Core Grammar For Lawyers Post Test

Core Grammar for Lawyers: Post-Test and Comprehensive Review

This post-test and comprehensive review delves into the core grammatical concepts crucial for legal professionals. Accuracy in legal writing is paramount; a single misplaced comma can alter the meaning of a contract or legal document, leading to significant consequences. This resource aims to solidify your understanding of key grammatical principles and provide ample opportunity for self-assessment.

Part 1: Post-Test

Before we dive into the review, let's test your knowledge. Answer the following questions to the best of your ability. The answers and explanations are provided in Part 2.

Instructions: Choose the best answer for each multiple-choice question.

1. Identify the sentence with correct subject-verb agreement: a) The jury were deliberating the case. b) The data is compelling. c) Each of the witnesses have testified. d) None of the evidence are admissible.

2. Which sentence uses the correct pronoun case? a) Between you and I, the verdict was unexpected. b) The judge spoke directly to he and his client. c) She gave the documents to him and myself. d) The award was given to she and her team.

3. Select the sentence with proper comma usage: a) However the lawyer argued passionately, his client was found guilty. b) The witness, nervous and hesitant, provided crucial testimony. c) Regardless of the evidence the jury reached a verdict. d) Frankly I think the trial was unfair.

4. Which sentence avoids dangling modifiers? a) Having reviewed the documents, the case seemed complex. b) After reviewing the documents, the case seemed complex to me. c) After reviewing the documents, the complexity of the case was apparent. d) The case seemed complex, after having reviewed the documents.

5. Identify the sentence with correct parallel structure: a) The defendant was charged with theft, fraud, and for perjury. b) The lawyer prepared diligently, researched thoroughly, and wrote effectively. c) The judge was known for her fairness, her intelligence and being decisive. d) The witness claimed to have seen, heard, and to have smelled smoke.

6. Which sentence correctly uses the colon? a) The judge gave her ruling: therefore, the case was dismissed. b) There are several factors to consider: time, cost and practicality. c) The verdict was: guilty. d) The lawyer's closing argument was powerful; consequently, the jury deliberated carefully.

7. Choose the sentence with correct semi-colon usage: a) The jury found the defendant guilty; however, the judge granted a new trial. b) The case was long and complex; it lasted for several months. c) The appeal was denied; and the defendant was sentenced. d) The evidence was overwhelming; the defense attorney couldn't counter it; he failed to win the case.

8. Identify the sentence with correct apostrophe usage: a) The lawyers' briefs were well-written. b) Its a complex case. c) The witness' testimony was crucial. d) Your'e going to need more evidence.

9. Which sentence demonstrates correct use of passive voice (when appropriate)? a) The defendant was apprehended by the police. b) The police apprehended the defendant. c) The lawyer meticulously crafted the legal brief. d) The judge will consider the evidence carefully.

10. Identify the sentence that is clear, concise, and avoids legalese: a) Pursuant to the aforementioned stipulations, the contract is hereby deemed null and void. b) The contract is invalid because of prior agreements. c) Herein, the parties agree to the terms and conditions set forth in the attached exhibit. d) The contract is canceled due to the previous deal.

Part 2: Post-Test Answers and Explanations

1. b) The data is compelling. "Data" is a singular, uncountable noun, thus requiring a singular verb.

2. a) Between you and me, the verdict was unexpected. "Me" is the objective case and should be used after a preposition like "between."

3. b) The witness, nervous and hesitant, provided crucial testimony. This sentence uses commas correctly to set off the participial phrase describing the witness.

4. c) After reviewing the documents, the complexity of the case was apparent. This sentence correctly connects the modifying phrase ("After reviewing the documents") to its logical subject ("the complexity of the case").

5. b) The lawyer prepared diligently, researched thoroughly, and wrote effectively. This sentence uses parallel structure with three verbs ending in "-ly."

6. b) There are several factors to consider: time, cost, and practicality. A colon introduces a list or explanation.

7. a) The jury found the defendant guilty; however, the judge granted a new trial. The semicolon correctly joins two independent clauses.

8. a) The lawyers' briefs were well-written. The apostrophe is correctly placed to show plural possession.

9. a) The defendant was apprehended by the police. Passive voice is appropriate here, emphasizing the defendant's apprehension.

10. d) The contract is canceled due to the previous deal. This sentence is clear, concise, and avoids unnecessary legalese.

Part 3: Comprehensive Grammar Review for Lawyers

This section provides a more in-depth look at the grammatical concepts tested in the post-test and expands on other essential areas.

A. Subject-Verb Agreement:

The subject and verb in a sentence must agree in number (singular or plural). This can be tricky with collective nouns (jury, team), indefinite pronouns (each, everyone), and compound subjects. Remember:

• Collective nouns can be singular or plural depending on context. Example: The jury was unanimous; The jury were divided in their opinions.
• Indefinite pronouns are generally singular. Example: Each of the lawyers has a different approach.
• Compound subjects joined by "and" are usually plural. Example: The plaintiff and the defendant were present.
• Compound subjects joined by "or" or "nor" take the verb form of the subject closest to the verb. Example: Neither the witnesses nor the defendant was credible.

B. Pronoun Case:

Pronouns have different forms depending on their function in the sentence (subject, object, possessive). Common errors involve using subjective pronouns (I, he, she, we, they) in objective positions, and vice versa.

• Subjective Case: Used as the subject of a verb. Example: She filed the motion.
• Objective Case: Used as the object of a verb or preposition. Example: The judge spoke to her.
• Possessive Case: Shows possession. Example: Her argument was persuasive.

C. Comma Usage:

Commas are essential for clarity and readability. Misplaced or omitted commas can significantly change the meaning of a sentence. Common comma uses include:

• Setting off introductory phrases and clauses: Example: After careful consideration, the judge dismissed the case.
• Separating items in a series: Example: The lawyer presented evidence, testimony, and exhibits.
• Setting off nonrestrictive phrases and clauses: Example: The witness, who was visibly nervous, gave inconsistent testimony.
• Separating independent clauses joined by coordinating conjunctions: Example: The defendant pleaded not guilty, but the evidence was overwhelming.

D. Dangling Modifiers:

A dangling modifier is a phrase or clause that doesn't clearly modify any specific word or phrase in the sentence. This leads to ambiguity and awkwardness. Always ensure that the modifier is clearly connected to its intended subject.

E. Parallel Structure:

When listing items, use parallel structure—maintain consistency in grammatical form. If you start with a verb, continue with verbs; if you begin with a noun phrase, maintain noun phrases throughout.

F. Colon and Semicolon Usage:

• Colons (:) introduce explanations, lists, or quotations. They should follow an independent clause.
• Semicolons (;) join two closely related independent clauses. They can also be used to separate items in a list that already contains commas.

G. Apostrophe Usage:

Apostrophes show possession or contractions. Remember:

• Singular possessive: Add ‘s. Example: the lawyer's brief.
• Plural possessive (if plural ends in s): Add an apostrophe. Example: the lawyers' briefs.
• Plural possessive (if plural doesn't end in s): Add ‘s. Example: children's toys.

H. Passive and Active Voice:

• Active voice: The subject performs the action. Example: The lawyer wrote the brief. (More direct and concise)
• Passive voice: The subject receives the action. Example: The brief was written by the lawyer. (Useful when the actor is unknown or unimportant.) Overuse of passive voice can make legal writing cumbersome.

I. Avoiding Legalese:

Legal writing should be clear, concise, and accessible. Avoid jargon, complex sentence structures, and archaic phrases. Use plain language to ensure your documents are easily understood.

Part 4: Practice Exercises

To further solidify your understanding, try these practice exercises focusing on the grammar points discussed above. Correct the grammatical errors in the following sentences.

1. Each of the witnesses claim to have seen the accident.
2. Between you and I, the case is complicated.
3. The judge, thoughtful and fair, she handed down her decision.
4. After arguing for hours the judge found in favor of the plaintiff.
5. The defendant is charged with assault battery and resisting arrest.
6. There are several important issues to address: time cost and effort.
7. The jury found the defendant guilty; and he received a lengthy sentence.
8. The witnesses' testimony's were inconsistent.
9. The evidence were carefully examined by the jury.
10. This here contract is null and void per the previous agreement.

Conclusion:

Mastering core grammar is critical for legal professionals. Accuracy and clarity are paramount in legal writing, impacting the interpretation and enforcement of laws and contracts. This post-test and comprehensive review offer a strong foundation. Continued practice and attention to detail will ensure your legal writing is both grammatically correct and persuasive. Remember to review style guides specific to your jurisdiction and practice area for further refinement.