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Grammar Grammar Basic rules to Remember Basic rules to Remember

Legal Writing -Grammar PPT for Windows

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Page 1: Legal Writing -Grammar PPT for Windows

GrammarGrammar

Basic rules to Remember

Basic rules to Remember

Page 2: Legal Writing -Grammar PPT for Windows

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A. Subject-Verb AgreementA. Subject-Verb Agreement

The subject and verb should agree in The subject and verb should agree in person and number. person and number.

Example:Example:

IncorrectIncorrect: :

The decision in the case The decision in the case requirerequire the the defendant to give defendant to give notice to the notice to the

plaintiff.plaintiff.

Correct: Correct:

The decision in the case The decision in the case requiresrequires the the defendant to give defendant to give notice to the notice to the

plaintiff.plaintiff.

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1.1.Two or more subjects joined by and Two or more subjects joined by and usually require a plural verb.usually require a plural verb.

Example:Example:

Mary and Joan Mary and Joan werewere present. present.

The president, secretary, and The president, secretary, and treasurer treasurer areare going to the going to the conference.conference.

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2. 2. Two or more subjects conjoined by Two or more subjects conjoined by or or or or nornor require a verb that agrees require a verb that agrees with the subject closest to the verb. with the subject closest to the verb.

Example:Example:

Tom or his brothers Tom or his brothers areare going to going to attend.attend.

Either the brothers or TomEither the brothers or Tom isis the the responsible party.responsible party.

Neither Tom nor his brother Neither Tom nor his brother isis going going to to attend.attend.

To accept the contract or to draft a To accept the contract or to draft a new one new one isis your opinion.your opinion.

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3. 3. Most indefinite pronouns require Most indefinite pronouns require singular verbs. Indefinite pronouns singular verbs. Indefinite pronouns are pronouns that do not refer to a are pronouns that do not refer to a specific person or thing, such as specific person or thing, such as anyone, everybody, nobody, anyone, everybody, nobody, someone, each someone, each andand something. something.

Example:Example:

Everybody Everybody isis responsible.responsible.

Each of the members Each of the members hashas a specific a specific task.task.

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4. 4. Some indefinite pronouns require a Some indefinite pronouns require a verb that matches the noun to which verb that matches the noun to which they refer. Some of these nouns are they refer. Some of these nouns are all, none, most, someall, none, most, some, and , and any.any.

Example:Example:

All of the property All of the property isis distributed.distributed.

All of the items All of the items areare missing. missing.

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5. 5. Plural indefinite pronouns such as Plural indefinite pronouns such as both, few, many, severalboth, few, many, several, and , and othersothers require a plural verb.require a plural verb.

Example:Example:

Few Few areare selected. selected.

Although there were multiple Although there were multiple presentations, several presentations, several werewere

not not in attendance.in attendance.

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6. 6. Collective nouns usually require a Collective nouns usually require a singular verb. A collective noun is a singular verb. A collective noun is a noun that refers to a group. (e.g. noun that refers to a group. (e.g. jury, family, crowd, majorityjury, family, crowd, majority.).)

Example:Example:

The jury The jury waswas deadlocked.deadlocked.

The family The family isis present. present.

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7. 7. Nouns that are plural in form but Nouns that are plural in form but have a singular meaning require a have a singular meaning require a singular verb (e.g. singular verb (e.g. politics, news, politics, news, mathematics.mathematics.))

Example:Example:

The news The news isis bad. bad.

The politics of the partyThe politics of the party is is corrupt.corrupt.

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8. 8. The Title of a work takes a singular The Title of a work takes a singular verb.verb.

Example:Example:

Military tactics Military tactics isis wonderful reading. wonderful reading.

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9. 9. A relative pronoun requires a verb that A relative pronoun requires a verb that agrees with its antecedent. A agrees with its antecedent. A relative relative pronoun pronoun is one that refers to another is one that refers to another noun in the sentence. (e.g. noun in the sentence. (e.g. which, who, which, who, and and that.that.) The antecedent is the noun ) The antecedent is the noun to which the relative pronoun refers. to which the relative pronoun refers.

If the antecedent is singular, the verb If the antecedent is singular, the verb should be singular. should be singular.

If the antecedent is plural, the verb If the antecedent is plural, the verb should be plural.should be plural.

Example:Example:

Our Our clientclient is one of the is one of the persons persons whowho has been indicted in has been indicted in the case.the case.

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Page 13: Legal Writing -Grammar PPT for Windows

VERB TENSEa distinction of form in a verb to express distinctions of time or duration of the action or state it denotes (Merriam-Webster Dictionary)

The time in which a verb’s action occurs. (William H. Putnam's "LEGAL RESEARCH, ANALYSIS AND WRITING" 2013 Edition on page 429)

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Basic Rules:When presenting your position or legal analysis, use present tense.

The Reproductive Health Bill maintains its controversial status in the Philippine Congress.

When addressing a court opinion that has already been decided, use past tense.

In Cordova v. Cordova, the Supreme Court suspended indefinitely the lawyer who committed adultery.

When discussing a law or rule still in effect, use present tense.

Republic Act 9139 or the Naturalization Act grants Filipino citizenship to aliens through administrative and legislative processes.

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Page 15: Legal Writing -Grammar PPT for Windows

PARALLEL CONSTRUCTION or PARALLELISM

Means that items in a list are similar in grammatical structure. (William H. Putnam's "LEGAL RESEARCH, ANALYSIS AND WRITING" 2013 Edition, page 429)

the use of successive verbal constructions in poetry or prose that correspond in grammatical structure, sound, meter, meaning, etc.. (Oxford Dictionary)

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Page 16: Legal Writing -Grammar PPT for Windows

FAULTY CONSTRUCTION

Formerly, law was taught by the textbook and case-based method, while now it includes Socratic method is employed.The Constitutional Law, the Political Law,

Remedial Law, and Criminal Law.

PARALLEL CONSTRUCTION

Formerly, law was taught by the textbook and case-based method; now it is also taught by the laboratory method. The Constitutional Law, the Political Law, the Remedial Law, and the Criminal Law. 

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Page 17: Legal Writing -Grammar PPT for Windows

Superfluous Verb Superfluous Verb (unnecessarily wordy)(unnecessarily wordy)

Two Classes :Two Classes :

1.1.pretenders-idle, common verbs that pretenders-idle, common verbs that supplant a working verb, which becomes a supplant a working verb, which becomes a noun, such verbs as do, have, make, provide, noun, such verbs as do, have, make, provide, and serve.and serve.

click for click for Example

2.2.class of superfluous verb is found in a clause class of superfluous verb is found in a clause that modifies a noun.that modifies a noun.

click for click for ExampleBack to Main

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Superfluous: Superfluous: The Supreme Court makes decision The Supreme Court makes decision about the case of attempted rape.about the case of attempted rape.

Revision: Revision: The Supreme Court decides on the case of The Supreme Court decides on the case of attempted rape. attempted rape.

Superfluous: Superfluous: The judge asked the Clerk of Court to The judge asked the Clerk of Court to provide a summary of the decision rendered by the provide a summary of the decision rendered by the Labor Arbiter.Labor Arbiter.

Revision: Revision: The judge asked the Clerk of Court to The judge asked the Clerk of Court to summarize the decision rendered by the Labor summarize the decision rendered by the Labor Arbiter.Arbiter.

Superfluous: Superfluous: The City Prosecutor made changes in The City Prosecutor made changes in the complaint affidavit last week.the complaint affidavit last week.

Revision: Revision: The City Prosecutor changed the complaint The City Prosecutor changed the complaint affidavit last week.affidavit last week.

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Superfluous: Superfluous: The argument that is included in the The argument that is included in the counter-affidavit is supported by sufficient counter-affidavit is supported by sufficient evidence.evidence.

Revision: Revision: The argument in the counter-affidavit is The argument in the counter-affidavit is supported by sufficient evidence.supported by sufficient evidence.

Superfluous: Superfluous: The facts given in the witness stand The facts given in the witness stand rebut the presumption of negligence on the part of rebut the presumption of negligence on the part of the accused.the accused.

RevisionRevision: The facts in the witness stand rebut the : The facts in the witness stand rebut the presumption of negligence on the part of the presumption of negligence on the part of the accused.accused.

Superfluous: Superfluous: The tasks that are involved in the legal The tasks that are involved in the legal profession are for public interest.profession are for public interest.

Revision: Revision: The tasks in the legal profession are for The tasks in the legal profession are for public interest.public interest. Back to MainBack to classes

Page 20: Legal Writing -Grammar PPT for Windows

Modifiers and InfinitivesModifiers and Infinitives

Misplaced Modifiers

Dangling Modifiers

Squinting Modifiers

Split Infinitives

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Page 21: Legal Writing -Grammar PPT for Windows

A word or phrase placed in the wrong A word or phrase placed in the wrong locationlocation

example : Present the client’s example : Present the client’s counterargument only in the third counterargument only in the third section of the brief.section of the brief.

Revision – modifier movedRevision – modifier moved

In the third section of the brief, In the third section of the brief, present only the client’s present only the client’s counterargument. counterargument.

Back to Types of Mod

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Do not modify any other part of the sentenceDo not modify any other part of the sentence

Example: To Example: To determinedetermine whether the whether the contract was contract was breachedbreached, the provisions of , the provisions of the statute must be referred to. the statute must be referred to.

Revision –dangling modifier eliminatedRevision –dangling modifier eliminated

To determine whether the terms of the To determine whether the terms of the contract violate the statute, the statutory contract violate the statute, the statutory provisions must be referred to.provisions must be referred to.

Back to Types of Mod

Page 23: Legal Writing -Grammar PPT for Windows

Modifier located in a position in the Modifier located in a position in the sentence that makes it unclear sentence that makes it unclear whether it modifies the word that whether it modifies the word that precedes it of the word that follows itprecedes it of the word that follows it

ExampleExample

The report that was prepared The report that was prepared routinelyroutinely indicated that the indicated that the structure was unsafe.structure was unsafe.

Revision : The report that was Revision : The report that was routinelyroutinely prepared indicated that prepared indicated that the structure was unsafe.the structure was unsafe.

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An infinitive is a verb form that An infinitive is a verb form that functions as a noun or as an auxiliary functions as a noun or as an auxiliary verb, such as to argue and to verb, such as to argue and to understand. understand.

Gen Rule : Should not be splitGen Rule : Should not be split

Split : To completely understandSplit : To completely understand

Revisions : To understand completelyRevisions : To understand completely

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Noun Pronoun AgreementNoun Pronoun Agreement

Pronouns must agree in number and Pronouns must agree in number and gender with the nouns to which they gender with the nouns to which they refer –their antecedents.refer –their antecedents.

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5 Guidelines to follow to ensure Noun-5 Guidelines to follow to ensure Noun-Pronoun AgreementPronoun Agreement

1.1.Pronouns must agree with their Pronouns must agree with their antecedentantecedent

2.2.Pronouns that do not refer to a definite Pronouns that do not refer to a definite person or thing are indefinite pronouns.person or thing are indefinite pronouns.

3.3.Antecedents joined by and require a plural Antecedents joined by and require a plural pronoun.pronoun.

4.4.Antecedents joined by OR or NOR require Antecedents joined by OR or NOR require a pronoun that agrees in number and gender a pronoun that agrees in number and gender with the antecedent closest to the pronounwith the antecedent closest to the pronoun

5.5.The number of pronoun that refers to a The number of pronoun that refers to a collective noun is determined by the collective noun is determined by the function of the collective noun.function of the collective noun. Back to Main

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EdwardEdward was required to submit was required to submit his his position paper.position paper.

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EveryoneEveryone has the freedom to select has the freedom to select his his or her or her candidatecandidate

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Edward and Edvard Edward and Edvard areare the favorite of the favorite of theirtheir grandparents. grandparents.

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Mary or the other defendants must Mary or the other defendants must conduct their investigation.conduct their investigation.

The defendants or Mary must conduct The defendants or Mary must conduct her investigationher investigation

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Page 31: Legal Writing -Grammar PPT for Windows

The committee, after reviewing the The committee, after reviewing the matter, presented its conclusion.matter, presented its conclusion.

(when the collective noun does not (when the collective noun does not function as a unit, plural pronoun is function as a unit, plural pronoun is required)required)

Back to MainBack to Guidelines

Page 32: Legal Writing -Grammar PPT for Windows

ADVERBADVERB

An Adverb is a word that describes, qualifies, or otherwise An Adverb is a word that describes, qualifies, or otherwise modifies a verb, an adjective, or another verb. Often, adverbs modifies a verb, an adjective, or another verb. Often, adverbs end with the suffix ly. Not all adverbs end in ly, however, and end with the suffix ly. Not all adverbs end in ly, however, and not all words ending in ly are adverbs. not all words ending in ly are adverbs.

EXAMPLE:EXAMPLE:

Her lawyer could have argued the case more effectively.Her lawyer could have argued the case more effectively.

That argument was somewhat effective. That argument was somewhat effective.

According to my secretary, the defendant arrived here at 6:00 According to my secretary, the defendant arrived here at 6:00 p.m.p.m.

We got an early start on the investigations and therefore ha We got an early start on the investigations and therefore ha dour argument compiled early.dour argument compiled early.

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ADJECTIVEADJECTIVE

An adjective is a descriptive word that modifies, An adjective is a descriptive word that modifies, quantifies, or otherwise describes a noun or quantifies, or otherwise describes a noun or pronoun. Adjectives often, though not always, pronoun. Adjectives often, though not always, appear before the word they modify. Predicate appear before the word they modify. Predicate adjectives follow the verb but modify the subject. adjectives follow the verb but modify the subject.

Examples:Examples:

The revised agreement has innovative features.The revised agreement has innovative features.

He was smoking a Cuban sigar and eating French He was smoking a Cuban sigar and eating French fries during the October 31 festivities.fries during the October 31 festivities.

There are twenty-four hours in a day.There are twenty-four hours in a day.

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CONJUNCTIONSCONJUNCTIONS

Conjunctions are connecting words, serving to join sentences, Conjunctions are connecting words, serving to join sentences, clauses, or words within a clause. There are two main types of clauses, or words within a clause. There are two main types of conjunctions.conjunctions.

1.1.Coordinating conjunctions Coordinating conjunctions join two items of corresponding join two items of corresponding grammatical rank, such as two independent clauses or two nouns. grammatical rank, such as two independent clauses or two nouns. Conjunctions sometimes appear in the form of a single word or Conjunctions sometimes appear in the form of a single word or phrase, and other times as paired terms. phrase, and other times as paired terms.

And, also, as a result, but, consequently, for, moreover, nevertheless, And, also, as a result, but, consequently, for, moreover, nevertheless, no less than, nor, or, otherwise, so, so that, still, therefore, yet.no less than, nor, or, otherwise, so, so that, still, therefore, yet.

Example: The agreement requested grants and aid for Example: The agreement requested grants and aid for agriculture development.agriculture development.

The resident violated her lease; consequently, she must The resident violated her lease; consequently, she must forfeit her security deposit.forfeit her security deposit.

Both.and, either/or, if/then, neither/nor, not only/but alsoBoth.and, either/or, if/then, neither/nor, not only/but also

Example:Example:

A case may be settled either inside or outside of court.A case may be settled either inside or outside of court.

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2.2.Subordinating conjunctions Subordinating conjunctions join two join two clauses that differ in grammatical rank. Such a clauses that differ in grammatical rank. Such a conjunction is used to introduce a dependent conjunction is used to introduce a dependent clause and to indicate the relationship of that clause and to indicate the relationship of that clause to the main clause. Subordinating clause to the main clause. Subordinating conjunctions may designate a relationship of conjunctions may designate a relationship of comparative degree, time, reason, or place.comparative degree, time, reason, or place.

Because, as much as, before, since, without, Because, as much as, before, since, without, unless, in order thatunless, in order that

Example:Example:

He could not say when the case would be closed.He could not say when the case would be closed.

Until you file a grievance, there is not much we Until you file a grievance, there is not much we can do.can do.

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