A Brief Grammar for Lawyers

8/8/2019 A Brief Grammar for Lawyers

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A BRIEF GRAMMAR FOR LAWYERS

Grammar, which knows how to control even kings...

Moliere, Les Femmes Savantes, act II , scene vi

A. All English words are one (or more) of the eight Parts of Speech:

nounpronounadjectiveverbadverbprepositionconjunction

interjection

B. A noun (sometimes called a substantive) is a word used as the name of a person,place, or thing.

1. A common noun is the name of any one class of persons, places, or things:

E.g., lawyer; town; court; etc.

2. A proper noun is the name of a particular person, place, or thing :

E.g.,Abraham Lincoln; Lancaster, Ohio; The United States Court ofAppeals for theSixth Circuit.

Proper nouns are capitalized.

3. Nouns are described in case and number. English now has three cases:subjective, objective, and possessive, and two numbers:singularand plural. Thesubjective and objectivecases are generally used for the grammatical subject of asentence and the grammatical object(s) in a sentence, respectively. Differences in theform of words to indicate the subjective and the objective case are now found usuallyonly in pronouns. (I = subjective; me = objective) The possessive case is signified by

the addition of's to a noun.

Theinterrogatorieswere answered.

[interrogatories = subjective case, plural in number]

They are thejudge'sbooks.


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[judge's = possessive singular]

C. A pronoun is a word used in place of a noun to avoid repetition (and to preserve

sanity). English has roughly 7 kinds of pronouns:

1. Personal(used to replace a person)

I, mine, me, you, yours, she, hers, her, etc.

2. Interrogative (used to ask a question)

Who, which, what, etc.

3. Relative(used to introduce an adjectival clause)

Who, that, which, whoever, whosoever, etc.

4. Reflexive(used to denote action done to self)

Myself, yourself, himself, herself, etc.

5. Intensive(used to stress identity of agent)

Myself, yourself, himself, herself, etc.

6. Indefinite(used to replace non-specific things)

Some, any, one, someone, anyone, nobody, etc.

7. Demonstrative (used for previously identified items)

This, that, etc.

D. The antecedent of a pronoun is the word or words for which the pronoun stands. A

pronoun must agree with its antecedent in person (1st, 2d, 3d), number(singularorplural), and gender.

Thisis the case aboutwhichwe spoke.

You should present this offer to yourclientand then callmewith herdecision.I hopethat shewill acceptit.


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E. An adjective is a word that is added to a noun or pronoun. There are two main kindsof adjectives, descriptive and limiting.

1. A descriptive adjective expresses either the kind, condition, or quality of the noun orpronoun.

E.g., aslydefendant; asolidindictment, etc.

2. A limiting adjective limits the idea expressed by the noun in quantity or membershipin a class.

E.g., thisdefendant, theeighthindictment, etc.

3. Note that many of the forms that we usually think of as pronouns are in many

instances limiting adjectives:

Possessive -- my motion, youridea, etc.

Demonstrative -- Thiscontract is unconscionable.

Indefinite -- He represented someof the defendants.

Relative -- We agreed until it came to putting him on the stand, atwhichpoint we nolonger saw it the same way.

F. A verb is the part of speech that asserts something about a noun, asks a question,or expresses a command. Verbs are traditionally described in five categories :person,number, tense, voice, and mood. For example, "I slept" is the first person, singular,past, active, indicative. There are roughly four classes of verbs in English:transitive,intransitive, linking, and auxiliary.

1. A transitiveverb is one that requires an object.

He made a motion to suppressthe tainted evidence.

2. An intransitive verb expresses a state or an action without reference to an object.

Half of the jurysleptduring summation.

3. Intransitive verbs, therefore, do not normally admit of passive construction.

4. Some verbs can be both transitive and intransitive.


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The sunmelted the snow; The icemelted.

5. The most common linking verb orcopula is the verb "to be." It simply joins thesubject to the predicate noun or adjective and has no predicative force of its own (apartfrom the assertion of existence).

Her clientisan entrepreneur.

6. Verbs such as "feel," "smell," "taste," etc., are also linking verbs, but with a little

more independent predicative force. They are followed by an adjective not an adverb.

I feel bad.

[not badly--unless you mean to say that your sensory apparatus does not work well]

7. Auxiliary verbs are signifiers oftense ormood that help other verbs to make some

of their forms.

I have been feelingbad. I would goif Icould go.

G. Adverbsmodify the meaning of a verb, an adjective, or another adverb.

1. Adverbs that modify verbs are usually adverbs oftime (then, now, often), manner(gently, frequently), orplace (here, there, everywhere).

2. Adverbs that modify adjectives or other adverbs are often adverbs ofdegree (very,exceedingly, greatly).

3. Note that prepositional phrases often function like adverbs.

He questioned the witnessangrily.

He questioned the witnessin anger.

H. A preposition is a word specifically paired with (lit. "placed before") a noun or apronoun in order to create phrases that have quasi-adverbial force. These are known asprepositional phrases.

At trialhe speaksin stentorian tones. [when and how]

1. The same words often function as both prepositions and adverbs.


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He lookedaround the courtroom. He lookedaround.

2. A preposition always governs an object; an adverb has no object.

I. A conjunction is a word used to connect words or groups of words. Conjunctions aresaid to be coordinating orsubordinating.

1. A coordinating conjunction (and, or, but, etc.) connects words, phrases, or clausesof equal rank .

His writing is clearand efficient.

I wrote the briefbutshe argued it.

2. A subordinating conjunction is one that connects clauses of unequal rank.

Afterthe trial date was set, they made an offer of settlement.

J. An interjection is an exclamatory word used to express sudden or strong emotion.It's an excited utterance, to use a term from evidence.

K. A phrase is a group of related words that does not express a complete thought. Aphrase contains neither an expressed grammatical subject nor a finite predicate--but a

participial phrase will usually have a grammatical object.

1. A phrase is usually the equivalent of a single part of speech.

In the jury roomthe deliberation continued.

[prepositional phrase tells where like an adverb]

2. A preposition and its object form a prepositional phrase.

I worked on that documentforseven days.

[for = preposition; days = object of the preposition; seven = adjective modifying "days."]

3. A participial phrase itself contains no expressed subject, but must modify (as anadjective) some other noun in the sentence, often the expressed subject of thesentence. The participial phrase may well have an expressed object with otherattendant information.


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Rejecting a more traditional view of federalism, the Court seemingly expanded theseveral states' immunity to suit beyond the bounds that most commentators hadexpected.

[Rejecting = participle (kind of verbal adjective); view = direct object of participle.

"Rejecting" takes as both its logical and grammatical subject "the Court."]

L. A sentence is a group of words expressing a complete thought. There are threekinds of sentences:

1. Declarative (makes a statement):

It was his recklessness that caused the injuries.

2. Interrogative (asks a question):

What price can we put on a person's reputation?

3. Imperative(expresses a command or request):

Help restore what was taken from my client, I beg you.

M. All complete sentences have a subject and a predicate.

1. The subject of a sentence is that of which something is said or asserted. Thesimple subject is the bare noun or substantive itself; the complete subject includesany modifiers to the simple subject.

That small companywas transformed quickly by a huge IPO.

2. The predicate of a sentence is that which is said or asserted of the subject. Thesimple predicate is the verb forms themselves; the complete predicate includes anyattendant modifiers.

That small companywas transformed quickly by a huge IPO.

3. The subject of the sentence usually comes first in English, but the predicate canprecede the subject:

Lost foreverwerethe corporate secretary's notes.

4. A simple sentencehas one subject and one predicate:


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Thejurywas boredby his testimony.

5. Two or more subjects with one predicate are a compound subject:

Statutory damages and attorney's feesusually depend on registration.

6. Two or more predicates with one subject are a compound predicate:

The public demand for tort reformebbs and flows.

N. A clause is a division of a sentence that has both a subject and a predicate.Clauses are classified by theirsimilarity of function to a part of speech, by theirforceor purpose of expression, and by theirrank relative to one another.

1. Clauses classified by function:

a. adjectival clauses

I remember the housewhere I grew up.

b. adverbial clauses

We'll reconvenewhen our schedules permit.

c. noun clauses

The judge knew what it was.

d. Two special sub-species ofnoun clauses occur with verbs of mental activity:

i. the indirect statement

She said that she would testify.

ii. the indirect question

He wonderedwhether the defendant was guilty.

2. Clauses classified by force or purpose:

a.time = introduced by after, before, since, etc.

b. cause= introduced by because, since, for, etc.


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c. condition= introduced by if, unless, except, etc

d. concession= introduced by although, though, etc.

e.purpose= introduced by that, in order that, lest, etc.

f. result = introduced by that, so that, etc.

g. degree = introduced by as, than, etc.

3. Clauses classified by rank:

a. A coordinate orindependent clause expresses a complete thought by itself.

It is lateand I am tired.

b. A subordinate ordependent clause is not a complete thought by itself.

Since it is late,I am growing tired.

O. A compound sentence is one that contains two or more independent clauses.

I watched the jury closely, butI could not discern its verdict.

P. A complex sentence is one that contains a single independent clause and one ormore dependent clauses.

Although I watched the jury closely, I could not discern its verdict.

Q. A compound complex sentence is a compound sentence that contains one ormore dependent clauses.

After our expert had testified, I still didn't know what their expert would say, butI nolonger thought that it mattered.

R. Tenseis the change in the form of a verb to show the time of the verb's action. Thethree main divisions of time that a verb can indicate in English are present, past, andfuture. Within each division there are further gradations of tense.


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1. Present tense

a. the simple present -- I walk [action in the present]

b. the present progressive -- I am walking [continuing action in the present]

2. Past tense

a. the simple past -- I walked [action in the past]

b. the perfect -- I have walked [completed action in the past]

c. the past progressive orimperfect -- I was walking [action continuing in the past]

d. the past perfect orpluperfect -- I had walked [action in the past completed prior toanother past event]

3. Future tense

a. the simple future -- I will (or shall) walk [action in the future]

b. future perfectI will have walked [action in the future that will be completed prior toanother future event]

S. A verb's mood is a change in its form or in its use that indicates the manner in which

the force of the verb is intended. English has three moods:

the indicative, thesubjunctive, and the imperative.

1. The indicative mood is used to assert a fact or to ask a simple question.

He was walking. Did you walk with him?

2. The subjunctive mood is used to express a mental action that is not asserted as afact or a mental attitude of the speaker to the audience. In practice this means that thesubjunctive is used chiefly in three ways:

a. to express wishes, prayers, and desires.

Would that hewerehere.

Longlivethe king.

b. to express suppositions or conditions contrary to fact.


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If Iwerein Courtroom 12, Iwould not be cold.

c. to express present or future uncertainty (future less vivid).

If itbehumanly possible, he will find him.

3. The imperative mood is used to express a command or a request.

Takethe defendant into custody.Helpme, please.

T. Voice is a change in the form of a transitive verb that shows whether its subject is

the agent (or "doer") of its force or meaning or whether its subject is the object (orreceiver) of its force or meaning. English only has two voices:active and passive.

1. In the active voice the subject of the verb is the agent or doer.

He deposedthe witnesses to the accident.

2. In the passive voice the grammatical subject of the verb is its logical object. It mayhelp to remember that passive originally meant "experiencing" or "suffering." Thesubject of a verb in the passive voice experiences or suffers the action denoted by theverb.

The witnesses were deposedby him.

U. Verb forms that are not finite, i.e., which do not by themselves constitute a definitepredicate are called verbals. English has three verbals:infinitives, participles, andgerunds. Note that verbals may still be inflected for tense and voice.

1. Infinitives are verbal nouns marked by the preposition "to."

a. Present active infinitive= to write

b. Perfect active infinitive = to have written

c. Perfect passive infinitive = to have been written

2. The infinitive sign or marker, "to," is often omitted after auxiliaries and the verbs help,make, let, see, and hear.

Let the witnesstakethe stand. Help mefinishthis.

3. A participle is a verbal adjective that modifies a noun or a pronoun. A participialphrase is an adjectival phrase introduced by a participle.


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Walkingin front of the jury box, he summarized his argument.

4. Present participles usually end in 'ing,' past participles regularly in 'ed.'

5. The gerund is a verbal noun that looks very much like a participle but is used very

much like an infinitive.

Walkingis the only form of exercise I am allowed now.

A Brief Grammar for Lawyers

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