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Legal Drafting Techniques
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This technique emphasizes the uniform and consistent application of terms throughout a document.
Consistency
This method uses real-world examples or hypotheticals to explain or support legal points or arguments.
Illustrative Drafting
In this technique, the drafter places the most important information at the beginning and end of paragraphs and documents.
Primacy and Recency
This technique ensures that terms are defined clearly to avoid ambiguity and potential disputes.
Definition of Terms
This drafting approach mandates that every provision should serve a purpose and be necessary for the document.
Purposeful Provision
In this method, the writer actively addresses potential counterarguments to strengthen the document's persuasiveness.
Anticipatory Rebuttal
Drafting that uses a direct and assertive tone to convey certainty and command in legal instruments.
Authoritative Language
This is a writing rule that suggests avoiding unnecessary words or phrases to make writing more concise.
Conciseness
This technique ensures that all necessary parties are included in legal drafting, with provisions relevant to all member criteria.
Inclusive Drafting
A technique in which legal drafters anticipate potential changes and developments that may affect the document in the future.
Dynamic Drafting
This tactic involves using established forms and precedents as a starting point to ensure accuracy and completeness.
Precedent-based Drafting
A practical technique where the drafter makes strategic use of formatting to enhance document readability.
Visual Clarity
This approach to drafting involves the gradual elimination of all ambiguous terms to create clear and enforceable language.
Iterative Refinement
This practice involves carefully choosing language that does not reflect bias or stereotypes and is sensitive to all readers.
Neutral Language
This technique involves starting with a general principle and following with specific details to create a logical flow.
Deductive Logic
A drafting method where complex clauses are broken down into sub-clauses to create a hierarchy of information.
Modular Drafting
This is a writing approach where each sentence follows logically from the one before, making use of transitional phrases.
Logical Sequence
This technique focuses on the audience, ensuring the language and style are appropriate for their level of understanding.
Audience Adaptation
This method involves explicitly stating what is not intended or covered by the document to prevent misinterpretation.
Exclusion Clarity
This drafting technique employs a consistent structural pattern across similar sections or provisions in a document.
Parallel Construction
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