Legal, Legislative, and Rule Drafting in Plain English


Book Description

"A substantially expanded version of Professor Martineau's Drafting legislation and rules in plain English"--P. v.




Plain English for Drafting Statutes and Rules


Book Description

Take advantage of the authors' combined 75 years of experience drafting constitutional Provisions, federal and state statues, administrative and court rules, and local laws, as well as Professor Martineau's 30 years spent developing courses in legislative drafting and teaching Plain English drafting to law students and professional drafters. Critical coverage for drafters and students, seasoned professionals and beginners alike, this practical lawyering skills book is replete with coverage of: Principles and rules governing sentence structure A full description of the legislative and rule making process, statutory interpretation, and the formal requirements for both statutes and rules at the federal, state, and local levels All aspects of the drafting process from original idea to enactment or adoption Guides for tabulation, definitions, and other aspects of statutory and rule drafting Chapters on rules governing the structure of a bill or regulation While initially designed for course use, Plain English for Drafting Statues and Rules will prove invaluable to anyone involved in this area, including: Any person, lawyer or non-lawyer, with responsibility for drafting a law (constitutional provision, federal or state statute, or local government charter or ordinance, or a rule. Legal professionals with the aforementioned responsibility who work in private practice. Attorneys who work for a government body that enacts legislation or adopts rules, including legislative drafting agencies and municipal attorneys. The Teacher's Manual for Plain English for Drafting Statutes and Rules contains a series of poor drafting examples of each type of drafting error to be given to students to improve. The Manual then contains the authors' approach to improving each example.




Legal Drafting in Plain Language


Book Description

This is the third edition of Robert Dick's informative guide to drafting. In this edition he emphasises that plain language in the use of legal documents is here to stay.




Drafting Legislation


Book Description

Drafting Legislation sets out to prove Sir William Dale's doctrine that the rules for drafting good quality legislation are the same in common and civil systems of law. Legislative solutions can therefore serve the drafter, the judge and the practitioner of any jurisdiction. The book discusses the general issue of quality in legislation from the legislative process to the actual drafting interpretation and enforcement. It also analyzes topics related to quality in legislation such as clarity, precision and disambiguity, plain language and gender-neutral language and assesses whether Sir William's view of universality in the definition and elements of quality in legislation is right or not. The volume is of critical interest to students and scholars of European law and the philosophy and theory of law.







Legal Writing in Plain English


Book Description

“This easy-to-follow guide is useful both as a general course of instruction and as a targeted aid in solving particular legal writing problems.” —Harvard Law Review Clear, concise, down-to-earth, and powerful—all too often, legal writing embodies none of these qualities. Its reputation for obscurity and needless legalese is widespread. For more than twenty years, Bryan A. Garner’s Legal Writing in Plain English has helped address this problem by providing lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. The leading guide to clear writing in the field, this indispensable volume encourages legal writers to challenge conventions and offers valuable insights into the writing process that will appeal to other professionals: how to organize ideas, create and refine prose, and improve editing skills. Accessible and witty, Legal Writing in Plain English draws on real-life writing samples that Garner has gathered through decades of teaching. Trenchant advice covers all types of legal materials, from analytical and persuasive writing to legal drafting, and the book’s principles are reinforced by sets of basic, intermediate, and advanced exercises in each section. In this new edition, Garner preserves the successful structure of the original while adjusting the content to make it even more classroom-friendly. He includes case examples from the past decade and addresses the widespread use of legal documents in electronic formats. His book remains the standard guide for producing the jargon-free language that clients demand and courts reward. “Those who are willing to approach the book systematically and to complete the exercises will see dramatic improvements in their writing.” —Law Library Journal




Legal Drafting


Book Description




Legal Drafting by Design


Book Description

Designed for upper-level survey legal drafting courses, this groundbreaking text explains drafting using a common vocabulary that applies to any legal document based on a fundamental rule structure, including statutes and other forms of public drafting as well as contracts and other forms of private drafting. This unified drafting approach gives students a common denominator approach to drafting all kinds of legal documents. In addition, students can use the techniques they’ve learned to deconstruct, interpret, and revise any kind of legal document composed of rules. This common-sense approach of teaching/learning a single vocabulary and set of skills to use in drafting any rules-based legal document is an innovative model for U.S. legal drafting courses, though it has been used in other countries for decades. Key Features: A unified approach that teaches students the general skills of drafting rules of law—duties, discretionary authority, and declarations, including their conditions in legal tests. Practice applying those skills to drafting a range of documents, including contracts, statutes, regulations, and other. Coverage of how courts interpret the rules and how to draft anticipating what the courts will do. An understanding of how law governs human behavior through the rules that students learn to draft. A wide range of classroom exercises on the detail of drafting. Additional drafting assignments, for use in and out of class, that help students learn how to use the rules and to accomplish clients’ goals.




How Laws Are Written and Applied


Book Description

The complexity of laws is always a controversial issue. Many argue that laws are unduly complex while others assert that the complexity is unavoidable and that so-called legal language has to remain because of hallowed linguistic tradition. As with most things, the answer lies somewhere in between. Laws cannot be made to be simpler than their subject matter. The best that a legislative drafter can do is to make a law as simple as possible. There are many books respectively on the drafting of laws and the interpretation of statutes. However, these books are bulky and meant only for lawyers or law students. This book is written by a person who, after decades of drafting laws and giving legal advice, found that officials who made legislative proposals and reviewed drafts prepared by him would greatly benefit from a book that gives, in one reasonably-sized volume, the most essential written-language skills and the most frequently encountered rules of statutory interpretation. Without these skills, it is difficult for such officials to meaningfully review drafts. Before going into these areas, he examines the pros and cons of the plain English movement and then applies a plain language approach to his content on how laws are written and should be written. In addition, there are many professionals in fields other than legislative drafting who are engaged to drafts laws. And yet knowledge of the subject matter of a proposed law does not make one fully competent to draft it. In order for such professionals to prepare respectable drafts, they need general legislative drafting skills. This volume contains the basic skills necessary for any professional in a substantive subject matter to be better able to write legislation in that area. It will also help any member of the public who has to pay for legal advice on certain simple matters which he could figure out for himself if only he knew some simple rules applied in the interpretation of statutes.




Modern Legal Drafting


Book Description

Modern Legal Drafting provides a comprehensive, authoritative guide to drafting legal documents in effective, plain English. Peter Butt, a leading expert in the field, has fully revised and updated the text for this new edition. It combines a practical focus with the legal principles that underpin the use of plain language in law. This dual practical and academic approach distinguishes it from other books in the field. It includes expanded material on the techniques for achieving a style that is both clear and legally sound. It also includes new material on the challenges and merits of drafting in plain language, and provides many before-and-after examples to help both practising lawyers and students develop their skills. It takes an international approach, drawing upon case law and statutes from England, Australia, New Zealand, the United States, Canada, Ireland, India, Malaysia, Singapore and Hong Kong.