Legal Comma Definition
However, the intended meaning of the words was two distinct categories “shipping” and “distribution”. If the serial comma had been used, there would have been no ambiguity. However, if the introductory sentence is clear and short (three or four words), the comma is optional. The court`s final decision was in favor of delivery drivers, who argued that the absence of a comma meant that “packing for shipping or distribution” was an action. As a result, drivers were entitled to overtime pay for their sales work. The state of Maine, on the other hand, has learned an important lesson in the rules of legal grammar. It may seem tedious and time-consuming to master the placement and correct use of punctuation in the standard legal document. However, it`s important to note that you can seriously compromise the quality of your documentation if you don`t. Correct punctuation helps structure your document and improve the quality of actual content. Perhaps a trade-off to save time without sacrificing quality is to use a legal document format or custom template to help you navigate common legal forms, memos, and other forms of documentation. Whichever specific approach you choose, make sure proper punctuation is a top priority.
Although some authors still use them and rely on the absence or presence of a comma to indicate whether the modifier is restrictive or non-restrictive, legal drafters must follow the traditional rule of using comma for restrictive modifiers and non-comma modifiers for non-restrictive modifiers. Section 11. Similarly, use commas to include degrees or headings used with names. Examples: Freddy, who is limping, had a car accident. If we already know which Freddy it is, the description is not essential. The boy who is limping had a car accident. We do not know which boy it is without further description; Therefore, commas are not used. As noted in the first citation, two or more cases must be separated by a semicolon. Also, be careful not to italicize the comma after the case name. Article 15a. Use a comma before and after certain introductory words or terms, such as, in particular, that is, include and for example, when followed by a series of elements.
In punctuation, commas are used to separate terms or items in a list. The serial comma, also known as the Oxford comma, is a comma that precedes a conjugation in a list of three or more items. The conjugation is usually “and” and “or”; The following examples illustrate how to use it: In the previous examples, note the comma after sister and later. Non-essential words, clauses and phrases that appear in the middle of a sentence should be placed with commas. The closing comma is called the appositive comma. Many authors forget to add this important comma. Here are two examples of the need for an appositive comma with one or more names. Another way to determine if a comma is necessary is to put mentally and between the two adjectives. If the result still makes sense, add the comma. In the above examples, a strong and healthy man makes sense, but not an expensive, summer resort. Rule 12c.
If a quote acts as a subject or object in a sentence, it may not need a comma. If the non-restrictive modifier is at the end of the sentence, insert a comma to distinguish the modifier from the rest of the set. If a non-restrictive modifier is in the middle of a sentence, place it in a comma pair. Article 12a. Use commas to introduce or interrupt direct quotes from dialogue or text. The simple series rule is: use commas to separate elements in a series of three or more elements. If the items in the series contain commas, use semicolons to separate the items. But what about the “Oxford” comma? Maine law explicitly excludes certain categories of workers from the definition of worker. The categories are as follows: In most legal documents, the hyphens used in the text appear to be intentionally perceptible to most readers. Although hyphens and hyphens are regularly used in many different spellings, two specific types of hyphens – hyphen and hyphen – play an important role in legal drafting. Article 5a.
Use commas to separate words, clauses, and non-essential phrases (see Who, That, What, Rule 2b). Rule 3a. Many novice writers merge two independent sentences using a comma instead of a period. The result is the dreaded sentence or, technically, a comma splice. Article 6c. In general, use commas to put the word too much in the middle of the sentence. However, it is usually not necessary to precede a comma at the end of a sentence. While the above statements can only confuse someone reading the outcome of a case, there are best practices for legal grammar rules to avoid uncertainties during a case that could result from incorrect punctuation and sentence structure. Article 13 Use a comma to separate a statement from a question. For other incomplete dates, a comma may be recommended. The hyphen is perhaps the least used sign in legal writing. The hyphen can be used in a variety of ways, including creating a pause in thought, a colon in conversation, emphasizing a concluding sentence, an explanation in parentheses, or indicating a collection of grouped ideas.
In the world of legal writing, there are cases where a comma is simply insufficient or exaggerated and parentheses are too distracting. In these cases, a hyphen may be useful. For example, following the example of Maine, while English requires a comma before a coordinating conjunction, Spanish forbids it. In addition to an in-depth knowledge of the legal systems of the two countries, which can also differ in many ways, the legal translator must be very familiar with the grammar of both languages. In this way, he or she ensures that the outcome of the trial is the same, regardless of where the accused is geographically. Without a comma, the reader might think that “she” was the one who was ready to go. When in doubt, use a comma if you think your reader might be confused about the meaning. The use of the serial comma is not prescribed in writing, but is generally used to eliminate ambiguities.
The importance of the serial comma in legal drafting was emphasized in the Maine labor dispute. In the second sentence, Bill is trivial information – who else but Bill could I mean? – hence the commas. One of the best-known examples of a misplaced comma that has serious legal consequences occurred in 2006. Bell Aliant was able to terminate a fixed 5-year contract with Rogers Communications (a Canadian telecommunications giant) due to a comma in the contract. In the end, this error cost Rogers Communications a total of $2.13 million. However, Rogers appealed the decision on the grounds that the French version of the treaty contained the correct use of the comma. This story is often referred to as the “million-dollar comma.” Lawyers should use the Oxford comma to avoid ambiguity. Three ambiguities can arise without this comma: In this example, the two clauses could be separate sentences, but the connection with a semicolon emphasizes the relationship between them.
The use of a comma alone to link these clauses would not be sufficient and would create a break-in sentence. The typical comma appears to be either overused or underutilized in most documents – including various types of legal writing. Since you should focus on increasing the quality of your legal documents through the proper use of punctuation, it is imperative to learn the art of putting commas in your sentences. The Maine case is not the only one to have proven the importance of commas in legal cases. In 2006, a dispute in Canada over a comma in a 14-page contract between Toronto-based Rogers Communications and Bell Aliant cost C$1 million. It seems that attention in grammar classes has become essential to avoid possible complaints. Rule 3c. If the subject does not appear before the second verb, a comma is usually unnecessary. The flexible rules we used at the university are not sufficient for the legal work we are doing now. Inconsistent or incorrect use of commas in these three areas can lead to confusion and ambiguity and cost your customers dearly. Until you memorize these rules and can apply them consistently, look for them every time you write. Article 14 Use a comma to separate contrasting parts of a sentence.
