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Memorandum II Checklist Professor Brain Spring 2007 Modified with thanks to and permission from Professor Darby Dickerson at Stetson College of Law; Professor S. Bakhshian and Professor A. Siegel of Loyola Law School

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Title: Memorandum II Checklist Professor Brain Spring 2007 Modified with thanks to and permission from Professor Darby Dickerson at Stetson College of Law; Professor S. Bakhshian and Professor A. Siegel of Loyola Law School


1
Memorandum II ChecklistProfessor Brain
Spring 2007Modified with thanks to and
permission from Professor Darby Dickerson at
Stetson College of Law Professor S. Bakhshian
and Professor A. Siegel of Loyola Law School
2
Overall Organization
  • Do you have the following sections, in the
    following order, with the appropriate headings?
  • MEMORANDUM
  • Headings
  • I. STATEMENT OF FACTS
  • II. QUESTION(S) PRESENTED
  • III. SHORT ANSWER(S)
  • IV. DISCUSSION
  • Word Count Certification, both
  • signed and printed

3
Memorandum Heading
  • Required Does your paper say MEMORANDUM at the
    top (centered, in all caps, bolded, underlined)?

4
MemoHeading
  • TO Professor Brain
  • FROM Your exam number (Section )
  • DATE Date the memo is due, regardless when you
    turn it in (Feb. 5, 2007) NOT Feb. 7.
  • RE Laura Weiss Matter

5
Statement of Facts
  • Heading I. STATEMENT OF FACTS.
  • Centered, bolded, all caps, and underlined.
  • Did you start with an introductory sentence (or
    two) that
  • Expressly identifies our client?
  • Briefly summarizes the clients ultimate legal
    issue?

6
Statement of Facts
  • Have you included all legally relevant facts
    facts that you will use in your discussion?
  • Have you included enough background facts that a
    person unfamiliar with the case could understand
    what happened?
  • Have you omitted irrelevant facts?

7
Statement of Facts
  • Are the facts accurate? Specific?
  • Are the facts objective?
  • Have you omitted conclusions and arguments?
  • Have you deleted value-laden words and
    characterizations?

8
Statement of Facts
  • Have you reviewed the facts -- since writing the
    QP and discussion -- to ensure that every fact
    mentioned in the discussion is also mentioned in
    the facts, and pretty much only those facts are
    included?

9
Questions Presented
  • Heading II. QUESTION PRESENTED . Centered,
    bolded and underlined
  • QP Important facts Ultimate Legal Issue
    (facts you will be focusing on in Discussion
    make sure facts are accurately presented).
  • Facts for every element of the cause of action?
  • Yes or No format?
  • Generic v. personal Are all issues in the same
    format?
  • Does each question end with a question mark?
  • Plain language no legalese avoid suggesting
    answer

10
QP Structure
  • If you think your QP is getting too long, you can
    break it up into more digestible pieces by using
    numbers
  • Would currency found by a customer in a bank be
    considered lost if (1) it was found loosely
    placed in an envelope on a chair inside an
    examination room accessible to all who have
    safety deposit boxes at the Bank and (2) no one
    claimed it after the Bank notified all who used
    the room within a week after the money was found.
  • Corresponds to elements of lost property (1)
    unintentionally and involuntarily parts with
    possession and (2) true owner does not currently
    know where it is.

11
Short Answers
  • Heading III. SHORT ANSWER (single). Bolded,
    underlined, all caps, and centered.

12
Short Answers - Consistency with Questions
Presented
  • Do you have a short answer for each part of the
    question(s) presented?
  • Does your short answer EXPLAIN your conclusions
    not just state them?
  • If you have generic QP, do you have generic SA?
    If you have personal questions, do you have
    personal answers?
  • Have you incorporated the elements of the tort
    into the answer or answers?
  • If you break your QP up into numbered sections,
    then short answer structure should match.

13
Short Answer Structure
  • If you use something like this as your QP Would
    currency found by a customer in a bank be
    considered lost if (1) it was found loosely
    placed in an envelope on a chair inside an
    examination room accessible to all who have
    safety deposit boxes at the Bank and (2) no one
    claimed it after the Bank notified all who used
    the room within a week after the money was found
    then your SA should be organized like
  • Yes. The currency would most likely be
    considered lost because it appears (1) . . . and
    (2) . . .

14
Short Answer - First Sentence
  • Have you started with a one- or two-word
    sentence?
  • Yes.
  • No.
  • Probably Yes.
  • Probably Not.

15
Short Answer - Explanation
  • Have you answered the issue?
  • Have you accurately summarized the discussion?
  • Have you articulated the legal standard?
  • Is the explanation consistent with the first
    sentence?
  • Can be more than one sentence.

16
Question Presented/Short Answer Exercise, Problem
2
  • Question Presented
  • Whether a niece can recover for negligent
    infliction of emotional distress if she hears,
    but does not see, a negligently caused automobile
    accident involving her uncle and arrives at the
    scene within a half-minute after the accident
    occurs and observes her uncles severe injuries,
    a result of which she suffers persistent and
    severe nightmares, headaches and phobias?
  • Short Answer
  • Yes. A niece who suffers severe emotional
    distress resulting from the contemporaneous and
    direct emotional impact of hearing a negligently
    caused automobile accident involving her uncle,
    and who views her uncles grave injuries within
    30 seconds of the accident, is likely to be able
    to recover for negligent infliction of emotional
    distress.

17
Short Answer
  • Would a busy reader understand the bottom line?
    QP/SA together meant to be a summary of your
    discussion.
  • Is the brief answer more than five or six
    sentences? If so, consider condensing remember
    its OK to be conclusory.
  • Have you avoided citations to authority?

18
Discussion - Relation to Issues
  • Heading IV. DISCUSSION (Bolded, centered, all
    caps, and underlined)
  • Thesis paragraph first paragraph
  • Can be more than 1 paragraph
  • Headings and Subheadings Clear?

19
Discussion - Components
  • Does each section start with a topic sentence and
    a specific rule?
  • For each issue, do you discuss legal authority?
  • For each issue, have you included an application
    presenting your clients best argument(s)?
  • Have you also presented the other sides best
    argument(s)?

20
Suggested Structure for Discussion Section of
Laura Weiss Memo
  • Discussion
  • Topic/Thesis Paragraph
  • Extreme and Outrageous Conduct by Mr. and Mrs.
    Weiss
  • 1. Subfactor 1
  • 2. Subfactor 2
  • . . .
  • Conscious Disregard of a High Risk of Causing
    Severe Emotional Distress by Mr. and Mrs. Weiss
  • Subfactors (if any)
  • Severe Emotional Distress suffered byLaura
    Weiss
  • Subfactors (if any)

21
Suggested Structure for Discussion Section of
Laura Weiss Memo
  • Discussion
  • Topic/Thesis Paragraph
  • Was the defendants conduct extreme and
    outrageous?
  • 1. Subfactor 1
  • 2. Subfactor 2
  • . . .
  • Did the defendants consciously disregard a high
    risk that their conduct would cause severe
    emotional distress?
  • Subfactors, if any
  • Did the conduct of Mr. and Mrs. Weiss actually
    cause severe emotional distress in Laura?
  • Subfactors, if any

22
Discussion - Components
  • Do you conclude each issue with a mini-conclusion
    (best educated guess of outcome)?
  • Make sure you have not concluded in the middle of
    application or at the beginning.
  • Did you avoid speculating and waffling?

23
Discussion - Cases
  • If you are citing a case merely for a general
    rule of law, you do not have to discuss it in
    detail.
  • Discuss cases in greater detail that you use to
    construct a fact-based analogy (for or against)
    in your application.
  • Include Relevant facts, holding,
    rationale/reasoning where necessary. Exclude
    irrelevant information, unnecessary detail.
    Dont try to brief the case.

24
How to Handle Quotations form Other Cases
  • The following quote is from Kolegas v. Heftel
    Broad. Corp. 607 N.E.2d 201, 211 (1992)
  • In McGrath v. Fahey (1988), 126 Ill. 2d 78, 127
    Ill. Dec. 724, 533 N.E.2d 806, this court set
    forth the three elements necessary to state a
    cause of action for intentional infliction of
    emotional distress. The plaintiff must plead
    facts which indicate (1) that the defendants
    conduct was extreme and outrageous (2) that the
    defendant knew there was a high probability that
    his conduct would cause sever emotional distress
    and (3) that the conduct in fact caused severe
    emotional distress. McGrath, 126 Ill. 2d at 86,
    127 Ill. Dec. 724, 533 N.E.2d 806, citing Public
    Finance Corp. v. Davis (1976) 66 Ill. 2d 85, 90,
    4 Ill. Dec. 652, 360 N.E.2d 765.

25
How to Handle Quotations form Other Cases
  • 1. Just quote from Kolegas
  • The three elements necessary to state a cause
    of action for intentional infliction of emotional
    distress are the plaintiff must plead facts
    which indicate (1) that the defendants conduct
    was extreme and outrageous (2) that the
    defendant knew there was a high probability that
    his conduct would cause sever emotional distress
    and (3) that the conduct in fact caused severe
    emotional distress. Kolegas v. Heftel Broad.
    Corp. 607 N.E.2d 201, 211 (1992)

26
How to Handle Quotations form Other Cases
  • 2. Quote from Kolegas and use the (Citation
    omitted) parenthetical
  • The three elements necessary to state a cause
    of action for intentional infliction of emotional
    distress are the plaintiff must plead facts
    which indicate (1) that the defendants conduct
    was extreme and outrageous (2) that the
    defendant knew there was a high probability that
    his conduct would cause sever emotional distress
    and (3) that the conduct in fact caused severe
    emotional distress. Kolegas v. Heftel Broad.
    Corp. 607 N.E.2d 201, 211 (1992) (citations
    omitted)

27
How to Handle Quotations form Other Cases
  • 3. Quote from Kolegas so that the other citations
    are in the text
  • In McGrath v. Fahey (1988), 126 Ill. 2d 78, 127
    Ill. Dec. 724, 533 N.E.2d 806, this court set
    forth the three elements necessary to state a
    cause of action for intentional infliction of
    emotional distress. The plaintiff must plead
    facts which indicate (1) that the defendants
    conduct was extreme and outrageous (2) that the
    defendant knew there was a high probability that
    his conduct would cause sever emotional distress
    and (3) that the conduct in fact caused severe
    emotional distress. McGrath, 126 Ill. 2d at 86,
    127 Ill. Dec. 724, 533 N.E.2d 806, citing Public
    Finance Corp. v. Davis (1976) 66 Ill. 2d 85, 90,
    4 Ill. Dec. 652, 360 N.E.2d 765. Kolegas v.
    Heftel Broad. Corp. 607 N.E.2d 201, 211 (1992)

28
How to Handle Quotations form Other Cases
  • 4. Actually carry on the quotation daisy chain
  • The three elements necessary to state a cause
    of action for intentional infliction of emotional
    distress are the plaintiff must plead facts
    which indicate (1) that the defendants conduct
    was extreme and outrageous (2) that the
    defendant knew there was a high probability that
    his conduct would cause sever emotional distress
    and (3) that the conduct in fact caused severe
    emotional distress. Kolegas v. Heftel Broad.
    Corp. 607 N.E.2d 201, 211 (1992) (citing McGrath
    v. Fahey 533 N.E.2d 806, 808 which was citing
    from Pub. Fin. Corp. v. Davis 360 N.E.2d 765
    (1976)).

29
Formatting Mechanics
  • Are you within the 3,000 word limit?
  • Is your paper double spaced?
  • Is the font 14-point Times New Roman?
  • Do you have page numbers at the bottom center of
    the page?
  • Are the margins correct 1-inch everywhere?
  • Section Number E3 or D9
  • Bluebook citations remember (Ill. App. Ct.
    NOT Ill. App.) followed by the year) for
    appellate court cases.

30
Proofreading
  • Have you carefully proofread your paper?
  • Have you run spell check?
  • Have you read the paper out loud?
  • Have you checked for grammatical errors?
  • Have you written in passive voice or with
    unnecessary wordiness?

31
Avoiding Problems
  • Do you have a backup on disk?
  • Do you have an extra hard copy?
  • Print at home, if at all possible?

32
A Few Miscellaneous Points
  • Dont leave headings at the bottom of a page
    without any text. (No orphan lines)
  • Make sure youve been accurate with the law and
    with the facts.
  • Remember that you can only cite to the
    authorities you were provided.

33
Citation Exercise III, Problem 1
  • Id. at 616

34
Citation Exercise III, Problem 2
  • Mitsubishi Motors, 473 U.S. at 616.

35
Citation Exercise III, Problem 3
  • McClung, 379 U.S. at 294.

36
Citation Exercise III, Problem 4
  • Ryan v. Clarke, 387 F.3d 785 (8th Cir. 2004),
    cert. denied, 125 S. Ct. 2526 (2005).

37
Citation Exercise III, Problem 5
  • Clark v. McClung, 167 F.2d 232 (D.C. Cir. 1962)
    affd sub nom. Katzenbach v. McClung, 397 U.S.
    294 (1964).

38
Citation Exercise III, Problem 6
  • Bennett v. Plenert, 63 F.3d 915 (5th Cir. 1995),
    revd on other grounds, 520 U.S. 154 (1997).

39
Citation Exercise III, Problem 7
  • Carlisle v. United States, 517 U.S. 416 (1996),
    affg 48 F.3d 190 (6th Cir. 1995).

40
Concordance of Bluebook RulesShort Form
  • Id. Used for a repeat of immediately preceding
    citations Form for statute is id. 1675 if from
    same code form for cases is id. at 654. B 5.2,
    R4.1
  • Short form for cases Generally use first name in
    caption, followed by reporter and page, e.g.,
    Palsgraf, 162 N.E, at 100. Just reporter can be
    OK as well 162 N.E. at 100 -- if it doesnt
    cause confusion and is within the same section.
    B5.2.
  • - If government official or popular name, use
    second name in caption. R 10.9(i)

41
Concordance of Bluebook RulesPrior/Subsequent
History
  • General Rule R 10.7
  • Cert denied only if within last two years or if
    particularly relevant. Id.
  • Prior history if prior case is significant or
    otherwise relevant. Id.
  • If names of parties changed, use R 10.7.2. Note
    that if you need to cite new name, it should be
    introduced by sub nom. Id.
  • Abbreviations for prior and subsequent histories
    Table T.8.
  • If all happened in same year, only cite year in
    last parenthetical. R 10.5(d)

42
Concordance of Bluebook RulesCapitalization
  • General Rule Rule 8
  • In headings, capitalize initial words and words
    immediately following a colon otherwise
    capitalize all words except articles,
    conjunctions or prepositions of four letters or
    fewer. R 8(a)
  • Court is capitalized only when
  • - reference is to the Court you are before
  • - the United States Supreme Court or
  • - the full name of the court is spelled out,
    e.g., the California Supreme Court or the Court
    of Appeals for the Fifth Judicial Circuit.

43
Suggestions regarding Sentence Structure
  • Strive to make your subjects short and near the
    beginning of the sentence. Know that what you
    put first is what the reader will focus on.
  • NOT Any instrument, article or substance which,
    under the circumstances in which it was used, is
    capable of causing death or serious injury is a
    dangerous instrument under the statute.
  • YES A dangerous instrument under the statute
    is any instrument, article or substance which,
    under the circumstances in which it was used, is
    capable of causing death or serious injury.

44
Suggestions regarding Sentence Structure
  • Use short, active predicates and not
    nominalizations (converting a verb into a
    noun).
  • NOT The judge made a decision to grant the
    motion.
  • YES The judge decided to grant the motion.
  • or, even better
  • YES The judge granted the motion.

45
Suggestions regarding Sentence Structure
  • NOT The McCaren-Furguson Act makes an exemption
    for the business of insurance.
  • YES The McCaren-Furguson Act exempts the
    business of insurance.
  • NOT Breach of the implied warranty of
    habitability can occur even without a landlords
    violation of city building and housing codes.
  • YES A landlord can breach the implied warranty
    of habitability even without violating city
    building and housing codes.

46
Suggestions regarding Sentence Structure
  • Do not separate the subject and the verb with
    intruding phrases and clauses as that will take
    away the main idea of the sentence.
  • NOT The jury, knowing the prosecutor was
    experienced and aware that she had access to more
    information than was presented in court, gave her
    words great weight.
  • YES The jury gave the prosecutors words great
    weight knowing of her experience and that she had
    access to more information than was presented in
    court.
  • or even
  • YES In light of her experience and knowing that
    she had access to more information than was
    presented in court, the jury gave her words great
    weight.

47
Suggestions regarding Sentence Structure
  • NOT Cannon 9, which prohibits both impropriety
    and the mere appearance of impropriety, and which
    alone is a basis for a disqualification motion,
    reflects the ABAs concern with the integrity of
    the legal system.
  • YES Cannon 9 reflects the ABAs concern with
    protecting the integrity of the legal system by
    prohibiting both impropriety and the appearance
    of impropriety. Cannon 9 alone is a basis for
    sustaining a disqualification motion.

48
Suggestions regarding Sentence Structure
  • Do not bog down a topic sentence in which you are
    introducing a legal principle with a citation in
    the text of the sentence, unless the name of the
    case is crucial.
  • NOT The California Supreme Court discussed the
    issue of fee arbitration in Aguilar v. Special
    Systems, Inc., 48 Cal. App. 4th 262 (2004),
    holding that that under the Mandatory Fee
    Arbitration Act ("MFAA") a binding arbitration
    clause in a contingent fee agreement may not be
    enforced before the non-binding arbitration
    process required in the MFAA is completed.
  • YES   The California Supreme Court held that
    that under the Mandatory Fee Arbitration Act
    ("MFAA") a binding arbitration clause in a
    contingent fee agreement may not be enforced
    before the non-binding arbitration
    process required in the MFAA is completed.
    Aguilar v. Special Systems, Inc., 48 Cal. App.
    4th 262 (2004).

49
Suggestions regarding Sentence Structure
  • OK (depending on the desired emphasis) The law
    regarding the validity of mandatory arbitration
    clauses in fee agreements is well settled. In
    Aguilar v. Special Systems, Inc., 48 Cal. App.
    4th 262 (2004), the California Supreme Court held
    that the Mandatory Fee Arbitration Act ("MFAA")
    provides that a binding arbitration clause in a
    contingent fee agreement may not be enforced
    before the non-binding arbitration
    process required in the MFAA is completed.
    (emphasizes the name of the case)
  • OK (depending on the desired emphasis) The law
    regarding the validity of mandatory fee
    arbitration clauses in fee agreements is well
    settled. The California Supreme Court has held
    that the Mandatory Fee Arbitration Act ("MFAA")
    provides that a binding arbitration clause in a
    contingent fee agreement may not be enforced
    before the non-binding arbitration
    process required in the MFAA is completed.
    Aguilar v. Special Systems, Inc., 48 Cal. App.
    4th 262 (2004). (emphasizes the holding of the
    case)

50
Suggestions regarding Sentence Structure
  • It is sometimes acceptable to include a case
    cite in the text of a sentence when introducing
    the case for a rule of law, for factual purposes,
    or to set up a comparison/contrast, but it is
    still usually better either to put the cite at
    the end of the first sentence, or to include a
    cite-less introductory sentence.
  • When you cite the case as part of the sentence,
    you are emphasizing the name of the case in
    addition to its holding, so it should be a case
    that you will be citing to a lot. If you only
    are using the case to illustrate a single point,
    it is better to put the cite at the end of the
    sentence.

51
Suggestions regarding Sentence Structure
  • Do Not Begin a paragraph with In Benjamin v.
    Linder Aviation Co., 534 N.W.2d 400, 407 (1995),
    the court Instead, use a topic sentence or a
    clear transition to give context to the citation.
  • Mid Sentence Maybe The effort used to conceal
    the property is an important factor in its
    classification. In Benjamin v. Linder Aviation
    Co., 534 N.W.2d 400, 407 (1995), the court held
    that when property was concealed in such a way
    that the finder had to undertake considerable
    effort in order to uncover it unscrewing
    several panels of an airplane wing during an
    annual aircraft inspection the property should
    be classified as mislaid. Here, however, the
    property was found on a chair in a room in which
    many had access . . .
  • Better Where found property is concealed in
    such a way that a finder must undertake
    considerable effort simply to uncover it, the
    property most likely will be classified
    mislaid. Benjamin v. Linder Aviation Co., 534
    N.W.2d 400, 407 (1995). There the court
    classified as mislaid a large sum of cash found
    nestled in the inside of an airplane wing because
    it could only have been located after removing
    several under panels of the wing a task
    typically done only during an annual aircraft
    inspection. Here, however, the money found by
    Ms. Walker was located on a chair in a room in
    which many had access . . .

52
Suggestions regarding Sentence Structure
  • Better Still An important factor in classifying
    found property as either lost or mislaid is
    how concealed from public view the property is
    when located. The greater the concealment and the
    greater the effort that must be used to uncover
    it, the greater the likelihood is that the
    property is mislaid. This was the holding in
    Benjamin v. Linder Aviation Co., 534 N.W.2d 400,
    407 (1995), where the court upheld the trial
    courts determination that a large sum of cash
    was mislaid when it was found only after
    unscrewing several panels of an airplane wing
    during an annual aircraft inspection. There the
    court held that the hidden location of the
    currency, supported an inference that the
    money was placed there intentionally, id. at
    409, thus satisfying the test for mislaid
    property. Here, however, the money found by Ms.
    Walker was located on a chair in a room in which
    many had access . . .

53
Suggestions regarding Sentence Structure
  • Vary the length of your sentences between about
    8-10 on the low side and no more than 30-35 words
    on the high. Use subordinating conjunctions
    because, since, when, and although.
  • NOT The California statute authorizing sanctions
    does not define sanctionable conduct, thus
    leaving it to the courts to come up with a
    definition, which they have done, interpreting
    the statute as requiring conduct falling below
    minimum standards of professional courtesy,
    Richmond v. Brown, 48 Cal. App. 4th 226 (2003),
    which is what several other jurisdictions have
    done.
  • YES The California statute on sanctions does not
    contain a definition of sanctionable conduct. It
    has therefore been left to the courts to define
    the term, which they have done, allowing
    sanctions for conduct that falls below minimum
    standards of professional courtesy. Richmond v.
    Brown, 48 Cal. App. 4th 226 (2003). This
    definition is similar to those in other
    jurisdictions.

54
Suggestions regarding Sentence Structure
  • NOT Sanctions are merited here. Defendants
    counsel called plaintiff a bastard.
  • YES Sanctions are merited here because
    Defendants counsel called plaintiff a bastard.

55
Suggestions regarding Sentence Structure
  • Maintain parallelism
  • NOT A social host may be liable for the
    consequences of a guests drunken driving if the
    host directly serves the alcohol, continuing to
    do so after the guest is visibly intoxicated,
    while knowing that the guest will soon be driving
    home.
  • YES A social host may be liable for the
    consequences of a guests drunken driving if the
    host directly serves the alcohol, continues
    serving after the guest is visibly intoxicated,
    and knows that the guest will soon be driving
    home.

56
Suggestions regarding Sentence Structure
  • Avoid misplaced modifiers
  • NOT If his schedule permits, Mr. Jones will drop
    by and try to say hello to the new associate.
  • YES If his schedule permits, Mr. Jones will try
    to drop by to say hello to the new associate.

57
Suggestions regarding Sentence Structure
  • 8. Eliminate Throat Clearing Phrases, often
    (but not exclusively) found in introductions to
    sentences
  • NOT An examination of precedent cases must be
    undertaken before a determination can be made
    between lost and mislaid property, such as
    Benjamin which held that property found hidden
    inside an airplane wing . . .
  • YES In Benjamin, a large sum of cash was hidden
    inside an airplane . . .

58
Suggestions regarding Sentence Structure
  • NOT In order for the plaintiff to recover for
    breach of contract, it must be shown that he
    suffered damages caused by the breach.
  • YES The plaintiff must have suffered damages
    caused by the breach in order to recover for
    breach of contract.

59
Suggestions regarding Sentence Structure
  • 9. Remember to use Active Voice Whenever Possible
  • NOT A trial by jury was requested by the
    defendant.
  • YES The defendant requested a jury trial.

60
Sentences Checklist
Use short, concrete subjects. (p. 207) Use
short, active predicates, not nominalizations (p.
208) Use active rather than passive voice (p.
208) Do not separate the subject from the verb
with intruding phrases and clauses. (p. 210)
61
Sentences Checklist Cont.
Keep sentences relatively short (under 25 words).
(p. 210) Maintain parallel sentence structure
(parallelism). (p. 211) Avoid misplaced and
dangling modifiers (p. 213) Identify and
punctuate restrictive and non restrictive
modifiers correctly (p. 214)
62
Sentences Checklist Cont.
  • Eliminate unnecessary words. (p. 215)
  • Use quotations sparingly (p. 216)
  • Use appropriate tense (p. 217)
  • Make your comparisons complete and Logical. (p.
    218)
  • Check that the words in your sentence have a
    rational relationship. (p. 218)
  • Select concrete, familiar, and specific words
    avoid vagueness and imprecision. (p. 219)

63
Sentences Checklist Cont.
Avoid jargon, informal, and esoteric language.
(p. 219) Avoid qualifier and intensifiers do
not overuse adjectives and adverbs. (p.
219) Avoid sexist language. (p. 220)
64
  • apostrophes

65
APOSTROPHES
  • Use s to form the possessive of singular or
    plural nouns or indefinite pronouns that do not
    end in -s
  • Examples
  • defendants alibi - experts testimony
  • everyones concern - family's home

66
APOSTROPHES
  • Use s to form the possessive of singular
    nouns ending in -s as long as the resulting
    word is not difficult to pronounce.
  • Examples
  • Jamess book - Congresss rule
  • witnesss testimony - businesss location

67
APOSTROPHES
  • HOWEVER, you should drop the final s if the
    resulting series of words is difficult to
    pronounce.
  • Examples
  • business sales - witness signature

68
APOSTROPHES
  • Use only an apostrophe to form the possessive of
    plural nouns ending in -s
  • Examples
  • workers rights
  • framers intent
  • the Smiths house

69
APOSTROPHES
  • Use s after the last word to form the
    possessive of a compound word or word group
  • Examples
  • mother-in-laws statement
  • attorney generals office

70
APOSTROPHES
  • To show joint possession, use s only after
    the last noun in a group of two or more nouns to
    show individual possession, use s after each
    of the nouns in a group of two or more nouns
  • Examples
  • John and Mary's stocks
  • Johns and Marys stocks

71
APOSTROPHES
  • NOTE Do not use contractions in legal writing!!
  • Examples
  • its theyre whos, etc.

72
APOSTROPHES
  • To form the plural of numbers, letters or words
    referred to as words, add s
  • Examples
  • seven 0s -1950s
  • two Boeing 767s
  • replace all the ands
  • cross your ts

73
Add the Proper Apostrophes
  • 1. Lois Complaint
  • 2. Kim and Howard kids (joint possession)
  • 3. Two weeks vacation
  • 4. Plural possessive of agency
  • 5. Plural possessive of Davis
  • 6. Justice of the peace decision (possessive)
  • 7. Boss meeting (plural possessive)

74
QUESTION 1
  • Lois complaint
  • Answer Loiss complaint

75
QUESTION 2
  • Kim and Howard children (joint possession)
  • Answer Kim and Howards children

76
QUESTION 3
  • Two weeks vacation
  • Answer Two weeks vacation

77
QUESTION 4
  • Form the plural possessive of agency
  • Answer agencies

78
QUESTION 5
  • Form the plural possessive of Davis
  • Answer Davises

79
QUESTION 6
  • Form the possessive of justice of the peace
  • Answer Justice of the peaces

80
QUESTION 7
  • Form the plural possessive of boss (meeting)
  • Answer Bosses meeting
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