Legal Writing in English

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

Exercises
Concrete Subjects and Action Verbs

These exercises are from Anne Enquist & Laurel Currie Oates, Just Writing: Grammar,
Punctuation, and Style for the Legal Writer (3rd ed. 2009).

The answers are included. Please do not look at the answers until you are told to do so.

Exercise Concrete Subjects

Mark the subject and verb in the following sentences with an "S" and "V" and then revise
the sentence to have a concrete subject. In some cases, you will have to create your own
concrete subject.

1. It could be argued by the defense that Mr. Smith was out of the state at the time of the
robbery.

2. It is clear that both parties intended to enter into a contract.

3. It is highly unlikely that a fair market value existed for the poem.

4. Endorsement of the check is required before the funds can be transferred.

5. It would appear that our request for punitive damages will be granted.

6. Congressional confirmation is required for all federal judicial appointments.

7. It is a known fact that the defendant was refused admission to medical school because of
his criminal record.

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8. The aspect of the case that will be difficult to discount is Mr. Nolan's fingerprints on the
knife.

9. It should be pointed out that South Land Timber's shipments to all three customers were
consistently late.

10. The factor of the defendant's earlier perjury conviction caused the jury to discount her
testimony in this case.

Exercise Action Verbs

Mark the subject and verb in the following sentences with an "S" and "V" and then revise
the sentence to have a more effective action verb. In sentences beginning with there the subject
will follow the verb.

1. The way that a court determines mutual assent is to look at the objective manifestations
of the parties' actions.

2. The governor made a statement that he would not testify for the defense.

3. The jury had knowledge of the defendant's prior record.

4. There are several facts that must be confirmed by that witness.

5. Hanford v. Goehry concerned a car that was kept at the father's place of business.

6. The nurse made an attempt to disconnect the life support system.

7. The Harbeson court made the suggestion that the Florida courts are moving towards
awarding compensation for loss without applying the old standards.

8. There were no instances where the Parkers asserted their rights against the Lindquists.

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9. State v. Hughes involved a defendant who shot two police officers while resisting arrest
for another murder.

10. The two heirs are in disagreement over the division of property.

Answers

Exercise Concrete Subjects

1. S = It V = could be argued. Revision: The defense could argue that Mr. Smith was out
of the state at the time of the robbery.

2. S = It V = is. Revision: Both parties intended to enter into a contract. (Another

possibility is to open the sentence with "clearly" as an emphasizer. However, many legal
writers believe "clearly" is overused in legal writing and therefore ineffective.)

3. S = It V = is. Revision: A fair market value probably does not exist for the poem.

4. S = endorsement V = is required. The check must be endorsed before the funds can be
transferred.

OR The bank requires that the check be endorsed before the funds are transferred.

OR You must endorse the check before the funds can be transferred. Notice that you can
have a concrete subject with either an active or passive voice verb.

5. S = It V = would appear. Revision: Apparently, our request will be granted.

OR Apparently, the court will grant our request. Notice that you can have a concrete
subject with either an active or passive voice verb.

6. S = confirmation V = is required. Congress must confirm all federal judicial

appointments.

7. S = It V = is. Revision: The defendant was refused admission to medical school

because of his criminal record.

8. S = aspect V = is. Revision: Mr. Nolan's fingerprints on the knife will be difficult to
discount.

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9. S = It V = should be pointed out. Revision: South Land Timber's shipments to all three
customers were consistently late.
OR Add the person or thing doing the action "The prosecution should point out
that . . . ."

10. S = factor V = caused. Revision: The defendant's earlier perjury conviction caused the
jury to discount her testimony in this case.
OR The jury discounted the defendant's testimony in this case because she had an earlier
perjury conviction.

Exercise Action Verbs

1. S = way V = is. Revised: A court determines mutual assent by looking at the objective
manifestations of the parties' actions.

2. S = governor V = made. Revised: The governor stated that he would not testify for the
defense.

3. S = jury V = had. Revised: The jury knew about (of) the defendant's prior record.

4. S = facts V = are. Revised: That witness must confirm several facts.

5. S = Hanford v. Goehry V = concerned. Revised: In Hanford v. Goehry, a car was kept

at the father's place of business.

6. S = nurse V = made. Revised: The nurse attempted to disconnect the life support
system.

7. S = holding V = makes. Revised: The Harbeson court suggested that the Florida courts
are moving towards compensation for loss without applying the old standards.

8. S = instances V = were. Revised: The Parkers never asserted their rights against the
Lindquists.

9. S = State v. Hughes V = involved. Revised: In State v. Hughes, a defendant shot two

police officers while resisting arrest for another murder.

10. S = heirs V = are. Revised: The two heirs disagree over the division of property.