Paralegal 106-Legal Writing Final: Grammar – Flashcards

a. Examples: i. "." [ = We saw nothing.] ii. "She never danced with nobody." [ = She didn't dance with anybody.] b. Exception: i. "I am not unconvinced by his argument." ii. The use of not together with unconvinced suggests that the speaker has a few mental reservations about the argument. The double negative creates a nuance of meaning that would not be present had the speaker just said: "I am convinced by his argument."

a. Spell out all numbers beginning a sentence. i. Examples: 1. Twenty-three hundred sixty-one victims were hospitalized. 2. Nineteen fifty-six was quite a year. ii. Exception: 1. There is an exception for years. 2. Example: 1956 was quite a year. b. Hyphenate all compound numbers from twenty-one through ninety-nine. i. Examples: 1. Forty-three people were injured in the train wreck. 2. Twenty-seven of them were hospitalized. c. Hyphenate all written-out fractions. i. Examples: 1. We recovered about two-thirds of the stolen cash. 2. One-half is slightly less than five-eighths. d. With figures of four or more digits, use commas. Count three spaces to the left to place the first comma. Continue placing commas after every three digits. Important: do not include decimal points when doing the counting. i. Examples: 1. 1,054 people 2. $2,417,592.21

i. AM and PM are also written A.M. and P.M., a.m. and p.m., and am and pm. ii. Some put a space between the time and AM or PM. 1. Examples: a. 8 AM b. 3:09 P.M. c. 11:20 p.m. iii. Others write times using no space before AM or PM. 1. Examples: a. 8AM b. 3:09P.M. c. 11:20p.m. iv. For the top of the hour, some write 9:00 PM, whereas others drop the :00 and write 9 PM (or 9 p.m., 9pm, etc.). v. Using numerals for the time of day has become widely accepted. 1. Examples: a. The flight leaves at 6:22 a.m. b. Please arrive by 12:30 sharp. vi. However, some writers prefer to spell out the time, particularly when using o'clock. 1. Examples: a. She takes the four thirty-five train. b. The baby wakes up at five o'clock in the morning.

a. Use parentheses to enclose information that clarifies or is used as an aside. b. Brackets are far less common than parentheses, and they are only used (like single quotation marks) within quoted material. c. If material in parentheses ends a sentence, the period goes after the parentheses. i. Example: He gave me a nice bonus ($500). d. Periods go inside parentheses only if an entire sentence is inside the parentheses. i. Example: Please read the analysis. (You'll be amazed.) ii. This is a rule with a lot of wiggle room. An entire sentence in parentheses is often acceptable without an enclosed period: iii. Example: Please read the analysis (you'll be amazed). e. Parentheses, despite appearances, are not part of the subject. i. Example: Joe (and his trusty mutt) was always welcome. f. Commas generally follow parentheses. i. Incorrect: When he got home, (it was already dark outside) he fixed dinner. ii. Correct: When he got home (it was already dark outside), he fixed dinner. g. Brackets have been added by someone else. They are used to explain, comment or correct the quotation. i. "Four score and seven [today we'd say eighty-seven] years ago..." ii. "Bill shook hands with [his son] Al." h. When quoting something that has a spelling or grammar mistake or presents material in a confusing way, insert the term sic in italics and enclose it in non-italic (unless the surrounding text is italic) brackets. i. Example: She wrote, "I would rather die then [sic] be seen wearing the same outfit as my sister. " i. In formal writing, brackets are often used to maintain the integrity of both a quotation and the sentences others use it in. i. Example: "[T]he better angels of our nature" gave a powerful ending to Lincoln's first inaugural address.

a. California Style Manual: i. People v. Barton [italic] (1995) 12 Cal.4th 186 ii. Short cites (Zamudio v. State of California [italic](1998) 62 Cal.AppAth (hereafter Zamudio [italic]).) ... But as the court noted in Zamudio [italic], supra [italic], 62 Cal.AppAth at page 677, ... b. Harvard Blue Book: i. Universal City Studios, Inc. v. Corley 273 F.3d 429 (2d Cir. 2001) ii. Short Cites (Universal, 273 F.3d at 435)

a. The first, last, and important words in a title. i. The concept "important words" usually does not include articles, short prepositions (which means you might want to capitalize "towards" or "between," say), the "to" of an infinitive, and coordinating conjunctions. ii. On book jackets, aesthetic considerations will sometimes override the rules. b. Specific geographical locations: i. However, we do not capitalize compass directions or locations that aren't being used as names: the north side of the city; we're leaving the Northwest and heading south this winter. c. When we combine proper nouns, we capitalize attributive words when they precede place-names, as in Lakes Erie and Ontario, but the opposite happens when the order is reversed: the Appalachian and Adirondack mountains. d. When a term is used descriptively, as opposed to being an actual part of a proper noun, do not capitalize it, as in "The California deserts do not get as hot as the Sahara Desert." e. Names of newspapers and journals. i. Do not, however, capitalize the word the, even when it is part of the newspaper's title: the Hartford Gazette.

f. In a court document or legal memorandum, capitalize the titles of court documents that have been filed in the matter that is the subject of the document. i. Do not capitalize a reference to a court document by the generic name of the document rather than by its actual title or a shortened form of its actual title ii. This motion is filed to seek relief from a default. iii. Plaintiff asks for sanctions in his Motion to Compel. g. Names of relationships only when they are a part of or a substitute for a person's name. i. Let's go visit Grandmother today. Let's go visit my grandmother today. ii. I remember Uncle Arthur. I remember my Uncle Arthur. My uncle is unforgettable. h. Party designations: Capitalize "Plaintiff," "Defendant," "Appellant," "Appellee," and so forth when referring to parties in the matter or when the word is the subject of the court document or memorandum. i. EXAMPLES: Without admitting culpability, Plaintiff herein responds to Defendant's allegations of harassment. ii. Furthermore, Appellees claim that this line of reasoning applies to the instant case. iii. California style manual differs and notes no capitalization unless using a reference. 1. Bridge and Construction Company (hereafter Plaintiff) entered into a contract with American British Commercial Bank and Trust Company 2. (hereafter Bank) and Waste Management of the Desert (hereafter Waste Management). (Subsequent references to "Plaintiff," "Bank," and 3. "Waste Management" would be capitalized, consistent with the adopted form.)

i. Capitalize the first word of any sentence or direct quotation i. Incorrect 1. the partners decided to incorporate. 2. The manual states, "when customers purchase infrequently, they need the support of distribution specialization." 3. The buyer said, "we were there," and continued after a pause, "But did not participate." ii. Correct: 1. The partners decided to incorporate. 2. The manual states, " When customers purchase infrequently, they need the support of distribution specialization." 3. The buyer said, "We were there," and continued after a pause, "but did not participate." j. Internet names i. Most dictionaries are capitalizing Internet, Web, and associated words such as World Wide Web (usually shortened to Web), Web page, Web site, etc., ii. The publications of some corporations, such as Microsoft, seem to be leaning away from such capitalization. iii. The words e-mail and online are not capitalized.

a. A coffin is wider in the middle and narrower at the ends. It's the shape you often see of the boxes standing on end where vampires sleep in old movies or of the lawn decorations you can buy for Halloween. b. Caskets are rectangular and are usually larger and more expensive than coffins.

a. A vaccine is the fluid they inject into you or the aerosol you inhale; it's the preparation of an inactivated microbe or virus that stimulates an immune response that helps protect you from disease. For example, a nurse could say, "The vaccine arrived yesterday." Picture a tube of liquid. b. A vaccination is the shot you get. It's the introduction of the vaccine into your body. You get a vaccination when someone administers the vaccine to you.

a. Your = possessive you (pronoun) i. I have a copy of your receipt. b. You're = contraction for you are i. You're a pain in my neck.

a. There = in, at, or to that place or position i. The plow is over there by the oxen. b. Their = possessive for them (pronoun) i. Those are their oxen. c. They're = contraction for they are i. If they think they're taken my oxen, they're mistaken.

a. The first word following the colon should be lower-cased if the words after the colon form a dependent clause (that is, if they could not stand on their own as a complete sentence). b. If the following phrase is a complete (independent) clause, you may choose to capitalize it or not.

a. Farther = measurable distance: "Which state is farther away?" b. Further = metaphorical or figurative distance: "If you complain further, I'm going to shoot you out the airlock."

a. "Envy" = a longing for someone else's good fortunes. "Envy" is when you covet your friend's good looks. b. "Jealousy" = is a fear of rivalry, often present in sexual situations. "Jealousy" is what happens when your significant other swoons over your good-looking friend.

a. Must have verb and tense agreement b. Use correct pronoun - remove one to see if makes sense c. Examples: i. She and I went to a movie. - correct ii. Me and her went to a movie. - incorrect iii. Coach ran him and me ragged. - correct iv. Coach ran him and I ragged. - incorrect

a. Imply means to suggest indirectly (you're sending a subtle message). b. To infer is to come to a conclusion based on information (you're interpreting a message).

a. Literally means exactly what you say is accurate, no metaphors or analogies. b. Everything else is figurative (relative, a figure of speech).

a. This is NOT a word, no matter what some new age dictionary says. b. Instead use regardless or irrespective

a. Complement is something that adds to or supplements something else. b. Compliment is something nice someone says about you.

a. Alot is not a word b. A lot is proper

a. When you mean it is or it has, use an apostrophe. i. Examples: 1. It's a nice day. 2. It's your right to refuse the invitation. 3. It's been great getting to know you. b. When you are using its as a possessive, don't use the apostrophe. i. Examples: 1. The cat hurt its paw. 2. The furniture store celebrated its tenth anniversary.

a. If like can be replaced by as or as if, it usually should be. b. Like is a preposition used as an adjective, not an adverb. As an adjective, it applies to nouns or noun phrases. c. Thus in similes, like is proper: "He is like a fool." "He looks like Washington." In both of these examples, "like" translates as "similar to." d. As or as if used as an adverb: She acts like [should be as if] she has a grievance. The play ended like [should be as] it should.

a. They tell the reader to pause. b. Watch out for using a comma to divide a run-on sentence. i. "Lucy's role is merely advisory, although she might be called on to supply facts about the spill, her opinion probably would not form the basis of any final decision." c. Commas are also used to set aside parenthetical phrases and must be used in pairs. i. The man, knowing it was late, hurried home. d. Commas separate unnecessary words or phrases. i. I name my son, William, as the executor of my estate. e. Commas separate a year from the date and a proper name from a title. i. December 12, 1984 ii. Al Mooney, M.D., is here. f. Commas and periods should always appear inside the quotation marks. i. "But I was not in Cancun," the defendant protested. ii. "I was working around the clock to finish my legal writing homework."

Similar to commas because they tell the reader to pause and they break apart thoughts. a. Used to separate two independent sentences. i. The paralegal's responsibilities are broad; they include summarizing deposition transcripts. b. Semicolons can separate clauses of a compound sentence when an adverbial conjunction joins the two. i. The defendants presented a good case; however, they lost. c. Semicolons separate phrases in a list

a. The marks of introduction: what follow are explanations, conclusions, amplifications, lists or series or quotations. i. Help was on the way: Someone had called the police. ii. Sandra had two assignments: write her resume and draft a cover letter. b. Colons do not follow a verb or preposition. i. The hours of the museum are 10 am to 7 pm. ii. Marc loves many sports, such as tennis, soccer, and softball.

a. Double Quotation Marks enclose direct quotations. i. The judge said, "The trial date will not be continued." b. Single Quotation Marks - used to define a quote within a quote. i. The client told the lawyer, "My boss said, 'You cannot be a good lawyer c. Block quotations - no quotation marks d. Quotation marks are sometimes used to emphasize words or phrases, although most authorities now discourage the practice. Italic typeface is generally better used for this purpose. Quotation marks may also be used when referring to a word as a word. e. Emphasis added or in original - used to show difference between quoted format vs. added format

a. "Less" is reserved for hypothetical quantities. b. "Few" and "fewer" are for things you can quantify. i. The firm has fewer than ten employees. ii. The firm is less successful now that we have only ten employees.

a. When you create each of the phrases within your sentence, follow the same grammatical pattern or number. A plural subject must have a plural verb. You must also use parallel tenses when you are listing a series of activities. b. You must use plural pronouns and verbs when the subjects are plural. c. Collective nouns like jury, court, committee, and group must have a singular verb because they are one unit. i. The jury was to eat lunch at noon. d. Compound subjects joined by "and" typically use a plural verb, regardless of whether any or all of the individual subjects are singular. i. The attorney and paralegal were available for the client. e. When a compound subject is joined by "or" or "nor," it takes a singular verb if the subject is singular. If one or more is plural, then a plural verb is necessary. i. An apple or orange is my favorite snack. ii. Neither mother nor the children were happy. f. Indefinite pronouns - those that do not refer to a specific person or a thing. Ex) all, any, each, everyone, nobody, one, something. i. Most are singular subjects and take singular verbs. 1. Everyone is free to go. 2. Each of the stores was open on Sunday. ii. Some (any, none, some, and all) may take either a singular or plural depending upon the meaning. iii. All of the library was quiet. iv. All of the paralegals were working hard.

- choice of words a. Use concrete verbs b. Use simpler words and short sentences. c. Avoid legalese or legal speak when possible

- the tone of your document. In professional writing, the document's tone is formal. a. Do not use colloquial language or slang. b. Do not use contractions because they are causal. c. Use active voice when possible i. Active voice is when the subject of the sentence is doing the action of the verb. ii. Active voice emphasizes the actor.

- a collection of statements that focus on the same general subject. a. Effective paragraphs have a unified purpose, a thesis or topic sentence, and transitions between sentences.

- a statement that conveys a single idea. a. It should be written in the active voice and include a subject and verb. b. Do not place your subject too far from the verb. c. Focus your reader on the idea you wish to convey.

- Who you are writing for.