Legal Research, Analysis, and Writing – Flashcards

 
question
A statement in which the actor (the subject) performs some action or describes a state of being (the predicate).
answer
Sentence
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Composed of the verb and object of the verb, such as a direct object
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Predicate
question
Have a SUBJECT and a PREDICATE.
answer
Sentence must (minimum)
question
Requires a NOUN and VERB
answer
Simpliest sentence
question
Keep as close as possible
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SUBJECT&VERB
question
THERE IS NO RULE!!! RECOMMENDATION ONLY: 15 to 25
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Sentence length
question
Which one is prefered "active" or "passive" voice?
answer
active voice
question
The SUBJECT of the sentence is the ACTOR.
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Active voice
question
The SUBJECT of the sentence is ACTED UPON.
answer
Passive voice
question
Select verbs that are active instead of verbs that show a state of being or are passive.
answer
Action verbs
question
Connects sentences and serves to establish the relationship between the subject of the sentences.
answer
Transitional words
question
however, even so, but, clearly, finally, in contrast, etc.
answer
Examples of transitional words
question
a group of sentences that address the same topic
answer
Paragraph
question
TOPIC, BODY, CLOSING SENTENCE
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Elements of Paragraph
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Identifies the subject of the paragraph
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Topic sentence
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the SUBJECT & PROVIDES the focus of the paragraph for the reader.
answer
What does the TOPIC SENTENCE introduce?
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Where is the topic usually placed
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at the begining
question
Cosists of a sentence or sentences, that support or develop the subject, introduced by the topic sentence.
answer
Paragraph Body
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Should summarize the topic addressed in the body or apply the subject discussed to the facts of the case.
answer
Closing sentences
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words, phrases, or sentences are required to connnect the SUBJECTS discussed in the different paragraphs.
answer
Transitional Sentences
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THERE IS NO RULE; However usually 3 to 6sentences; paragraph topics can be covered to 6 to 7 sentences
answer
Paragraph length
question
a group of related words used to convey information.
answer
Noun-verb string
question
a noun crated from a verb
answer
Nominalization
question
terms of art used in the legal profession that are not generally known outside the profession.
answer
Legalese
question
words or phrases frequently used in the past that are being phased out of legal writing.
answer
Archaic term
question
any form of writing, use of gender-specific language is prejudicial and inappropriate unless it refers to a specific person and the gender is known
answer
Sexist language
question
To render sentence in gender neutral
answer
he/she
question
when you intend to refer to one sex
answer
Appropriate reference to gender
question
a verb meanig "to influence"
answer
Affect
question
to briing about or cause;
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Effect (Verb)
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Effect (noun)
answer
Result
question
is used in regard to a list of words, all the items listed are included and required.
answer
And
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all the items listed are not required to be included. Any one or all of the items are included
answer
Or
question
An INTRANSIVE verb that means "to rest or recline."
answer
Lie
question
Verb that does not take a direct object
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Intransive verb
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a transitve verb that means "to put or place"
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Lay
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takes a direct object
answer
transitive verb
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used to impose a duty that is mandatory
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Shall
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indicates that the performance of an act is not mandatory
answer
May
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used to introduce restrictive clauses
answer
That
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used to inroduce nonrestrictice clauses
answer
Which
question
A clause that is not nessary to the meaning of the sentence.
answer
restrictive clauses
question
a clause that is not necessary to the meaning of the sentence; can be set off from the rest of the sentence w/o changing the meaning of the sentence
answer
Non restrictive clause
question
govern the construction of sentences
answer
rules of grammer
question
Should agree in PERSON & NUMBER
answer
SUBJECT&VERB
question
pronouns that do not refer to a specific person or thing. such as anyone, everybody, nobody, etc.
answer
Indefinite pronouns
question
a noun that refers to a group
answer
Collective noun
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refers to another noun in the sentence. which, who, and that.
answer
Relative pronoun
question
The noun to a relative pronoun
answer
Antecedent
question
the time in which a verb's action occurs
answer
Verb tense
question
when presenting your POSITION or LEGAL ANALYSIS
answer
Use present tense
question
When addressing a COURT OPINION that has already been decided
answer
Use past tense
question
when discussing a LAW or RULE still in effect
answer
Use present tense
question
Means that in sentences that include (a list, a group of activities, and so on,) each of the items must use the SAME grammatical form, that is, [[all the items or members of the group should agree in verb tense, number, and so on.]]
answer
parallel construction
question
avoid the use of verb constructions that are unnecessarily wordy
answer
superfluous verbs
question
word or phrases that provide descriptions of the subject, verb, or object in a sentence
answer
Modifier
question
Misplaced, dangling, and squinting, and split infinitives.
answer
problems with modifiers
question
a word or phrase that is placed in the wrong location in a sentence.
answer
misplaced modifiers
question
does not modify any other part of the sentence
answer
dangling modifiers
question
A modifier located in a position in the sentence that makes it unclear whether, it modifies the word that precedes it OR the word that follows it.
question
a verb form that functions as a noun or as an auxiliary verb, such as TO ARGUE, TO UNDERSTAND, and TO CONSIDER.
answer
split infinitives
question
Designed to make writing clear and easy to understand.
answer
Punctuation
question
used to separate the parts of a sentence so that the meanig is clear
answer
comma
question
one that could stand alone as a complete sentence
answer
independent clause
question
use when you want to introduce or call attention to information that follows, such as lists, conclusions, explanations, and quatations
answer
colon
question
is used to separate major elements of complex sentences OR items in a series if the items are too long or if one of the items has internal commas
answer
semicolon
question
serves to indicate possesion OR to form a contraction
answer
Apostrophe
question
use to identify and set off quoted material
answer
quatation marks
question
quotations of 50+ words
answer
block quotations
question
is used to indicate the omission of part fo a quotation
answer
ellipses
question
to show changes in or add information to quotations, OR to indicate an error in the original quotation
answer
brakets
question
used to add additional information to the sentence that is outside the main idea of the sentence or of lesser importance
answer
parentheses
question
is required to form compound modifiers and compound nouns
answer
hyphen
question
often referred to as the em dash or long dash. used to EMPHASIZE someting; to SET OFF LIST or briefly summarize materials containging commas; to SHOW an abrupt change of thought or direction.
answer
dash
question
not frequently used in legal writing but may be used to SEPERATE one option form another, when writing DATES, SEPARATE LINE BREAKS in poetry.
answer
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question
A statement in which the actor (the subject) performs some action or describes a state of being (the predicate).
answer
Sentence
question
Composed of the verb and object of the verb, such as a direct object
answer
Predicate
question
Have a SUBJECT and a PREDICATE.
answer
Sentence must (minimum)
question
Requires a NOUN and VERB
answer
Simpliest sentence
question
Keep as close as possible
answer
SUBJECT&VERB
question
THERE IS NO RULE!!! RECOMMENDATION ONLY: 15 to 25
answer
Sentence length
question
Which one is prefered "active" or "passive" voice?
answer
active voice
question
The SUBJECT of the sentence is the ACTOR.
answer
Active voice
question
The SUBJECT of the sentence is ACTED UPON.
answer
Passive voice
question
Select verbs that are active instead of verbs that show a state of being or are passive.
answer
Action verbs
question
Connects sentences and serves to establish the relationship between the subject of the sentences.
answer
Transitional words
question
however, even so, but, clearly, finally, in contrast, etc.
answer
Examples of transitional words
question
a group of sentences that address the same topic
answer
Paragraph
question
TOPIC, BODY, CLOSING SENTENCE
answer
Elements of Paragraph
question
Identifies the subject of the paragraph
answer
Topic sentence
question
the SUBJECT & PROVIDES the focus of the paragraph for the reader.
answer
What does the TOPIC SENTENCE introduce?
question
Where is the topic usually placed
answer
at the begining
question
Cosists of a sentence or sentences, that support or develop the subject, introduced by the topic sentence.
answer
Paragraph Body
question
Should summarize the topic addressed in the body or apply the subject discussed to the facts of the case.
answer
Closing sentences
question
words, phrases, or sentences are required to connnect the SUBJECTS discussed in the different paragraphs.
answer
Transitional Sentences
question
THERE IS NO RULE; However usually 3 to 6sentences; paragraph topics can be covered to 6 to 7 sentences
answer
Paragraph length
question
a group of related words used to convey information.
answer
Noun-verb string
question
a noun crated from a verb
answer
Nominalization
question
terms of art used in the legal profession that are not generally known outside the profession.
answer
Legalese
question
words or phrases frequently used in the past that are being phased out of legal writing.
answer
Archaic term
question
any form of writing, use of gender-specific language is prejudicial and inappropriate unless it refers to a specific person and the gender is known
answer
Sexist language
question
To render sentence in gender neutral
answer
he/she
question
when you intend to refer to one sex
answer
Appropriate reference to gender
question
a verb meanig "to influence"
answer
Affect
question
to briing about or cause;
answer
Effect (Verb)
question
Effect (noun)
answer
Result
question
is used in regard to a list of words, all the items listed are included and required.
answer
And
question
all the items listed are not required to be included. Any one or all of the items are included
answer
Or
question
An INTRANSIVE verb that means "to rest or recline."
answer
Lie
question
Verb that does not take a direct object
answer
Intransive verb
question
a transitve verb that means "to put or place"
answer
Lay
question
takes a direct object
answer
transitive verb
question
used to impose a duty that is mandatory
answer
Shall
question
indicates that the performance of an act is not mandatory
answer
May
question
used to introduce restrictive clauses
answer
That
question
used to inroduce nonrestrictice clauses
answer
Which
question
A clause that is not nessary to the meaning of the sentence.
answer
restrictive clauses
question
a clause that is not necessary to the meaning of the sentence; can be set off from the rest of the sentence w/o changing the meaning of the sentence
answer
Non restrictive clause
question
govern the construction of sentences
answer
rules of grammer
question
Should agree in PERSON & NUMBER
answer
SUBJECT&VERB
question
pronouns that do not refer to a specific person or thing. such as anyone, everybody, nobody, etc.
answer
Indefinite pronouns
question
a noun that refers to a group
answer
Collective noun
question
refers to another noun in the sentence. which, who, and that.
answer
Relative pronoun
question
The noun to a relative pronoun
answer
Antecedent
question
the time in which a verb's action occurs
answer
Verb tense
question
when presenting your POSITION or LEGAL ANALYSIS
answer
Use present tense
question
When addressing a COURT OPINION that has already been decided
answer
Use past tense
question
when discussing a LAW or RULE still in effect
answer
Use present tense
question
Means that in sentences that include (a list, a group of activities, and so on,) each of the items must use the SAME grammatical form, that is, [[all the items or members of the group should agree in verb tense, number, and so on.]]
answer
parallel construction
question
avoid the use of verb constructions that are unnecessarily wordy
answer
superfluous verbs
question
word or phrases that provide descriptions of the subject, verb, or object in a sentence
answer
Modifier
question
Misplaced, dangling, and squinting, and split infinitives.
answer
problems with modifiers
question
a word or phrase that is placed in the wrong location in a sentence.
answer
misplaced modifiers
question
does not modify any other part of the sentence
answer
dangling modifiers
question
A modifier located in a position in the sentence that makes it unclear whether, it modifies the word that precedes it OR the word that follows it.
question
a verb form that functions as a noun or as an auxiliary verb, such as TO ARGUE, TO UNDERSTAND, and TO CONSIDER.
answer
split infinitives
question
Designed to make writing clear and easy to understand.
answer
Punctuation
question
used to separate the parts of a sentence so that the meanig is clear
answer
comma
question
one that could stand alone as a complete sentence
answer
independent clause
question
use when you want to introduce or call attention to information that follows, such as lists, conclusions, explanations, and quatations
answer
colon
question
is used to separate major elements of complex sentences OR items in a series if the items are too long or if one of the items has internal commas
answer
semicolon
question
serves to indicate possesion OR to form a contraction
answer
Apostrophe
question
use to identify and set off quoted material
answer
quatation marks
question
quotations of 50+ words
answer
block quotations
question
is used to indicate the omission of part fo a quotation
answer
ellipses
question
to show changes in or add information to quotations, OR to indicate an error in the original quotation
answer
brakets
question
used to add additional information to the sentence that is outside the main idea of the sentence or of lesser importance
answer
parentheses
question
is required to form compound modifiers and compound nouns
answer
hyphen
question
often referred to as the em dash or long dash. used to EMPHASIZE someting; to SET OFF LIST or briefly summarize materials containging commas; to SHOW an abrupt change of thought or direction.
answer
dash
question
not frequently used in legal writing but may be used to SEPERATE one option form another, when writing DATES, SEPARATE LINE BREAKS in poetry.
answer
slash