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英文版电子书《法律英语第2版Legal English 2 edition》Rupert Haigh

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内容提示: 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 1Page 1colour1Page 1Page 1colour1BlackBlackLegal EnglishRupert Haigh is managing partner of Forum Legal Language Services 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 2Page 2colour1Page 2Page 2colour1BlackBlack 15: 19: 25: 02: 0915: 19: 25: 02: 09Page 3Page 3colour1Page 3Page 3colour1BlackBlackLegal EnglishSecond EditionRUPERT HAIGH 15: 20: 25: 02: 0915: 20: 25: 02: 09Page 4Page 4colour1Page 4Page 4colour1BlackBlackSecond edition published 2009 by Routledge-Ca...

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10: 58: 20: 02: 0910: 58: 20: 02: 09Page 1Page 1colour1Page 1Page 1colour1BlackBlackLegal EnglishRupert Haigh is managing partner of Forum Legal Language Services 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 2Page 2colour1Page 2Page 2colour1BlackBlack 15: 19: 25: 02: 0915: 19: 25: 02: 09Page 3Page 3colour1Page 3Page 3colour1BlackBlackLegal EnglishSecond EditionRUPERT HAIGH 15: 20: 25: 02: 0915: 20: 25: 02: 09Page 4Page 4colour1Page 4Page 4colour1BlackBlackSecond edition published 2009 by Routledge-Cavendish2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RNSimultaneously published in the USA and Canadaby Routledge-Cavendish270 Madison Avenue, New York, NY 10016Routledge-Cavendish is an imprint of the Taylor & Francis Group, an informa business© 2004, 2009 Rupert HaighPrevious editions published by Cavendish Publishing LimitedFirst edition 2004All rights reserved. No part of this book may be reprinted or reproduced or utilisedin any form or by any electronic, mechanical, or other means, now known or hereafterinvented, including photocopying and recording, or in any information storage orretrieval system, without permission in writing from the publishers.British Library Cataloguing in Publication DataA catalogue record for this book is available from the British LibraryLibrary of Congress Cataloging in Publication DataHaigh, Rupert.Legal English / Rupert Haigh. – 2nd ed.p. cm.1. Legal composition.4. English language – Usage.I. Title.K94.H35 2009340′.14 – dc222. Law – Terminology.5. English language – Business English.3. Law – Language.2008036956ISBN10: 0–415–48715–3ISBN13: 978–0–415–48715–3This edition published in the Taylor & Francis e-Library, 2009.To purchase your own copy of this or any of Taylor & Francis or Routledge’scollection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.ISBN 0-203-87796-9 Master e-book ISBN 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 5Page 5colour1Page 5Page 5colour1BlackBlackvContentsPrefacexi1Introduction to legal English1.1The development of modern English1.2Sources of legal English1.3What makes English difficult?1.4What makes legal language difficult?112232Elements of legal writing2.1Articles2.2Prepositions2.3Pronouns2.4Adjectives2.5Adverbs2.6Collective nouns2.7Uncountable nouns2.8Past tenses2.9Verb forms2.10Phrasal verbs2.11Negatives2.12Sentence structure2.13Relative pronouns6678101112131415172021233Punctuation for legal writing3.1General points3.2Punctuation marks2525254Basic standards of legal writing4.1Dates4.2Numbers4.3Citations4.4Terminology and linguistic peculiarities4.5Abbreviations4.6Business buzzwords323232333342445Elements of good style: clarity, consistency, effectiveness5.1General considerations5.2Clarity5.3Consistency46464758 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 6Page 6colour1Page 6Page 6colour1BlackBlack5.45.5EffectivenessExamples of bad style and analysis60626What to avoid6.1Ambiguity6.2Sexist language6.3Constantly litigated words6.4False word pairs6.5Problem words6767687172727British and American English7.1Differences in language-use conventions7.2Vocabulary7.3Differences related to cultural values767678838Contracts: performance, termination and remedies8.1Performance of contracts8.2Termination of contracts8.3Remedies858586879Contracts: structure and interpretation9.1Structure of contracts9.2Principles of interpretation91919410Contract clauses: types and specimen clauses10.1Overview10.2Definitions10.3Main commercial provisions10.4Secondary commercial provisions10.5Boilerplate clauses9898989910811311Drafting legal documents: language and structure11.1Operative language11.2Troubleshooting issues11.3Drafting exemption clauses11.4Structuring a clause11.5Layout and design11.6Checklist11.7Contract comprehension exercises11.8Specimen contract (NDA)11911912212412612712712913512Correspondence and memoranda12.1Letter-writing conventions12.2Letter-writing style138138140Contentsvi 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 7Page 7colour1Page 7Page 7colour1BlackBlack12.312.412.512.612.7Specimen letterEmailsLanguage for letters and emailsChecklistMemoranda14314414615015313Applying for a legal position13.1How to apply13.2Specimen application letter13.3Application forms and CVs15815816116214Aspects of spoken English14.1Spoken and written English compared14.2Body language14.3Tone of voice14.4Emphasis14.5Techniques16516516616716816915Meeting, greeting and getting down to business15.1The opening phase15.2Establishing a basis for communication15.3Getting down to business15.4Small talk exercises17417417617817816Interviewing and advising16.1Overview16.2Preparation16.3Conduct of the interview16.4Language16.5Client interview transcript16.6Checklist18018018018118318819017Dealing with difficult people: 10-point guide17.1Empathise17.2Avoid defensiveness17.3Seek more information17.4Anger management17.5Do not be judgmental17.6Avoid unrealistic promises17.7Use human language17.8Set a realistic timetable for action17.9Deal with perceived irrelevance17.10 Avoid echoing the client192192192193193194195195196196196Contentsvii 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 8Page 8colour1Page 8Page 8colour1BlackBlack18Court advocacy18.1Structure of a civil trial18.2Examination-in-chief18.3Cross-examination18.4Re-examination18.5General points18.6Modes of address in court18.7Suggested language18.8Court hearing transcript19819819920020120120220320519Negotiation19.119.219.319.419.519.619.719.819.919.10208208211213214216220222230232235Negotiation styles and strategiesDifferences in negotiation language between USA and UKThe qualities of a good negotiatorPreparation: five-step planThe negotiation processNegotiation ploysSuggested languageKiller lines for negotiationsNegotiation transcript Checklist20Chairing a formal meeting20.1The role of the chair20.2Structure and language20.3Suggested language23723723723821Making a presentation21.1Preparation21.2Structure21.3Content21.4Language21.5What to avoid21.6Suggested language21.7Checklist21.8Presentation exercise24324324424524624724725025122Telephoning22.122.222.322.4253253253256257ConsiderationsSuggested languageLeaving a message on an answering machineMaking people speak more slowlyExercise answer key259Contentsviii 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 9Page 9colour1Page 9Page 9colour1BlackBlackGlossariesEasily confused wordsBusiness abbreviationsPhrasal verbs used in legal EnglishObscure words used in business contractsObscure phrases used in business contractsForeign terms used in lawLegal terminology277277281283293299304309About the authorIndex324325Contentsix 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 10Page 10colour1Page 10Page 10colour1BlackBlack 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 11Page 11colour1Page 11Page 11colour1BlackBlackxiPrefaceThis book is aimed at legal professionals, law students and other persons whoregularly deal with legal documents written in English. It constitutes a practicalreference and self-study resource, which will help you both understand Englishlegal language as it appears in contemporary written and oral contexts, and touse clear, accurate English in everyday legal and business situations. The book falls into three parts. The first part focuses on the key aspects of legalEnglish writing, and provides detailed coverage of the following areas:qIntroduction to legal EnglishElements of legal writingPunctuation for legal writingBasic standards of legal writingElements of good styleWhat to avoidBritish and American EnglishqqqqqqThe second part deals with the drafting of contracts and other legal documents,as well as letters, emails and memoranda. There is also a chapter on applying forlegal positions, which contains advice on the composition of CVs and applicationletters. The following areas are covered:qContracts: performance, termination and remediesContracts: structure and interpretationContract clauses: types and specimen clausesDrafting legal documents: language and structureCorrespondence and memorandaApplying for legal positionsqqqqqThe third part looks at the key areas in which English is used orally in legal practiceand how English usage can be tailored to achieve maximum effectiveness indifferent situations. Specific suggestions as to phrases that may be used incommonly encountered situations are given throughout this part of the book. The following areas are covered:qAspects of spoken EnglishMeeting, greeting and getting down to businessInterviewing and advisingDealing with difficult people: ten-point guideCourt advocacyNegotiationqqqqq 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 12Page 12colour1Page 12Page 12colour1BlackBlackqChairing a formal meetingMaking presentationsTelephoningqqThroughout the book, clear and concise explanations of different issues aresupported by practical examples. These range from specimen clauses, contractsand letters to transcripts of court hearings and client interviews. The book alsocontains no fewer than 35 separate self-study exercises, ranging from shortgap-filling exercises to more involved comprehension exercises. Answers arecontained in a key at the back of the book. In addition to these self-studyexercises, further resources, and study tools can be accessed in the CompanionWebsite at www.routledgelaw.com/books/companionwebsites and on theauthor’s materials website at www.legalenglishstore.com.In addition, the book includes extensive glossaries explaining the meaning of keylegal terminology.Rupert Haigh13 February 2009Prefacexii 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 1Page 1colour1Page 1Page 1colour1BlackBlack111.1Introduction to legal EnglishTHE DEVELOPMENT OF MODERN ENGLISHThe English language contains elements from many different European languagesand has also borrowed words from a wide variety of other languages. It isimpossible to grasp how these influences affect the language withoutunderstanding a little about the history of the British Isles.Prior to the Roman invasion in 55 BC, the inhabitants of Britain spoke a Celticdialect. Latin made little impression until St. Augustine arrived in AD 597 to spreadChristianity. Latin words are regularly used in English, particularly in professionallanguage. In the legal profession, Latin phrases like inter alia (among others) andper se (in itself) remain in current use.Subsequently, the Angles, Saxons and Jutes invaded the British Isles frommainland northern Europe. The language they brought with them forms thebasis of what is known as Old English. This gives us the 100 most commonly usedwords in the English language (words like God, man, woman, child, love, live, go,at, to).The Vikings began to raid the northeast of England from Scandinavia from theeighth century onwards. At a later date, a significant number of Vikings settled inthis area, bringing with them their own linguistic contribution (which can be seenfor example in the numerous place names in the northeast of England (andScotland) ending in -by or -thorpe, -wick, -ham and in words such as egg, husband,law, take, knife).In 1066 the Normans invaded from northern France and conquered England.Words such as court, parliament, justice, sovereign and marriage come from thisperiod.Later, the English helped themselves initially to further words from French, such aschauffeur, bourgeois, elite. As the British Empire expanded, further opportunitiesto borrow words arose – words such as taboo and pukka came into the Englishlanguage from that period.The result of this multiplicity of linguistic influences is a rich and diverse languagewith a complex grammar and many synonyms. For example, a coming together oftwo or more people could be a meeting or gathering (Old English), assignation orencounter (Old French), a rendezvous, rally or reunion (French), a caucus(Algonquin), pow-wow (Narragansett) or a tryst (Old French). 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 2Page 2colour1Page 2Page 2colour1BlackBlackSOURCES OF LEGAL ENGLISH1.2Legal English reflects the mixture of languages that has produced the Englishlanguage generally. However, modern legal English owes a particular debt toFrench and Latin. Following the Norman invasion of England in 1066, Frenchbecame the official language of England, although most ordinary people still spokeEnglish. For a period of nearly 300 years, French was the language of legalproceedings, with the result that many words in current legal use have their rootsin this period. These include property, estate, chattel, lease, executor and tenant.During this period, Latin remained the language of formal records and statutes.However, since only the learned were fluent in Latin, it never became the languageof legal pleading or debate.Therefore, for several centuries following the Norman invasion, three languageswere used in England. English remained the spoken language of the majority ofthe population, but almost all writing was done in French or Latin. English was notused in legal matters.In 1356, the Statute of Pleading was enacted (in French). It stated that all legalproceedings should be in English, but recorded in Latin. Nonetheless, the use ofFrench in legal pleadings continued into the seventeenth century in some areas ofthe law. In this later period, new branches of – in particular – commercial lawbegan to develop entirely in English and remain relatively free of French-basedterminology.As the printed word became more commonplace, some writers made a deliberateeffort to adopt words derived from Latin, with the aim of making their text appearmore sophisticated. Some legal words taken from Latin in this way are adjacent,frustrate, inferior, legal, quiet and subscribe. Some writers also started to use aLatin word order. This led to an ornate style, deliberately used to impress ratherthan inform. Even today, Latin grammar is responsible for some of the ornatenessand unusual word order of legal documents. It also lies behind the frequent use ofshall constructions in legal documents.English was adopted for different kinds of legal documents at different times. Willsbegan to be written in English in about 1400. Statutes were written in Latin untilabout 1300, in French until 1485, in English and French for a few years, and inEnglish alone from 1489.WHAT MAKES ENGLISH DIFFICULT?1.3It is said of chess that the game takes a day to learn, and a lifetime to master. Insimilar vein, English is reputed to be an easy beginner’s language in which it isnevertheless very hard to achieve native-level fluency. Why is this?Legal English2 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 3Page 3colour1Page 3Page 3colour1BlackBlackThere are probably four main factors that make English difficult to master. Theseare:1 Lack of clear rules of grammar. We have seen how English is a product of variousdifferent linguistic traditions. One of the results of this is a comparative lack ofconsistent grammatical rules. Prepositions are a clear example of this.2 Extensive vocabulary. There are many different ways of saying the same thing inEnglish. This is again due to the fact that English draws upon different linguistictraditions. For example, if you wanted to say that something was legallypermissible, you could use the Old Norse (Scandinavian)-derived word, lawful.Alternatively, you could use the Latin-derived word, legitimate. Or, if you wanteda more emotive word, you could use the Old English word, right. To take anotherexample, when talking about employment do you say calling, career, profession,employment, job, work, occupation or vocation?3 The use of phrasal verbs in English (and legal English). For example, you putdown a deposit, and you enter into a contract. These combinations must belearned individually because they involve using a verb with a preposition oradverb or both; and, as noted above, prepositions do not follow cleargrammatical rules. Some of the phrasal verbs most commonly used in legalEnglish are set out in a glossary at the back of the book.4 The use of idioms. Idioms are groups of words whose combined meaning isdifferent from the meanings of the individual words. For example, the expressionover the moon means ‘happy’. Idioms are frequent in ordinary English – they area distinctive element of the way native English speakers use the language. Theyare found less often in legal English, but exist in some legal jargon. For example,the expression on all fours is used to refer to the facts of a case that correspondexactly to the facts of a previous case.WHAT MAKES LEGAL LANGUAGE DIFFICULT?1.4One of the main reasons why legal language is sometimes difficult to understandis that it is often very different from ordinary English. This comprises two issues:1 The writing conventions are different: sentences often have apparently peculiarstructures, punctuation is used insufficiently, foreign phrases are sometimesused instead of English phrases (e.g. inter alia instead of among others), unusualpronouns are employed (the same, the aforesaid, etc), and unusual set phrasesare to be found (null and void, all and sundry).2 A large number of difficult words and phrases are used. These fall into fourcategories, brief details of which are given below.Introduction to legal English3 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 4Page 4colour1Page 4Page 4colour1BlackBlackLegal terms of art1.4.1Legal terms of art are technical words and phrases that have precise and fixedlegal meanings and which cannot usually be replaced by other words. Some ofthese will be familiar to the layperson (e.g. patent, share, royalty). Others aregenerally only known to lawyers (e.g. bailment, abatement).A number of frequently encountered terms of art are defined in the glossary oflegal terminology at the back of this book.Legal jargon1.4.2Terms of art should be differentiated from legal jargon. Legal jargon compriseswords used by lawyers, which are difficult for non-lawyers to understand. Jargonwords range from near-slang to almost technically precise words. Well-knownexamples of jargon include boilerplate clause and corporate veil.Jargon includes a number of archaic words no longer used in ordinary English.These include annul (to declare that something, such as a contract or marriage isno longer legally valid) and bequest (to hand down as an inheritance propertyother than land).It also includes certain obscure words which have highly specialised meaningsand are therefore not often encountered except in legal documents. Examplesinclude emoluments (a person’s earnings, including salaries, fees, wages, profitsand benefits in kind) and provenance (the origin or early history of something).Jargon words should be replaced by plain language equivalents whereverpossible.Legal meaning may differ from the general meaning1.4.3There is also a small group of words that have one meaning as a legal term of artand another meaning in ordinary English. One example is the word distress, whichas a legal term of art refers to the seizure of goods as security for theperformance of an obligation. In ordinary English it means anxiety, pain orexhaustion. Here are some further examples.Word and its legal English meaningWord and its ordinary English meaningConsideration in legal English means anact, forbearance, or promise by one partyto a contract that constitutes the price forwhich the promise of the other party isbought. Consideration is essential to thevalidity of any contract other than onemade by deed.Consideration in ordinary English means;(1) careful thought, (2) a fact taken intoaccount when making a decision, (3)thoughtfulness towards others.Legal English4 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 5Page 5colour1Page 5Page 5colour1BlackBlackFurther examples may be found in the glossary dealing with obscurewords and phrases at the back of the book.Words may be used in apparently peculiar contexts1.4.4A number of words and phrases, which are used in ordinary English, are also usedin legal English but in unusual contexts. Examples include furnish, prefer, hold. Fordetails of the meanings of these and other words and phrases, refer to theglossaries dealing with obscure words and phrases at the back of the book.Construction in legal English meansinterpretation. ‘To construe’ is theinfinitive verb form of the term.Construction in ordinary English means:(1) the action of constructing [e.g. abuilding]; (2) a building or other structure;(3) the industry of erecting buildings.Redemption in legal English means thereturn or repossession of propertyoffered as security on payment of amortgage debt or charge.Redemption in ordinary English usuallymeans Christian salvation.Tender in legal English means an offer tosupply goods or services. Normally atender must be accepted to create acontract.Tender in ordinary English means: (1)gentle and kind; (2) (of food) easy to cut orchew; (3) (of a part of the body) painful tothe touch; (4) young and vulnerable; (5)easily damaged.Introduction to legal English5 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 6Page 6colour1Page 6Page 6colour1BlackBlack62Elements of legal writingThe aim of this chapter is not to provide comprehensive coverage of all aspects ofgrammar, but merely to provide guidance on various issues that may causedifficulties in legal writing.ARTICLES2.1Articles in English include the, a and an.A few simple rules clarify the way in which these articles should be used.A and an are indefinite articles. A is used when mentioning something for the firsttime (‘a client walked into the office’). An is used in the same circumstances butonly where the following word begins with a vowel (‘an attorney walked into theoffice’).The is the definite article. It is used when referring to something alreadymentioned before (‘the client then sat down’), or when referring to something thatis the only one of its kind (‘the sun’) or when referring to something in a generalrather than specific way (‘the Internet has changed our way of life’).In some circumstances, articles should be omitted. For example, when a sentencelinks two parallel adjectival phrases, the article should be omitted from the secondphrase. Here is an example:The judge ruled that Cloakus Ltd was a validly registered and an existing company.In addition, when using certain abstract nouns in a general, conceptual sense, it isnot necessary to use an article to precede the noun. For example:In the event of conflict between the definitions given in appendix 1 and thedefinitions given in the contract, the contract shall prevailThere is no need here to precede conflict with a, since conflict is used in ageneral conceptual sense. However, when referring to a specific conflict, articlesshould be used, as in ‘the opposing factions took part in the conflict’.Correct these sentences by adding articles as appropriate. The answers can befound in the answer key at the back of the book.E XE RCI SE 1Alternatively, visit the Companion Website to access this questiononline.(1 )Parties signed contract today after having discussed price. 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 7Page 7colour1Page 7Page 7colour1BlackBlack(2)Lawyer about whom I spoke arrived at meeting too late to advise aboutamount of damages company could get.(3)If there is telephone call for me about case, put it through.(4)Client said that Roggins was inefficiently run and unprofitable company.(5)Mobile phone has revolutionised way in which firm does business.PREPOSITIONS2.2Prepositions are words used with a noun or pronoun, which show place, position,time or method.Prepositions such as to, in, from, between, after, before, etc. normally comebefore a noun or pronoun and give information about how, when or wheresomething has happened (‘she arrived before lunch’, ‘I travelled to London’).The preposition between should be followed by an object pronoun like me, himor us instead of a subject pronoun such I, she and we. It is therefore correct tosay ‘this matter is between you and me’ and wrong to say ‘this matter is betweenyou and I’.The main problem for the non-native speaker is remembering which prepositionto use. There are no clear rules to follow in this respect, but some examples ofcommon usages are set out below:qThe parties to this agreement . . .qThe goods must be delivered to the purchaser.qThe commencement/termination of this agreement . . .qThe price list set out in Schedule 1 . . .qRoyalties will be paid in accordance with this agreement for a period offive years.qThe goods must be delivered within 14 days.qThe Company agrees to provide training for service personnel.qThe agreement may be terminated by notice.qAn arrangement between the Seller and the Buyer . . .qIt is agreed that the goods will be collected from the Seller’s warehouseat 21 Redwoods Road.qIt is agreed that the goods will be collected from the Seller’s warehousein/on Redwoods Road.Elements of legal writing7 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 8Page 8colour1Page 8Page 8colour1BlackBlackqInterest will be charged on any unpaid instalments after the expirationof a period of 28 days from the date hereof.qHe was charged with murder.qThe property at 2 Pond Road is sold with vacant possession.It is important to note that in certain circumstances it may be possible to use morethan one preposition, and that there may be small but important differences inmeaning between them. For example, the sentence:The goods must be delivered within 7 daysis subtly different fromThe goods must be delivered in 7 days.The use of the word within makes it clear that the goods may be delivered at anytime up to the seventh day, while the word in implies that the goods should bedelivered on the seventh day. This minor linguistic difference could be criticallyimportant in a contract for the sale of goods.Replace the missing prepositions in the gaps in the following sentences. Theanswers can be found in the answer key at the back of the book.E XE RCI SE 2Alternatively, visit the Companion Website to access this questiononline.(1 )Ten units must be delivered the buyer 30 November.(2)This agreement can be terminated notice writing. giving not less than 14 days’(3)Rent will be paid accordance this agreement.(4)This is an agreement the parties to the contract.(5)The goods are to be moved 28 August. the defendant’s warehouse no laterPRONOUNS2.3A pronoun is a word used instead of a noun to indicate someone or somethingalready mentioned or known. For example, I, you, this, that.Pronouns are used to avoid repeated use of a noun. They are usually used to referback to the last used noun.Legal drafters have traditionally avoided using personal pronouns such as he, she,we, they, instead replacing them with formulations such as the said, theLegal English8 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 9Page 9colour1Page 9Page 9colour1BlackBlackaforesaid, or the same. The reason for this is a fear of ambiguity in cases whereit is unclear to which noun the pronoun might refer if a number of parties arementioned in the document.Here is an example of a sentence made ambiguous by unclear use of personalpronouns:He arrived with James and John. John then continued his journey by car. Jamesstayed at the depot, and he followed John later.The modern trend, however, is to use pronouns where possible, as their usemakes documentation less formal and intimidating. For example, ‘you must paythe sum of £100 per month to me’ is easier for a layperson to understand than‘the Tenant must pay the sum of £100 per month to the Landlord’.However, their use is inappropriate where the aim of the drafter is to impress thereader with the seriousness of the obligations being undertaken, as pronounsoften lead to a chattier and lighter style than is found in traditional legaldocumentation.One aspect of pronoun use that is now highly relevant lies in the desire to avoidsexist language in legal and business English. This subject is discussed further inChapter 6. A list of common gender-neutral pronouns and adjectives that can beused to avoid using sexist language is set out below.qanyanybodyanyoneeacheveryeverybodynobodynoneno onesomesomebodysomeoneqqqqqqqqqqqReplace the missing pronouns in the following sentences. The answers can befound in the answer key at the back of the book.EXE RCI SE 3Alternatively, visit the Companion Website to access this questiononline.(1 )I went to the office very early this morning and did not see there.(2)It is important that at the airport tomorrow evening. be there to welcome Mr Jones when he arrivesElements of legal writing9 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 10Page 10colour1Page 10Page 10colour1BlackBlack(3)These rules are very clear. Therefore what they mean. should be in any doubt as to(4)If you feel that the issues Mr Smith wants you to resolve are outside yourfield of expertise, don’t hesitate to pass case to me.(5)The lawyers in that firm are rather old-fashioned in time for to modernise. approach. It’sADJECTIVES2.4An adjective is a word used to describe a noun or make its meaning clearer (e.g.excellent, as in ‘an excellent horse’). Some words in the English language havethe ability to change parts of speech. For example, the word principal, often usedin legal English, can be used as an adjective (‘the principal sum’) or as a noun (‘theprincipal instructs the agent’).Some adjectives are described as uncomparable adjectives, meaning that theydescribe something that can only be absolute. Such adjectives cannot be qualifiedby words like most, more, less, very, quite or largely. For example, if aprovision in a contract is void it cannot be ‘largely void’ or ‘more void’ – it issimply void.A short list of uncomparable adjectives is set out below:qabsolutecertaincompletedefinitedevoidentireessentialfalsefinalfirstimpossibleinevitableirrevocablemanifestonlyperfectprincipalstationarytrueuniformqqqqqqqqqqqqqqqqqqqLegal English10 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 11Page 11colour1Page 11Page 11colour1BlackBlackquniquevoidwholeqqLegal English contains many adjectives that relate to abstract nouns. Forexample, remediable from remedy. Complete the table below. The answers canbe found in the answer key at the back of the book.EXE RCI SE 4Alternatively, visit the Companion Website to access this questiononline.ADVERBS2.5An adverb is a word that modifies or qualifies a verb (e.g. walk slowly), anadjective (e.g. really small) or another adverb (e.g. very quietly).Most adverbs consist of an adjective + the ending -ly. There are a number ofwords that act both as adjectives and as adverbs, to which the suffix -ly cannot beadded. These include:qaloneearlyenoughfarfastfurtherlittlelonglowmuchstillstraightqqqqqqqqqqqNounsAdjectives(1)defectiveacceptance(2)(3)restorablereliance(4)(5)requisiteElements of legal writing11 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 12Page 12colour1Page 12Page 12colour1BlackBlackChoose an appropriate adverb from the list below to complete the followingsentences. The answers can be found in the answer key at the back of thebook.E XE RCI SE 5Alternatively, visit the Companion Website to access this questiononline.(1 )My client accepts that he is circumstances in which he finds himself. responsible for the difficult financial(2)This clause is not enforceable.(3)The speaker droned on for over two hours.(4)We should be grateful if the documents were issued .(5)The proposition, though attractive, was flawed.a.b.c.d.e.superficiallylegallyexpeditiouslytediouslysolelyCOLLECTIVE NOUNS2.6A collective noun is one that refers to a group of people or things (e.g. jury,government, committee). Such nouns can be used with either a singular verb(‘the jury was made up of people from many different backgrounds’) or a pluralverb (‘the jury are all in the court now’).It should be remembered that if the verb is singular any following pronouns (wordssuch as he, she, it or they) must also be singular, e.g. ‘the firm is prepared to act,but not until it knows the outcome of the negotiations’ (not ‘. . . until they knowthe outcome’).In general it is better to use the singular when referring to collective nouns. Theexception to this is where the plural is used to indicate that one is referring notprimarily to the group but to all the individual members of the group (e.g. ‘the staffwere unhappy with the changes that had been proposed’).Here is a short list of collective nouns found in legal English:qboard (e.g. of directors)classclubcommitteeqqqLegal English12 10: 58: 20: 02: 0910: 58: 20: 02: 09Page 13Page 13colour1Page 13Page 13colour1BlackBlackqcompanygovernmentgroupjurymajoritynationparliamentparty (i.e. a body of persons)staffteamunionthe Cabinetthe publicqqqqqqqqqqqqConsider the sentences below and decide whether the singular or plural formshould be used. The answers can be fo...

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