A full-time lawyer hired by federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Programme in accordance with criminal law. A form of discovery that consists of written questions that must be answered in writing and under oath. Governmental body empowered to settle disputes. Judges sometimes use the term „court” to refer to themselves in the third person, as in „the court read the pleadings.” 19. Write short sentences. Readable sentences are simple, active, affirmative and declarative. The more a sentence deviates from this structure, the more difficult it is to understand. Long sentences are a fundamental weakness of legal documents. Legal documents often contain conditions that result in complex sentences with many clauses. The more complex the sentence, the more likely it will be to determine the intended meaning of the sentence.
The function of the federal courts that takes place at the beginning of criminal proceedings – after a person has been arrested and charged with a federal crime and before they appear in court. Pre-Investigation Service officials are focusing on investigating the background of these individuals in order to assist the court in deciding whether to release or detain them pending trial. The decision is based on the likelihood that these individuals will flee or pose a threat to the community. If the court orders release, a pre-trial officer supervises the person in the community until the person returns to court. An oral statement before an official legally authorized to take an oath. Such statements are often made to hear potential witnesses, to make a discovery, or to be used later in the trial. See Discovery. Imprisonment for two or more offences to be served simultaneously and not consecutively.
Example: Two five-year prison sentences and a three-year term if served at the same time result in a maximum of five years behind bars. 7. Avoid using exceptions. If possible, specify a rule or category directly, rather than describing the rule or category by specifying its exceptions. DON`T SAY: All people, except those over the age of 18, must do so. SAY: Anyone under the age of 18 must do so. However, you can use an exception if it avoids a long and tedious list or detailed description. If you are using an exception, first specify the rule or category, and then specify the exception. DON`T SAY: Alabama, Alaska,. and Wyoming (a list of 47 states) must ration.
SAY: All states except Texas, New Mexico and Arizona must ration. (Note that the „each state” category is set first, and then exceptions are specified.) 8. Avoid divided infinitives. The shared infinitive offends many readers, so avoid it if you can. DON`T SAY: Make sure you respond to the invitation promptly. SAY: Make sure you respond to the invitation immediately. or SAY: Make sure you respond to the invitation immediately. 9. Use the singular noun instead of the plural noun. As far as your meaning allows, use a singular noun instead of a plural noun.
You avoid the problem of whether the rule applies separately to each member of a class or collectively to the class as a whole. DON`T: The security guard will issue security badges to employees working in buildings D and E. SAY: The security guard issues a security badge to every employee who works in Building D and every employee who works in Building E. Unless you mean that the safety officer issues a security pass to each employee who works in both Building D and Building E. (There are other possible meanings.) 10. Be consistent. Don`t use different words to mean the same things. Variation for the sake of variation has no place in the drafting of regulations. Using a synonym instead of repeating the exact term you intend to use only confuses the reader. DON`T SAY: Every motor vehicle owner must register their car with the Automobile Department of the Metropolitan Police Department. SAY: Every car owner must register their car with the Automobile Department of the Metropolitan Police Department. Don`t use the same word to refer to different things.
DON`T: The tank had a 200-gallon tank for fuel. SAY: The tank had a 200-gallon fuel tank. 11. Use a parallel structure. Arrange sentences so that parallel ideas seem parallel. This is important if you are using a list. Non-parallel structure: The functions of the Executive Secretary of the Administrative Committee are as follows: English French, Latin legalis, leg-, lex law Complete collection of all documents submitted to the court in a case. A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence of a convicted accused. Passive: The [recipient] settlement was written by the author [actor]. Active: The author [actor] wrote [verb] the [recipient] settlement. Passive constructions are confusing when used in regulations.
Active sentences must have actors, but passive sentences are complete without them. Many international trade and legal issues will involve these concepts. It is rare that there are companies that can afford to seek formal advice on all matters for commercial or financial reasons. As a result, practical solutions are often implemented for many years before it turns out that a law, regulation or official policy has been neglected. In particular, the exact terms of the contract, especially in formal agreements, are often ignored in normal operation, as business partners practically deal with matters that are not related to the terms of the contract or that contradict the terms of the contract. If such companies are subsequently acquired or subject to other transactions, the difference between de jure and de facto will often be a matter of lawyers and businessmen that must be worked out jointly. To impose a legal obligation, use „must”. To predict future actions, use „will.” DO NOT SAY: Let the governor approve it.
SAY: The governor must approve it. [Commitment] OR: The governor will approve it. [Future actions] 4. Be direct. Speak directly to your readers. Enjoy the imperative mood. Regulations are suitable for this style, especially procedures, instructions, and to-do lists. The franchise avoids the liability:SAY: Sign all copies. SAY: Attach a copy of your W-2 to your return. This style results in shorter, sharper and easier to understand procedures.
5. Use the present tense. A regulation with continuing effect refers to when you apply it, not when you write it or when it comes into force. For this reason, you should write regulations in the present tense. By drawing in the present tense, you avoid complicated and cumbersome verbal forms. DON`T: The fine for driving without a licence is $10.00. SAY: The fine for driving without a licence is $10.00. 6. Write positively. If you can express an idea positively or negatively, express it positively. DO NOT SAY: The governor cannot appoint persons other than those qualified by the Human Resources Agency.
SAY: The governor must appoint a qualified person by the Human Resources Agency. A negative statement can be clear. Use it when you warn the reader. DON`T WALKDON`T SMOKE But avoid multiple negatives in a sentence. DON`T SAY: A demonstration project will not be approved until all the requirements of the application are met. SAY: A demonstration project will only be approved if the applicant meets all requirements. It is better to express even a negative in a positive form. With respect to civil actions in „equity” and not in „law”.
In English legal history, courts of „law” could order the payment of damages and could offer no other remedy (see damages). A separate „fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in „legal cases,” but not in „fairness” cases.