VILLARUBIA, JACQUELINE S.

JD 1-C

BSU COLLEGE OF LAW

LEGAL WRITING
Atty. Edgardo R. Sison

Grammar and Style exercises:

A. Passive Voice

The active voice is more effective than the passive void. The active voice is simpler, clearer, shorter, and
more direct. In passive sentences, the format is object, verb, subject. Active sentences follow a different format:
subject, verb, object. Example: “The attorney faxed the summary-judgment motion.” If the structure is object, verb,
subject, then it’s a “single passive.” A sign your sentence has a single passive is if you see the word “by.” Example:
“The summary-judgment motion was faxed b the attorney.” Use single passives to connect sentences or end a sentence
with emphasis. A double passive, also known as a blank or nonagentive passive, hides the subject. Example: “The
summary-judgment motion was faxed.” In that example, the reader doesn’t know who faxed the motion. When you
omit the subject, the actor is unknown. The passive voice conceals information, is vague, and places emphasis
wrongly. Write in the active voice unless you’re using the double passive deliberately to emphasize the object rather
than the verb or you don’t know or care who the subject is.

Rewrite the following sentences to active voice:

1. Testimony was heard by the jury from multiple eyewitnesses.

The jury heard the testimony from multiple eyewitnesses.

2. The jury was instructed not to talk about the case until jury deliberations.
The jury must not talk about the case until jury deliberations.

3. It’s been proposed that the court break for a short recess.
The judge proposed that the court break for a short recess.

4. The conclusion reached is that any settlement under $200,000 won’t be accepted.
The contracting parties concluded that any settlement under $200,000 won’t be accepted.

5. Max was killed with a butcher knife.

Sam killed Max with a butcher knife.

6. The victim was shot by the defendant.

The defendant shot the victim.

B. Nominalizations

A nominalization occurs when an added suffix turns a verb into a noun. Your writing
shouldn’t have any nominalizations. They’re wordy and abstract. Use a strong verb rather than a
noun. You want your sentence to show action. Example: “The court reached the decision that . .
.” becomes “The court decided that . . . . “ Avoid buried verbs that end with these suffixes: “-
tion,” “-sion,” “-ment,” “-ance,” and “-ity.” A “be” – very attached to a clause that ends in a
proportion should be eleiminated. Example: “Be in attendance becomes “attend.”

Rewrite the following sentences by removing nominalization:

1. The judge gave a ruling in favor of the defense.

The judge ruled in favor of the defense.

2. The attorney has a preference for Criminal Court cases.

The attorney prefers for Criminal Court cases.

3. A police officer’s role is the enforcement of the law.

 A police officer enforces the law.

4. Parents have an obligation to take care of their children.

Parents are obliged to take care of their children.

5. The attorney committed a violation of ethical rules.

The attorney violated ethical rules.

6. The interns took into consideration that the less they talk to each other, the faster they’ll
finish their work.
The interns considered that the less they talk to each other, the faster they’ll finish their
work.

C. Modifiers
Modifiers are words, phrases, or clauses that act as adjectives or adverbs. Modifiers should point clearly to
the words they modify. Modifiers can be misplaced, squinting, or dangling. Place modifiers next to the words they
modify.

Misplaced modifiers are placed too far from the word or words they modify. Misreadings arise when phrases
or words are misplaced. Example: “I went to a lawyer with legal problems.” By writing the sentence this way, the
reader will believe that the lawyer, not you, has legal problems.

A squinting modifier can refer to the word before it or the word after it. But a modifier should modify only
one word. Place these modifiers right before or right after the words they modify. Placing the modifiers elsewhere
will allow for a meaning different from what you intended Example: “A modifier should only modify one word.”
Becomes “A modifier should modify only one word” because we want to place emphasize on “one word.” Squinting
modifiers include “almost,” “also,” “even,” “exactly,” “hardly,” “just,” “merely,” “nearly,” “scarcely,” “simply,”
“solely.”

Dangling modifiers (dangling participle phrases) fail to refer logically to any word in the sentence. Example:
“Though only 18, the judge found the young defendant guilty on all charges.” This sentence suggests that the judge
is only 18 years old. You have two ways to fix dangling modifiers: (1) include the subject of the sentence; or (2) turn
the modifier into a word group and include the subject. Corrected version: “Although the defendant was only 18, the
judge found him guilty on all charges.” Dangling participles describe something left out of a sentence. Example:
“Writing carefully, dangling participles must be avoided.” This phrase dangles; it doesn’t answer who writes carefully
or who must avoid dangling participles. Corrected version: “To write carefully, one must avoid dangling participles.”
To fix dangling participles, identify who’s doing what to whom to point out clearly the subject and avoid double
passives.

Rewrite the following sentences by identifying and arranging properly the modifiers.

1. Knowing that the defendant isn’t liable, the case went to trial.
The case went to trial even though the defendant isn’t liable.

2. The victim described her attacker as having a birthmark on his cheek, which was shaped
like a heart.
The victim described her attacker as having a heart-shaped birthmark on his cheek.

3. After jaywalking the intersection, the crossing guard yelled at me for not paying attention.
After I jaywalked the intersection, the crossing guard yelled at me for not paying attention.

4. The robber was described as a short man with a heavy accent weighing about 130 pounds.
The robber a short man with a heavy accent weighing about 130 pounds.

5. Many students have, by the time they completed law school, had internships in the field.
By the time they completed law school, many students have had internships in the field.

6. The lawyer walked toward the bench wearing a blue shirt.

The lawyer who’s wearing a blue shirt walked toward the bench.
D. Wordiness

Short sentences are read and understood more easily than long ones. And many legal documents are
unnecessarily wordy. Writer’s use of the word of is a main contributor to wordiness. When possible, invert or
rearrange a sentence to delete of.

Some tips:

 Delete and, if necessary, replace as of.

 Delete of after “all” and “both,” except when followed by a pronoun.
 Delete of after “alongside,” “inside,” “off,” and “outside.”
 Delete of in dates and years.
 Revise sentences to remove of abstractions, such as “factor of,” “kind of,” “matter of,” “sort of,”
“state of,” and “type of.”
 Use “except for” to replace “outside of.”

In addition, remove redundant words and phrases (example: “In some instances” becomes “Sometimes”) and
substitute one word for a wordy prepositional phrase (example: “the editing of articles” becomes “editing articles”).
To write more crisply, write in the active voice, and avoid nominalizations and legalese.

Rewrite the following sentences by avoiding wordiness:

1. The jury’s decision will have an impact on the plaintiff’s future.

The jury’s decision will affect the plaintiff’s future.

2. Whether the court will adjourn the case is dependent on several factors.
The court will dismiss the case depending on several factors.

3. The crime was committed in October of 2012.

The crime was committed on October 2012.

4. A large percentage of women attended the judge’s seminar at Columbia’s Law School.
Women attended the judge’s seminar at Columbia’s Law School.

5. The decision was written by Judge Learned Hand.

Judge Learned Hand write a decision.

6. Defendant stated that after he gave Plaintiff advance notice of termination of employment,
Plaintiff sued.
The plaintiff sued after the defendant gave Plaintiff advance notice of termination of
employment.

E. That vs. Which vs. Who vs. Whom

Which word you choose between that and which affects how your readers will understand the sentence. That
is restrictive (defining); which is non-restrictive (non-defining). Defining clauses provide essential information that
is important for the sentence; non-defining clauses introduce nonessential information. If the word or concept
following that or which is one of several, use that. If the word or concept expresses a totality, use which. Which
should be surrounded by a comma, whereas that shouldn’t have commas around it.

Use that as a structural device to aid understanding. Example: “The People alleged defendant committed
murder.” Becomes: “The People alleged that defendant committed murder.” In this sentence, adding that aids
understanding because “The People” can’t alleged a defendant.

Eliminate the nonstructural that. Example: “The advice that he gave to the class is not to be wordy.”
Becomes: “The advice he gave to the class is not to be wordy.”

Use that to distinguish between direct and indirect discourse. Direct discourse: “The senior partner said,
‘Bill researched the issues.’” Always eliminate the extra that. Example: The court attorney explained that although
she will only draft the decision, that no one will read it.” Becomes: “The court attorney explained that although she
will only draft the decision, no one will read it.” Replace “that that” with “that this” or “that the.”
 Differentiate between that (or which) and who. That and which refer to things, entities, concepts and animals.
Who refers to people and to named animals and animals that have special qualities. Who and whoever are used to
refer to subjects and subject complements, whereas whom and whomever are used to represent objects. To choose the
correct pronounce, isolate the subordinate clause and then decide how the pronoun functions within it. Who
occasionally functions as a subject complement in a subordinate clause. Subject complements occur within the linking
verbs am, are, be, been, being, and is.

Rewrite the following sentences:

1. The Lower Manhattan office that is located in Tribeca is close to the defendant’s home.
The Lower Manhattan office, which is located in Tribeca, is close to the defendant’s home.

2. The court officer that works on Wednesdays never recognizes the judge’s interns.
The court officer who works on Wednesdays never recognizes the judge’s interns.

3. The witness saw the man that stole the car.

The witness saw the man who stole the car.

4. The court held the 500-pound man in contempt.

5. This gun is the weapon which was used in the bank heist.
This gun is the weapon that was used in the bank heist.

6. The woman identified the man that had robbed her.

The woman identified the man who had robbed her.

F. Subject/Verb Proximity
Good sentences keep their subjects and verbs next to each other. The shorter the distance between the subject
and verb in a sentence, the greater the cohesion and understanding. A short distance – or no distance – between the
subject and the very also reduces wordiness.

Exercises: Subject/Very Proximity

Rewrite the following sentences.

1. The trial, which involved testimony from dozens of witnesses, some of whom flew here
from places as far as California, lasted for almost two months.
The trial lasted for almost two months which involved testimony from dozens of witnesses,
some of whom flew here from places as far as California.

2. Sentences should have their subjects and verbs located next to each other so that they can
be most easily understood.

3. The brief, although it was flawlessly written, was submitted late and therefore not accepted
by the court.
The flawlessly-written brief was submitted late and, therefore, not accepted by the court.

4. Copies of Eduardo Galvez’s immigration papers, as well as of his marriage certificate and
subsequent divorce papers, will likely be requested by the prosecuting attorney.

Copies of Eduardo Galvez’s immigration papers will likely be requested by the prosecuting
attorney.

5. “Don’t ask, don’t tell,” the United States’ official policy on military service by gay men,
bisexuals, and lesbians, which had garnered the support of five federal Courts of Appeal,
was repealed in 2011 under President Barack Obama.
 In 2011, President Barack Obama repealed the United States’ official policy on military
service by gay men, bisexuals, and lesbians, which had garnered the support of five federal
Courts of Appeal.

6. My cousin, furious after finding out that her fiancé had cheated early in their relationship,
called off the wedding and flushed her engagement ring down the toilet.
My cousin called off the wedding and flushed her engagement ring down the toilet after
finding out that her fiancé had cheated early in their relationship.

G. Commas
A comma separates introductory elements from the main part of the sentence. The introductory element can
be a word, phrase, or clause about then, where, how, or why the action in the sentence occurs. Without a comma after
an introductory clause, the sentence might confuse the reader. If there’s no possibility that the reader will misread the
sentence, an introductory comma can be omitted after a short adverb clause or phrase.

A comma must precede a coordinating conjunction connecting two or more independent clauses. The seven
coordinating junctions are and, but, for, nor, or. so and yet. If independent clauses are present, use commas. If the
clauses are short, don’t use a comma. Using a comma between two independent clauses, rather than a coordinating
conjunction (known as a comma splice), results in a run-on sentence.

Use a comma when there’s a non-restrictive element. A nonrestrictive element is a word group that doesn’t
limit or restrict the meaning of the noun or pronoun it modifies. Because nonrestrictive elements are nonessential to
the meaning of the sentence, the commas will denote that to the readers. If the element is restrictive, then its’s essential
to the meaning of the sentence, and there shouldn’t be a comma.

Legal writers best place transitional or interrupting words in the middle of a main clause using commas.
Examples of transition words are the conjunctive adverbs however and therefore.

Rewrite the following sentences:

1. I finished the brief early yet I decided to stay at work late until I finished other assignments.
I finished the brief early, yet I decided to stay at work late until I finished other assignments.

2. He seemed reluctant to accept the plea, but, decided to do so.

He seemed reluctant to accept the plea but decided to do so.

3. A large portion of the internship like the field of law is writing.

A large portion of the internship, like the field of law, is writing.

4. Using the negotiation skills she learned in law school Ms. Miller negotiated a good
settlement for her client.
Using the negotiation skills she learned in law school, Ms. Miller negotiated a good
settlement for her client.

5. The court officer addressed the witness on the witness stand: “If you need water sir just
ask.”
The court officer addressed the witness on the witness stand: “If you need water sir, just
ask.”

6. The jurors don’t realize exactly, how important their work is to the administration of justice.
The jurors don’t realize exactly how important their work is to the administration of justice.

H. Negative

Sentences written in the negative might appear acceptable, and there’s nothing grammatically incorrect with them.
But they aren’t preferred. It’s always better to write in the positive. It looks and sounds better, and it’s easier to
understand. Avoid negative prefixes or suffixes “dis,” “ex,” “ill,” “ir,” “-less,” “mis,” “un,” and “non.” Eliminate
negative combinations: “never unless,” “none unless,” “not ever,” and “rarely ever.” Negative words to exclude
from your writing include “barely,” “except,” “hardly,” “neither,” “not,” “never,” “nor”, “provided that,” and
“unless.”
Exercises: Negative

Rewrite the following sentences:

1. There was barely any evidence in this case except for witness testimony.
The evidence in this case is the witness testimony.

2. The plaintiff’s injuries weren’t major.

The plaintiff’s injuries were minor.

3. No juror will be placed on a panel if neither the defense nor the prosecution don’t object.
Juror will be placed on a panel if either the defense or the prosecution object.

I. Metadiscourse

Metadiscourse is writing about your writing. A phrase like “for all intents and purposes” is metadiscourse; it takes
up space without adding anything substantive. Omit these phrases. Other examples of metadiscourse: “the fact of the
matter is,” “it is submitted that,” and “as a matter of fact.”

Exercises: Metadiscourse

Rewrite the following sentences:

1. The defense attorney concluded, “The fact of the matter is that at the time of the crime, my
client was at home with his grandma.”
The defense attorney concluded, “That at the time of the crime, my client was at home with
his grandma.”

2. It’s come to our attention that only the defendant breached the contract.
Only the defendant breached the contract.

3. The point I’m trying to make is that the defendant is entitled to summary judgment.
The defendant is entitled to summary judgment.

J. Gender Neutrality

Gender neutrality in writing is a relatively new, and important, phenomenon. Not only is sexist writing
offensive, but it focuses the reader on style rather than content. There’re four ways to rephrase gendered language.
The first is to use plural forms, which allow you to replace “he” and “she” with “they.” Example: “If he doesn’t
appear in court, the trial will still go forward.” Becomes “If they don’t appear in court, the trial will still go forward.”
The second is to eliminate the pronoun,; that might require you to rearrange the sentence. Example: “He who isn’t a
morning person should find a different line for work.” The third is to repeat the noun. Example: “A court officer will
escort you to the jury room. The officer will do so once all the jurors are assembled.” The fourth is to use a second-
person pronoun like “you,” “your,” or “yours.” Example: “She who has patience should work in Family Court.”
Becomes “If you have patience, you should work in Family Court.”

Another way to be gender neutral is to use “person” rather than “man” and “woman.” Rather than using
“policeman,” “chairman,” “mailman,” “stewardess,” and “fireman,” use “police officer,” “chair,” “letter carrier,”
“flight attendant,” and “firefighter”.” If you see the suffices “-man,” or “-ess,” delete them. If you see masculine
terms using the word “man,” delete them. Use “one” to make the sentence gender neutral. Example: “To boldly go
where no one has gone before.” Use gender-neutral parallel language: If you use “man,” use “woman.” If you use
“husband,” use “wife.” Make your subject agree with their predicates. Avoid the inelegant “he or she,” “s/he,” or
alternating between “he” and “she.”

Exercises: Gender Neutrality

Rewrite the following sentences:

1. He who’s comfortable speaking in public should be a litigator.
If you are comfortable speaking in public, you should be a litigator.

2. Ben did what any man would have done: he told the truth.
Ben did what any person would have done: he told the truth.

3. The man and wife robbed banks across the country.

The man and woman robbed banks across the country.

K. Legalese

Writing in legalese is a poor form of writing. Not only are legalisms confusing, but they also have meanings you
don’t fully grasp. Write in place English using simple and common Anglo-Saxon words. Writing in plain English is
formal and proper; avoid conversational English. Eliminate words like “aforementioned,” “henceforth,”
“hereinabove,” “whereby,” and “said.” If you aren’t sure whether a word is legalese, ask yourself whether you’d say
it in a formal speech. Because writing is planned, formal speech, you shouldn’t write it if you wouldn’t say it. Use
legal terms only when necessary for terms of art or words that can’t be translated into plan English.

Exercises: Legalese

Rewrite the following sentences:

1. Enclosed herewith is my application for the position of Associate Attorney.

Enclosed is my application for the position of Associate Attorney.

2. Pursuant to CPLR 3211(a), Mr. Erikson has no standing to sue.

According to CPLR 3211(a), Mr. Erikson has no standing to sue.

3. As stated heretofore, the police had insufficient evidence to arrest the defendant.
As stated, the police had insufficient evidence to arrest the defendant.

L. Cowardly Qualifiers

Eliminate doubtful, hedged, timid, and misleading phrases and words: “apparently,” “as far as I’m concerned,”
“basically,” “practically,” “it might be said,” “it seems,” “more or less,” “nearly,” and “somewhat.” Don’t combine
letters and numbers. Example: “four (4).” Eliminate cowardly expressions: “at or near,” “on or about,” and “on or
before.” These expressions should be used only when writing a complaint and the exact places or times are
unknown. When discussing an exception to a rule rather than the rule, use “generally,” “typically,” and “usually.”
Example: “Generally, we only allow customers to use the restrooms. But your emergency situation is an exception.”

Exercises: Cowardly Qualifiers

Rewrite the following sentences. You might have to add words to make the sentence readable.

1. It appears that the plaintiff had back injuries before the accident.
The plaintiff had back injuries before the accident.

2. Seven (7) college students were arrested on hazing charges.

Seven college students were arrested on hazing charges.

3. The judge seems to question whether the plaintiff is telling the truth about what happened the
night of the accident.
The judge wonders whether the plaintiff is telling the truth about what happened the night of
the accident.

M. Professional Tone

When writing, you get to choose which tone you’ll use. This decision is important because your tone is what evokes
emotion and reaction from your readers. Because legal writing is formal, avoid casual, impertinent, and joking tones.
Keep your sentences short. Short sentences are businesslike and to the point. To avoid seeming biased, use objective
language whenever possible. When conveying thoughts on a matter or person, remember that a true statement
needn’t contain disparaging or otherwise offensive language. Avoid biased modifiers and conclusions. Don’t tell;
show. Don’t just write something. Set out the facts that show why you’re right. Cut your adjectives and adverts.
Understate; never exaggerate.

Exercises: Professional Tone

Rewrite the following sentences:

1. The egregious crime in question was committed a year ago today.

The crime in question was committed a year ago today.

2. Anyone can see that Mr. Lewis fired her because of his biased views.
Mr. Lewis fired her because of his views.

3. Pursuant to CPLR 3211(a), plaintiff has no standing to sue.

The plaintiff has no standing to sue.

N. Absolutes and Adverbial Excesses

Avoid using absolutes like always or never. These words are rarely accurate. Avoid adverbial excesses, too. Legal
writers often use words like certainly, clearly, and undoubtedly in place of a strong argument. Why is a statement
clear? What makes a statement incontrovertible? If you have answers to these two questions, you should explain
them. Although concision is key, don’t use an adverbial excess to save words. If you don’t explain yourself
thoroughly, your readers will begin to doubt the strength of your arguments and the veracity of y our claims.

Exercises: Absolutes and Adverbial Excesses

Rewrite the following sentences:

1. The witness’s testimony does not coincide entirely with the facts. He’s clearly lying.
The witness’s testimony does not coincide with the facts. He’s lying.

2. The fact that Ms. Daniels has stolen once before from Macy’s proves she’s a kleptomaniac.

3. The court attorney always reads the calendar in court on Wednesday mornings.
The court attorney reads the calendar in court on Wednesday mornings.

O. Specificity

Concision is key, but legal writers should never sacrifice specificity for brevity. In legal writing, specificity is more
important than concision. Just as ambiguity in a contract benefits the party that didn’t draft the contract, ambiguity
in legal writing benefits adversaries. The law is precise; there should be no room for possible misinterpretations or
misunderstandings. Be precise. Repeat sentence subject if you must. When in doubt, specify. Don’t use vague
pronouns or referents like it unless the pronoun or referent refers to one thing only. Choose the words that convey
the precise meaning you intend. Settle for nothing less than accuracy, clarity, and precision. Here are some tips to do
this:

 Use adjectives to clarify nouns, especially if the noun can refer to more than one person, place, or thing.
 Use demonstrative adjectives (that, these, such, etc.) instead of articles (the).
 Remove unnecessary qualifiers from your sentences.

Exercises: Specificity

Rewrite the following sentences.

1. The bill doesn’t have bipartisan support.

The bill does not have bipartisan support.
2. The bananas don’t look ripe yet.
The bananas are unripe yet.

3. The lawyer seems pretty competent.

The lawyer looks competent.

P. Parallelism

Parallelism requires all elements in a list or a sentence to be presented in a similar – or parallel fashion. By using the
same or similar grammatical form for coordinated elements, parallelism makes the content of a sentence apparent
and accessible. (“Similar grammatical form” means that nouns are matched with other nouns, verbs are matched
with other verbs, prepositional phrases with other prepositional phrases, and so on. Coordinated elements include
“and,” “but,” “or,” “nor,” and so on.) match key words in each sentence. Coordinating conjunctions, correlative
conjunctions (such as either/or, neither/nor, both/and, not only/but also), and comparisons should also be parallel.

Exercises: Parallelism

Rewrite the following sentences.

1. The validity of the waiver of Miranda rights is determined if the waiver was willing, the
defendant knew what he was doing, and intelligence.
The validity of the waiver of Miranda rights is determined if the waiver of the defendant is
with willingness, awareness and intelligence.

2. The defendant stated that on the day of the alleged crime he was washing his car, mowed his
lawn, and his grandma was hungry so he fed her.
The defendant stated that on the day of the alleged crime he washed his car, mowed his lawn,
and fed his grandma.

3. A defense lawyer with over fifty years’ experience and who is respected in the court system
suddenly passed away.
A defense lawyer, with over fifty years’ experience and who is respected in the court system,
suddenly passed away.

Q. Usage and Placement of Transition Words

You can’t eliminate transition words entirely, but you shouldn’t use a transition at the beginning of a sentence
unless you want to be dramatic or emphatic. Sometimes it’s counterintuitive to use transitions at the end of your
sentences. Doing do emphasizes the transitions and forces readers to look back to earlier sentences. If drama.
Emphasis, or contrast is not desired, place the transition after the subject, in the first part of the sentence. There’s a
difference between “Although Paul’s always late, he’s a good worker” and “Although Paul’s a good worker, he’s
always late.” The meaning of this sentence depends on the emphasis of the transition word although.

Don’t be afraid to begin sentences with “and” or “but.” But don’t start every sentence with them. The rules
of plain speaking and plain writing provide that it’s better to begin a sentence with “and” or “but” than with “and” or
“but” is formal enough for the front page of the New York Times and the Wall Street Journal, it’s formal enough for
legal writing.

The best writing repeats key words, name, phrases, and concepts but doesn’t repeat transition words. When
possible, eliminate transition words altogether. If the logic that moves your ideas forward is sound, your readers will
connect the thoughts without needing transitional devices like furthermore, however, moreover, and therefore. (If the
transition word can’t be eliminated completely, put a conjunctive adverb a third into the sentence.) To ensure that your
ideas are being developed soundly, move sentences from short to long, from simple to complex, and from old to new,
ending with power and climax. Include a topic sentence – a sentence that clearly states what you’ll be discussing in
the paragraph. And include a roadmap, or theses, paragraph at the start of each point. Roadmaps tell your readers
what’s being discussed, what you’re arguing, and in which paragraph(s) of your brief they can find the information
they desire or need.

Exercises: Usage and Placement of Transition Words

 Read the paragraphs below and edit them by using the transition usage and placement
rules to create a new, better paragraph.

On July 4, 2015, New York City native Joshua Brandt, along with his seven-year old daughter, Carly, was at
his neighbor’s house celebrating Independence Day by setting off fireworks. First, they began with small-scale
fireworks, such as sparklers, pop-rocks, and tanks. Afterward, they moved onto larger fireworks, like Roman candles
and cakes. Presumably because shooting off fireworks as a private resident has been illegal in New York for decades,
the group was setting them off in the backyard. However, the backyard was small and no one was able to put much
space between them and the explosives. Consequently, everyone present was at risk of getting burned. Regrettably,
Carly was helping her neighbor set off a Roman candle firework when it exploded prematurely. Carly and her
neighbor, forty-year-old Dominic Amato, were both injured in the blast. All things considered, they got off easy, but
both had to be hospitalized afterward. Amato sustained first-degree burns on his abdomen, and Carly suffered second-
degree burns to her face and chest. Ultimately, Amato was arrested for possessing illegal fireworks. Also, Brandt was
arrested, but his charges were dropped. However, he has since brought a lawsuit against Amato, alleging that Amato
is responsible for Carly’s injuries and that he should therefore pay for damages.

Instructions:

1. Change the placement of the transition word in Sentence #2..

First, they began with small-scale fireworks, such as sparklers, pop-rocks, and tanks.
2. Combine Sentence #2 with Sentence #3 to eliminate the transition word in Sentence #3..
First, they began with small-scale fireworks, such as sparklers, pop-rocks, and tanks.
Afterward, they moved onto larger fireworks, like Roman candles and cakes.
3. Replace the transition word in Sentence #4 with another word.
Presumably because shooting off fireworks as a private resident has been illegal in New York
for decades, the group was setting them off in the backyard.

R. Quotations

It’s bad form to begin sentences or paragraphs with quotations. When you quote, give context; a good lead-in to
your quotation guides readers into the quotation and tells them what they should look for. Quote only what’s
essential and what you can’t say better than authoritative sources. And make sure you use quotation marks when
quoting someone or something directly. It’s plagiarism if you don’t, but scholarship if you do.

All edits, alterations, additions, and deletions need to be evident. Use brackets or ellipses to show changes. A
bracket is used when you change the capitalization of the first letter of a quoted word, to add a word to the
quotation, or to alter a work. A three-dot ellipsis is used to show omissions in the middle of a sentence of
punctuation or of one of more words. A four-dot ellipsis is used to omit the last part of a quoted sentence, provided
that the omitted section isn’t a citation, footnote, or endnote and that the remaining portion is an independent clause.

Use double quotation marks to open and close a quotation: “xx.” Add and close a quotation within a
quotation with a single quotation mark: “xx ‘yy’ xx.” Or: “xx ‘yy.’”

Don’t use quotation marks around block quotations – quotations of 50 words or more. A quotation that long
should be blocked: single-spaced, indented left and right, with citation on the line after the quotation ends, and
without quotation marks (unless there’s a quotation within a quotation). Note that New York courts add the citation
on the same line as the quotation and require that quotation marks surround the quotation.

Question marks, exclamation points, and dashes should be placed within the quotation only if they’re part
of the original quotation. If they’re not, they go after the quotation mark. All periods and commas are correctly
placed in U.S. style inside the quotation marks. Colons, semicolons, and footnote or endnote numbers are correctly
placed outside the quotation mark.

Exercises: Quotations

Rewrite the following sentences:

1. Did you or did you not testify to the following: “Samuel wasn’t at work between 12 p.m. and 2
p.m.?”
 Did you or did you not testify to the following: “Samuel wasn’t at work between 12 p.m. and 2
p.m.”?

2. A brief contains the following:

“Defendants’ motion to dismiss under CPLR 3211 (a) (5) on the basis of collateral estoppel should
be denied. For collateral estoppel – issue preclusion – to apply, the following requirements are
necessary: “There must be an identity of issue which has necessarily been decided in the prior
action and is decisive of the present action, and, second, there must have been a full and fair
opportunity to contest the decision now said to be controlling.’ (Schwartz v Public Adm’r of Bronx
County. 24 NY2d 65, 71 [1969].)”

A brief contains the following:

“Defendants’ motion to dismiss under CPLR 3211 (a) (5) on the basis of collateral estoppel should
be denied. For collateral estoppel – issue preclusion – to apply, the following requirements are
necessary: ‘There must be an identity of issue which has necessarily been decided in the prior
action and is decisive of the present action, and, second, there must have been a full and fair
opportunity to contest the decision now said to be controlling.’ (Schwartz v Public Adm’r of Bronx
County. 24 NY2d 65, 71 [1969].)”

3. “The defendant is sick;” the attorney said, “therefore, he will not be present today.”
The attorney said, “The defendant is sick, therefore, he will not be present today.”

S. Hyphens

Hyphenate between compound adjectives immediately before a noun. Don’t hyphenate if the compound adjective
appears after the noun. Commonly used compound adjectives don’t need to be hyphenated. Hyphenate after “well”
if it’s used in an adjectival phrase. You can still hyphenate after “well” even if it isn’t used in an adjectival phrase
but the phrase wouldn’t mean the same thing if it’s flipped around.

Hyphenate when using the prefixes or suffixes all, ex, quasi, and self. Don’t hyphenate “self” when it’s added to a
suffix, and don’t hyphenate an adverb or adjective ending in –ly. In addition, if you add a prefix or letters to the
beginning of a word without a hyphen, you’ll confuse your reader. There’s a major difference in meaning between
“pre-judicial” and “prejudicial.” Example: “Plaintiff moved for summary judgment.” Becomes “Before the court is
plaintiff’s summary-judgment motion.” Rephrasing the sentence makes the sentence clearer.

Hyphenate when you spell any two-word number greater than 20 but lower than 100. Example: “The attorney has
twenty three witnesses who place the defendant at the scene of the crime.” Becomes: “The attorney has twenty-three
witnesses who place the defendant at the scene of the crime.” (This issue won’t come up if you prefer to write “23,”
not ‘twenty-three.”)

Exercises: Hyphens

Rewrite the following sentences:

1. A chocolate covered brownie is in the refrigerator.

A chocolate-covered brownie is in the refrigerator.

2. The victim acted in self defense.

The victim acted in self-defense.

3. John needs Sam to resign the document.

John needs Sam to re-sign the document.

T. Periods, Exclamation Points, and Question Marks

 Periods are placed at the ends of declarative sentences, mild commands, and indirect questions. If a
sentence ends with an abbreviation, use only one period. Abbreviated titles should always have a period.

Use exclamation points only when trying to convey strong emotions or surprise. When used properly,
exclamation points represent meanings and tones that can’t be expressed with a period.

Legal writing doesn’t contain many question marks. Unless you want to use them as a rhetorical device, use
a question marks only at the end of a direct question. When making a polite request or a command, don’t use a
question mark. If a sentence begins with “whether,” don’t use a question mark. When you have a series of questions,
even if they aren’t separate sentences, they should contain question marks. Whether the first letter of a sentence is
capitalized depends on the preceding punctuation. Rhetorical questions should end with a question mark.

Exercises: Periods, Question Marks and Exclamation Points

Rewrite the following sentences:

1. The client asked the attorney whether they can settle the case by Friday?
The client asked the attorney whether they can settle the case by Friday.

2. The jurors confront a difficult choice: should they convict on all counts, should they convict
on some counts, or should they acquit?
The jurors confront a difficult choice: should they convict on all counts? Should they convict
on some counts? Or should they acquit?

3. The jury reached a verdict at 4:15 p.m..

The jury reached a verdict at 4:15 p.m.