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Books on legal writing at a law library. Legal writing involves the analysis of fact patterns and presentation of arguments in documents such as legal memoranda and briefs. [1] One form of legal writing involves drafting a balanced analysis of a legal problem or issue. Another form of legal writing is persuasive, and advocates in favor of a ...
Shall is, however, still widely used in bureaucratic documents, especially documents written by lawyers. Owing its use in varying legal contexts, its meaning can be ambiguous; the United States government's Plain Language group advises writers not to use the word at all. [1]
The Four Corners Rule is a legal doctrine that courts use to determine the meaning of a written instrument such as a contract, will, or deed as represented solely by its textual content. The doctrine states that where there is an ambiguity of terms, the Court must rely on the written instrument solely and cannot consider extraneous evidence.
Nevertheless, in practice, by performing the construction the court can make sweeping changes in the operation of the law. Moreover, courts must also often view a case's statutory context. While cases occasionally focus on a few key words or phrases, judges may occasionally turn to viewing a case in its whole in order to gain deeper understanding.
Legal English, also known as legalese, [1] is a register of English used in legal writing. It differs from day-to-day spoken English in a variety of ways including the use of specialized vocabulary, syntactic constructions, and set phrases such as legal doublets .
An assignment does not necessarily have to be made in writing; however, the assignment agreement must show an intent to transfer rights. The effect of a valid assignment is to extinguish privity (in other words, contractual relationship, including right to sue) between the assignor and the third-party obligor and create privity between the obligor and the assignee.
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The plain meaning rule attempts to guide courts faced with litigation that turns on the meaning of a term not defined by the statute, or on that of a word found within a definition itself. According to the plain meaning rule, absent a contrary definition within the statute, words must be given their plain, ordinary and literal meaning.