGE
 Reason
 This
. . . is because
is redundant!!
 Do not say “the reason is because . .
.”
 Simply say “the reason is that . . .”
USAGE
 “Whether”
 Do
not use “or not” unless you want to
convey the idea of regardless of whether.
 Examples:
 He did not know whether to go.
 We are going to have class on Friday
whether or not there is a hurricane.
USAGE
 A v. An
 Use
“a” before a noun which begins
with a consonant sound, and use “an”
before words that begin with a vowel
sound.
 Example
 a bus - an elephant
 But:
an honor, a university
USAGE
 Among
 Use
v. between
“among” when there are more
than two people. Use “between”
when discussing two objects or
people.
USAGE
 Different
 Rule:
from v. different than
Use “different from” unless the
sentence seems awkward.
USAGE
 “supposed
 Rule:
“d.”
to” and “used to”
Remember to include the final
USAGE
 Who
v. whom: Use “who” in most
subject positions and “whom” in most
object prepositions.
 See
pages 912-13 in Oates and
Enquist
RESOURCES
More Practice
 Laurel
Currie Oates, et al., The Legal
Writing Handbook: Practice Book (2d ed.
1998) (Stetson bookstore).
 Grammar texts and study aids available in
large retail bookstores (including used-book
stores.)
 Grammar texts in the bookstores at
St.Petersburg Junior College, Eckerd
College, and USF.
Assistance on Campus
 The
Writing Clinic.
 Your R & W professor (if you are
currently enrolled).
 For students not currently enrolled in
a R & W course, the R & W faculty
(by e-mail or appointment).
Style References
 At
Stetson’s Bookstore:
Texas Law Review Manual on Usage
and Style (8th ed. 1995) ($5.95)
Richard C. Wydick, Plain English for
Lawyers (3d ed. 1994) ($10.95)
Bryan A. Garner, The Elements of
Legal Style (1991) ($26.95)
Bruce Ross-Larson, Edit Yourself
(1982) ($7.95)
Style References
 More
in-depth, comprehensive, and
authoritative references:
The Chicago Manual of Style (14th ed.
1993)
U.S. Government Printing Office Style
Manual (current edition)
*Classic quick reference: William Strunk Jr. & E.B.
White, The Elements of Style (current edition)
The End