Legal Writing in English

Christopher R. Kelley
University of Arkansas School of Law
ckelley.christopher@gmail.com

Exercises – Active and Passive Voice

These exercises are from Anne Enquist & Laurel Currie Oates, Just Writing: Grammar,
Punctuation, and Style for the Legal Writer (3rd ed. 2009). Please complete them according to
the instructions for each exercise.

The answers to the exercises are included. Please do the exercises before you compare
your responses to the answers. You do not need to send me your responses.

Exercise Active and Passive Voice

After labeling the subject of the sentence with "S" and the verb with "V" and the direct
object with "O" (if there is an object), decide whether each sentence below is active or passive
voice.

1. The plaintiff accepted the settlement offer.

2. Texas law requires a balancing of circumstances presented in each individual case.

3. This term will be arbitrarily defined by either a judge or jury.

4. In the absence of legislative direction, the court has reluctantly followed this trend.

5. The case for the defendant may be strengthened by considering the relative cost to the
various parties.

6. The prescriptive easement had been established by the objective acts of the claimant.

7. The claimant's objective acts had established the prescriptive easement.

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8. The Whalers' right to use the access road can be revoked by Mrs. Townsend.

9. Mrs. Townsend can revoke the Whalers' right to use the access road.

10. Historically, interpretation of the rule has been left to the court's discretion.

Exercise Passive Voice A

The following sentences are all written in passive voice. In some cases even the
dependent clauses are in passive voice. Note how awkward passive voice makes many of these
sentences. Rewrite the sentences in active voice and underline the verbs in both the main clauses
and the subordinate clauses.

1. Pearson & Sons Lawn Service is owned by Clyde Pearson.

2. After Mr. Lee's truck was found in the ditch by Officer O'Neill, an ambulance was called
for by Officer O'Neill.

3. The idea that to prevent the dumping of toxic waste was intended by the legislature was
focused on by the Montana court.

4. Although the marijuana was not found in the bedroom by the police, a film canister filled
with cocaine was found by Officer Miller.

5. Important particularities are stipulated in the Fourth Amendment: The place to be

searched and the things to be seized must be stated in the warrant.

6. Fremont's argument that his right to privacy was violated by the broad scope of the search
is supported by the Anderson court's language.

7. Apparently, the business car had been driven by Tom on prior occasions, but specific
permission to drive the business car was not given to him by his father on the day of the
accident.

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8. The question of whether a non-viable fetus is a minor child has not been ruled on by the
courts; however, the rights of non-viable fetuses in other areas of the law are recognized
by the courts.

9. The fair market value of the tractor should be recovered by the Wilsons because the
recovery of the fair market value of property that has been destroyed is provided for by
Washington tort law.

10. A private nuisance is defined by statutory law as "everything not included as a public
nuisance."

Exercise Passive Voice B

Read each of the following sentences and decide if the passive voice in the underlined
section is used effectively or ineffectively. Write "E" for effective or "I" for ineffective, and then
briefly explain why and, if necessary, in what context the passive voice is effective or
ineffective.

1. A lawful business will not be enjoined without a clear showing that it is impossible or
impractical to eliminate its offensive features.

2. In the past, Big Yard Toys Inc. would hire a subcontractor to install the equipment only if
such arrangements were requested by the purchaser.

3. For the next ten years, the easement was used by all the landowners.

4. The plaintiff has testified that she was assaulted by a white male with blue eyes and blond
hair. The defendant is a white male with brown eyes and black hair.

5. Testimony from the attending physician corroborates the victim's testimony that she was
struck from behind.

6. Cathy's Creations is a designer clothing company owned by Cathy Nock. Ms. Nock
employs a small staff to assist in the design and manufacture of the clothing.

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7. Traditionally, if any element to a contract has been omitted, the contract is invalid.

8. Before the accidental poisoning, some of Mrs. Harris's medication had been placed in an
old vitamin bottle.

9. A standard form contract that detailed the terms of the agreement was signed by both
parties.

10. The Dead Man Statute was intended "to prevent the invasion of a deceased person's estate
. . . ."

Answers

Exercise--Active and Passive Voice

1. S = plaintiff V = accepted O = offer ACTIVE

2. S = (Texas) law V = requires O = balancing ACTIVE

3. S = term V = will be defined PASSIVE

4. S = court V = has followed ACTIVE

5. S = case V = may be strengthened PASSIVE

6. S = (prescriptive) easement V = had been established PASSIVE

7. S = (objective) acts V = had established O = (prescriptive) easement ACTIVE

8. S = right V = can be revoked PASSIVE

9. S = Mrs. Townsend V = can revoke O = right ACTIVE

10. S = interpretation V = has been left PASSIVE

This sentence is the most difficult in the exercise. It is passive voice because the
interpretation is not doing the "has been left"; rather, "has been left" has been done to the
interpretation. The real doer of the action "has been left" is hard to pinpoint because it is
our system of laws and government that has us leave interpretation of rules up to the
courts.

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Exercise Passive Voice A

1. Clyde Pearson owns Pearson & Sons Lawn Service.

2. After Officer O'Neill found Mr. Lee's truck in the ditch, Officer O'Neill called for an
ambulance.

3. The Montana court focused on the idea that the legislature intended to prevent the
dumping of toxic waste.

4. Although the police did not find the marijuana in the bedroom, Officer Miller found a
film canister filled with cocaine.

5. The Fourth Amendment stipulates important particularities: The warrant must state the
place to be searched and the things to be seized.

6. The Anderson court's language supports Fremont's argument that the broad scope of the
search violated his right to privacy.

7. Apparently Tom had driven the business car on prior occasions, but his father did not
give him specific permission to drive the business car on the day of the accident.

8. The courts have not ruled on the question of whether a non-viable fetus is a minor child;
however, the courts recognize the rights of non-viable fetuses in other areas of the law.

9. The Wilsons should recover the fair market value of the tractor because Washington tort
law provides for the recovery of fair market value of property that has been destroyed.

10. Statutory law defines private nuisance as "everything not included as a public nuisance."

Exercise Passive Voice B

1. E The person or thing performing the action is relatively unimportant.

2. E The subject "such arrangements" of the passive voice verb provides a strong link
between the subordinate clause and the main clause.

3. I Active voice is more concise. Revise to "For the next ten years, all the
landowners used the easement." (11 words in revision vs. 13 words in
original)
OR

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 E In a context in which the focus of the writing was on the easement itself and not
the landowners who used it, then the original sentence would be effective.

4. E Passive voice in the clause allows the writer to place the connecting idea, the
description of the assailant, at the end of the sentence where it can lead into the
subsequent sentence about the defendant's description. Passive voice is also more
effective for the defendant because it downplays the doer of the action. Although a
plaintiff's brief probably would not use the facts from these two sentences in this form,
the active voice version-- "a white male with blue eyes and blond hair assaulted her"—
would be more effective for the plaintiff.

5. E If the victim did not see her assailant, the person or thing performing the action is
unknown. Again, the passive is more effective for the defendant.
OR

I In a plaintiff's brief, the writer would want to use active voice and include the
doer of the action if that person or thing is known: "Testimony from the attending
physician corroborates the victim's testimony that the defendant struck her from behind."

6. E Passive voice in the first sentence moves the connecting idea, "Cathy Nock," to
the end position. The second sentence begins with the connecting idea, "Ms. Nock."

7. E Person or thing performing the action is unknown or relatively unimportant.

8. E It is probably undesirable to disclose the identity of the person performing the

action, or that person may be unknown. In a defendant's brief, the use of the passive
voice is more effective. In a plaintiff's brief the active voice would be more effective,
particularly if the doer of the action is known.

9. I Active voice is more concise. Revise to "Both parties signed a standard form
contract that detailed the terms of the agreement." (Fourteen words in revision vs.
sixteen words in original.) Passive voice in original also separates subject from verb.
OR
E However, in a context in which the focus of the writing is on the standard form
contract, the passive voice may be more effective.

10. E Person or thing performing the action is relatively unimportant.