LAW105 Wk3: Online Learning Materials

Introduction to Grammar in Legal Context

  • The focus is on grammar as a tool for interpreting statutes and legal documents.

  • Analyzing specific grammatical functions of words and phrases is essential.

  • Passage analysis involves breaking down sentences into grammatical components for better understanding.

Analyzing Meaning

  • Example Phrase: "The first years are revolting."

    • Meaning 1: "Revolting" as an adjective describing "years"; implies the first years of law school are unpleasant.

    • Meaning 2: "Revolting" as a verb referring to first-year students protesting; indicates they oppose their grades.

    • Meaning 3: "Revolting" as an adjective describing first-year students; implies they are unpleasant, although the speaker contests this.

Sentence Structure Components

Definition of a Sentence

  • A sentence is defined as a series of words complete in itself as the expression of a thought that contains or implies a subject and a predicate while conveying a statement, question, exclamation, or command.

Key Components of a Sentence

  • Subject:

    • The person or thing that the sentence is about.

    • Can be a common noun, pronoun, or proper noun.

  • Predicate:

    • Contains what has been said about the subject.

Necessary Components for a Complete Sentence

  • Typically includes:

    • Subject (common, proper, or pronoun).

    • Verb in finite form (present, past, or future tense).

    • At least one clause, which must stand alone grammatically as the principal clause.

    • An initial capital letter and a final punctuation mark (full stop, exclamation mark, question mark).

Types of Nouns

General Definitions

  • Noun: A word denoting a name either in a specific or general sense; can represent people, places, or things.

  • Proper Noun: Refers to a specific person, place, or organization and is capitalized (e.g., Brisbane, Tim).

  • Common Noun: Refers to generic persons, places, or things and is not capitalized (e.g., desk, city).

  • Abstract Noun: Refers to non-physical concepts such as ideas and feelings (e.g., the law).

  • Collective Noun: Describes a group and can be singular or plural (e.g., audience, parliament).

  • Compound Noun: Combination of two nouns or noun and adverb (e.g., backpack, laptop).

Distinctions

  • Proper Noun vs. Common Noun: Proper nouns are capitalized while common nouns are not. Example: "To Kill a Mockingbird" is a proper noun; the word "book" is a common noun.

  • Collective Noun Usage: Can refer to the group as a singular or plural entity depending on context. Example: "the parliament is in session" (singular), vs "parliament are debating a proposed law" (plural).

Verbs

General Definition

  • A verb indicates performing an action or existing in a state of being.

Forms of Verbs

  • Infinitive Form: Created by adding "to" before the verb (e.g., to act, to walk).

  • Verbs change according to the subject (I, you, he, she, it, they) and also change based on tense (past, present, future).

Examples of Verb Usage by Tense

  • Past: "He studied hard yesterday."

  • Present: "She is studying hard at the moment."

  • Future: "We will study hard tomorrow."

  • Infinitive: "to study" serves as the base form.

Role of Clauses in Sentences

  • Each sentence consists of clauses which include verbs. A single clause can constitute a sentence but multiple clauses can exist within a sentence.

  • Example: For the sentence "Rajesh was a senior associate at a well-known city law firm…", identify verbs in each clause:

    1. "Rajesh was" (verb: was).

    2. "has" and "is seeking" (verbs: has, seeking).

Issues with Clauses

  • Missing Verbs can create confusion: e.g., "If necessary, my client will …" (missing verb clarity).

Common Grammatical Errors

Run-on Sentences

  • A run-on sentence joins two or more sentences either without punctuation or with a single comma, leading to confusion. Restructure where possible by using conjunctions (e.g., "and", "but").

Dangling Clauses

  • A dangling clause refers to a subject that is not clear or incorrect: e.g., "Despite having argued her client's case carefully, the judge still dismissed the appeal" (the subject is incorrectly implied).

  • Fix it by making subjects clear: "Although the barrister had argued her client's case…"

Voice: Active vs. Passive

  • Active Voice: Subject performs the action. E.g., "Maria served the affidavit on the defendant."

  • Passive Voice: The action is done to the subject, deemphasizing who is performing it. E.g., "The affidavit was served on the defendant."

Problems with Passive Voice

  • Increases word count, reduces clarity about who performed actions, can obscure meaning in legal contexts. Utilize passive voice only when it serves a purpose.

Verb Nominalizations

  • The process of turning verbs into nouns, which can lead to wordiness. E.g., "to agree" becomes "to enter into an agreement." Focus on clarity by using active verbs instead of nominalizations.

The Use of "Shall"

  • Recommended to avoid using the term "shall" in legal writing due to its ambiguity and potential multiple meanings. Use clearer alternatives like "will", "may", and "must" instead.

Splitting Infinitives

  • The rule against splitting infinitives can alter meaning. E.g., "They failed to completely understand the problem" vs. "They failed completely to understand the problem" can shift interpretation. Prioritize clarity over adherence to split infinitives.

Punctuation

Apostrophes

  • Possession vs. Contraction: Understand their distinct uses. An apostrophe indicates possession by adding an apostrophe followed by 's' (e.g., "the dog's collar"), while contractions omit letters (e.g., "cannot" becomes "can't").

  • It’s vs. Its: "It's" is a contraction of "it is", while "its" is possessive.

Commas

  1. Use for Breaks: Separating clauses or phrases. Introduce a natural pause but avoid overuse in legal documents.

  2. Before Principal Clauses: Placing them before conjunctions that introduce a new idea.

  3. Separate Lists: Including the Oxford comma for clarity in lists to avoid confusion.

Colons and Semicolons

  • Colons introduce lists or quotations, detailing something previously mentioned. For example, "There are three areas of focus in this course: grammar, logic, and rhetoric."

  • Semicolons connect closely related independent clauses. Example: "Sofia has the qualifications; consequently, we hired her for the job."

Parallel Structure

  • Maintain consistency in lists or series. Ensure subclauses correspond grammatically to the main clause for clarity. Example correction for parallel structure:

    • Incorrect: "The lessor undertakes to keep… making all repairs… will notify…"

    • Correct: "The lessor undertakes to keep…, make…, and notify…".

Conclusion of Grammatical Components

  • Understanding the nuances of grammar, punctuation, and structure is crucial for clear legal drafting and effective communication within legal documents.