Parts of Speech: Rules

in Law
 8 forms of PoS

1. Nouns
2. Pronouns
3. Verbs
4. Adverbs
5. Adjectives
6. Prepositions
7. Conjunctions
8. Interjections
 PoS Principle in Legal Documents
1. Flora v. United States, 362 U.S. 145, 150 (1960) (Warren C.J.)

‘This Court naturally does not review congressional

enactments as a panel of grammarians; but neither do we
regard ordinary principles of English prose as irrelevant
to a construction to those enactments.’
 Noun Principle in Legal Documents
1. Only the name of the person involved or Prime Witness (1),
(2) . . . Or Prime Accused (1), etc.
2. Refer to companies and people by name.
3. Limit Usage of Pronouns

4. Reason:
i. For clarity on individuals involved
ii. Who is being referred in the case?

Case Kehar Singh & Ors. v. State (Delhi Admin) 1988

Pronoun Principle in Legal Documents
1. It can be used if the subject is described in the paragraph exclusively.
2. Pronouns like ‘that’ (Demonstrative & restrictive) ‘which’ (Relative &
unrestrictive)

Statements:
a. Republicans oppose new taxes that are unnecessary.
b. Republicans oppose new taxes, which are unnecessary.
Ambiguous: Republicans oppose new taxes which are unnecessary.

Note: Courts ignore grammarian’s reading if there is ambiguity.

 Interpret this:

Good-Samaritan law: Designed to immunize healthcare providers who

voluntarily render emergency aid, the law states that such providers:
•shall not be liable to [a] person assisted for civil damages for any personal
injuries which result from acts or omissions by such person in rendering the
emergency care, which may constitute ordinary negligence.

Legal Question: In the above case, is immunity absolute or only for ordinary negligence
during emergency care?
 Noun - Pronoun Concord

Exercises (Re-write in pronouns)

1.Ray hit Hennessey on the face.
2.Hennessey informed all the peers.
 Verb Principle

1.Use strong and precise verbs & minimize – is, are, was & were.
2.Convert –ion words into verbs when you can.
E.g. The accused has violated the law . . . (not - in violation of the law.)

are in mitigation of = mitigate

make a provision for = provide for
take into consideration = consider
Submit an application = apply

Note: Not a rigid principle but highly recommended.

 Adverb Principle
1. No adverbs in legal documents.
E.g. The thief murdered and escaped quickly.
E.g. We are unnecessarily creating more laws.
E.g. He went forth and wept bitterly.

Note: Adverbs increase the superlative charm of an action, but it is

advisable to moderate it in written legal documents.
 Adjective Principle
1. Adjectives modify nouns and pronouns
2. The adjective quality applies to the nouns or pronouns used
with a conjunction.

E.g.
Charitable institutions or societies . . .
Internal personal rules and practices of an agency . . .
A wall or fence that is solid . . .
A corporation or partnership registered in Mumbai . . .
 Preposition Principle
1. ‘of’ as a preposition should be minimized ideally.
Reason: It complicates and lengthens the sentence.

E.g. Jenkins knew of the existence of the access port of

the computer.
 Conjunction Principle
1. FANBOYS (for, and, nor, but, or, yet & so)
2. Ambiguity =And / Or
3. Used as a phrase in legal circles
4. Either ‘And’ or ‘Or’ not both
 Bankruptcy Code

• “[T]here shall be allowed to the holder of [an oversecured] claim, interest

on such claim, and any reasonable fees, costs, or charges provided for
under the agreement . . . .”

Legal Question: whether both interest and reasonable fees . . . shall be provided or either of
them?