LEGAL ENGLISH

I. Clauses 1. Definition A CLAUSE is a group of words that has a subject and predicate 2. Kinds: a. Independent clause- it is a group of words that has a subject and a predicate. It does depend upon anything else for its meaning. It expresses a complete thought. When it stands alone, an independent clause is a simple sentence. ( A simple sentence is a sentence with one subject and one predicate , either or both of which may be compound. It consist of one and only one independent clause.) b. Subordinate clause- It is a group of words that has a subject and predicate, but the clause cannot stand alone. It does not express a complete thought. It depends upon the main clause for its meaning hence it is also called a dependent clause. The connective, or the word that introduces the subordinate clause, plays and important part in making it a dependent clause. It makes the subordinate clause which follows it dependent upon then main clause for the meaning. Ex. The lawyers and the people stood up and stopped talking when the judge entered the courtroom. The connective word when introduces the subordinate clause the judge entered the courtroom- a complete sentence. When makes the subordinate clause the judge entered the room dependent on the main clause The lawyers and the people stood up and stopped talking The subordinate clause is dependent upon the main clause The lawyer and the people stood up stopped talking. Without the main clause, the subordinate clause when the judge entered the room does not express a complete thought even if the dependent clause is with a subject the judge and a predicate entered the courtroom.

II. Sentences A. Classification based on internal structure or the way in which it is built up. Based on number and kinds of clauses. 1. Simple sentence A simple sentence is a sentence with one subject and one predicate , either or both of which may be compound. It consists of one and only one independent clause. Examples. o The lawyers stopped talking. ( simple subject- the lawyers and simple predicate- stopped talking) The lawyer stopped talking and stood up. (simple subject and compound predicate- two or more verbs or verb phrases) The lawyers and the people stopped talking. (compound subject- two or more nouns or pronouns: the lawyers and the people; single predicate) The lawyers and the people stopped talking and stood up. (compound subject and compound predicate)

o o

Note: Review your eight parts of speech and remember that a particular word can function in different ways. Ex. The word fast o o o 2. Compound sentence A compound sentence is a sentence that contains two or more independent clauses. When you put together two independent clauses or two simple sentences, together to form one long sentence you have a compound sentence. Compound sentence is the type of sentence which enables us to combine two or more related ideas. The independent clauses of a compound sentence must be joined in some way, a coordinate conjunction, to indicate that the independent clauses from one sentence. A compound sentence may be joined in one of three ways: a) By using comma before a coordinate conjunction. Rule: Two independent clauses should not be joined by a comma unless a coordinate conjunction is used. Comma fault- when two independent clauses are joined by means of comma. The sole connection between two independent clauses is a comma. Run on sentence error- when two or more independent clauses are run together without any mark of punctuation or without any connecting word. b) By using semicolon without conjunction. *Transitional words- another type of connecting words but are not conjunctions (some may have adverbial force). They belong to the independent clause which they introduce or which they are found. *Sometimes the connection is made by a group of words e.g. in fact, on the other hand, that is, etc. Connectives that belong to these groups are always preceded by semicolon. -Words like moreover, however, therefore, and nevertheless are usually set off by commas. -Words like then, still, yet, and so are seldom set off by comma when they retain their adverbial force. He is a fast learner. (fast as an adjective modifying the noun driver) He learns fast. (fast as an adverb modifying the verb learns) Moslems fast during Ramadan (fast functions as a verb)

Commonly used transitional words: accordingly indeed afterwards likewise again meanwhile anyhow moreover besides namely consequently nevertheless doubtless next eventually perhaps evidently perhaps finally possibly furthermore still hence then however therefore yet thus

as a result at last at the same time for example for instance for this reason in any case in fact in like manner in short on the contrary on the other hand hat is in addition

c)

By using a coordinate conjunction without a comma.

Kinds of Conjunction *The word conjunction comes from two Latin words which mean to join with or to join together. A. Coordinate conjunctions Coordinate- means the same rank or of equal rank. * Coordinate conjunctions are used to connect words, phrases and clauses of equal rank. *Coordinate conjunctions: (commonly used) FABON-W a) For b) And c) But d) Or e) Not f) While (when it means the same as but)

Note: When you use conjunctions other than coordinate conjunction, you will make/transform the other joined independent clause into a subordinate clause. (These conjunctions are part of the clause and with them in the clause the independent clause becomes subordinate clause. Hence you are not anymore making a compound sentence but a complex sentence (combination of independent clause and subordinate clause the use of punctuations: comma, semicolon become important. B. Correlative Conjunction- is used in pairs to connect the same kind of words or group of words, e.g. both .. and; whether . or; not only but also; neither . nor; either ..or Ex. Sharon Stone is not only beautiful, but also brilliant.

C.

Subordinate conjunction- connects two ideas by making one idea dependent on the other. The relationship may be one of : *cause (as, because, inasmuch as, since), *comparison (as .. as, so .. as, than) *concession (although, though, while) *condition (if, provided that, unless) *manner (as, as if, as though) *place (where, wherever) *purpose (in order that, so that, that) *result (so that, so that, such .. that) *time (after, as, before, since, till, until, when, while) Ex. There were more cases filed than there were judges. Note: The rule is: when the independent clauses of a compound sentence are very long or have internal punctuation, a semi-colon is generally used before the coordinate conjunction. Internal punctuation means that there are commas within one or both of the independent clauses. Ex: Atty. Bragado, my former student, said that she will not be attending the hearing; but I will attend the hearing anyway. Transitional words can also be used to connect between two independent clauses in a compound sentence. A semicolon always precedes connectives that belong to this group.

Commonly used transitional words: accordingly afterwards again anyhow besides consequently doubtless eventually evidently finally furthermore hence however yet indeed likewise meanwhile moreover namely nevertheless next otherwise perhaps possibly still then therefore thus as a result at last at the same time for example for instance for this reason in any case in fact in like manner in short on the contrary on the other hand that is in addition

Examples. *He was found guilty of kidnapping with ransom; consequently, he was meted the penalty of life imprisonment. *I do not despise him; on the contrary, I am very close to him. *He paid his obligation in advance; hence, he was given a discount.

3. Complex sentence A complex sentence is a sentence that consist of one independent clause and one or more subordinate (dependent) clauses. The independent clause is also called the main or principal clause. It does not depend upon anything else for its meaning. It expresses a complete thought and can stand alone. The subordinate (lower in rank) clause is less important than independent clause because it depends upon the independent clause for its meaning. It should never be punctuated as if it were a complete sentence because it cannot stand alone. A subordinate clause is usually introduced by some type of subordinate conjunction or by a relative pronoun. These connecting words not only makes it clear that the clause expresses an idea that is subordinate to the main clause, but they also join the subordinate clause to some words in the independent clause. A relative pronoun always joins a clause to the antecedent of the pronoun. It also has an important function in the subordinate clause. It might be the subject of the clause, the object of the verb in the clause the object of a preposition or a predicate pronoun after a linking verb. Kinds of subordinate clauses A. Adverbial clause An Adverbial clause functions as an adverb. It modifies verbs, adjective and adverbs. Adverbs tell how, when, where, and to what extent the action is performed. E.g. * The counsel listened to the witness because he wanted to know the facts. * She will find the subpoena when she returns from work. Words used as subordinate conjunctions: after although as as . as as if as long as as soon as as though because before even if even though except if in order that provided provided that since so .. as so that than that till though unless until when whenever where wherever whether while

Kinds of adverbial phrase: *TIME: after, before, when, whenever, since, until, as soon as, while I watched the game while I was waiting for the client. *MANNER: as, as if, as though The sheriff walks as if he was tired. *PLACE: where, wherever The staff put the notice where it can be seen *DEGREE: that, as____ as, not so ____as, than The judge was not so industrious as the justice.

*COMPARISON: as, than, so___ as, as ___ as The lawyer was later than he usually is. *PURPOSE: that, so that, in order that The student studied everyday so that he will pass the bar. *RESULT: that, so that The lawyer was persuasive that the judge ruled in his favor. *CONDITION: if, provided, provided that, unless I shall attend the meeting if I arrive early from the hearing. *CONCESSION: although, though, even if Atty. Maj will attend the hearing although she has a slight fever. *CAUSE: as, because, since The students read the book because their teacher wrote it. Position of the adverbial clause: *Adverbial clause follows the main clause. He went to the office when it was convenient. *It is often placed in the beginning of the sentence for emphasis or for variety of sentence pattern. When the subordinate clause precedes the main clause, it is usually set off by comma. When it was convenient, he went to the office. Note: use as,as if and as though for comparison instead of Like o I shall write the letter as (like) you advised me o You looked as if (like) you were tired. o Looks as if (like) it will rain. **** when like is used as a preposition it means similar to, or in a similar manner to. Eg. Ravi is like his father in temperament. B. Adjective clause An Adjective clause functions as an adjective. It also modifies nouns and pronouns. Adjective clause is usually introduced by the following: a) Relative pronouns- It is a pronoun that joins an adjective clause to some word in the independent or the main clause. The word to which it joins is the antecedent of the relative pronoun. The relative pronoun used in this way are who (whom), which and that. Examples. *Kahlil brought the costume that his classmate ordered. (subordinate clause- that his classmates ordered- it is an adjective clause modifying the word costume. This clause is introduced by the relative pronoun that. The antecedent of the relative pronoun that is the noun costume. The pronoun that joins its clause toe word costume in the main clause.) *I agree with the opinion which was written by Justice Cardozo. *The witness saw the accused whom he met at the crime scene.

b)

Relative adjective- modifies a noun which it follows - its antecedent in the main clause. E.g. *That is the man whose car was stolen (The word whose is a relative adjective modifying the word car. The antecedent of the word whose is the word man in the main clause. The word whose connects the clause whose car was stolen to the man (Note that the whose is the possessive form of who)

c)

Relative adverb- always has an antecedent and joins its clause to that antecedent. It too performs the function of an adverb in its own clause. It is called relative adverb because it relates an antecedent. Adjective clauses are usually introduced by the relative adverbs when, where, and why. E.g. *We found the house where the victim was raped. (where relative adverb. It introduces the clause- where the victim was raped. It also refers to its antecedent, house. As an adverb, it modifies the verb was raped in the subordinate clause. *I discovered the reason why he was sued.

*The doctor selected the day when he can testify. Note: The only difference between a relative adverb and a simple adverb is the fact that the relative adverb is found in an adjective clause and refers to its antecedent in the main clause. Both relative adverbs and simple adverbs modify verbs.

Adjective clause may be the following: a. Restrictive clause - clause that are necessary/essential to the meaning of the sentence. It identifies the word it modifies. They are not set off by commas. Ex. The judge spoke to the lawyer who was cross-examining the witness. (The adjective clause is who was cross-examining the witness. If you leave the clause out, it would change the meaning of the sentence because it doesnt give an indication who the lawyer was. Since the clause identifies the lawyer, it is essential to the meaning of the sentence.) Nonrestrictive clause not essential to the meaning of the sentence. The give added information, but the essential meaning of the sentence would not be changed if such clauses were omitted. It functions like an appositive or a parenthetical expression - like a thrown in remark. It is set off by comma. Ex. Judge Monroe, who taught in UC, spoke to the freshmen. (The clause who taught in UC give additional information about Judge Monroe, but the meaning of the sentence is not changed without such clause. The clause does not place any restriction on the meaning.)

b.

C.

Noun clause A noun clause are used in the same way as nouns- used as subject of the sentence, as objects of verbs and as object of prepositions. It is also used to describe or limit a noun or a pronoun just like an adjective.

*As subject: What the adverse counsel proposed was not practical. (the whole clause is the subject) Where we could find the witness was our problem. (the whole clause is the subject) That the judge can be bought is known to the public. How he passed the exam puzzled me. Note that the words what, how, that, and where usually introduce noun clause as these words likewise introduce adverbial or adjective clause. If the clause functions as a noun then it is a noun clause *As a direct object of a verb: A noun used as an object completes the meaning of the verb and answers the question WHAT? I hope that you will pass the BAR. (object of hope) We knew he will make it. (object of knew) I believe that he make it to the top ten.(object of believe) * As predicate noun: A noun clause may be used as a predicate noun after a linking verb. Liked a predicate noun, a noun clause used after a linking verb means the same thing as the subject. The rumor was that he was disbarred. (Means the same as the rumor) My first impression was that the Labor arbiter was honest.(means the same as impression)

* As object of preposition: Like noun, a noun clause is sometime used as the object of a preposition. The entire clause is the object of the preposition. Give the notice to whoever is in the law office. (The noun clause whoever is in the law office is the object of the preposition to The word whoever is the subject of the clause. The sentence means that you cannot just give the notice to whoever but the notice must be given to whoever is in the law office. We did not agree about what the prosecution suggested. ( The noun clause what the prosecution suggested is the object of the preposition about. The word what is the object of the verb suggested) *Noun clause used as an appositive: A noun is often used in apposition with another noun. The word apposition comes from two Latin word which means placed by or put near to. A word in apposition is put near another word to explain it or to identify it in some way. *Rolly, our office secretary, is very accommodating. (Coma is used when the appositive is just an added information about the noun and without it the meaning of the sentence will not change)

Note: Same analysis on restrictive and non-restrictive clause. *The rumor that the judge will be promoted to the Court of Appeals spread rapidly. (When the appositive is so closely connected with the noun it explains or identifies, no comma is needed to set it off)

4. Compound Complex sentence This a type of sentence which is composed of two or more independent clauses and one or more dependent clauses. Example: *The judge finished the trial in haste because the Supreme Court gave him a deadline, but the justices were not satisfied with his decision. - The judge finished the trial in haste (independent clause) - because the Supreme Court gave him a deadline, (dependent clause) - ,but the justices were not satisfied with his decision.(independent clause)