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Legal Writing Style Rules

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Be Concise

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Eliminate unnecessary words and phrases to make your writing more efficient and understandable. Example: Replace 'in the event that' with 'if'.

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Avoid Gendered Language

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Use gender-neutral language to make writing inclusive. Example: 'The chairperson will decide' instead of 'The chairman will decide'.

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Avoid Split Infinitives

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Put modifiers either before or after the verb, not between 'to' and the verb. Example: Write 'to go quickly' instead of 'to quickly go'.

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Maintain Professional Tone

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Write in a respectful, formal tone appropriate for legal documents. Example: 'The plaintiff's claim is without merit.'

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Use Definitions Effectively

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Define key terms when they are first mentioned to ensure clarity. Example: 'Force majeure, a contract clause that ...'

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Use Active Voice

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Active voice makes your writing more direct and dynamic. Example: Write 'The committee approved the policy' instead of 'The policy was approved by the committee'.

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Organize Logically

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Arrange your arguments in a logical progression for clarity and persuasiveness. Example: Start from the general premise and move towards specific evidence.

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Use Precise Language

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Choose words that convey the exact meaning needed for legal nuances. Example: 'The defendant was charged with larceny' not 'The defendant stole'.

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Consult Authoritative Sources

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Base your legal analysis on well-established and recognized sources. Example: 'According to the Restatement (Second) of Contracts ...'

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Contextualize Quotations

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Introduce and explain quotations to show their relevance to your argument. Example: 'As Justice Kennedy stated, "...", which demonstrates ...'

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Be Persuasive

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Use rhetorical devices such as logos, ethos, and pathos to convince your reader. Example: 'The evidence clearly indicates that ...', appeals to logos.

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Use Topic Sentences

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Begin each paragraph with a topic sentence that states the main idea. Example: 'The main argument for the plaintiff’s case is ...'

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Use Footnotes for Non-Essential Information

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Place supplementary material in footnotes to avoid disrupting the main text. Example: 'The argument (see footnote 1) proceeds on the assumption that ...'

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Edit Ruthlessly

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Review and revise your writing thoroughly to enhance clarity, coherence, and correctness. Example: 'After drafting, I cut unnecessary words and clarified my thesis.'

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Acknowledge Ambiguity

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Recognize and address any uncertain areas in the law or your argument. Example: 'The statute is ambiguous in its scope; however, ...'

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Use Plain Language

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Avoid legal jargon and complex language when possible to make your writing clearer and more accessible. Example: Use 'end' instead of 'terminate'.

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Distinguish Between Mandatory and Permissive Authorities

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Distinguish whether a legal authority requires or merely permits an action. Example: 'Statute X requires ...', not 'Statute X allows ...' for a mandate.

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Develop a Clear Thesis

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Clearly state the main argument or proposition of your writing. Example: 'The focus of this paper is to demonstrate that ...'

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Follow Citation Rules

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Use proper legal citation to give credit and authority to your statements. Example: According to Brown v. Board of Education, 347 U.S. 483 (1954), ...

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Balance Parallelism

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Use parallel structure in lists and comparisons to maintain readability and flow. Example: 'She likes reading, writing, and reviewing.'

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Anticipate Counterarguments

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Address potential opposition to strengthen your position. Example: 'While some might argue that ..., the evidence suggests ...'

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Include Factual Support

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Support legal arguments with relevant facts and evidence. Example: 'As shown by the witness testimony on March 4th, ...'

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Differentiate Holdings from Dicta

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Distinguish the legally binding parts of a decision from non-binding commentary. Example: 'The court's holding was ..., but the dictum stated ...'

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Interpret Statutes Narrowly

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Apply the principle of strict construction to interpret statutes in their narrowest sense. Example: 'Under a narrow reading of the statute, only ... qualifies.'

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Analyze, Don't Summarize

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Critically examine legal issues instead of simply summarizing the facts. Example: 'The court's reasoning is flawed because ...' rather than 'The court said ...'.

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Highlight Controlling Law

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Emphasize the legal precedents or statutes that govern the issue at hand. Example: 'Under the controlling case of Smith v. Jones ...'

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