Legal Writing Style

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Legal Writing Style Technique
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LEGAL WRITING

• PLAGIARISM
• THE FIVE COMMANDMENTS OF PLAIN LEGAL WRITING
• LEGAL WRITING PRESENTATION
• LEGAL ENGLISH LEGAL STYLE GUIDE
• WRITING LEGAL ASSIGNMENTS

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PLAGIARISM

• Using another persons words, ideas or
  structures in a way that leaves the impression
  that they are your own work

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PLAGIARISM

• Academic Writing
• Plagiarism with footnotes
• NB More about footnotes later

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THE FIVE COMMANDMENTS OF PLAIN ENGLISH WRITING

• WRITE AS PLAINLY AS POSSIBLE
• AVOID LONG SENTENCES
• USE THE ACTIVE RATHER THAN THE PASSIVE VOICE
• AVOID ARCHAIC WORDS AND PHRASES
• BE CONCISE

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THE FIVE COMMANDMENTS OF PLAIN ENGLISH WRITING

• WRITE AS PLAINLY AS POSSIBLE
• MY FACTUAL KNOWLEDGE IS EXTREMELY LIMITED
• I KNOW LITTLE
• (OR) I DONT KNOW MUCH

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THE FIVE COMMANDMENTS OF PLAIN ENGLISH WRITING

• WRITE AS PLAINLY AS POSSIBLE contd
• THE AQUEOUS TOXIFICATION REDUCED THE CONDITIONS
  NECESSARY FOR THE SUSTENANCE OF THE INDIGENOUS
  POPULATION OF AQUATIC VERTEBRATES BELOW THE LEVEL
  OF CONTINUED VIABILITY
• OR
• THE POISONED WATER KILLED THE FISH

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THE FIVE COMMANDMENTS OF PLAIN ENGLISH WRITING

• AVOID LONG SENTENCES
• USE SINGLE WORDS, NOT COMPOUND PHRASES
• EXAMPLES
• FOR THE PURPOSE OF
• TO
• FOR THE REASON THAT
• BECAUSE
• IN THE EVENT THAT
• IF
• WITH REFERENCE TO
• ABOUT or REGARDING

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THE FIVE COMMANDMENTS OF PLAIN ENGLISH WRITING

• AVOID LONG SENTENCES contd
• USE SHORTER SENTENCES AND MORE OF THEM
• Hinz v Berry 1970 2 QB 40
• It happened on April 19, 1964. It was bluebell
  time in Kent. Mr and Mrs Hinz had been married
  some 10 years, and they had four children, all
  aged nine and under. The youngest was one. Mrs
  Hinz was a remarkable woman. ...
• per Lord Denning MR

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THE FIVE COMMANDMENTS OF PLAIN ENGLISH WRITING

• USE THE ACTIVE RATHER THAN PASSIVE VOICE
• (HINT PUT THE SUBJECT OF THE SENTENCE FIRST,
  THE OBJECT LAST)
• EXAMPLE
• THE RULING WAS MADE BY THE BOARD OF DIRECTORS
• OR
• THE BOARD OF DIRECTORS RULED

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THE FIVE COMMANDMENTS OF PLAIN ENGLISH WRITING

• USE THE ACTIVE RATHER THAN PASSIVE VOICE contd
• EXAMPLES
• THE RULING PUT FORWARD BY THE JUDGE WAS THAT THE
  DECISION BY THE MINISTER WAS IN ERROR FOR THE
  REASON THAT IT HAD CUT OFF EXAMINATION WITH
  RESPECT TO ISSUES THAT WERE VITAL.
• THE JUDGE RULED THAT THE MINISTERS DECISION
  ERRED BECAUSE IT CUT OFF EXAMINATION OF VITAL
  ISSUES.

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THE FIVE COMMANDMENTS OF PLAIN ENGLISH WRITING

• AVOID ARCHAIC TERMS
• SUFFER AND PERMIT
• ALLOW
• FULL AND COMPLETE
• COMPLETE
• SAVE AND EXCEPT FOR
• EXCEPT FOR
• TRUE AND CORRECT
• ACCURATE
• UNLESS AND UNTIL
• UNLESS

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THE FIVE COMMANDMENTS OF PLAIN ENGLISH WRITING

• AVOID ARCHAIC TERMS contd
• BUT ALSO AVOID THE USE OF POLITICALLY CORRECT
  TERMS
• - MOTIVATIONALLY DEFICIENT
• LAZY
• - OPTICALLY INCONVENIENCED
• BLIND
• - COMPANION ANIMAL
• PET
• - TERMINOLOGICAL INEXACTITUDE
• LIE
• - TERMINATE WITH EXTREME PREJUDICE
• KILL
• - CEREBRALLY CHALLENGED
• STUPID
• - NONTRADITIONALLY ORDERED
• SLOPPY

HOWEVER DO USE GENDER NEUTRAL LANGUAGE
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GENDER NEUTRAL TERMS

• EXAMPLES
• Sexist A student should submit his assignment in
  the box at the Law Library.
• Clumsy A student should submit her or his
  assignment in the box at the Law Library.
• Neater Students should submit their assignments
  in the box at the Law Library.
• Never A student should submit their assignment
  in the box at the Law Library.

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THE FIVE COMMANDMENTS OF PLAIN ENGLISH WRITING

• BE CONCISE
• EXAMPLES
• PURSUANT TO THE TERMS OF THE CONTRACT - UNDER THE
  CONTRACT
• THE QUESTION AS TO WHETHER THE DIRECTORS WERE
  NEGLIGENT - WHETHER THE DIRECTORS WERE NEGLIGENT

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THE FIVE COMMANDMENTS OF PLAIN ENGLISH WRITING

• BE CONCISE contd
• When youre finished

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WRITING LAW ASSIGNMENTS

• FORMAT
• 1.5 line spacing
• One side of paper only
• One inch margin (min) left and right
• Number pages put your student number in the
  header
• Use footnotes NOT endnotes
• Include a bibliography table of cases
• Staple only - no fancy covers
• Ensure you back up when writing assignments

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LAW ASSIGNMENTS

• Must be word processed on a computer
• A computer is not a typewriter with a screen
• You MUST learn how to use MS Word competently
• Tutorials are available on line

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WRITING LAW ASSIGNMENTS

• All Law assignments and papers must be
• Properly constructed as a paper a title,
  introduction, thesis, argument, conclusion
• Presented in the legal style shown in the Legal
  Style Guide
• In proper English grammar and form.
• On one side only of standard A4 paper, stapled
  not bound or covered
• Include a cover sheet

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SID XXXX XXXX Faculty of Law Assignment
Cover Sheet TORTS Laws 11/75-211 SEMESTER
072 Legal Reasoning Assignment Word
Count XXXX Due Date 4.00pm,
Monday 2 July 2007 Tutor Enter
name of tutor Tutorial Group Insert
Day and Time My Turn It In paper ID Submission
number is XXXXXXXX
SID
Law School standard assignment cover sheet
Uni Crest
Subject Name and Code
Do not write your name on Law School Assignments,
Papers or Examinations - use your student number
ONLY
Assignment Title
Word Count
Tutors Name, Tute Time and Date
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WRITING LAW ASSIGNMENTS

• Give your paper a title and clearly state your
  thesis and/or what it is you will be discussing
  /considering/proposing in the paper
• Insert proper citations for every case in a
  footnote straight after the case name
• Do not put substantive materials in footnotes
• Use headings that are explanatory, not structural

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WRITING LAW ASSIGNMENTS

• Formal written style e.g. no contractions
  (isnt, arent) or slang.
• Proper use of punctuation marks.
• Sentences have nouns and verbs.
• No changing tenses, or plurals to singular.
• Use words correctly.
• Use short sentences and short paragraphs

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GENERAL RULES

• Be plain
• Be concise
• Number the paragraphs in letters papers longer
  than 2 pages (?)
• One topic per paragraph

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GENERAL RULES

• Use sub headings in papers longer than 2 pages
• Structure the paper so that it flows logically.
• Proof read and spell check
• Check page layout and spacing

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STRUCTURE

• Manageable units with an informative heading
• Related material together
• Place important before unimportant general
  before specific ordinary before unusual

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STRUCTURE

• Consider using a chronological
  sequence
• Consider using
• Tables of contents
• Headings
• Marginal notes
• Schedules
• Appendices and
• Definitions clauses.
• No long unbroken sentences - National Bank v
  Mason (1974) 133 CLR 191

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LEGAL STYLE

• Australian Guide to Legal Citation
• Melbourne University Law Review
• www.law.unimelb.edu.au/mulr/

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FOOTNOTES AND AUTHORITY

• Any statement in a legal context which makes a
  statement of principle or an assertion of law or
  fact must be supported by an authority

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FOOTNOTES, AUTHORITY AND PLAGIARISM

• IMPORTANT
• Any statement of law, principle or fact which is
  not footnoted will be regarded as either a purely
  personal opinion or attempted plagiarism

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Writing law assignments - ENGLISH GRAMMAR

• Colon ()
• Apostrophe (..)
• Hyphens, (-)
• Italics
• Parenthesis symbols (...)

• LEARN TO USE
• Comma (,)
• Semicolon ()
• Full stop (.)
• Exclamation (!)
• Question mark (?)
• Inverted commas (...)

Do not use these!!!!!
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WRITING LAW ASSIGNMENTS - WORD COUNT

• Law School Papers have a specified
  maximum/minimum word count. (normally or 10)
• Use the computer to count the words and list this
  on the cover sheet (do not count footnotes)
• Excess words are not read and penalties are
  applied to long or short papers
• Check instructions re overs/unders

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WHEN YOU THINK YOU HAVE FINISHED

• Good writing is re-written writing.There are no
  good writers only good re-writers
• Proof read and spell check
• Always print the final copy of your assignment
  24 hours before it is due
• Check submission time
• Keep both a hard and a digital copy

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WRITING AND RE-WRITING

• Once you have your first draft you must read your
  work with a critical eye and decide what
  revisions are needed - and then MAKE them!
• At least 3 drafts are usually required
• What is written without effort is in general
  read without pleasure Samuel
  Johnson

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GENERAL POINTS

• Read the Question!
• Apply for extensions BEFORE the assignment is due
  (see instructions) - do not assume you will get
  one
• Computer/disc failure is no excuse for a late
  submission