Law and Society: Clear Communication Notes

Overview of Clear, Honest, Correct Communication

• Focus on improving writing and referencing skills.

  • Key components include:

  • Grammar

  • Editing

  • Clear drafting

  • Referencing techniques

Objective of Writing

• Aim is to communicate clearly with the audience using:

  • Plain Language Rules:

  • Keep sentences short.

  • Be concise; eliminate unnecessary words.

Common Errors in Writing

• Common issues to avoid:

  • Incorrect verb tenses/moods.

  • Improper plural forms.

  • Incomplete or fragment writings.

• How to avoid these errors?

  • Through Editing!

Importance of Editing

• Poor editing leads to poor writing caused by:

  • Language barriers for non-native speakers.

  • Hasty writing leading to errors.

  • Use of overly complex language (fancy language).

  • Carelessness.

• To avoid these pitfalls:

  • Practice writing and editing: "Keep writing & Editing – practice makes perfect."

Tips for Effective Editing

• Editing steps include:

  • Review text:

  • Word by word

  • Sentence by sentence

  • Paragraph by paragraph

  • Read aloud to catch mistakes.

  • Involve a proof-reader.

  • Use a dictionary.

  • Check for:

  • Spelling mistakes

  • Grammar (verb tenses)

  • Logical content flow

  • Easy-to-follow structure

Examples of Correction in Writing

• Original sentence:

  • “Court delays are a major issue which affects the rule of law and thus result in justice delayed and justice denied.”

• Improved sentence:

  • “Court delays significantly impact the rule of law, resulting in what is often described as 'justice delayed is justice denied.'”

Referencing Principles

• Quality of references must be:

  • Consistent: Use the same referencing style throughout.

  • Complete: Provide enough information for the audience to find the source.

  • Clear: Reference style should be easily understandable.

How to Reference

• Footnotes:

  • Common in legal writing.

  • Full references should be in footnotes.

  • Learn to follow the specific style assigned.

• Key considerations:

  • Placements of quote marks.

  • Content in footnotes/bibliography.

Using Quotes and Paraphrasing

• Short quotes use single quotation marks.

• Long quotes should be indented.

• For alterations in quotes, use square brackets.

• Use ellipses to indicate omitted words.

• Use a footnote for:

  • Paraphrased passages

  • Supporting research

Examples of Footnote Content (Hardcopy)

• Books:

  • Michael A. Jones, Textbook on Torts (4th ed, 1993).

• Chapters in Books:

  • Rod Duncan and Ron Duncan, ‘Improving security of access to customary-owned land in Melanesia: mining in Papua New Guinea’ in Peter Larmour (ed), The Governance of Common Property in the Pacific Region (1997) 73.

• Academic Journal Articles (Hard Copy):

  • Roscoe Pound, ‘The Limits of Effective Legal Action’ (1917) 27 International Journal of Ethics 150.

Examples of Footnote Content (Online)

• Journal Articles (Online):

  • Sarah Hardy Pickering, ‘A proposal to establish a land tribunal in Vanuatu’ (1997) 1 Journal of South Pacific Law http://www.vanuatu.usp.ac.fj/journalsplaw/WorkingPapers/Hardy_Pickering1.htm (Accessed 22 December 2004).

• Lecture Notes:

  • Anita Jowitt, ‘Topic 8 lecture notes’ LA 317 Labour Law, Semester II 2005 http://law.vanuatu.usp.ac.fj/easol/LA317/topic8/notes/ (Accessed 9 September 2005).

• Websites:

  • Vanuatu Chamber of Commerce and Industry, ‘Guide to starting a new business in Vanuatu’ (undated) http://vcci.com.vu/resources/starting-a-new-business/ (Accessed 28 April 2014).

Next Topic Overview

• Topic 5 focuses on Law, Justice, and Morality.

  • Topics 1-4 covered essential skills for lawyers, professionalism, and cultural challenges in the legal field.

  • Topic 5 includes discussions on:

  • Processes of law-making.

  • Different legal approaches.

  • The relationship between law and justice.

  • Types of law and fundamental legal concepts.

  • Problem-solving and analysis of factual issues.

Overview of Clear, Honest, Correct Communication

Focus on improving writing and referencing skills is essential for effective communication, especially in legal and academic contexts. Good writing not only conveys information but also reflects the credibility and professionalism of the writer.

Key components include:

• Grammar: Mastery of grammar ensures that the message is conveyed clearly. Common grammatical errors, such as subject-verb agreement, misused tenses, and incorrect comma placements should be addressed in writing practice.

• Editing: This process involves revising drafts for clarity, coherence, and correctness. It helps to spot errors that might have been overlooked during the drafting phase.

• Clear drafting: Writing should be organized logically, with ideas presented clearly and succinctly, allowing the audience to engage with the content without confusion.

• Referencing techniques: Proper citation of sources enhances the reliability of the work and allows readers to trace back to original materials for better understanding.

Objective of Writing

The primary aim is to communicate clearly with the audience using:

• Plain Language Rules:

  • Keep sentences short to enhance readability.

  • Be concise; eliminate unnecessary words and jargon that do not add value to the content. This aids in ensuring that the audience grasps the message quickly and accurately.

Common Errors in Writing

It's important to be aware of common issues to avoid:

• Incorrect verb tenses/moods: Usage of the wrong tense can confuse the timeline of events or arguments.

• Improper plural forms: Mistakes in pluralization can lead to misunderstandings about quantity or specificity.

• Incomplete or fragmented writings: These can confuse readers who may not grasp the intended message without complete context.

How to avoid these errors? Through thorough Editing! Understanding the nuances of language and revising your work critically can help eliminate these common pitfalls.

Importance of Editing

Effective editing is crucial as poor editing leads to poor writing caused by:

• Language barriers for non-native speakers, making clarity even more necessary.

• Hasty writing leading to errors, often overlooked in the heat of creation.

• Use of overly complex language (fancy language) that can alienate readers rather than engage them.

• Carelessness that bypasses essential elements of good writing.

To avoid these pitfalls:

• Practice writing and editing: "Keep writing & Editing – practice makes perfect." Regular practice leads to improvement over time.

Tips for Effective Editing

Editing steps include:

1. Review text:

   • Word by word: Focus on individual words to catch typos and grammatical errors.

   • Sentence by sentence: Ensure that each sentence flows logically and conveys its intended meaning.

   • Paragraph by paragraph: Check for consistency in argumentation and coherence within the overall structure.

2. Read aloud to catch mistakes: Hearing your words can help identify awkward phrasing or errors that may go unnoticed when reading silently.

3. Involve a proof-reader: A fresh set of eyes can catch errors that the writer may miss.

4. Use a dictionary: Ensure that vocabulary is used accurately, and terms are appropriate for the intended audience.

5. Check for:

   • Spelling mistakes: Commonly misspelled words should be double-checked, particularly in formal writing.

   • Grammar (verb tenses): Ensure consistency in verb tense usage, particularly in complex arguments.

   • Logical content flow: Each section should follow logically from the previous one to enhance the overall understanding.

   • Easy-to-follow structure: Utilize headings and subheadings to guide the reader through the text.

Examples of Correction in Writing

• Original sentence:
  "Court delays are a major issue which affects the rule of law and thus result in justice delayed and justice denied."

• Improved sentence:
  "Court delays significantly impact the rule of law, resulting in what is often described as 'justice delayed is justice denied.'"
  This example demonstrates the importance of clarity and conciseness in legal writing, where every word counts in conveying the precision of thought.

Referencing Principles

Ensuring the quality of references is paramount. References must be:

• Consistent: Employ the same referencing style throughout the document, whether APA, MLA, Chicago, etc.

• Complete: Provide enough information for the audience to find the source easily. This includes author names, titles, publication years, and other relevant details.

• Clear: The reference style should be readable and logically structured, allowing the audience to understand the context of the cited material.

How to Reference

References can be organized using footnotes:

• Common in legal writing where detailed citations are often required.

• Full references should be in footnotes, specified according to the style guide being used.

• Key considerations include the placements of quote marks and the content to be included in footnotes or the bibliography.

Using Quotes and Paraphrasing

• Short quotes should use single quotation marks, while long quotes should be indented for clarity.

• For alterations in quotes, use square brackets to indicate changes.

• Use ellipses to indicate omitted words to maintain the focus on the most critical aspects of the quote.

• Always add a footnote for:

  • Paraphrased passages to appropriately credit original authors.

  • Supporting research to back the arguments being presented.

Examples of Footnote Content (Hardcopy)

• Books:
  Michael A. Jones, Textbook on Torts (4th ed, 1993).

• Chapters in Books:
  Rod Duncan and Ron Duncan, ‘Improving security of access to customary-owned land in Melanesia: mining in Papua New Guinea’ in Peter Larmour (ed), The Governance of Common Property in the Pacific Region (1997) 73.

• Academic Journal Articles (Hard Copy):
  Roscoe Pound, ‘The Limits of Effective Legal Action’ (1917) 27 International Journal of Ethics 150.

Examples of Footnote Content (Online)

• Journal Articles (Online):
  Sarah Hardy Pickering, ‘A proposal to establish a land tribunal in Vanuatu’ (1997) 1 Journal of South Pacific Law http://www.vanuatu.usp.ac.fj/journalsplaw/WorkingPapers/Hardy_Pickering1.htm (Accessed 22 December 2004).

• Lecture Notes:
  Anita Jowitt, ‘Topic 8 lecture notes’ LA 317 Labour Law, Semester II 2005 http://law.vanuatu.usp.ac.fj/easol/LA317/topic8/notes/ (Accessed 9 September 2005).

• Websites:
  Vanuatu Chamber of Commerce and Industry, ‘Guide to starting a new business in Vanuatu’ (undated) http://vcci.com.vu/resources/starting-a-new-business/ (Accessed 28 April 2014).

Next Topic Overview

Topic 5 focuses on Law, Justice, and Morality.
It builds upon the foundational skills and concepts covered in Topics 1-4, which included essential skills for lawyers, professionalism, and cultural challenges within the legal field.
Topic 5 will encompass discussions on:

• Processes of law-making, exploring how laws are formulated, passed, and implemented in different jurisdictions.

• Different legal approaches such as common law vs. civil law traditions, and their respective principles.

• The relationship between law and justice, examining how laws can support or hinder the pursuit of justice.

• Types of law and fundamental legal concepts, which will include statutory law, case law, constitutional law, and more.

• Problem-solving and analysis of factual issues, equipping students with the skills to navigate complex legal scenarios and derive practical solutions based on evidence