LEGAL ENGLISH

GRAMMAR CHEAT SHEET – USE OF ARTICLES

IS THE NOUN COUNTABLE? IS THE NOUN DEFINITE?

A are countable nouns 1. The object has already been mentioned

B are uncountable nouns Yesterday I went downtown and bought a law book. I took
a bus to come back. It was very crowded. A person pushed
C are mixed me while I was on the bus and I dropped the law book.

2. The object is unique or represents a category

of things
The world is changing.
The squirrel is a nervous animal.

3. Context makes it obvious

You will find our price list in the attached document.
I will start my presentation as soon as you have received
the handouts.

4. Extra information makes it definite

Our company will pay the cost of your plane ticket to
Rome.

Hint: “A” article may be used if “any” can be inserted

5. Ranking makes it definite
before a noun, e.g. appearance before a (means “any
The most important issue here is safety.
competent”) court.

OMITTING ARTICLES
- when a sentence links two parallel adjectival phrases:
The judge ruled that ABC Company Ltd was a validly registered and (an) existing company.

- when using certain abstract nouns in a general, conceptual sense:

In the event of conflict between the definitions given in appendix 1 and the definitions given in the contract, the contract
shall prevail.

- when using geographic names and idiomatic uses:

Geographic: continents, countries, towns, streets, mountains and buildings. Note: The Slovak Republic (multiword), but
Slovakia (no article).
Idiomatic: home / bed / church / court / prison / school / college / university / hospital / work

- when using plurals

EXAMPLES

- If the defendant (the object has already been mentioned) is not represented by counsel
(conceptual sense and abstract, i.e. zero determiner)and the court (the object has already
been mentioned) finds that the defendant is not able to obtain counsel for the purposes of
the proceeding(extra information makes it definite, or the object has already been
mentioned), the court shall appoint counsel to represent the defendant at the proceeding.

- The interpreter (the object represents a category, orthe object has already been mentioned)
may not disclose a communication (any communication whatsoever)between the defendant
and defense counsel or a fact (any fact whatsoever) that came to the attention (extra
information makes it definite) of the interpreter while interpreting those communications if
defense counsel may not disclose that communication or fact (linking two parallels).

- Whenever, in the presence or within the observation (extra information makes it definite)
of a magistrate, an attempt is made by one person to inflict an injury(any injury) upon
himself or to the person (extra information makes it definite) or property (no article needed
because of linking parallels) of another, including the person or property of his spouse, it is
his duty to use all lawful means to prevent the injury(the object has already been
mentioned).

- Any legal owner which in the regular (extra information makes it definite) course of its
business conducts sales of repossessed (plural) or surrendered motor vehicles may take
possession and conduct the sale of the vehicle (the object has already been mentioned) if it
notifies the officer to whom the vehicle is surrendered of its intent to conduct the sale
within 15 days of the mailing of the notice pursuant to subdivision (a) (general, conceptual
sense).

Recommended reading:
http://www.law.cuny.edu/legal-writing/students/multilingual/grammar/articles.html
LEGAL ENGLISH
GRAMMAR CHEAT SHEET – GERUNDS

General rule:
verb + ing is used for the continuation of an activity
verb + infinitive is used for a change to a new activity

These verbs are followed by –ing forms if there is no object. If there is an object, use an infinitive.
Also possible:
(1) noun + an infinitive
(2!) infinitive with a difference in meaning
(3) infinitive with little difference in meaning

She acknowledged receiving illegal assistance.

acknowledge
They admitted falsifying the data.
Harvey Weinstein was misquoted in a published article claiming the
admit disgraced movie mogul had admitted offering acting jobs to actresses
in exchange for intimacy.

Everyone volunteered to go and everybody advised making the

attempt.
advise (1) As a lawyer, I wouldn’t advise buying a used car.
The Florida Supreme Court is being advised to suspend former 12th
Circuit Court judge from practicing law.

Ireland doesn't allow smoking in bars.

Meghan Markle was not allowed to wear her Wimbledon hat at
allow (1)
Wimbledon this year.

I anticipated arriving late for a hearing.

anticipate You should anticipate being in the court for at least two hours.

I appreciate (your) making the effort to come and testify.

appreciate I appreciated having a chance to read your draft.

He avoided answering the prosecutor’s question.

One of the main rules of writing academia papers is to avoid using
avoid
second person.

She began using the time-keeping software somewhat by accident.

I began to realize how important it was to be an enthusiast in the field
begin (3)
of law.

The government ceased providing free healthcare.

cease (3)
On his retirement the job will cease to exist.
 The company completed renovating its office.
complete
She considered moving to New York.
They bank will consider granting a loan.
consider
(Please note: "considered to be" is redundant)

The solicitor paused for a moment to listen and then continued typing.
Then he continued to review his typed document while his client put in
the call.
continue (3)
The Federal Reserve will continue to raise rates gradually as the US
economic outlook remains strong.

The lawyer defended her making such statements.

defend They defend purchasing the new car because they have two jobs.

He delayed doing his taxes.

delay
He denied committing the crime.
deny They denied copying the information.

We discussed working at the company.

discuss They discussed conducting the research again.

He encourages spending more time in the library.

City officials encourage citizens to recycle / recycling.
encourage (1) Consumers will be encouraged to deposit cash with banks as early as
possible.

Clients enjoy attending receptions organized by the law firm.

enjoy (Please note: "enjoy to" is non-standard.)

All of this is despite the oil disaster in the Gulf of Mexico that we have
only just finished dealing with.
finish (2!) Paragraph 24 deals with compulsory retirement age so that people can
choose when they want to finish working.

Young lawyers never forget sitting at a hearing for the first time.
The growing effectiveness of the health system prompts the need for
health safety, though one should not forget to draw comparisons with
forget (2!) the poorest countries.
Since there is no similarity between the license marks at issue, that the
opponent has forgotten to examine the second license agreement.

He imagines working with that law firm one day.

It is difficult to imagine applying the measures in question.
It didn't seem possible for her to succeed at Xander's latest trial, and
imagine
the consequences were far greater than anything she imagined dealing
with.
I had imagined the law firm partner to be older than that.
 The partner’s job involves traveling to Japan once a month.
This procedure involves reviewing each letter we send out to clients
involve
twice.

You are totally justified criticizing us as we almost lost the case.

justify My results justify taking drastic action.

Unfortunately, the defendant kept interrupting me.

keep Our new client keeps complaining about the hours we bill.

He likes telling others about various frivolous cases they analyzed at

school. (note: emphasis on the experience or action)
We have many corporate clients. I like to organize little get-togethers
like (3)
for them every year. (note: habit or preference)

He mentioned going to court.

The witness mentions seeing this event in his statement.
mention

Do you mind waiting here for a few minutes?

Law students don't mind working pro bono.
mind I hope you don't mind me bothering you with this question.

She misses living in the vicinity of the court.

miss He had missed being elected by a single vote.

Our main meeting room needs cleaning in order to be presentable.

People often think you need to have acres of land to grow all your own
food.
need (2!) (Please note: “-ing” is used to talk about something that is necessary
for someone to do.)

Sometimes she neglects doing her court preparation at home.

The Office Manager should not neglect to register every book the
neglect (3)
lawyers borrow from the firm’s library.

California does not permit smoking in restaurants.

permit (1)
He postponed returning to Paris because of a client meeting.
postpone The committee has postponed writing the report.

She practiced singing the song.

practice
He prefers sitting at the back of the court room.
prefer (3) I prefer to sort out a problem as soon as I can.
 I proposed having lunch with our client at the restaurant.
propose (3)
She quit worrying about the problem.
For the past decade, a region-wide campaign helps smokers who are
ready to quit smoking to take action.
quit (2!)
A rising star on Barclays' trading desk quit to join a secretive Wall
Street trading juggernaut.

One of the defendants recalled using his credit card at the convenience
recall store.

She recommends reading latest judgments and decisions on daily basis.

recommend
She regretted saying that before this particular judge.
Maybe he regretted extending the offer of help.
Derek was struggling to assemble the desk, so he deeply regretted
regret (2!) throwing away the instructions.
We regret to inform you that you have not been selected for interview.
I regret to learn of your bitter experience in court.

I remember telling her the address of the witness yesterday.

In spite of such worldly concerns, I barely remember doing the research
on that case.
remember (2!)
"Tell the tailors," said he, "to remember to make a knot in their thread
before they take the first stitch."

Two neighbors reported seeing a black car near the house.

He reported her stealing the money.
report Almost 60 percent of those displaced were reported to be under the
age of eighteen.

The certificate requires completing two courses.

require
Nick resented Debbie's being there.
resent He resented spending so much time on the project.

The victim resisted asking for help.

resist The writer resists giving any easy answers.

He risked being caught.

risk She risks losing her viewing time.

He started studying harder.

start (3)
Lucy and Fernando stopped working at 5 o'clock last night. (note: They
were working until 6 PM. After 6 PM, they were not working anymore.)
versus
stop (2!)
At 10 AM, Lucy and Fernando always stop to take a coffee break.
(note: They work until 10 AM and then stop working in order to take a
coffee break.).
 Mortgages became difficult to obtain, house prices stopped rising,
commercial properties remained vacant and the economic squeeze
began to hurt the profession.
Australia has stopped using plastic bags in supermarkets. Shoppers
take their own bags with them now when they go shopping.
On our way to the client we stopped to have something to eat.

They suggested staying at the hotel.

suggest I suggest filing the action with the court again.

Women artists won't tolerate being paid less than their male peers.
The audience have tolerated listening to a boring speech.
tolerate
The lawyer tolerated her talking as she was a respected client.

Sam tried opening the lock with a paperclip. (note: with “-ing” it’s not
difficult – it might work, it might not.)
We tried to call to contact the claimant, but we didn't get an answer.
try (2!)
(note: with an “infinitive” something is difficult and you make an
attempt to do it.)

I understand his quitting.

Generally, in these discussions, 'capacity' and 'competence' are
understand understood to mean 'decisional capacity' and 'mental competence',
respectively.

urge They urge recycling bottles and paper.

Gerunds can follow a preposition; infinitives cannot.

Examples:
Can you touch your toes without bending your knees?
He was fined for driving over the speed limit.
She got the money by selling the car.

1. Nate deserved to win/winning the prize for to write/writing that amazing short story about
traveling/to travel through Peru. I don't understand him not to receive/his not receiving the award.

2. I can't believe you wanted to go/going to fish/fishing, and you forgot bringing/to bring a fishing
pole. How did you expect to catch/catching any fish? Were you just going to sit in the river to
try/trying catching/to catch fish with your bare hands? You would have had a hard time to do/doing
that!
3. Vince is determined to save/saving enough money traveling/to travel to South Africa next year. If
he avoids wasting/to waste his money and manages to save/saving what he needs to make/making
the trip, he plans on to leave/leaving in June.

4. When Sam mentioned to want/wanting going/to go swimming/to swim, Nina warned him not to
go/his not going into the river. She explained that the national park did not allow visitors to
swim/visitors' swimming for several reasons. The number one reason for not to permit/not
permitting visitors to swim/swimming was the large number of crocodiles in the park.

5. The Oscar-winning actor avoids to talk/talking to his fans and refuses to give/giving his autograph.
Moreover, he has difficulty giving/to give interviews and appears having/to have problems
interacting/to interact with other people. Doesn't he seem way too shy to be/being an actor?

6. Simone and Michael discussed to go/going to Tahiti on their honeymoon, but they had very
different opinions about to visit/visiting such an expensive destination. Michael said that after such a
costly wedding, he couldn't see to spend/spending so much money on a vacation. Simone defended
them to go/their going to Tahiti by to argue/arguing that a honeymoon is a once in a lifetime
experience.

7. To use/Using a search engine looking/to look things up on the Internet is a skill that all students
need to learn/learning. That is why the government is urging schools to begin/schools' beginning to
teach/teaching basic computer skills in elementary school. Schools also encourage parents'
reinforcing/parents to reinforce these skills at home by to surf/surfing the Internet together with
their children.

8. Samantha kept having/to have problems with her computer at work. Her co-worker Denise
suggested shutting/to shut down the computer and restarting/to restart it to see/seeing if that
would solve the problem.

9. Jack's interest in to learn/learning foreign languages is a major factor in his decision to

move/moving to China. One of his life-long goals is learning/to learnto speak/speaking Chinese
fluently. To learn/Learning Chinese will be quite a challenge, but to live/living in China should enable
him to achieve/his achieving his goal of mastering/to master the language more quickly.

10. Simon's attempts finding/to find accommodation in Paris were not very successful. He tried
calling/to call every hotel in his guidebook, but he was shocked to discover/discovering they were all
full. He called all the youth hostels to find/finding out if they had any beds, but they were full, too.
Another traveler advised him to go/going to the tourist information office asking/to ask for help, but
the office was closed. Although Simon hated the idea of leaving/to leave Paris without having
seen/to have seen anything, the thought of sleeping/to sleep in the train station or to walk/walking
the streets all night convinced him to take/his taking the train to another city looking/to look for
accommodation there.