Contents. Acknowledgments...xix. Introduction...1. Part I: A Guide to Effective Writing...5

Transcription

1 Contents Acknowledgments...xix Introduction...1 Part I: A Guide to Effective Writing...5 Chapter 1: Effective Writing The Whole Paper The Psychology of Writing Outlines, Writing Plans, and Ordered Lists Read It All; Mull It Over Don t Overlook Obvious Ways to Organize Find Order Using a Three-Column Chart Talk to a Colleague Try a New Analogy or Format Create a Dining Room Table, Bedroom Floor, or Multiple Monitor Outline Consider Your Reader and Purpose and How You View the Case Drafting the Document Give Yourself Optimum Writing Conditions Trick Yourself into Getting Started Write What You Know Best First Get the Juices Flowing Take It One Step at a Time Stay Focused Reward Yourself Organize Your Drafts Revising Develop a Revision Checklist Write an After-the-Fact Outline Do a Self-Critique Check for Unity and Coherence Editing Proofreading...20 Chapter 2: Connections Between Paragraphs Headings Roadmaps and Signposts Roadmaps Signposts xi

2 xii CONTENTS Chapter 3: Effective Paragraphs The Function of a Paragraph Paragraph Patterns Unity and Coherence in Paragraphs Paragraph Unity Paragraph Coherence a. Using Familiar Organizational Patterns...32 b. Using Key Terms...33 c. Using Sentence Structure and Other Coherence Devices Paragraph Length Topic and Concluding Sentences Stated Topic Sentences Implied Topic Sentences Concluding Sentences Paragraph Blocks...42 Chapter 4: Connections Between Sentences Generic Transitions Using Generic Transitions Problems with Generic Transitions Orienting Transitions Substantive Transitions The Structure of Substantive Transitions: Dovetailing The Content of Substantive Transitions a. Bridging the Gap Between Law and Application...59 b. Applying Another Court s Rationale...59 c. Gathering Together Several Facts...60 d. Bridging the Gap Between Sections of a Document...60 Chapter 5: Effective Sentences Active and Passive Voice Identifying Active and Passive Voice Effective Use of Active Voice Effective Use of Passive Voice Concrete Subjects Action Verbs Distance Between Subjects and Verbs Sentence Length The Reader The Context The Power of the Short Sentence Emphasis Underlining Using Positions of Emphasis... 79

3 CONTENTS xiii Combining the End Position with Other Strategies for Emphasis Using Punctuation for Emphasis Using Single-Word Emphasizers Changing the Normal Word Order Repeating Key Words Setting up a Pattern Variation: Deliberately Breaking a Pattern Sentence Structures That Highlight Similarities or Differences...85 Chapter 6: Effective Words Diction and Precision Colloquial Language Reader Expectations and Idioms Not-Really-Synonymous Synonyms The Same Term for the Same Idea Precise Comparisons Subject-Verb-Object Mismatch Grammatical Ambiguities Conciseness Don t State the Obvious Don t Start Too Far Back Don t Overuse Quotations Create a Strong Subject-Verb Unit Avoid Throat-Clearing Expressions Don t Use Pompous Language Don t Repeat Yourself Needlessly Clean Out the Clutter Focus and Combine Avoid Excessive Conciseness Plain English vs. Legalese Archaic Word Choice Foreign Phrases Use of Terms of Art and Argot Use of Said and Such as Adjectives Omission of the Article The Absence of First- and Second-person Pronouns Gender-Neutral Language Generic Use of Man Generic Use of He a. Revise the Sentence So That the Antecedent and Its Pronoun Are Plural b. Revise the Sentence So That a Pronoun Is Not Needed c. Replace the Masculine Noun and Pronoun with One, Your, or He or She, as Appropriate...130

4 xiv CONTENTS d. Alternate Male and Female Examples and Expressions e. Repeat the Noun Rather Than Use an Inappropriate Masculine Pronoun Gender-Neutral Job Titles Sexist Modifiers Other Sexist Language Bias-Free Language Avoid Irrelevant Minority References Stay Abreast of the Preferred Terminology a. Prefer Self-Chosen Labels b. Choose Precise, Accurate Terms c. Whenever Possible, Prefer the Specific Term Over the General Term d. Prefer Terms That Describe What People Are Rather Than What They Are Not e. Notice That a Term s Connotations May Change as the Part of Speech Changes f. In Selecting Terms, Emphasize the Person Over the Difference g. Avoid Terms That Are Patronizing or Overly Euphemistic or That Paint People as Victims h. Avoid Idioms That Are Steeped in Prejudice Chapter 7: Eloquence Purple Prose Common Features of Eloquent Writing Repetition of Sound Cadence Variety in Sentence Length Variety in Sentence Openers Balance and Symmetry Onomatopoeia Simile and Metaphor Personification Part II: A Guide to Correct Writing Chapter 8: Grammar Basic Sentence Grammar Sentence Patterns Single-Word Modifiers Phrases a. Gerunds b. Participles c. Infinitives d. Absolutes...164

5 CONTENTS xv Clauses Appositives Connecting Words a. Coordinating Conjunctions b. Correlative Conjunctions c. Conjunctive Adverbs Fragments Missing Main Verb Subordinate Clauses Trying to Pose as Sentences Permissible Uses of Incomplete Sentences a. In Issue Statements Beginning with Whether b. As Answers to Questions c. In Exclamations d. In Quoted Material e. For Stylistic Effect f. As Transitions Verb Tense and Mood Tense Mood Subject-Verb Agreement Pronouns Each Pronoun Should Clearly Refer Back to Its Antecedent Avoid the Use of It, This, That, Such, and Which to Refer Broadly to a General Idea in a Preceding Sentence Pronouns Should Refer Back to Nouns, Not Adjectives Pronoun-Antecedent Agreement Modifiers Misplaced Modifiers Dangling Modifiers Squinting Modifiers Parallelism Chapter 9: Punctuation The Comma The Semicolon The Colon The Apostrophe Other Marks of Punctuation Quotation Marks a. Identification of Another s Written or Spoken Words b. Block Quotations c. Effective Lead-ins for Quotations d. Quotations Within Quotations...228

6 xvi CONTENTS e. Quotation Marks with Other Marks of Punctuation f. Other Uses for Quotation Marks Ellipses Brackets Parentheses a. To Enclose Short Explanations of Cases Within Citations b. To Refer Readers to Attached or Appended Documents c. To Confirm Numbers d. To Enclose Numerals or Letters That Introduce the Individual Items in a List e. To Announce Changes to a Quotation That Cannot Be Shown by Ellipses or Brackets f. To Introduce Abbreviations After a Full Name Is Given The Hyphen The Dash Part III: A Guide to Legal Writing for English-as-a- Second-Language Writers Chapter 10: Legal Writing for English-as-a-Second-Language Writers Grammar Rules for Non-native Speakers of English Articles Verbs a. Verbs with Auxiliary (Helping) Verbs b. Verb Tense in Conditional Sentences c. Verb Tense in Speculative Sentences d. Verb + Gerunds, Infinitives, or Objects e. Two- or Three-Word Verbs Prepositions a. Prepositions That Follow Verbs Commonly Used in Law b. Prepositions That Follow Adjectives Commonly Used in Law c. Prepositions That Follow Nouns Commonly Used in Law d. Prepositions in Idioms Sentence Patterns in Legal Writing a. Addition Sentence Patterns b. Cause/Effect Sentence Patterns c. Condition/Result Sentence Pattern d. Comparison Sentence Patterns e. Contrast Sentence Patterns f. Juxtaposition Sentence Patterns...275

7 CONTENTS xvii g. Concession Sentence Pattern h. Resumption After a Concession Sentence Pattern i. Sequencing for Emphasis Sentence Patterns j. Speculation Sentence Patterns Rhetorical Preferences in Writing Cultural Assumptions About Readers and the Purposes for Writing a. Assumptions and Expectations in the United States and in the United States Legal Culture b. Assumptions and Expectations in Other Cultures Culturally Determined Patterns in Writing a. Preferences in the United States b. Preferences in Other Cultures Conciseness vs. Repetition a. Preferences in the United States b. Preferences in Other Cultures Some Final Thoughts Bibliography for ESL Law Students and Legal Writers Glossary of Usage Index