The term "" is a term used with quotations or excerpts, meaning "that's really what appears in the original." By definition, a quote must be accurate, so "" is arguably unnecessary. Except in the most extraordinary circumstances, jurors want to do their best. Jury instructions address real life experiences, so they should be written in the words ordinary people use to the extent possible. One jury error that is often repeated is looking up words in the dictionary, so include appropriate definitions of words the jury may find difficult. The final set needs to be understandable and complete. The judge's set of instructions will provide you with the tone and format that the judge prefers and eliminate the need to draft instructions on the topics the judge covers unless there is a strong reason to argue for revision of the judge's set.įill in all the gaps in the judge's instructions with the explanatory matter and statements of the law that are appropriate. Ask if these exist, either at the pretrial conference (if any) or at another opportunity in advance of trial. Run computer searches on the critical terms in the document, including the abbreviated names of the parties to locate confusing variations and mistakes.īefore drafting jury instructions, start with the judge's instructions, if any, that the court clerk or other staff may provide. 472, 753 P.2d 939, 948 n.14 (1988).Ĭheck the punctuation to ensure that it does not add confusion. Have a particularly careful writer proofread. Proofread again after waiting a day or more. Proofread, proofread, proofread, especially if you could be seen as the drafter of the document. Ambiguity exists, for example, when there is duplicity, indistinctness, or uncertainty in the meaning of the language, when a contract term could suggest more than one meaning when viewed objectively by a reasonable knowledgeable person, and when the parties' expressions of mutual ascent lack clarity. 2002), Chief Judge Zappala concurred, expressing "grave concern that the filing of an opinion that expresses itself in rhyme reflects poorly on the Supreme Court of Pennsylvania."Ĭourts will not strain to find ambiguity in a document, but ambiguity is present in many documents. A lawsuit is vitally important to at least one party, and use of verse is almost always an indication the author lacked respect for the court, its decision, and the parties. But find an alternate way to express the thought if there is a risk that the meaning of the sentence will be harmed.Īlthough they are not in great number, especially in publication, court decisions written in rhyme or verse are sprinkled in court reporters and court files.
If not, use it comfortably knowing that thousands of judges and lawyers have done so before. Ĭonsider carefully whether "and/or" creates the potential for confusion or error as you intend to use it. See also Robbins, "And/Or" and the Proper Use of Legal Language, _ Md. that is never an independently sufficient reason for granting a new trial. In this order, the use of "and/or" leaves open the possibility that "in the interest of justice and fairness" is the sole rationale.
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Here, the trial court's four articulated reasons, including "in the interest of justice and fairness," are all preceded or followed by "and/or." Many courts and critics have denounced the use of "and/or" in legal writing.
The Texas Supreme Court explained in In re United Scaffolding, Inc., 377 S.W.3d 685, 689-90 (Tex.
Brief searching reveals thousands of judicial decisions using "and/or" without the walls of the courthouse tumbling down. E.g., Do Not Use "and/or" in Legal Writing at (collecting many critics). It is surely surprising to many that use of "and/or" is now condemned with vigor and vehemence.
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