Download Chapter Four Grammar

Chapter Four
Grammar
Judges, colleagues, and clients expect to see correct grammar in all lawyers’ written
work. Grammatical errors mar legal writing, even if it is eloquent, clearly reasoned, or
brilliant. Mistakes in grammar can change a sentence’s meaning, and sloppy usage may
confuse the reader. If a writer ignores grammatical rules, readers may wonder whether
the substance of a paper is correct.
Use this chapter as a reference to help you identify and fill gaps in your grammar
background. You can review the elements of sentence structure, techniques for
combining clauses, and lawyers’ most common grammatical errors. These include
pronoun usage, subject-verb agreement, dangling modifiers, and use of the subjunctive.
4.1 Clauses
A clause is a group of related words that contains both a subject and a predicate. Clauses
may be independent or subordinate.
4.1.1
Independent Clauses
A main clause is a grammatically independent unit that can stand alone as a sentence:
1.
On April 30, City Council approved A-1 zoning status for Pinebrook
Apartments.
2.
The Wild and Scenic Rivers Act sets aside rivers for preservation.
3.
Tele-Value has installed underground cable, cable television hook-ups,
and other related equipment on the property.
In a compound sentence, two main clauses are linked by a coordinating conjunction such
as “and,” “but,” “or,” “nor,” “for,” “so,” and “yet.” Add a comma before the conjunction:
4.
Dr. Lucas performed arthroscopic surgery on Ms. Brown’s left shoulder,
but she was noncompliant with recommended physical therapy.
5.
Ms. Belton’s videotapes constitute opinion work product, so they are not
discoverable.
Use a semicolon to join main clauses without a coordinating conjunction. The clauses
should be short and closely related in meaning:
6.
Mr. Hoover withheld facts from the government; he also made an obvious
effort to obscure those facts.
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Legal Writing: Form and Function
Main clauses also can be linked by a semicolon and a conjunctive adverb, which
expresses the relationship between the two clauses:
7.
The trial court ruled against the purchaser; however, the court of appeals
reversed that decision.
Exercise
Identify the main clauses in these sentences.
A. No document or consent agreement by American National exists, and no
consent was given.
B.
The revolving credit terminates automatically in the case of a default.
C.
If the joint clients are an insurer and insured, a conflict of interest may arise
during the course of the joint representation.
D. Claims of conflict of interest and failure to disclose conflicts usually are
not raised until the underlying suit against the insured has been settled or
brought to judgment.
Answers
A. Main clauses: “No document or consent agreement by American National
exists” and “no consent was given”
B.
The entire sentence is an independent clause.
C.
Main clause: “A conflict of interest may arise during the course of the joint
representation”
D. Main clause: “Claims of conflict of interest and failure to disclose conflicts
usually are not raised”
4.1.2
Relative Clauses
Relative clauses are dependent on the main clause. These subordinate structures serve as
adjectives, i.e., they describe a noun or pronoun. Adjective clauses begin with a relative
pronoun, e.g., “who,” “whom,” “whose,” “which,” or “that.”
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Jane N. Richmond, Ph.D.
When an adjective clause modifies an inanimate noun, use “which” or “that” to introduce
the clause. Nonrestrictive clauses begin with “which” and add information in a
by-the-way fashion about a precisely identified noun. In sentence 1, the adjective clause
is nonrestrictive:
1.
The partner based her argument on Tex. Tax Code Ann. §§171.251–
171.257, which deal exclusively with the forfeiture of corporate privileges.
The pronoun serves as subject of the dependent clause, which modifies “Tex. Tax Code
Ann. §§171.251–171.257,” the object of a preposition.
Restrictive clauses identify the modified noun by creating a subcategory. Begin these
clauses with “that”:
2.
Pharmi-Co manufactured an anti-cholesterol drug that caused harmful
side effects.
The restrictive clause modifies the object of the verb; the relative pronoun “that”
functions as subject of the dependent clause.
Use “who,” “whose,” and “whom” at the beginning of adjective clauses that describe
human nouns. If the relative pronoun serves as the subject of the subordinate clause,
“who” is the correct form. In sentence 3, “who” is the subject of the verb “purchased”:
3.
The class members who purchased individual units in the building sued
the seller for breach of contract.
This adjective clause modifies “the class members,” a noun phrase that functions as
subject of the independent clause.
When the relative pronoun represents the direct object or object of a preposition in the
adjective clause, use “whom”:
4.
The witness whom Axco wants to interview was a CEO at Porter when the
dispute took place.
In this dependent clause, “whom” is the object of the verb phrase “wants to interview.”
The clause modifies “witness,” the subject of the independent clause.
Use “whose,” the possessive form of the relative pronoun, to show ownership in an
adjective clause. Sentence 5 contains a subordinate clause that modifies the direct object
in the main sentence:
5.
The defendant will compensate plaintiffs whose rights have been violated.
Some adverbs introduce adjective clauses. Examples include “jurisdictions where . . .,”
“reasons why . . .,” and “times when . . . .”
Exercise
In these sentences, identify each adjective clause, the relative pronoun, its
function in the clause, and the modified noun.
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Legal Writing: Form and Function
A. Mr. Mead is a shareholder of Pacific Connections, Inc., which was a
qualifying S Corporation throughout its last fiscal year.
B.
Plaintiff, whom Atco Motors hired as an hourly employee, was fired for
falsifying company records.
C.
Fager, who is Decedent’s legal surviving spouse, will receive 90 percent of
his wife’s estate.
D. The court limited the total amount of punitive damages that could be
imposed upon an individual defendant.
Answers
A. 1. Adjective clause: “which was a qualifying S Corporation
throughout its last fiscal year”
2. Relative pronoun: “which”
3. Function: subject
4. Modified noun: “Pacific Connections, Inc.”
B.
1. Adjective clause: “whom Atco Motors hired as an hourly
employee”
2. Relative pronoun: “whom”
3. Function: direct object of “hired”
4. Modified noun: “Plaintiff”
C.
1. Adjective clause: “who is Decedent’s legal surviving spouse”
2. Relative pronoun: “who”
3. Function: subject
4. Modified noun: “Fager”
D. 1. Adjective clause: “that could be imposed upon an individual
defendant”
2. Relative pronoun: “that”
3. Function: subject
4. Modified noun: “damages”
4.1.3
Adverbial Clauses
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Jane N. Richmond, Ph.D.
An adverbial clause is a subordinate clause that functions as an adverb. These clauses
modify a verb, an adjective, an adverb, or the rest of the sentence. Subordinating
conjunctions introduce adverbial clauses. Clauses of this type explain time, location,
condition, cause, concession, comparison, purpose, or result.
4.1.3.1
Time
When an adverbial clause indicates time, begin the clause with a conjunction such as
“after,” “as,” “before,” “once,” “since,” “until,” “when,” “as soon as,” “now that,” or
“while.” In each sentence below, the underlined clause modifies the verb and explains
when the action expressed by the verb takes place:
1.
Before Lowell Co. purchased 60,000 shares of stock, Mr. Horton’s family
owned 10 percent of the company.
2.
After the discovery period expired, Mr. Little’s attorneys filed the Motion
to Compel.
3.
When money damages serve as an adequate remedy at law, equity will not
intervene.
4.1.3.2
Condition
Some adverbial clauses explain conditions that govern the action in the main clause.
Subordinating conjunctions such as “if,” “even if,” “unless,” and “provided (that)”
introduce conditional clauses. Each of the conditional clauses below modifies the verb in
the main sentence:
1.
Even if the bill of sale were unenforceable, the sale of Alice Cooper’s
interest violated her contract with Apex Company.
2.
According to the agreement, Axco must pay extra charges if Plimpton does
not receive payment by February 1.
4.1.3.3
Concession
Concession adverbial clauses begin with “though,” “although,” or “even though.” These
clauses contain an acknowledgment or admission by the writer:
1.
Although Mr. Simon acknowledges that Ms. Reese was entitled to these
documents, he did not show her the bill of sale until April 15.
2.
Even though Dr. Little testified that she exercised her option to purchase
stock on June 1, no corporate records reflect the alleged stock transfer.
Like temporal and conditional clauses, concession clauses modify the main verb.
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