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Articles 1 - 9 of 9
Full-Text Articles in Law
Gratifying Rules Of Grammar, K.K. Duvivier
Gratifying Rules Of Grammar, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
No abstract: rules of grammar in list form
A Thousand Probabilities, K.K. Duvivier
A Thousand Probabilities, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The July Scrivener column addressed the use of intensifiers, words such as “very” and “really” that are used to amplify a concept. This month’s column addresses words at the other end of the spectrum—qualifiers, such as “probably” and “possibly,” that are used to limit a point.
The Lady Doth Protest Too Much, Methinks!, K.K. Duvivier
The Lady Doth Protest Too Much, Methinks!, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
When we speak face-to-face with someone, we communicate on several different levels. Our face and body can communicate a different message from that of our voice. Thus the body language of a tight jaw and stiffly crossed arms belies a statement that one is relaxed. Similarly, voice inflection can conflict with spoken words. The impact of such incongruity mayb e intended irony or jest, or the impact may be confusion.
A False Economy, K.K. Duvivier
A False Economy, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Pause before you next decide to save some space in your brief or contract by defining a term with an acronym. Certainly, if you use only the initial letters of words, whole phrases can be distilled into one new word. Yet acronyms should be used sparingly in legal writing because this economy of ink is rarely an economy of thought.
Cease And Desist, K.K. Duvivier
Cease And Desist, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
One characteristic of legal writing, parodied in the caricature above, is the use of multiple words when one word might suffice. This column first explores how the practice of pairing synonyms or stringing together alternatives originated. Next, it tells when to cut back on such repetition.
Integrating Legal Writing Into Civil Procedure, Douglas E. Abrams
Integrating Legal Writing Into Civil Procedure, Douglas E. Abrams
Faculty Publications
Law teachers increasingly recognize that practical skills training deserves a place in traditional courses throughout the curriculum.' The literature regularly reports proposals to integrate practical skills components into both first-year and upperclass courses. The array of skills includes mediation, negotiation, interviewing and counseling, writing and drafting, case management, and advocacy
Are You Practicing An Uninformed System Of Citation?, K.K. Duvivier
Are You Practicing An Uninformed System Of Citation?, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
An important—but sometimes annoying—component of legal writing is citation to controlling authority. Through citation, we should provide our readers with recognizable and accurate references to the sources that form the basis of our legal analyses. The fundamental sources of controlling Colorado law are the Colorado statutes, session laws, rules of procedure, jury instructions and cases. Although The Bluebook forms for these sources are recognizable, they are rarely used in the Colorado courts.
Writing Like A Lawyer, John D. Feerick
Writing Like A Lawyer, John D. Feerick
Fordham Urban Law Journal
There is a problem of bad legal writing – one that is far more serious than we recognize or are willing to admit. The causes include insufficient education in good writing, carelessness, faulty thinking and reasoning, a failure to appreciate the potential and impact of legal language, an unwillingness to risk new language, and an inability or failure to make the time commitment required for good legal writing. First, at the law school level, legal writing must be given greater emphasis. If our programs are not able to deal with poor command of language, grammar, and syntax, perhaps we must …
Controlling Inadvertent Ambiguity In The Logical Structure Of Legal Drafting By Means Of The Prescribed Definitions Of The A-Hohfeld Structural Language, Layman E. Allen, Charles S. Saxon
Controlling Inadvertent Ambiguity In The Logical Structure Of Legal Drafting By Means Of The Prescribed Definitions Of The A-Hohfeld Structural Language, Layman E. Allen, Charles S. Saxon
Articles
Two principal sources of imprecision in legal drafting (vagueness and ambiguity) are identified and illustrated. Virtually all of the ambiguity imprecision encountered in legal discourse is ambiguity in the language used to express logical structure, and virtually all of· the imprecision resulting is inadvertent. On the other hand, the imprecision encountered in legal writing that results from vagueness is frequently, if not most often, included there deliberately; the drafter has considered it and decided that the vague language· best accomplishes the purpose at hand. This paper focuses on the use of some defined terminology for minimizing inadvertent ambiguity in the …