Questions tagged [legal-writing]

For questions about legal drafting, and its interpretation.

44 questions
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What is the effect of saying "we reserve our (client's) rights" when writing to another party to a dispute?

In communication between parties to a dispute, the phrase we reserve our client's rights is often included. I've only ever seen this used by solicitors acting for a client in a matter, but I would imagine that it would have the same effect if used…
jimsug
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How do you pronounce and hand-write the symbol §?

How do you pronounce and write by hand the symbol §, which is used extensively in legal writing? And what do you call the symbol? For example, "#" is called the number symbol or hash. "&" is called "ampersand." Should I call it "the section…
aparente001
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What is the purpose of including "without prejudice" in communications between parties?

In communication between parties in legal matters, the phrase without prejudice is often included. I've also seen it used in the phrase without prejudice, save as to costs. What is the purpose and legal effect of this?
jimsug
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If legal code numbers ever get revised

Wondering if code numbers such as 31 U.S. Code § 5330 ever get revised. So one day it is like this: Title 31 › Subtitle IV › Chapter 53 › Subchapter II › § 5330 › (a) › 1 And the next day it becomes: Title 35 › Subtitle I › Chapter 10 ›…
Lance
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The effect that listing permutations has on the power/legitimacy of a legal document

Many legal documents follow along the same lines as this one, saying: For purposes of this Agreement, “Confidential Information” means any data or information that is proprietary to the Disclosing Party and not generally known to the public,…
Lance
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What is the standard or most frequently used citation style used in law journals?

For example, most major science journals tend to use APA citation style, whereas most major humanities journals utilize MLA (8th edition I believe is the most recent). What citation style do most law/legal journals utilize? On the side, are…
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Can an unwritten law be considered a law, with legal effect?

A question came up with a friend over dinner. In societies that have no written language, are their laws considered to have legal effect? Does a law have to be written down in order to be considered a law and enforced?
huginn
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If legal documents need "fill in the blanks", or if you can do it in a more structured way

In legal documents you often find stuff like this: Lorem ipsum. I ______________ will do ______________ by the date __________________. Until then, ________________ will be the contact point for ______________, herein after called…
Lance
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What is the format of an affidavit of declaration for signing in the vernacular language of a deceased person?

A person has signed in her vernacular language in some official documents and she has passed away. In her identity document, her name is written in English. As a nominee, her son is asked to provide an affidavit which will declare that the person…
Tapas Bose
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The comparative degree and superlative degree: what to do when comparing uncertain number of things?

According to Do's, Don'ts, and Maybes: Legal Writing Grammar - Part II: Use the comparative degree to compare two persons or things. Use the superlative degree to compare more than two persons or things. But what if the number of persons or things…
xuhdev
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How to include a large number exhibits

I have been struggling to find the best way to mention and list the enclosures for a complex complaint/dispute letter to my financial institution. I have to include at least 45 documents. Should I name or number each one then make a list of these…
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What means "that the claimant fails to meet the required standard for the prima facie case"?

Kindly see the emboldened sentence. What does it mean? Just because "facts fall under the general rule, but not the more nuanced cases" doesn't mean your facts don't relate to those cases. Analogies are never a perfect fit. I think the author wrote…
user35965