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University of Michigan Law School

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Legal Writing and Research

Logic

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Some Examples Of Using Legal Relations Language In The Legal Domain: Applied Deontic Logic, Layman E. Allen Jan 1998

Some Examples Of Using Legal Relations Language In The Legal Domain: Applied Deontic Logic, Layman E. Allen

Articles

The fundamental concept of the LEGAL RELATIONS Language (LRL) is the recursively-defined notion of LEGAL RELATION (LR). As LR is defined here, there is an infinite number of different LEGAL RELATIONS, and LRL is a language for precisely and completely describing each of those infinite number of dfferent LEGAL RELATIONS. With its robust collection of dfferent names, one for each of the different LEGAL RELATIONS, LRL provides adequate vocabulary for (1) describing every possible legal state of affairs, (2) accounting for every possible change from one legal state of affairs to another, (3) representing every possible legal rule, and (4) …


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 Jan 1994

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 …


One Use Of Computerized Instructional Gaming In Legal Education: To Better Understand The Rich Logical Structure Of Legal Rules And Improve Legal Writing, Layman E. Allen, Charles S. Saxon Jan 1985

One Use Of Computerized Instructional Gaming In Legal Education: To Better Understand The Rich Logical Structure Of Legal Rules And Improve Legal Writing, Layman E. Allen, Charles S. Saxon

Articles

This article describes an innovation in legal education and speculates about its importance and effectiveness as an educational tool. The speculations about its potential use, however, are ones that each legal educator will be able to test individually to determine the effectiveness of this use of microcomputers to improve legal education. The computer software that permits the innovation to be used will be available to interested persons by the time that this article is published.


The Need For Clear Structure In 'Plain Language' Legal Drafting, Layman E. Allen, C. Rudy Engholm Jan 1980

The Need For Clear Structure In 'Plain Language' Legal Drafting, Layman E. Allen, C. Rudy Engholm

Articles

Language is not simple. To pretend otherwise is to mislead. In practice the aspect that is handled most ineptly in written legal materials is the structure. The focus of this article is upon structure and how to improve it. At the outset, let one thing be absolutely clear. In seeking to achieve clarity of expression, those who have no more to recommend than short sentences, simple words, and readability formulas are offering a cracker in circumstances where a full gourmet feast is gleaming in the chef's eye for those with the wit but to ask for the menu. To practice …


Normalized Legal Drafting And The Query Method, Layman E. Allen, C. Rudy Engholm Jan 1978

Normalized Legal Drafting And The Query Method, Layman E. Allen, C. Rudy Engholm

Articles

Normalized legal drafting is a mode of expressing ideas in statutes, regulations, contracts, and other legal documents in such a way that the syntax that relates the constituent propositions is simplified and standardized. This "normalization" results in documents that are easier to understand in the dual sense that they can be read faster and more accurately than corresponding documents that are not normalized. The query method is a technique for familiarizing learners with normalized drafting and providing practice in some of the easier aspects of doing it.


Formalizing Hohfeldian Analysis To Clarify The Multiple Senses Of 'Legal Right': A Powerful Lens For The Electronic Age, Layman E. Allen Jan 1974

Formalizing Hohfeldian Analysis To Clarify The Multiple Senses Of 'Legal Right': A Powerful Lens For The Electronic Age, Layman E. Allen

Articles

Careful communication is frequently of central importance in law. The language used to communicate even with oneself in private thought profoundly influences the quality of that effort; but when one attempts to transmit an idea to another, language assumes even greater significance because of the possibilities for enormously distorting the idea. Word skill is to be prized.


A Language-Normalization Approach To Information Retrieval In Law, Layman E. Allen Jan 1968

A Language-Normalization Approach To Information Retrieval In Law, Layman E. Allen

Articles

An information retrieval system (as distinguished from a document retrieval system) is described for handling statute-oriented legal literature. The Normalized Sentence-Index Matrix (N-SIM) system suggested differs from more traditional retrieval systems for legal literature in three respects: (1) the categories used for classification are normalized versions of sentences from statutes, regulations, treaties, constitutions, case opinions, legal treatises, law review articles, and other documents in legal literature, (2) the classification system is hierarchial and open-ended to evolve with the literature through time, and (3) the organization of the file facilitates some analysis of the literature by computer. A sentence is expressed …


Symbolic Logic: A Razor-Edged Tool For Drafting And Interpreting Legal Documents, Layman E. Allen Jan 1957

Symbolic Logic: A Razor-Edged Tool For Drafting And Interpreting Legal Documents, Layman E. Allen

Articles

A large amount of the litigation based on written instruments-whether statute, contract, will, conveyance or regulation-can be traced to the draftsman's failure to convey his meaning clearly. Frequently, of course, certain items may purposely be left ambiguous, but often the question in issue is due to an inadvertent ambiguity that could have been avoided had the draftsman clearly expressed what he intended to say. In this Article it is suggested that a new approach to drafting, using certain elementary notions of symbolic logic, can go a long way towards eliminating such inadvertent ambiguity. This new approach makes available to draftsmen …