Homework: Legal Language

Your responses should be to the point.Some responses may be quite short while others may require a paragraph.(10 pts each for 80 pts total)

1) In the early part of Ch 6, Tiersma criticizes the use of old-fashioned words in legal language. In this context, discuss the ambiguity of this sentence:

“My grandmother promised me a house and promised my brother the same.”

2) What does Tiersma say about the lists of words in the sentence below?Could a single verb replace any of the lists?Why do such lists appear in contracts? (Ch 4)

While this agreement is in effect, the Author shall not, without the prior written consent of the Publisher, write, edit, print, or publish, or cause to be written, edited, printed or published, any other edition of the Work, whether revised, supplemented, corrected, enlarged, abridged, or otherwise.

3) True or False(if false, make clear why)

Given a construction like “It’s illegal for any person to knowingly sell a prohibited substance to a minor,” Tiersma argues that the problem is that the sentence is confusing because it is too wordy. (Ch. 4)

4) Does the sentence below have a passive verb? If so, where is it? (Ch.. 5,12)

Decisions in regard to administration of medication despite inability of irrational patients appearing in Trauma Centers to provide legal consent rest with physicians alone.

5) Does the sentence below have nominalizations?If so, which words?What does Tiersma say about that feature? Try to rewrite the sentence to make it clearer. (Ch. 5,12)

Decisions in regard to administration of medication despite inability of irrational patients appearing in Trauma Centers to provide legal consent rest with physicians alone.

6) Look at the following group of sentences.Discuss the relevant features (passive, nominalization) used in each sentence and their effect. Not all sentences may have a relevant feature. (Ch. 5,12)

John Doe injured the girl between 5 and 7 pm.

The girl was injured by John Doe between 5 and 7 pm.

The girl was injured between 5 and 7 pm.

The injury happened between 5 and 7 pm.

7) Does the first clause of the sentence below have an active or passive verb?Does the second clause (beginning with if) have an active or passive verb? Explain why you think the active or passive form was used as they are in this sentence

Payments of benefits will not be made by the company if the insured fails to provide notification of the loss.

8) How many negative forms are in the sentence below?1, 2 or 3

Why are so many negatives used here? (Ch 5,12)Try to rewrite it with fewer/no negatives.

The fact that the defendant did not testify is not a factor from which any inference unfavorable to the defendant may be drawn

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