Legal writing in plain English Garner

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Платформата не носи отговорност за авторските права и съдържанието на споделените в нея учебни материали. Ако споделен учебен материал нарушава Вашите авторски права се свържете с нас.

CONTENTS
Preface xiii Introduction xvii
 
part one: Principles for All Legal Writing i
 
1. Framing Your Thoughts 3
 
§ 1. Have something to say—and think it through. 3
 
§ 2. For maximal efficiency plan your writing projects. Try nonlinear outlining. 5
 
§ 3. Order your material in a logical sequence. Use chronology when presenting facts. Keep related material together. 10 § 4. Divide the document into sections, and divide sections into smaller parts as needed. Use informative headings for the sections and subsections. 14
 
2. Phrasing Your Sentences 17
 
§ 5. Omit needless words. 17
 
§ 6. Keep your average sentence length to about 20 words. 19 § 7. Keep the subject, the verb, and the object together—toward the beginning of the sentence. 23 § 8. Prefer the active voice over the passive. 24 § 9. Use parallel phrasing for parallel ideas. 28 § 10. Avoid multiple negatives. 30 §11. End sentences emphatically. 31
 
3. Choosing Your Words 34
 
§12. Learn to detest simplifiable jargon. 34
 
§ 13. Use strong, precise verbs. Minimize is, are, was, and were, 37 § 14. Turn -ion words into verbs when you can. 38 § 15. Simplify wordy phrases. Watch out for of. 40 § 16. Avoid doublets and triplets. 43 § 17. Refer to people and companies by name. 44 § 18. Don't habitually use parenthetical shorthand names. Use them only when you really need them. 45 § 19. Shun newfangled acronyms. 47 § 20. Make everything you write speakable. 48

 

part two: Principles Mainly for Analytical

and Persuasive Writing 53

§ 21. Plan all three parts: the beginning, the middle, and

the end. 55

3 22. Use the "deep issue" to spill the beans on the first page. 58 § 23. Summarize. Don't overparticularize. 62 § 24. Introduce each paragraph with a topic sentence. 65 § 25. Bridge between paragraphs. 67 § 26. Yury the length of your paragraphs, but generally keep them short. 72

§ 27. Provide signposts along the way. 75

§ 28. Unclutter the text by moving citations into footnotes. 77 § 29. Weave quotations deftly into your narrative. 83 § 30. Be forthright in dealing with counterarguments. 85

tart three: Principles Mainly for Legal Drafting 89

8 31. Draft for an ordinary reader, not for a mythical judge who might someday review the document. 91 § 32. Organize provisions in order of descending importance. 93 § 33. Minimize definitions. If you have more than just a few, put them m a schedule at the end—not at the beginning. 97 § 34. Break down enumerations into parallel provisions. Put every list of subparts at the end of the sentence—never at the beginning or in the middle. 100 8 35. Delete every shall. 105 § 36. Don't use provisos. 107 §37. Replace and/or wherever it appears. 112 § 38. Prefer the singular over the plural. 114 § 39. Prefer numerals, not words, to denote amounts. Avoid word-numeral doublets. 115

§ 40. If you don't understand a form provision—or don't understand why it should be included m your document—try diligently to gain that understanding. If you still can't understand it,

cut it. 117

part four: Principles for Document Design 121

§ 41. Use a readable typeface. 123

8 42. Create ample white space—and use it meaningfully. 124 § 43. Highlight ideas with attention-getters such as bullets. 125 §44. Don't use all capitals, and avoid initial capitals. 126 § 45. For a long document, make a table of contents. 127

part five: Methods for Continued Improvement 135

§ 46. Embrace constructive criticism. 137 § 47. Edit yourself systematically. 138

§ 48. Learn how to find reliable answers to questions of grammar

 

§ 49. Habitually gauge your own readerly likes and dislikes, as well as those of other readers. 143
 
§ 50. Remember that good writing makes the reader's job easy; bad writing makes it hard. 145
 
Appendix A How to Punctuate 147 Appendix B Four Model Documents 164
 
1. Research Memorandum 165
 
2. Motion 173
 
3. Appellate Brief 182
 
4. Contract 196
 
Key to Basic Exercises 207 Index 223

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