Sentence Structure

Subject-Verb Agreement:

Subject-verb agreement ensures that the subject of a sentence agrees in number and person with the verb. In legal writing, it is crucial to maintain consistency and accuracy in subject-verb agreement to convey information correctly.

Here are some examples:

Incorrect: The jury delivers their verdict.

Correct: The jury delivers its verdict.

Incorrect: The defendant and the plaintiff agrees on the settlement.

Correct: The defendant and the plaintiff agree on the settlement.

Exercise: Identify the correct subject-verb agreement in the following sentences:

The company’s policies ___________ reviewed annually. (needs/need)

Each of the witnesses ___________ under oath. (testify/testifies)

The amendments to the contract ___________ necessary for the agreement. (is/are)

The judge and the jury ___________ responsible for reaching a verdict. (is/are)

The defendant’s actions ___________ a breach of contract. (constitute/constitutes)

Verb Tenses in Legal Writing:

Using appropriate verb tenses is essential in legal writing to accurately convey the timeline of events and actions. It is important to use the correct tense to indicate whether an action has already occurred, is ongoing, or will happen in the future.

Examples:

Present Tense: The court hears the arguments of both parties.

Past Tense: The defendant entered into a contract with the plaintiff.

Future Tense: The legislation will come into effect next year.

Exercise: Choose the correct verb tense for the given sentences:

The contract ___________ (expire/expires) on June 30th.

The plaintiff ___________ (present/presented) their evidence in court yesterday.

By the time the trial starts, the witnesses ___________ (prepare/will have prepared) their testimonies.

The new regulation ___________ (take/will take) effect next month.

The attorney ___________ (argue/argued) their case before the appellate court last week.

Active and Passive Voice:

The choice between active and passive voice affects the clarity and emphasis of sentences in legal writing. Active voice focuses on the subject performing the action, while passive voice emphasizes the action itself or the recipient of the action.

Examples:

Active Voice: The judge rendered the verdict.

Passive Voice: The verdict was rendered by the judge.

Using active voice is generally preferred in legal writing as it provides clarity and a stronger, more direct tone. However, passive voice can be appropriate in certain situations, such as when the doer of the action is unknown or unimportant.

Exercise: Rewrite the following sentences using active voice:

The contract was signed by the parties involved.

The case was dismissed by the judge due to lack of evidence.

The settlement agreement was reached by the negotiating parties.

The legislation was proposed by the government.

The decision was made by the appellate court.

Run-on Sentences and Sentence Fragments

Run-on sentences occur when two or more independent clauses are improperly joined, while sentence fragments lack a subject, verb, or complete thought. Both can hinder clarity and understanding in legal writing.

Examples:

Run-on Sentence: The witness testified, the jury listened attentively, they reached a unanimous verdict.

Sentence Fragment: In the case of negligence. Lack of due care.

To correct run-on sentences, use appropriate punctuation (comma, semicolon, or period) or conjunctions (and, but, or). Sentence fragments should be expanded to complete sentences.

Exercise: Identify whether the following sentences are run-on sentences (RO), sentence fragments (SF), or correct sentences (C):

The court heard the arguments of both parties, then it rendered a decision. (RO/SF/C)

In the case of breach of contract. Due to negligence. (RO/SF/C)

The plaintiff presented their evidence, the defendant cross-examined the witnesses. (RO/SF/C)

Despite the objections raised by the defense attorney. The judge allowed the evidence. (RO/SF/C)

The court rendered a decision, based on the facts presented during the trial. (RO/SF/C)

Parallelism in Sentence Construction:

Parallelism ensures consistency and balance in sentence construction. It involves using grammatically and structurally similar elements when expressing ideas or listing items.

Examples:

Lack of parallelism: The attorney argued persuasively, presenting evidence, and to ask for a ruling.

Parallelism: The attorney argued persuasively, presented evidence, and asked for a ruling.

Parallelism enhances readability, coherence, and the logical flow of ideas in legal writing.

Exercise: Identify the correct parallel construction in the following sentences:

The attorney’s duties include researching, drafting legal documents, and they represent clients. (researching/drafting/representing)

The court ordered the plaintiff to pay damages, attorney fees, and must attend a mediation session. (pay/attend/must attend)

The defendant was charged with fraud, forgery, and falsifying documents. (fraud/forgery/falsify)

The judge ruled that the contract was void, the defendant was negligent, and granted a temporary injunction. (void/was negligent/granted)

The plaintiff claimed breach of contract, fraudulent misrepresentation, and that the defendant engaged in unfair competition. (breach/fraudulent misrepresentation/engaged)

Clarity and Conciseness in Sentences:

Clarity and conciseness are essential in legal writing to ensure that ideas are expressed clearly and efficiently. Avoid excessive wordiness and use precise language to convey information accurately.

Examples:

Wordy: The court came to a conclusion that the defendant’s actions were in violation of the terms and conditions of the contract.

Concise: The court concluded that the defendant breached the contract.

Exercise: Revise the following sentences to improve clarity and conciseness:

It is important to note that the plaintiff has a duty to mitigate damages in order to avoid prejudicing their claim.

The purpose of this agreement is to establish the terms and conditions that will govern the relationship between the parties involved.

Due to the fact that there were no witnesses present, it is impossible to determine the authenticity of the document.

The court made a determination that the defendant’s actions were inconsistent with the requirements of the law.

It is the responsibility of the attorney to provide an explanation of the legal options that are available to the client.

By applying the principles of clarity and conciseness, legal writing becomes more effective, eliminating unnecessary verbiage and ensuring that information is conveyed accurately and efficiently.

Subject-Verb Agreement

In legal writing, subject-verb agreement is crucial to maintain clarity and accuracy. It ensures that the subject and verb in a sentence agree in terms of number (singular or plural) and person (first, second, or third). Understanding and applying the rules of subject-verb agreement helps convey information correctly and prevents confusion.

Here are the key rules to consider:

Singular Subjects and Singular Verbs:

Example: The plaintiff files a complaint against the defendant.

The singular subject “plaintiff” agrees with the singular verb “files.”

Plural Subjects and Plural Verbs:

Example: The witnesses provide their testimony in court.

The plural subject “witnesses” agrees with the plural verb “provide.”

Subject-Verb Agreement with Compound Subjects:

Example: The company and its shareholders agree to the terms of the merger.

When the subjects are connected by “and,” they form a plural compound subject that requires a plural verb.

Subject-Verb Agreement with Indefinite Pronouns:

Example: Each of the defendants denies liability.

Indefinite pronouns like “each,” “everyone,” and “anyone” are singular and require singular verbs.

Subject-Verb Agreement with Collective Nouns:

Example: The committee makes its decision after careful consideration.

Collective nouns like “committee,” “jury,” and “board” can be singular or plural depending on the context and agreement of the members.

Exercise: Identify the correct subject-verb agreement in the following sentences:

The new regulation ___________ (affect/affects) all businesses in the industry.

None of the evidence ___________ (support/supports) the defendant’s claim.

The court’s decision ___________ (have/has) far-reaching implications.

Both parties ___________ (agree/agrees) to settle the dispute out of court.

One of the plaintiffs ___________ (submit/submits) additional evidence for consideration.

The members of the board ___________ (review/reviews) the proposed amendments.

Each of the witnesses ___________ (provide/provides) their account of the incident.

The company and its subsidiaries ___________ (operate/operates) in multiple jurisdictions.

Several documents ___________ (contain/contains) sensitive information.

The judge, along with the jury, ___________ (deliberate/deliberates) on the verdict.

Consistent Verb Tense in Legal Writing

Maintaining consistent verb tense is crucial in legal writing to ensure clarity, accuracy, and coherence. Consistency in verb tense enhances the reader’s understanding of the timeline and sequence of events. This section provides guidance on using verb tenses consistently within sentences and across legal documents.

Verb Tense Agreement

Consistent verb tense agreement is essential within a sentence, especially when referring to multiple actions or events. When discussing related actions or events, choose the appropriate tense and maintain it throughout the sentence to avoid confusion.

Examples:

Inconsistent: The plaintiff presented their evidence and will cross-examine the witness.

Consistent: The plaintiff presents their evidence and cross-examines the witness.

Exercise: Choose the correct verb tense to ensure consistency in the following sentences:

The defendant confessed to the crime and will/was sentenced to imprisonment.

The legislation has been/will be amended to address the issue.

The court heard the arguments, reviewed the evidence, and will/was rendering a decision.

The contract was/is being negotiated, and the parties will/were expected to reach an agreement.

The witness testified, providing crucial information that supports/will support the plaintiff’s case.

Verb Tense Consistency Across Legal Documents

Maintaining verb tense consistency is equally important across legal documents, such as contracts, pleadings, and legal opinions. Consistent verb tenses create a unified and coherent narrative.

Examples:

Inconsistent: The contract states that the payment shall be made in installments, and the parties agreed to a one-year term.

Consistent: The contract states that the payment shall be made in installments, and the parties agree to a one-year term.

Exercise: Revise the following paragraph to ensure consistent verb tense:

“In the complaint, the plaintiff alleged that the defendant breached the contract by failing to deliver the goods on time. The defendant denies the allegations and argues that the plaintiff is/was responsible for the delay. The plaintiff seeks/seeks damages for the financial losses incurred.”

Shifting Tense for Reporting Past Events

When reporting past events, legal writers often shift to past tense to maintain consistency. This practice creates a sense of objectivity and distance from the events being discussed.

Examples:

Original: The court holds that the defendant is/was liable for negligence.

Revised: The court held that the defendant was liable for negligence.

Exercise: Rewrite the following sentences to shift the tense appropriately for reporting past events:

The judge finds/found the witness’s testimony credible and admissible.

The appellate court affirms/affirmed the lower court’s decision.

The statute requires/required parties to disclose relevant information during the discovery phase.

The judge determines/determined that the defendant’s conduct constitutes/constituted a breach of contract.

The court declares/declared the statute unconstitutional and strikes/struck it down.

Pronoun-Antecedent Agreement

In legal writing, pronoun-antecedent agreement is crucial to ensure clarity and avoid confusion. Pronouns must agree in number, person, and gender with their antecedents, which are the words they refer back to.

Here are some important rules to remember:

Number Agreement:

Singular antecedents require singular pronouns, while plural antecedents require plural pronouns.

Example: The company released its financial statements. (Singular antecedent: company, Singular pronoun: its)

Example: The employees submitted their timesheets. (Plural antecedent: employees, Plural pronoun: their)

Person Agreement:

Match the pronoun’s person (first, second, or third) with the antecedent’s person.

Example: I will review my client’s case. (First person pronoun: I, First person antecedent: my client)

Example: You should provide your identification documents.

(Second person pronoun: You, Second person antecedent: your identification documents)

Example: The plaintiff presented his argument. (Third person pronoun: his, Third person antecedent: the plaintiff)

Gender Agreement:

Use pronouns that match the gender of the antecedent whenever gender is specified.

Example: The judge issued her ruling. (Feminine antecedent: judge, Feminine pronoun: her)

Example: The attorney prepared his closing statement. (Masculine antecedent: attorney, Masculine pronoun: his)

Example: The party must submit its evidence by the deadline. (Neutral antecedent: party, Neutral pronoun: its)

Exercise: Choose the correct pronoun that agrees with the antecedent in the following sentences:

Each of the witnesses must testify under oath. _______ will be asked questions by the attorneys. (He/They/She)

The court dismissed the case as _______ lacked sufficient evidence. (He/They/It)

The defendants pleaded guilty, and _______ accepted responsibility for their actions. (He/They/She)

The statute provides employees with the right to file _______ complaints. (Their/His/Your)

The judge is known for _______ thorough analysis of legal precedents. (Her/His/Their)

Exercises

In a breach of contract case, the plaintiff alleges that the defendant failed to fulfill their contractual obligations. The plaintiff claims that the defendant’s non-performance resulted in significant financial losses. The defendant, in their defense, argues that they were prevented from performing their obligations due to unforeseen circumstances beyond their control. Both parties have presented their arguments before the court, and the judge is now tasked with determining whether there was a breach of contract. The judge carefully reviews the evidence, including the terms of the contract, communications between the parties, and any relevant legal precedents. Additionally, the judge considers the applicable laws and legal principles governing contract disputes. The court’s decision will have far-reaching implications, as it will not only resolve this particular case but also establish legal precedent for similar situations in the future.

Legal Grammar Questions:

What is the verb tense used to describe the plaintiff’s allegation? (present/past/future) 

Is the pronoun “they” in the sentence “The defendant, in their defense, argues…” grammatically correct? (yes/no) 

What type of clause is the phrase “due to unforeseen circumstances beyond their control”? (adjective/noun/adverb) 

What is the subject of the sentence “Both parties have presented their arguments before the court”? (plaintiff/defendant/parties) 

What part of speech is the word “governing” in the phrase “the applicable laws and legal principles governing contract disputes”? (verb/adjective/noun) 

Answers:

Answer: present

Answer: yes

Answer: adverb clause

Answer: parties

Answer: adjective

In a personal injury lawsuit, the plaintiff alleges that the defendant’s negligent actions caused them harm and resulted in severe physical and emotional distress. The plaintiff seeks compensation for medical expenses, pain and suffering, and lost wages. The defendant, in their defense, denies any wrongdoing and contends that the plaintiff’s injuries were not a direct result of their actions. The parties have engaged in extensive pre-trial negotiations but have failed to reach a settlement. Consequently, the case proceeds to trial. During the trial, both parties present their evidence, including witness testimonies, medical records, and expert opinions. The judge carefully instructs the jury on the applicable legal standards and the burden of proof. After careful deliberation, the jury renders its verdict, determining whether the defendant is liable for the plaintiff’s injuries and if so, the amount of damages to be awarded. The court’s decision will have significant implications not only for the parties involved but also for future personal injury cases, as it will establish precedent and shape legal interpretations in this area of law.

Legal Grammar Questions:

What is the verb tense used to describe the plaintiff’s allegations? (present/past/future)

Is the noun “compensation” in the sentence “The plaintiff seeks compensation for medical expenses…” countable or uncountable? (countable/uncountable) 

What type of clause is the phrase “that the defendant’s negligent actions caused them harm”? (adjective/noun/adverb) 

What is the verb form in the sentence “The parties have engaged in extensive pre-trial negotiations…”? (present participle/past participle/gerund) 

What is the function of the phrase “to be awarded” in the sentence “the amount of damages to be awarded”? (adjective/adverb/noun) 

Answers: 

Answer: present

Answer: uncountable

Answer: adjective clause

Answer: past participle

Answer: adjective

Question:

Identify the correct verb form to complete the sentence: “The plaintiff __________ their case before the jury.”

a) Presents b) Presented c) Presenting

Answer: b) Presented

Explanation: In the sentence, “The plaintiff __________ their case before the jury,” the verb should be in the past tense to match the subject “plaintiff” and indicate a completed action. Therefore, the correct verb form is “presented.”

Question: 

Choose the correct verb form to complete the sentence: “The appellate court __________ the lower court’s decision.”

a) Affirm b) Affirms c) Affirming

Answer: b) Affirms

Question:

Select the appropriate verb form for the sentence: “The attorney __________ the witness during cross-examination.”

a) Questions b) Questioned c) Questioning

Answer: b) Questioned

Question:

Identify the correct verb form to complete the sentence: “The defendant’s lawyer __________ objections during the trial.”

a) Raise b) Raised c) Raising

Answer: b) Raised