1. What is the importance of correct use of grammar in Legal Writing?

What are the

salient rules/guidelines to remember in order to properly apply correct grammar?
Explain each rule briefly.
i. The importance of writing and grammar makes sense because legal rights and duties
are expressed in written words, and clarity is crucial. To use correct grammar is very
crucial in writing a legal document, not only because it is an important document,
but also because a legal document should be clearly understood by the reader. With
grammatical errors in a legal document, it may cause technical problems, and would
thus lead to certain problems.
ii. Rules/Guidelines:
I. SUBJECT-VERB AGREEMENT
o A singular subject takes a singular verb; while a plural subject takes a plural
verb.
II. PREPOSITIONAL PRASES
o Prepositional phrases that come in between the subject and the verb do not
affect subject-verb agreement rule.
III. DEPENDENT CLAUSES
o While there may be separate noun-verb agreements in dependent clauses,
but these should not affect the agreement of the main subject and verb.
IV. COMPOUND BUT REFERRING TO ONE THING
o Compound words that refer to one thing is singular and take singular verbs.
V. SINGULAR COMPUNDS THAT APPEAR PLURAL
o When a singular subject is joined by prepositions to other nouns or pronouns
(e.g., as well as, along with, together with, but not, etc.) the subject remains
singular taking a singular verb.
VI. COMPOUNDED SUBJECTS MODIFIED BY “EACH” OR “EVERY” IS SINGULAR
o Ex. Every Jai, Pedro and Juan in this place is a candidate.
VII. SINGULAR MEASUREMENTS BUT PLURAL IN APPEARANCE
o Mass noun phrases of measurements as well as names and titles in plural
form are singular.
VIII. COLLECTIVE NOUNS
o Are singular if the action is collective but plural if the action is individual.
Example of collective nouns: staff, committee, band, personnel, etc.
IX. NAMES OF SCIENCE OR THE PRACTICAL APPLICATION
o When the name of a science ending in “ics” is used to refer to the discipline
itself (e.g., economics, mathematics, statistics) the same is singular; when the
practical application of the filed is referred the same becomes plural.
X. DISJUNCTIVE COMPOUNDS
o If the subject is a disjunctive compound (joined be “or” or “nor”) the verb
should agree with the element of the compound closest to the verb.
2. What is a preposition? What is the impact of using the wrong preposition in a
sentence. Write at least 5 sentences using the legal terms and their preposition found
in the table of Chapter IV. The sentences must be related to legal issues or
circumstances.
iii. A preposition is a word or group of words used before a noun, pronoun, or noun
phrase to show direction, time, place, location, spatial relationships, or to introduce
an object. Some examples of prepositions are words like "in," "at," "on," "of," and
"to."
iv. While prepositions are limited in number, they are important because they act as
vital markers to the structure of a sentence; they mark special relationships between
persons, objects, and locations. Hence, using a wrong preposition in a sentence or in
a phrase would cause confusion.
v. Examples:
a. She was arrested and accused of reckless driving.
b. His friend was acquitted of the crime rape.
c. The robbers’ plan was to abscond with all of the millionaire’s valuable paintings
and jewels.
d. I have every reason to believe that you betrayed me.
e. Our class remonstrated against the rule made by our adviser.

3. What are the different punctuations and how are they used properly? As you describe
each punctuation, please make sure to add the illustration of such.
a. Period(.)
o is considered the most common punctuation mark. It is one of the three
terminal punctuation marks, together with the question mark and
exclamation marks.
 Rules:
1. A period is used after a statement, command or request.
2. A period not question mark, is used as an indirect question.
3. A period is used after initials and most abbreviations. In the
abbreviations of well-known organizations, periods are not
required.
4. If an abbreviation with a period comes at the end of the sentence,
only one period is used.
5. If a request or command is courteously phrased as a question, a
period and not a question mark must be used. This rule is
particularly true if no reply is expected.
b. Exclamation points(!)
o Are almost never used in formal legal writing. As these marks suggest intense
emotions, a formal legal writer is cautioned against them. Otherwise, the
material will appear highly subjective without being persuasive.
c. Question Marks(?)
 o Are among the three terminal punctuation marks, i.e., generally used to end
a sentence. There are instances however when they appear in the middle of
a statement such as to express uncertainty.
 Rules:
1. Direct questions end with question mark.
i. Note: Indirect questions end with periods, not question mark.
2. Sentences in declaratory form but which have interrogatory
meaning end with a question mark. Reason: it is the sense not the
form that counts.
ii. Note: In like manner, sentences in question form but which
are courteously phrased requests do not end with question
marks but with periods.

3. Interrogatory tags after a declaratory sentence end with question

marks.
4. Multiple interrogatory endings in a single sentence are each
followed by a question mark. The beginning letter following a
multiple ending is not capitalized.
5. Use a question mark after a questioning word or phrase within a
sentence.
6. Question marks used to indicate uncertainty about a word or fact
that precedes it.
d. Comma (,)
o Generally, there are two types of comma: the single comma is used to
separate while double commas are used to set off clauses that interrupt the
normal order of the statement. This is an oversimplification of course. For
most, the comma is the most troublesome punctuation mark. Its over-use or
under-use has caused more mischief in law than the other punctuation marks
combined. Proper use of the comma is thus important to help the reader get
through the material the way it was intended and avoid misreading the
sentences.
 Rules:
1. Independent Clauses
i. When independent clauses are joined by a coordinating
conjunction (e.g., and, or, for, nor, yet, so, and but) the
comma is placed before the conjunction. These conjoined
clauses form a compound sentence. The comma is generally
used in longer sentences, but in short compound sentences
the comma is dispensed with.
ii. Long compound (needs a comma).
o Notes: A compound sentence must be distinguished
from a simple sentence with a compound predicate.
The former consists of two independent sentences
 while the latter has one subject with two or more
predicates, e.g., compound sentence: (need a comma).
o Another way to join independent clauses is with the
semicolon; this way, one need not use the conjunction,
e.g., The mediator talked with the plaintiff in the
morning; in the afternoon, he spoke with the
defendant.
2. Introductory element or phrase
iii. A comma is used after an introductory element or phrase. This
may be a word, e.g., however, fortunately, first, soon,
obviously; a phrase, e.g., being blood relatives, in fact, very
soon; or a dependent clause, e.g., at the time of the incident,
with the preparations all geared up for a warm welcome,
speaking to the defendant.
iv. Examples of introductory phrases:
a. Introductory participial phrase
b. Introductory prepositional phrase
c. Introductory infinitive phrase
i. In the following, no comma is needed since the
infinitive is the subject of the sentence, e.g., “To
give his children college education is the
defendant’s lifelong dream.”
d. Introductory adverb clause

v. If the introductory phrase is very short, e.g., not more than

three words, the writer is given the discretion whether to use
comma or not. Either is acceptable; one may or may not place
a comma depending on how one wants his sentence to sound.
vi. Examples of introductory words: yes, no, however,
nevertheless, well, indeed, in fact, I believe, in my opinion, of
course, on the contrary, on the other hand, truth to tell, etc.
3. Transitional Words
vii. Transitional words such as moreover, therefore, thus,
furthermore appear in the beginning or in mid-sentence,
commas must be used.
4. Interrogatory tags
viii. Interrogatory tags after a declaratory statement are separated
by a comma. This is particularly true when the subject of both
the statement and the question is the same person or thing.
ix. But when the subjects of the first statement and the question
are different, the two sentences are expressed separately.
5. Coordinate adjectives
 x. Coordinate adjectives are two or more adjectives that equally
modify a noun. These adjectives must be separated by
commas.
6. To avoid ambiguity
xi. Use a comma to separate words or figures to avoid being
misunderstood.

vi. DOUBLE COMMAS (, ,)

o Set off words or clauses that interrupt the normal order of the sentence.
Unless such word or clause comes at the beginning or end of the sentence a
second comma must be used. For example: “Here are your documents, Mr.
Crucis.” But double commas are used in: “Here are your documents, Mr.
Crucis, and be sure to read them all tonight.”
 Double commas are used to set off:
1. Parenthetic expressions
i. These are words or phrases that give additional meaning but
are only incidental to the main though of the sentence. If
parenthetic expressions appear in the middle of the sentence,
double commas are used.
ii. Some parenthetic expressions: however, I think, I believe, I
repeat, I am sure, after all, at any rate, on the other hand,
perhaps, by the way, for example, in the first place, to say the
least, Ph.D. (as in: “Mario Cruz, Ph.D.”), etc.
iii. Also, legal citations within a sentence are parentheticals that
must be set off by commas, e.g., “In Lu v. Manipon, 381 SCRA
788, registration is not equivalent to title; it merely confirms
but does not confer ownership.”
2. Contrasting expressions
iv. These are parenthetic expressions introduced by not, but not,
but, although not, though not usually, and the like. Double
commas are used if the contrasting expression appears in the
middle of the sentence; otherwise, only one comma is used
(i.e., when these expressions appear in the beginning or end.)
3. Appositives
v. An apposition or appositive is a word or phrase placed beside
another to add to or explain the first, e.g. , Jose, Mario’s older
brother, is here. Sometimes appositives are preceded by: such
as, or, especially, particularly, most notably, etc.
vi. Appositive adjectives are likewise set off, e.g., “The bus, old
and dilapidated, still transports passengers.” However, single
word appositives are not set off with commas, e.g., “My
brother Nate was here.”
4. Nonrestrictive elements
 vii. A nonrestrictive element is phrase that modifies part of the
sentence but which phrase is not essential to the over-all
meaning of the sentence. Nonrestrictive elements are set off
with commas; while restrictive or essential phrases do not
need commas.
viii. To test whether the clause is nonrestrictive or not, try taking
away the clause. If the meaning changes or the sentence
becomes less understandable, the information is restrictive.
Hence, no comma is used. Otherwise, the clause may be set-
off by commas.
5. Interrupting words phrases
ix. If terms of direct address, e.g., sir, madam, my dear cousin,
interrupt a sentence, they must be set off with commas.
6. Quotation
x. Commas are used to set off quotations, unless the quotation is
only one word. Note that the comma precedes the quotation
mark.
xi. Or, better still, with the colon replacing the comma:
xii. But, a partial quotation that is part of the sentence is not set
off by commas.
e. Semicolon (;)
o A semicolon is not a colon at all. It has the force of a “strong comma” or
“weak period,” separating parts of the sentences, or joining sentences
without need of a conjunction.
1. Strong Comma
i. As strong comma, a semicolon separates portions of a
sentence of equal rank if the other parts are divided by
commas.
2. Weak Period
ii. A semicolon joins two independent clauses without a
conjunction. Of course, a period may be used instead of the
semicolon.
iii. If the independent clauses are joined by transitional
expressions such as indeed, that is, for instance, thus, in fact,
for example, therefore, however, furthermore, as a result, at
last, at least, on the contrary, etc. , a semicolon may be placed
before the transitional word or phrase, and put a comma after
it.
f. Colon (:)
o Is the punctuation mark of anticipation; it means something will follow.
1. Introducing long quotations or any formal matter
i. The colon is used to introduce block quotations, laws and
rules as well as set off the speaker’s name in transcripts of
court proceedings.
 2. Introducing a series
ii. A colon is used to introduce a series, summary, and
elaboration. The clause introducing them must be a complete
sentence in itself.
o Misuse of a colon:
 The colon should not be used to separate the verb from the object, or
the preposition from its object.
g. Hyphen (-)
o When in doubt whether to hyphenate a compound term ( a word coined
from two or more words), the rule is to up the term in the dictionary. It is
sometimes difficult to form rules for hyphenated terms. For instance, “land-
agent” (a real-estate agent) and “land mine” are written as two words; “land-
grant” (government land granted to railroad or educational institutions) or
“land-poor” (owning much land which income is insufficient to meet its
expenses) are hyphenated; while landlord, landless, landmark, landscape,
landslide are written singly. Generally, compound words beginning with land
are written as one word. Compound words with “eye” are generally written
as one, e.g., eyeball, eyeglasses, eyelash, eyestrain, eyesore, eyewitness. But
following are written separate: eye bank, eye shadow, eye worm. A few are
hyphenated: eye-opener.
o Cross-examination, which is questioning an opposing or hostile witness, is
hyphenated while direct examination, which is initial questioning of a witness
by the party (or his lawyer) who called the witness, is not.
 Rules:
1. For compound modifiers or phrasal adjectives use the hyphen
only when the modifier precedes the noun being modified.
2. The hyphen is not used if the first term of a phrasal adjective is an
adverb (ends in “ly”), unless the phrase consists of more than two
words.
3. Foreign legal phrases are not hyphenated.
4. The following prefixes are usually hyphenated: all-, ex-, quasi-,
self-
5. The following prefixes are usually not hyphenated: pro, anti,
inter, intra, re, de, non, para, semi, super. Exception: the hyphen
is used to avoid ambiguity, or if the second element is capitalized.
a. Exception: to avoid doubling letters or having two
successive vowels.
6. Two-word and spelled-out numbers from 21 to 99 are
hyphenated even though they are a part of a larger number.
7. Spelled out fraction is hyphenated.
8. The suspensive hyphen is used when two (or more) hyphenated
words share a common element.
9. If the modifier precedes the noun use the hyphen. Otherwise, the
hyphen is not used.
 10. For line breaks (e.g., breaking the word at the end of the line) use
the hyphen.
h. Apostrophe (‘)
o The apostrophe punctuates the word rather than the sentence. In this sense,
it is much like the hyphen.
o The apostrophe has two main uses, which are to indicate a possessive case
and the omission of a letter or figure. It is also used to form the plural of
letters, numbers, abbreviations or words (used as such without reference to
the meaning).
 FORMING THE POSSESSIVE CASE:
1. Add ‘s to singular nouns, even if the base word ends in s or ss.
The same rule is applied in proper nouns.
o Exceptions:
 For classical or biblical names ending in s, add
an apostrophe only.
 Certain virtues take on an apostrophe only to
form the possessive.
2. Plural nouns that end in s or z, add apostrophe only. Otherwise
add ‘s.
3. For singular names written in plural form, add the apostrophe
only.
4. The apostrophe is not used for pronoun possessives such as its,
his, hers, theirs, ours, yours, or whose.
5. Joint or individual ownership. If joint ownership is meant, the
possessive is formed by putting an apostrophe after the name of
the last owner. If individual ownership is meant, the apostrophe is
used after each owner.
6. For compound expressions, the possessive is formed by putting
the apostrophe after the last word.
 TO PLURALIZE LETTERS, SINGLE-DIGIT NUMBERS, UNCAPITALIZED
ABBREVIATIONS AND SYMBOLS
1. When letters or words (used as they are and not for their
meaning) are pluralized, the apostrophe is used.
2. The plural of single-digit numbers written in figure is formed by
adding ‘s.
o Multiple-digit numbers in figures, dates, and single
digit numbers which are spelled-out are pluralized by
simple adding an s. There is no need to put an
apostrophe.
3. Uncapitalized abbreviations are pluralized with ‘s. The plural of a
capitalized abbreviation is formed by adding an s without an
apostrophe.
 CONTRACTIONS AND ABBREVIATIONS
 1. The apostrophe stands for omitted letters in contractions and
abbreviations.
Generally, however, contractions convey informality and
should not be used in formal legal writing though such restriction
is not as rigidly enforced today.
A conversational law review article may be allowed to
contract words to convey a friendly, informal tone.

2. The apostrophe marks the elision of letters, or numbers in a date

where the century referred to is understood.
i. Parenthesis( () )
o The parenthesis is either or both upright curves used to set off a useful but
non-essential word or phrase in a sentence. The parentheses tone down the
segregated material. If the writer intends to highlight the phrase, the long
dashes are used.
1. In parenthetical matters giving extra information or comments
use the parentheses.
2. To indicate an abbreviated reference to a long name, parentheses
are used.
3. Parentheses are used to set off numbers or letters enumerating
subparts of a statement.
j. Quotation Marks
o Quotation marks may be double (“ “ ) or single (‘ ‘). Periods and commas are
placed inside the quotation marks. Other punctuation are placed outside,
unless the question mark and exclamation point are part of the quoted
material.
 Rules:
1. Only short quotations (under 50 words) are enclosed by quotation
marks. Those with 50 words or more do not use quotation marks;
instead, they are written as block quotes, are single spaced and
given special left and right indentions.
2. In nested quotations (quotation/s within a quotation), alternate
between the double and single quotations.
3. If a word or phrase is referred to as such (without going to its
meaning) in a sentence, it may be quoted or italicized.
4. Words used ironically or with a different shade of meaning are set
off by quotations.
5. Quotation marks are set off a nickname if written between the
first and last names.
k. Bracket ([ ])
o Brackets enclose the writer’s own comments into an otherwise verbatim
quotation, indicate his own words substituting original words in a quotation,
or any other insertions, deletions or changes within quotations.
1. Editorial comment
 i. Brackets are used to indicate one’s personal comments in an
otherwise word-for-word quotation.
2. Substitution or omission of a letter/word (to agree in tense,
number, or gender with rest of the sentence)
ii. Brackets can suggest that the word/s are not part of the
quotation but rather substitutes to the original. The bracketed
matter may also indicate an omission of a letter or word to
make the quoted matter conform to the tense, number, or
gender of the rest of the sentence. If a letter is not capitalized
in the original but must now be capitalized, that letter must be
bracketed. Do not italicize brackets.
3. Addition, translation or clarification
iii. The bracketed matter may likewise indicate additional
information, including the translation or clarification of a data
quoted.
4. Sic
iv. Sic, which is Latin for “thus,” is inserted in brackets directly
after a quod word to show that the material is quoted literally,
and that in the opinion of the person quoting the word/s
immediately preceding the “[sic]” is erroneous or doubtful.
5. Phonetics
v. Phonetic alphabets and symbols are bracketed when written
in a sentence.
l. Ellipsis (.. or ***)
o Ellipsis and eclipse have the same Greek root word leipein meaning leave.
Ellipsis are marks written as … or *** to indicate the omission of a word or
words in a sentence. The dots are also used to indicate a protracted pause in
a dialogue. Although asterisks are still used today to mark deleted parts, the
rule in legal writing is to use only ellipsis dots.
The rule is rather simple. Three ellipsis dots indicate the omission of
one or more words in a quotation. Four dots (three ellipsis dots and a period)
are used if the omission occurs at the end of the sentence.
Ellipsis dots are not used at the beginning of a quotation. A bracketed
and capitalized first letter in a quotation will indicate that the beginning of
the sentence had been omitted.
m. Asterisk (*)
o Also called “star,” asterisks are used to indicate footnotes, references or
omissions. The note indicated that by an asterisk is usually laced at the
bottom margin of a document.
n. Virgule (/)
o Also called the solidus or diagonal, the virgule is that diagonal stroke
indicating “or” options.
 The virgule is also used in the following:
1. Fractions
 2. Dates
3. To indicating breaks when poems are written continuously
4. When per is used.
5. In abbreviations
o. Dash
o The dash may be long (called the em-dash) or short (the en-dash)

o Em Dash
 Em or long dashes indicate a sudden break in a sentence – to amplify,
define, explain or summarize the matters before the dash. They often
substitute the colon, such as to introduce a list, or set of off
appositives. Dashes are however less formal than the colon.
Appearing in pairs, em dashes substitute for commas and
parentheses. Parenthetical matters may be set off of long dashes
instead of the parentheses.
In typewritten texts, em dashes are written as two hyphens. No
space must appear before or after the dash. One must not use a
comma, semi-colon or colon directly before or after em dashes. As
em dashes are strong and emphatic punctuations, they should be
used sparingly. An overuse creates a choppy effect in the sentence.
o En Dash
 The en or short dash looks like a hyphen, and means through or up to.
p. Ampersand (&)
o The ampersand symbolizes and and short-cuts the word. It is not used in
formal writing , except as part of corporate naming style, e.g., American
Telephone & Telegraph Co. when the company wants itself to be known
using the punctuation. In case of government agencies the word is used.
When the ampersand is used instead of the comma in the last two items
in a series the comma is not used.

4. What are the instances where we capitalize letters in legal writing?

- CAPITALIZATION RULES:
1. Proper Nouns
 Proper nouns and their derivatives are capitalized. The personal
pronoun I is capitalized.
 Exceptions:
i. Derivatives of proper nouns which through long usage had
acquired independent meanings are not capitalized.
a. Academic Degrees and titles
 Academic degrees are set off with a comma after a person’s name
and are abbreviated. The degrees and their abbreviations are
 capitalized. When bachelor’s degree, master’s degree and doctorate
are used generally, they are not.
An academic title is capitalized when used formally, but not
capitalized when used as a modifier.
b. Addresses
 Street names are capitalized. Compass points are abbreviated and
capitalized when they appear after abbreviated and capitalized when
they appear after street names, but are written out when written
before the street names.

c. International organizations
 Names of international organizations and agencies are capitalized.
d. Executive and Legislative bodies
 Names of the executive and legislative bodies, their derivatives and
short names, the names of their officers are capitalized.
e. Judicial bodies
i. The Supreme Court and the word Court referring to it are
capitalized.
ii. The names of the international courts are capitalized.
iii. The names of courts other than the Supreme Court are
capitalized in legal documents but lowercased elsewhere.
f. Historical Events
 Names of historical and cultural events, and specific conferences,
festivals, games are capitalized.
g. Geographic names
i. Names of oceans, lakes, rivers, mountains, islands, continents
are capitalize including the generic terms oceans, lakes, rivers,
mountains and islands.
ii. Landmarks, parks, monuments, buildings are capitalized.
iii. Popular nicknames of places are capitalized.
iv. Geographic/administrative divisions and names of organized
bodies are capitalized.
h. Titles of legal, literary, and artistic works
i. Brand names and trademarks are capitalized
2. Beginning of a Sentence
a. The first letter of a sentence or a complete quotation is capitalized. The
beginning of headings are capitalized. Short and centered headings
signaling the start of a main section are capitalized.
b. The beginning of direct questions are capitalized. Indirect questions are
not capitalized.
- Direct questions
 Being sentences in themselves must be capitalized
even though appearing within a sentence. They are
usually preceded by a comma, a dash and a colon.
 - Indirect questions
 An indirect question is a declaratory statement
which does not need a question mark or a
capitalized beginning (of the question).
3. Common nouns or adjectives forming part of a proper noun are
capitalized
4. A common noun used alone and representing a proper noun is capitalized
5. Definite article “the” is capitalized when part of an official name or title
6. Particles in names
- Particles in names such as de, del, de la, van or von are
capitalized, except if they are not capitalized due to usage
or are preceded be a forename or title.
5. When do we do the following in legal writing:

a. Italicize
- ITALICIZATION RULES:
 Italics are used to emphasize parts of a sentence or to indicate that the
word italicized is referred to as such word without reference to its
meaning.

b. Underline
- When briefs and memoranda were prepared on typewriters, emphasized
text was underlined. While older citation reference works may still call for
underlining, that format has largely been replaced by the use of italics, made
possible by word-processing software and modern printers.

c. Boldface
- If you absolutely must use bold for emphasis, save it for the rare case where
you need to draw the court’s attention to a critical point that might easily be
overlooked in a gigantic brief—and emphasize the one sentence or clause in
your document that you want the court to remember and find again easily. If
it’s not obvious which sentence deserves that treatment, stick with italics.
Bold is used to highlight the text and capture the readers' attention. The
bold tag is used for strong emphasis. When you feel like emphasizing
something, you need to first consider using the italics, only use bold text if
you are not satisfied by the emphasis the italics did to your text.