APPENDIX A How to Punctuate puncaron isan elaborate cuing system by which you signal waders fancy move smoothly through Your sentences. Used propery, punc- to on helps you achieve emphasis and clarity. Used improperly, i taaiist the opposite. 10 fact, punctuation problems aze often a aeetnom of bad writing. AS one authority observes, “most errors of mation arise from il-designed, badly shaped sentences, and Fate attempt ro make them work by means of violent tricks with fronrnas and colons..." So learning punctuation is closely allied ift solid sentences. You can't have one skill with- with learning to craj wit the other. Hence the guidance below. 1.Comma—7 common uses, 5 common misuses Using Commas 1 Usea comma when you join two independent clauses with coordinating conjunction (such as and, but, or, nor, yet, oF So. «The United States is a common-law country, and its judges are common- law judges. wight: dozen lawyers were in the room together, and the discussion was complete and candid. -a to possession of cocaine and drug parapher- “+ He entered a no-contest ple: nals, but the court withheld adjudication and sentenced him to one year on probation. 12Use a comma after a t anintroductory phrase (especially a long one}, recedes an independent clause. Moore has not filed a cross-appeal. (Transitional word.) she majority opinion pointed out that ex: Jing the value of ransitional word or phrase (though not And or But), or a subordinate clause that + Significantly +n the second Reynolds appeal, t pers frequently rely on comparable sales when apprais property. [Introductory phrase.) + When the court addresses the question of ambiguity, it must focus on the contractual language itself, (Subordinate clause.) 13 Use a pair of commas to mark the beginning and end of a nonrestrictive Phrase or clause—that is, either an appositive or a phrase oF clause that Bes incidental or descriptive information that isnt essential to the mean- ‘ng of the sentence. Lag kes Davis, Grammar Without Tears 167 (1951) 147spun A. How 10 PUNCTUATE ras Arve ice officer, who is trained to overcom, e resist, {| the arrestee cannot escape a Pe without + Apoli force unt restrictive cla « Another authority, tive appositive.] tits dPine allegedly violated in this case, freedo st Amendment, is one of our most jung SPeech indam by the Fi ighes. (Nonzestrictive appositive,] tant Pt, "itor Using gelike BA the court, has pic aly i eg #, has picked up some of ¢, : forge ae slack 1.4 Use a comma to sepa rate items in a series—inc to-last. ele ea the term “reasonable doubt” is not designed to 2, he tor fanciful doubts. Include the comma becca «Jackson alleges that the October 2000 Teaseignment 1 imag. Jac pe banishment order were implemented without he dusal due process. (Include the comma before and.) atfording ft te, of cientific method has proved extraordinarily useful Proce spe raday, ballistics, handwriting, typewrting, iotoniea At matters {include the comma before and.) m, anda 1P28S vain voy emit 11s:Use a comma to separate adjectives that each qualify» noun i se 8 cothat is, when and could appear between the adjectives all sasriging the meaning ofthe sentence, or when you could eectives withoue changimder without affecting the meaning, 13 theaden « That is a simplistic, fallacious conclusion. 1 That io8 paoty processing of criminal eases did not begin with pl gaining at all. plea bar * Wilson is a reserved, cautious person. 1,6 Use a comma to distinguish indirect from direct speech «justice Salia ended by saying, "The decision isan act nt of judicial ju nent, but of political will” ie eancne ial workers provide a significant amount of mental treatment,” wrote Justice Stevens. site gion of statutory interpretation, there is an apocryphal tory oe ne auebrated Supreme Court Justice who remarked, “Because no ‘aalative history is available on this point, we will have to lok at the text of the statute.” 17 Use commas to separate the parts any comma before a ZIP code; (2} when writing jus don't separate them with a comma [July 2001), month, day, and year, omit the comma after the year if yo 1s an adjective (the November 20, 2000 hearing|. « since July 15, 1998, Samuel Keeling has lived at 29 Chen land, Oregon 97203. + Pollock wrote to them in April 2000 but never again. othe court refused to reconsider its February 12, 1999 privilege order of full dates and addresses, but: (1 omit ist the month and the year, and (3) when writing the u're using the date ry Street, PortAppenpix A. How ro Punctuare sysed Commas ‘comma between a subject and its ver. eventing Mist 11g Dont use @ Not sive prest this: The The use of the terms “irrebuttable pre: “ his: Te U5 resumption” and “conclu- » should be discontinued as useless 3 I : useless and confusing. But :mption,” eof the terms “irrebuttable presumption” and “conclusive 5: The ti should be discontinued as useless and confusing _ coum ease, male teachers a church peated sche sccived ot yaar supplement that was not provided to female heads shea Ps But this I eat eas) male eahers na churehopeated of howe eyed aed-o-amil Slay supplement that was not provided to female ‘heads of ‘households. ofan epee cri or on or union inspector, ay beheld Not tinder traditional tort concepts forthe negligent performance of lie inspection. But this: An insurance oarrier or e union: or union su0) “Tor may be held liable under traditional tor concepts forthe nel- Jean performance of such an inspection. a comma to set off a quotation that blends into the rest of the 19 Dont use sentence «Not this: fone doctrine is more deeply rooted than any other in constitu. No adjudication, itis that che Supreme Court, “will not pass on ques- tional consticutionality unless such adjudication is unavoidable,” But tors fone doctrine is more deeply rooted than any other in constitutional MGhdicaton, i is that the Supreme Court “will not pass on questions of csnstitutionality unless such adjudication is unavoidable.” «Not this: In lease cases, the related doctrine of constructive eviction has hoon held, “broad enough to include many different situations where the tphole or a substantial part of the premises is rendered unfit for the pur- pose for which it was leased” But this: In lease cases, the related doctrine of constructive eviction has been held “broad enough to include many diferent situations where the whole or a substantial part of the premises is rendered unfit for the purpose for which it was leased” ‘Not this: The Clinton administration joined in the petition on grounds that the Second Circuit's decision would promote, “postemployment blacklisting” But this: The Clinton administration joined in the peti- tion on grounds that the Second Circuit's decision would promote “post- employment blacklisting.” Luo Dont use commas to set off an adverb that needs emphasis. * Not this: ee Defendants are, therefore, entitled to qualified immunity. But : Defendants are therefore entitled to qualified immunity. the Court's attention. * Not this: Basis: We nevertheless, wanted to bring this to i fe nevertheless wanted to bring this to the Courts attention Dont us ha 96,4, comma inthe second part of a compound predicate—that is, md verb has the same subject as an earlier one. “A good by (No, cin ee address all the issues and analyze them intelligently. efore the and because brief is the subject of analyze) > 149150. Arrenpix A. How 10 PUNCTUATE «Quintanilla argued that Viveros had exculpatory i GGanged the prosecutors with ignoring it (No comma poy™ si cause Quintanilla is the subject of charged.) ' before the an «+ After surgery to his knee in May 1999, Rowe was fi ee ‘Miigament as a production planner but then was lid ef I ay {No comma before the but because Rowe is the subject of yrs 2 5 lid og 1.12 Don't use a comma as if it were a strong mark—a semicol 0, colon, o period. «Not this: One could view attendance at the football game five promise by Y, however it seems readily apparent that 38a eng sevora promise for which X has bargained. But this: One alteratn grtendance at the football game as an alternative promise by Fil vew items readily apparent that this alternative is nota promise for why, X has bargained. Or this: One could view attendance at the fata gs an alternative promise by Y. But it seems readily apparent ¢h Bame an an grve is not a promise for which X has bargained, (The abe srerithin a pair of ommas, cannot connect two independent lide 4 semicolon or period is needed.) es; «Not this: The United Nations recognizes forced evictions as one of the rot eauses of international displacement of persons, “the two issues soot ot be treated separately” But this: The United Nations recognizes forced evictions as one of the root causes of international displacement Mr potsone: "the two issues cannot be treated separately” (The comma in the original sentence created a grammatical error known asa “comma splice”=-joining two independent clauses with a comms.) 2, Semicolon—2 uses, 1 misuse Using Semicolons 2.1 Use a semicolon to unite two short, closely connected sentences the top court has tremendous discretion; it can usu: ‘In three-tier systems, ir and which to reject. ally decide which cases to heat «One side must make an offer; the other side must accept it 1 person who has been wronged often wants to win a fight; the su courtroom fight may furnish the means of relief 2.2 Use a semicolon to separate items in a list or series when (1) any single ae a se ntains an internal comma, (2} the enumeration follows a clon (or (3) the items are broken into subparagraphs. tin, Texas, Bellingho™, «The individual defendants live in four cities: Au Washington, Boston, Massachusetts; and Denver, Colorado. caeaninrreie ie tagefold [1 since the declarane knows her own state of ind, there is no need to check her perception; (2) since the statement of present state of mind, there is no need to check her memory: and Since state of mind isa issue, it must be shown in some way—and Be the declarant’ own statements are the only way. *To establish causation and intention in emoti plaintiff is generally required to show that: (1) the plaintiff was present when the injury oc [the plain was» close relative ofthe injured person 82 blimated jonal-distress cases, the curred to the other perso"Arvenpix A. How ro Puxcruare 151 hne defendant knew that the plaintiff was present and r was a close rela (3) of the injured person. tive preventing Misused Semicolons Js pont use a semicolon where a colon is needed—especally a iis pecially after a salu- «Not this: Dear Sarah; ... . But this: Dear Sarah: J Not this: Two major reforms took place; the overhaul of no-fault insurance and the enhanced oversight of insurance companies. But this: Two 2tforms took place: the ovechaul of no-fault insurance and ee ee oversight of insurance companies 3, Colon—4 uses, 1 misuse Using Colons 1 Ueea colon to ink two separate clauses or phrases when you need to ind cate a step forward from the first to the second—as when the second part Explains the first part or provides an example « After two hours, they reconciled: the chef apologized, and the owner re- hired him with a $10 raise. wiGademark can be seen as an advertising idea: it is a way of marking {goods $0 that they will be identified with a particular source Fer the stipulation did mot extinguish Highland’s uncertainty about eae sas buying: the precise scope of PetzoLink’s compensatory and other duties remained in doubt. |32 Use a colon to introduce a list—especially one that is enumerated or bro ken down into subparagraphs. the crimes of all other conspirators if rere committed in further- + Each conspirator may be liable for natural and two conditions are satisfied: (1) if the crimes we ance of the conspiracy’s objectives, and (2] ifthe crimes were a probable consequence of the conspiracy. * The seller may do any of four things: (a) ‘withdraw and terminate the con- tract, while remaining free to sell the property ‘elsewhere; (b) force the buyer to pay the price through an action for specific performance; {c) sue foractual demageo, or (d) retain any down payment made by the buyer 2° liquidated damages. “Inthe absence of an agreement to the contrary, the seller need not see that the goods reach the buyer but need only: [alput the goods into the hands of a reasonable cartier and make a 28800" by - contract for their transportation to the buyer: von shtain and promptly tender any documents required by the contract © y trade usage to enable the buyer to take possession: and ( 3 ee Promptly notify the buyer of the shipment. glen #0 introduce a wholly self-contained quotation, especially & ound by precedent, *Alth no. Se some believe that lower courts are strictly im Viewatter how ill-fitting the result, Judge ‘Learned Hand opposed thisam 152 ‘a. How 10 PUNCTUNTE ApreNDix embarrassing for a lower court to sa seis nae etd deoons of higher our Het th ome feguse they parallel others in Which the yet emi verre, beta contrary view. I agree that one shouig Ve cy fos extn the ace of cana lily fehl in pothing ‘has yet aPI eared to satisfy me that the case ay bar: Wed hing Nas desuable fora lower court embrace the 8 ofthat kind. NOTey of ansiipating a doctrine that may bein the wttt opportunity of Sith is distant, on the contrary Tconciye OP agure of its duty is £0 divine, as best it can, what would atte pe cat of an appeal in the case before it. the lic outery over the Hinckley case, Co + ed a pub given rule i Statutory form: hay silly © i tive defense to a prosecution under any fede isan me e defenss mmission of the acts constituting ee that at ee eon, asa result ofa severe mental disease rd : fense the de gppresate the nature and quality oF the wronghae was unable Manta dsease or defect does nor otherwise constitute a defense. + Molholt May : "My first hypothesis was that if person the plant atthe time of the accident can be shown to hye ee immunosuppression ten years later then they must have seg crmpeed to atleast 100 rems during the accident.” | report states {3:4 Use a colon after the salutation in correspondence. (A comma is acceptable in informal letters.) « Dear Judge Reavley: «Dear Ms, Grogan: Preventing Misused Colons 3.5 Don't use a colon to introduce a quote tence. ‘+ Not this: The real issue is what has been called: “the most difficult prot see ineriminal procedure todas.” But this: The real issue is what has b called “the most difficult problem in criminal procedure today.” «Not this: In this sense, there is much wisdom in the apparently extrem: aphorism of Jefferson that: “every constitution naturally expires at th end of 19 years.” But this: In this sense, there is much wisdom in th apparently extreme aphorism of Jefferson that “every constitution nat rally expires at the end of 19 years.” «Not this: The House Report stated that the purpose of the legislation w: to close the back door on illegal immigration so that the front door cn legal immigration may remain open. The principal means of closing the back door, or curtailing future illegal immigration, is through employer sanctions, Employers will be deterred by the pen: site mae ole Soe ene unauthorized aliens. And this, coe EA See illegally or violating their But this: The House Report stated that the purpose of the legislation was to close the ba to cose the back door on ilegal immigration so that he front door igration may remain open. The principal means of ation or list that blends into your sen.‘Aovenoot A. How To Puncruare closing the back dor, or cualing aus el it {ostigh employer sanctions. Employers will be deterred by the pent ae is legislation from hiring minced eae soi a aitfgun, will deter aliens from entering illegally or viol rns status in search of employment ing their 4, Parentheses—4 uses 111 Use parentheses to set off an inserted phrase, clause, or sentence that you want to minimize sf we increase the punishment, some people jnot everybody wil sto ing the deed from fear of punishment. ae) ee Once a child is born alive {assuming that the wife does not die in child- birth|, the husband's shared freehold is converted into a life estate in his ‘own right in his wife's freeholds. «Sony and Toyota, if they were American companies, ‘would have hundreds spit ars on their payroll at their beck and call on WallStreet (Maybe their American subsidiaries do.| Lawyers in the United States do things ‘that are not done—or not done by Jawyers—in Japan. 42 Use parentheses to introduce shorthand names. (CQT", the test method that -xaminer asks three types of jon marks within the hat judges preler ‘In the Controlled Question Technique a polygraph examiners use most often, an © questions: neutral, control, and relevant. [The quotat parentheses are optional. An informal survey suggests © them.) + Serjeant Silk alleges that the City violated the tie Ave ADAT be diseriminating against him because of is sleep ¢P0e, (Although quotation marks would be optional —|"ADA"}—they are less common and less desirable around well: known shorthand names.) sFettumars Sotabonst Crescent Shipping Company end Somes, Ser, cent Terminal Company feollectively “Southeast”] ar Pore) ie tact with the Interetional Longshore Workers’ Assocation 10 “Americans with Disabili- (the Union"), - 1 cing it in fect Teeseses Ud sce ox levees when. vote HARE tems ce of appeal when. “This, : in the noti our has reviewed orders nt apecified tt oredr (0) there i a i connection between the spe the ae intention to appeal the unspecified part 'S agate the fnsueg © Party is not prejudiced and has @ full opportunity ivacy in a ca * Ohio law re un cognizes a claim for invasion of PP legtated appropriation or exploitation of one personal ote neat of one's private affairs with which the public has 0 ties in @ angen 8) the wrongful intrusion into one’ Priva “The couy that outrages or shames a person of ordinary sensi ering the foloyintt Must determine the propriety of the remark by oO ement; (b When Seton: (a) the nature and seriousness © st : Gieneh “efense counsel invited it; (e} whether the eS Winsted heey eb fl wheter es se of {1} the (2) the pub- 153~ How 70 PUNCTUATE 154 APpewonx A vortunity to respond to the improper statem y Proper statement, and ie the opp’ the ophine ofthe evidence Was against the defendant Wheth . arentheses to denote subparts in a citation—or, in a c, 44 ee pefsrmation about the court and the year, 5 ltation, ty «Fed, R. Crim. P. 41/4 #12 U.S.C. § 1821(d)(11)(A). 2 Southfork Sys., Inc. v. United States, 141 F3d 1124 (Fed. Cir, 1998 5, Em-Dash (or Long. ‘Dash)—3 uses, 1 misuse Using. ‘Em-Dashes Pea pair of enrdashes to set off an inserted phrase that, because of coe itfies, needs to go in the middle of a sentence. what «the Declaration of Independence, in its expressive force binding al sre tents’"—national, state, county, and city—doesnt declare itsel py, Stave” «The plaintiffs here—two young children and their parents—have sued city for violations of their constitutional rights e «The argument is that testimony from Chancey—if she had given it— sid have been enough to get those statements into evidence as prior recollections recorded. 452 Use a pair of em-dashes to set off a parenthetical phrase that you want to highlight. « Aceident law—the heart of the legal field we call torts—is basicaly the offspring of the 19th-century railroad. eThe enumerated rights found in the Constitution and in our Bill of Rights--the first ten amendments—are insufficient to found a system broad and comprehensive enough for a really free people. «The majority—as Justice John Marshall Harlan pointed out in his dis ssent--brushed aside evidence of subhuman work conditions. 5.3 Use an em-dash to tack on an important afterthought, it 100,000 private security guards toted + In 1992, it was reported that about /s 30 largest ‘guns—more than the combined police forces of the country’ cities. Overtime parkers now have to pay a big fine and run around the city to reclaim their cars—a colossal nuisance. + The lawyers’ special province is not peopled with human beings in their full humanity, but with types—that is, with human beings only as they fit into legal categories. Preventing Misused Em-Dashes 5.4 Don't use more than two em-dashes in a sentence. “Not tis Inthe several matters involved in the Noia ease, the Supreme at denied certiorari four times—the first of these in 1948—before it finally decided the case 15 years later—in 1963. But this: In the several asters involved in the Noia case, the Supreme Court denied certiorari times—the first of —I the case ge ies the fst of these in 1948-—efore it finaly decidedAprenpix A. How To Puncruare cenot this: Normally there is no difficulty in ascerea Not property—but if there is difBeulty for exerts (ng aitled to oe Peether a missing Deneiciary is live or adder kenge the personal representative to distribute the cae aan that missing claimant is dea, or on some her eb sumption. But this: Normally there i no difficulty in eae astled to the property. But if there is dificulty—for ecamne wie ssentitthown whether 2 missing beneficiary is alive or Faced the omar i en horze the personal representative to distribute the otate on the nay ation that @ missing claimant is dead, or on some other paves She assumption. 4 EnDash (or Short Dash)—I use, 1 misuse Using En-Dashes 6, Use an en-dash as an equivaler express tension or difference, carry equal weight. 233-34 «love-hate relationship «+ contract-tort doctrines ant of to (as when showing a span of pages), to ‘or to denote a pairing in which the elements Preventing Misused En-Dashes 62.Donf use an en-dash in place of a hyphen or an em-dash. “Not this: The state-court action disposed of her, wrongful-dischatae Ne ese, aaie const accion, duno RE mA discharge claim. cae a ure upheld the wage-and-hour laws, But this: The court upheld the wage-and-hour laws. “Not this: A Knowledgeable bench can smooth the road for @ sound-or @ persuasive argument, But this: A knowledgeable bench can smooth toad for a sound—or a persuasive—argument | Hyphen—2 use 5 es, 2 misuses (ts Hyphens ea hyphen to connect the parts of a phrasal se words function together to modify a noun adjective—that is, a phrase 1 their end-oF-the-year igthe noun phase Ja fying the noun dol Tages law students are sometimes unready fo (Ou (Fis-year isa phrasa adjctve moda dang 24 0fthe-year isa phrasal ‘adjective modi a Our applied the eommon Law mirror image rae. (Sot common ae ra mee ase ae phrasal adjectives ‘modifying rule. When Us “The ;, common law is unhyphenated both yg soe insurance clause od the ated subrogation la were cg be invalid because they conflicted with ine plains maine Ding SC policy. (enefl-ofansarance i a Ph ate mes “hes the nowy aiverof subrogation "modifies clause; marine-cors in phrase insurance policy.) 155a pgemacex A, How 70 BONCTUATE 7.2 Use « hyphen when « Thee-fifths of those present concurred. rae tpied ofthe punitive damages were eliminated by Temittituy ‘Preventing Misused Hyphens ire ca hyphen after a prefix unless (1) the solid 73 or om tt-ntellectual (2) the primary word is form Bike a proper noun (68, roa Hobjeldian|, (3) the prefix ieee owen a pore contacto doctrine) or () the unhyphenated fawn (es Maning lee, prejudicial vs. preyudicial hi vrei The co-defendant was 4 NOn-Pactcing attorney. Baty et ane was a nonpractiing attorney. his: thy otetenda co tenant was unable to collet the semi anna) Not thi pose judgment gamishments. Bu this: The cotenant yan even wih rahe ernianmual payments, even with postudemens a nishments. on Bi sriséipast The nonMarxist point of view ultimately prevailed. Bu Tike non Marxist point of view ultimately prevailed. this: hen (or even a pair of hyphens] in place of an em-dash «Not this: Frequently both sides wall let a neutral thied person - an arbitra aoe rvake final decisions. But this: Frequently both sides will let neutral {hin person_—an arbitrator—make final decisions «Not this: The correctional complex-the latest trend in federal comes Not oi vies of several institutions on one enormous plot oF lan, But tions es correctional complex—the latest trend in federal corrections — {hiss Ts of several institutions on one enormous plot of land. 156 spelling out fractions. a 7.4 Dont use a hyp! 8. Quotation Marks—6 uses, 2 misuses Using Quotation Marks 4.1 Use quotation marks when you're quoting a passage of 50 or fewer words, (Otherwise, set off the quotation.) im that he would be “out the door” if he com- + Vitalone’s supervisor told bi ¢ Plourde. (The writer is quoting the super- plained one more time about visor.) « Within earshot of both parents and pupils, Hennessy called the exhibition “disgusting” and the Cesaro painting “obscene” before leaving in the middle of class. (The writer is quoting Hennessy.) + A quarter-century ago, Justice Powell wrote: “The Government, as an em ployer, must have wide discretion and control over the management of its personnel and internal affairs.” 8.2 Use quotation marks when (1) referring to a word as a word or a phrase a phrase although italics are better if you do this frequently), or 2) provid: ing a definition. fat word “malice” contains an ambiguity. mae turned to the legislative history t0 + "Joinder” phrase “value as of the effective date of the plan.” means “the uniting of parties or claims in a single lawsuit” determine the‘Apmexix A. How 10 Puncrusrs 157 otation marks when you mean “so-called” or “ 83s Biled-but-not-tealy.” « certain forms of expression have been described as " ‘ne quotation marks mean "so-called?" sfek Burke, a “cable txoubleshooter” questioned Veazey about the mes: ‘pe. (Here the quotes mean “self-styled”; Burke calls himself a “cable tuoubleshooter.") stnmense effort has been made to discover the “origin” of the concept of consideration, to construct the “correct” definition of consideration and to express in words the true consideration “doctrine” by means of which the enforceability of informal promises can be determined. But there is no specific and definite “origin” to be discovered, no particular definition {an be described as the only “correct” one; and there never has been a tniform “doctrine” by which enforceability can be deductively deter- rmined, (The quotation marks show that the writer questions the accuracy of the words ‘self-styled,’ or even ‘illusory promises.” $4 Although quotation marks are traditionally used for titles of movies, songs, and poems (as well as articles), follow the standard form for legal citations. Consult the Bluebook (17th ed. 2000) or the ALWD Citation Manual (2000 + Inthe sereenplay “Concealed,” Marty obtains information from an elderly retired city clerk who sells tomatoes. ‘In his article entitled “Supply-Side Journalism,’ Seth Ackerman argues that the German welfare state has become so elaborate and labor costs so expensive that companies can't afford new workers. "The wording was intended as an allusion to John Donne's poem “Death Be Not Proud.” 5 Use single quotation marks for quoted words within quotations. “Inthat case, the plaintiff saw the driver coming and attempted to flee, but ‘va abl to get out because "the door tothe booth was ‘jammed and ‘trapping the plaintiff inside.” (The court’s language goes from the jem Side, but the court has quoted testimony in the phrasing *Iudge ee ‘stuck,) igachatls E, Wyzanski J, has observed of Justice Holmes: “His stat not marca 28 awareness that ‘the provisions of the Constitution are Oranie jeatical formulas having their essence in their form; they are Mer qué 8stitutions transplanted from English soi.” (Here the ‘The rons oles words in addition to Wyzanskis:) S (ar een the Constitution are not rmthematia formulas he knted in their form; they are organic living institutions trans- ay Eglish soil.’” (Here the wines quotes Wyzanski quoting esl gg tO using any of Wyzanski’s words. It would be betes Wr the gue dt9te Holmes directly—to find the original source 207 1g? Hons ti. Otherwise, this form is necessary. The citation wi ‘mean “* "88 quoted in” Wyzanski’s book, or to Wyzanski “quoting anf on™ Marks core % inside, 2) tly in relation to other punctuation: 1) periods colons and semicolons go outside; and (3) a¥es-158 Avvenoix A. HOW 72 PoncruarE «and exclamation points go either inside or outs tion marks an joted matter. side, Sen flow ether ehey're part of the di . ce officer testified that Jensen seemed “nervous,” a, re ae ts ie acer gg ane Pozen review of Eversham’s performance stated that wel gy my The wrvois was lacking” that his understanding of financial an snot gut an yeakness”; and that he had a “tendency to bulldoze poy a attribute the decline to “poor sales Projections" p ut «Did Pullman really n Pullman asked, “Did I really say that? Quotation Marks Preventing Misused ks for a phrasal adjective. 8,7 Don't use quotation mar ‘This “declining interest rate” scenario seems unlikely But thig ‘This declining. interest-rate scenario seems unlikely. Noe this: According to the “fraud on the market” theory ifthe marke wot in ilefrauded by miszepresentations, then plaintiffs who relied on te integrity of the market price when buying securities have presumptively ante o those misrepresentations. But this: According to the fraud on. TReanarket theory, if the market itself is defrauded by misrepresentations, then plaintiffs who relied on the integrity of the market price when buy- ing securities have presumptively relied on those misrepresentations, 8.8 Don't use quotation marks merely to emphasize a word. «Not this: There is not “any” evidence of this behavior. But this: There is not any evidence of this behavior. « Not this: Although the Bertelsby Company “claims” to have been harmed, it has produced no evidence to date. But this: Although the Bertelsby Company claims to have been harmed, it has produced no evidence to date. ‘= Not this: 9. Ellipsis Dots—3 uses 9.1 Use three ellipsis dots to denote that you've omitted something from within a sentence. + "Statutes in most states ... require the landlord to put the tenant in at; tual possession of the premises at the beginning of the leasehold term” [The quoter has deleted the phrase with but a few exceptions, which in the original was enclosed in a pair of commas.) * - immediate claimants have to be viewed . . . as members of classes tphose contours are by ao means self-evident.” (The quoter has comitte ie words in other words, whi i in a par cnet ich in the original were enclosed in 4 P# Serene 8 few of the recognized authority techniques « - » the 3% ae to group and phrase them in a way that shows how many dis, the wen 8 ase oF ofa doctrine there are.” (The quoter has om o commun Hehe 77, which in the original were enclosed in # pair o comma is retained as specified in rule 1.2.) 9.2. Use four dots—three something at the end ellipsis dots plus a period—when you've omitted of asentence. (A space goes before the first dot]r samanrest is neinher a conviction of crime nor even aia formal charge “thn a (The orginal sentence continued with the words tes oF ce onder holding person in custody unt he or she snsuee smplaint”) seol that this “discrimination based on union activ eons The cm anfait labor practice...” (The original sentence continued with tutes orig under NLRA §§ Sia) and (3), 29 USC §5 158) and 3") i vane reports of these companies made no reference to this avestina, > (The original sentence continued with the words "but afimes sion . tively asserted various other matters.") 4.3 Use four dots—a period plus three ellipsis dots—when you've omitted ma femal following a sentence, but the quotation continues. (No space goes before the first dot.) «+ "Seeking the admission of video and photographs of a witness is hardly unusual, .. . [Ajttacking a witness's demeanor, if relevant, is a fully accept. able and expected litigation tactic.” (The original passage reads: “Secking the admission of video and photographs of a witness is hardly unusual. Although to seek the admission of this evidence solely so that the witness is made to appear ‘evil’ may cross the line, there is nothing in the record that shows this purpose. On the contrary, attacking a witness's demeanor, if relevant, is a fully acceptable and expected litigation tactic.”) “The American court system is complex. Each state runs its own separate system of courts; no two state systems are exactly alike. ‘What makes ‘matters even more mixed up is the double system of courts in this coun. try: state and federal.” (In the original passage, this additional sentence came where the ellipsis dots now appear: “The details of court structure ‘an be quite technical and confusing, even to lawyers.”) *’The Council of State Governments has proposed, and a number of state legislatures have approved, three constitutional amendments. . . These Proposals, clearly a reaction against recent decisions of the Supreme Tap: reflect a spirit of localism for whose counterpart we would have co bie the sectional struggles before the Civil War or even to the position - cans, under the Articles of Confederation.” (The quoter has omitted ies sentence where the ellipsis appears.) Using pett—2 common uses, 2 common misuses tg Aposncenen ; 2 common misusi Use a a peneibe to indicate the possessive case. Ritict court's refusal to give a requested jury instruction is re- “She insinean abuse of discretion conceal ey she had had no knowledge ofthe ‘methamphetamine iy scape jee" telephone calls, tog, ing the peetsibility was to handle both agencies’ telephone 2%, 2 Use ree calls that originated from the Lopezes’ home. an a aly 5, POSttophe e Sing contac Imark the omission of one or more characters, ¢sP ind so also Wont diy (olwont ache Be ail straighe if you dont hold it straight 3 : ‘ples of ga CHfective system of law unless you give some hee legality a 159«Many lawyers use these estate-planning s, Many ew ont underttand why they dost «Back in the late ‘80s, the claimant was sto Back the for driving under the influence. 7?" ** © og, ey tions, + and m, any why dn the Preventing Misused Apostrophes 103 Generally, don‘ use an apostrophe to form a plural c1oss your ¢$.) PIUAL (But do yours «Not this: The evidence showed the applicant’ inte : Mt suggests to purchaser’ a successful mark already in wees? Mak But this: The evidence showed the applicant’ intent na SPY ano Bae ie ts to purchasers a successful mark already in weer + Not this: The Smith’s will attend the Jones’ open hous. Use by another ‘smiths will attend the Joneses’ open house. e. But this: Thy y « Not this: In the 19908 no zone is so intimate, personal, or ‘Nor tone from ee staring eye ofthe law. But this in the 1990 sie ig 20 intimate, personal, or private that it is immune eae staring eye of the law. 10.4 Don't drop necessary apostrophes. ‘an Forney then visited one of the hotels many shops. But this: Jean Forney then visited one of the hotel's many shops. «Not this: Reynolds went immediately to the Johnsons house, But this Reynolds went immediately to the Johnsons’ house, ‘= Not this: Je 11. Question Mark—1 use, 1 misuse Using Question Marks 11.1 Use a question mark after a direct question. « Does it make sense to talk about evolutionary change in the history of law? «© When is there no right answer to a question of law? eerie nicing a contract’ “plain meaning,” should a court loot general linguistic usage in che nation, or in the particulay locality? Should the court consider meanings attached to words by people in # particular occupation, religion, or ethnic group? ‘Which meaning should rare and i tac nt members ofthe same grour! Sboud aa question be resolved on the basis of which party had supswe ko Sige charging that party with knowledge of the meaning that the other side might attach to the language? Preventing Misused Question Marks 11.2 Dont use a question mark after an indirect question. ; 1 But 2 Not this: She asked whether anyone present had seen the accident this: She asked whether anyone present yhad seen the accident: one be + Not this: He wondered whether the weapon in questio® 93° 2° pair had confiscated from the athletic dorm? But this: He wonder i je weapon in question was the one he had con! etic dorm,APPENDIX A. How 10 Puncn 1» Point—I use, 1 misuse ation Points clamation point after an exclamatoy ry wo) ‘ecially when quoting someone else. “°" Phtase, or sen. nati 42. Exc" exclam 1 Use an ex! pefore plunging into the sea, the captain shouted, “Wee = uf Te going over now!" e es: "| snotlin seconds, there were cries: "Help! Man overboard!” ting Misused Exclamation Points Peeve Yt exclar ren Gencrally, dont use an. exclamation point to express your own surprise ‘or amazement. « not ehis: Yet they can't support this argument! But this: Yet they cant support ehis argument. ; : w Nat this: Despite this overwhelming precedent, the court held oth wise! But this: Despite this overwhelming precedent, the court held otherwise. 13, Period —3 uses 15.1 Use a period to end a sentence that is neither a question nor an excla mation. «European legal scholars make much of the distinction between public and private law. «But as many common-law scholars have pointed out, the distinction seems less and less relevant as time goes on 13.2 Use a period to indicate abbreviations such as Mr, Ms., Mrs., ete. «This theory was first put forward by Dr. Jurgen Schafer. * Though she had a Ph.D., she preferred to be called “Ms. Wheelock.” 13.3 Put the period outside parentheses or brackets that enclose only part of a sentence, but inside parentheses or brackets that enclose a complete sentence. * The Court has upheld a statute prohibiting local casinos from advertis- ing in a way that encourages residents to visit the casinos (as opposed to encouraging tourists). Awwill has no effect on joint-tenancy property because the will is purely @ testamentary conveyance (effective only at death, at which time the : decedent's rights in the property evaporate]. A plaintiff who establishes negligence but not malice also has to pro- = competent evidence of actual damages. (This changes the com- repuaaiw Tule that damages would be presumed by law for iniry to not oat n and did not require proof.) Actual damages may aoa in thew, {0F economic losses but also for injury to plaintiff's reputatio Community and for personal humiliation and distress.