Grammar
Grammar is the set of standards that govern how we should combine and order words, punctuation, phrases, and clauses to communicate with each other in recognizable ways.
1. Fix run-on sentences.
A run-on sentence happens when two independent clauses are joined without the proper punctuation. Independent clauses are complete sentences with a subject and a verb.
The most common kind of run-on sentence is the comma splice, where a comma should be a period. To repair a comma splice, you have three options: (1) after the comma, add a coordinating conjunction (such as “and” or “but”); (2) turn the comma into a semicolon; or (3) turn the comma into a period and capitalize the first word in the new sentence.
- Incorrect: The court intended to broaden standing, it did not clarify the limits of its holding.
- Correct: The court intended to broaden standing, but it did not clarify the limits of its holding.
- Correct: The court intended to broaden standing; it did not clarify the limits of its holding.
- Correct: The court intended to broaden standing. It did not clarify the limits of its holding.
2. Fix sentence fragments.
Sentence fragments occur when a sentence isn’t an independent clause, meaning that there’s not a subject and a verb. Usually, the writer assumes that the verb from the previous sentence is still in effect, but it’s not (because of the period). If a sentence can’t stand alone with a subject and verb, then it’s a fragment.
- Incorrect: The decision was reversed on appeal. With significant implications for future regulatory actions.
- Correct: The decision was reversed on appeal, with significant implications for future regulatory actions.
3. Make subjects and verbs agree.
Sentences must have subject-verb agreement, which means that both the subject and the verb are singular (“She runs”) or both are plural (“They run”). In short and simple sentences, subject-verb agreement is usually easy to ensure (few people would write “They runs”). Subject-verb agreement becomes more difficult in longer sentences where the subject and verb are separated by many words.
When words come between a subject and its verb, make sure the verb agrees with its actual subject.
- Incorrect: The set of factors used by the courts vary from case to case.
- Correct: The set of factors used by the courts varies from case to case.
When a subject comes after the verb, make sure they agree.
- Incorrect: Within the statute is several provisions that directly address agency discretion.
- Correct: Within the statute are several provisions that directly address agency discretion.
If the subject uses multiple prepositional phrases, still use a singular verb:
- Incorrect: The legitimacy of the process, as well as the fairness of the outcome, depend on the impartiality of the adjudicator.
- Correct: The legitimacy of the process, as well as the fairness of the outcome, depends on the impartiality of the adjudicator.
4. Use the subjective case (I, you, he, she, it, we, they) when pronouns are doing the action. Use the objective case (me, you, him, her, it, us, them) when pronouns are receiving the action.
I, you, he, she, it, we, and they are pronouns in the subjective case, meaning that the pronoun is doing the action of the verb (“he is”; “they say”). Use the subjective case (I, you, he, she, it, we, they, who) when pronouns are used as subjects of verbs.
Me, you, him, her, it, us, and them are in the objective case, meaning that the pronoun is receiving the action of a verb or preposition (as in the phrase “gave it to them”). Use the objective case (me, you, him, her, it, us, them) when pronouns are objects of verbs or phrases.
- Incorrect: The settlement will benefit she more than anyone.
- Correct: The settlement will benefit her more than anyone.
Pronoun case can get tricky when there are two subjects joined by an “and.”
- Incorrect: The court’s decision surprised both Professor Smith and I.
- Correct: The court’s decision surprised both Professor Smith and me.
In the previous example, “Professor Smith and me” is correct because “me” is receiving the action of the verb “surprised.” In the following sentence, “She and I” is correct because ”She” and “I” are doing the action of the verb “agree.”
- Incorrect: Her and me did not agree about the statute’s interpretation.
- Correct: She and I did not agree about the statute’s interpretation.
5. Who is a subjective pronoun (so “who” does the action of a verb), but whom is an objective pronoun (so “whom” receives the action of a verb or preposition).
Pronouns should be in the subjective case (e.g., he, she, who) when they act as the subject of a verb. They should be in the objective case (e.g. him, her, whom) when they are the object—that is, receiving the action of—a verb.
- Incorrect: The attorney, whom had argued three Supreme Court cases, was invited to teach the seminar.
- Correct: The attorney, who had argued three Supreme Court cases, was invited to teach the seminar.
- Incorrect: The judge praised the clerk who she trusted with the opinion draft.
- Correct: The judge praised the clerk whom she trusted with the opinion draft.
One good trick for figuring out whether to use who or whom is to substitute in other pronouns to see which sound right. For example, if you know that “they” is a subjective pronoun and “them” is an objective pronoun, you can test out which sounds right: “some of [they] had started to cry” or “some of [them] had started to cry.” Here many people can hear that “some of them” sounds right even if they might not know the technical terminology of subjective and objective cases.
6. For people, use who, whom, or whose; for inanimate objects, use which or that.
When using relative pronouns, you must know whether the antecedent is human or not.
- Incorrect: The precedent set a framework who guided courts for decades.
- Correct: The precedent set a framework that guided courts for decades.
- Incorrect: The statute contained provisions whose effects were largely unforeseen by legislators.
- Correct: The statute contained provisions the effects of which were largely unforeseen by legislators.
7. Avoid dangling modifiers.
Words or phrases that modify a noun should be placed next to the noun they modify. Otherwise, the modifier can go rogue and appear to be describing a different noun. You don’t want to be the butt of Groucho Marx’s joke: “One morning I shot an elephant in my pajamas. How he got in my pajamas, I don’ t know.”
- Incorrect: After reviewing the trial record in detail, the judgment was overturned by the appellate court.
- Correct: After reviewing the trial record in detail, the appellate court overturned the judgment.
8. Use singular verbs with indefinite pronouns.
Indefinite pronouns are pronouns that refer to nonspecific people, things, or amounts— words like everyone,someone, anyone, no one, each, either, neither, all, some, several, few, many, and none. They are called “indefinite” because their exact reference is not defined in a sentence. The pronoun (“Each” and “Neither”), not the object of the prepositional phrase (“statues” and “parties”), is the subject of the sentence or clause, so indefinite pronouns take singular verbs.
- Incorrect: Each of the statutes reflect a different legislative compromise.
- Correct: Each of the statutes reflects a different legislative compromise.
- Incorrect: Neither of the parties allege bad faith in their submissions.
- Correct: Neither of the parties alleges bad faith in their submissions.
9. Use singular verbs with titles and company names.
Despite appearing plural, titles and company names refer to single entities and thus take singular verbs.
- Incorrect: The Canterbury Tales show all you need to know about medieval law.
- Correct: The Canterbury Tales shows all you need to know about medieval law.
- Incorrect: Baker & McKenzie have offices in more than forty countries.
- Correct: Baker & McKenzie has offices in more than forty countries.
10. Avoid starting sentences with for, and, nor, but, or, yet, so, and however.
Some words cannot logically start a sentence because they depend upon something prior. The words for, and, nor, but, or, yet, and so (remember the acronym “FANBOYS”), as well as “however” cannot start a sentence. The technical term for these words is “post-positives.” Place post-positives after a comma or an introductory phrase
- Incorrect: The plaintiff argued the statute was ambiguous. But this interpretation is inconsistent with established precedent.
- Correct: The plaintiff argued the statute was ambiguous, but this interpretation is inconsistent with established precedent.
- Incorrect: Many parties raised constitutional challenges. However, the court found no basis for the plaintiff’s claim.
- Correct: Many parties raised constitutional challenges. The court found no basis, however, for the plaintiff’s claim.
Punctuation
Punctuation is the set of non-alphabetical markings—including commas, colons, semi-colons, dashes, hyphens, apostrophes, quotation marks, and so forth—that aid grammar.
11. Use a comma and coordinating conjunction to join two independent clauses.
An independent clause is a complete sentence with a subject and a verb. Consider two independent clauses: (1) “Everyone has the right to freedom of peaceful assembly and association” and (2) “No one may be compelled to belong to an association.” Each of those independent clauses could be a stand-alone sentence.
When two independent clauses are joined with a coordinating conjunction (such as for, and, nor, but, or, yet, or so), you should place a comma before the coordinating conjunction: “Everyone has the right to freedom of peaceful assembly and association, but no one may be compelled to belong to an association.”
- Incorrect: The Supreme Court announced a new standard but lower courts have struggled to apply it.
- Correct: The Supreme Court announced a new standard, but lower courts have struggled to apply it.
12. When a coordinating conjunction joins two words, phrases, or subordinate clauses, do not use a comma.
If something is not an independent clause, meaning it could not stand alone as its own sentence, you should not place a comma before the coordinating conjunction. Never use only one comma between a subject and its verb. Don’t put a comma between the two nouns in a compound subject, or between the two verbs in a compound predicate, or between the two nouns in a compound object.
- Incorrect: Legal arguments presented in briefs, or at oral argument must be supported by precedent.
- Correct: Legal arguments presented in briefs or at oral argument must be supported by precedent
- Incorrect: The judge instructed the jury carefully, and without bias..
- Correct: The judge instructed the jury carefully, and without bias.
13. When elements are essential to the meaning of a sentence, do not set them off with a comma.
Do not use commas to set off restrictive elements—that is, elements that are essential to the complete meaning of the sentence.
- Incorrect: The new city would be free, from the burdens of the past.
- Correct: The new city would be free from the burdens of the past.
14. When a clause is not essential to the main grammar of a sentence, set it off with commas on either side.
For a non-restrictive clause, one (like this one) that clarifies meaning but can be dropped without disrupting the main sense of the sentence, use a pair of commas on either side (e.g., it would be possible to read, For a non-restrictive clause … use a pair of commas on either side). The first comma indicates the beginning of the modification, and the second indicates the end.
- Incorrect: The government’s policy which was adopted in 2020 remains in effect.
- Correct: The government’s policy, which was adopted in 2020, remains in effect.
15. Use a comma between all items in a series, including before the coordinating conjunction and last item.
Whether to use a comma before the last item in a list or not has been a hotly debated question among punctuation experts. Increasingly, the consensus is that you should use a comma before the coordinating conjunction and last item in a list.
(You may have heard this rule referred to as “the Oxford comma.”)
- Incorrect: The rule requires notice, a hearing and the opportunity for judicial review.
- Correct: The rule requires notice, a hearing, and the opportunity for judicial review.
16. Use an apostrophe when nouns are possessive, not when nouns are plural.
A possessive shows ownership. “Courts” is a plural noun, meaning there is more than one of them. “Court’s” is a possessive noun, meaning that a court owns something (as in “The court’s authority…”).
- Incorrect: The courts authority was limited by previous decisions.
- Correct: The court’s authority was limited by previous decisions.
The apostrophe comes before the letter “s” when the possessive noun is singular; it comes after the letter “s” when the possessive noun is plural.
- Incorrect: The judges opinions varied on the meaning of due process.
- Correct: The judges’ opinions varied on the meaning of due process.
- Incorrect: Although they stood outside the stage door for an hour, the fan’s wish to meet the famous actor was unfulfilled.
- Incorrect: Although they stood outside the stage door for an hour, the fans wish to meet the famous actor was unfulfilled.
- Correct: Although they stood outside the stage door for an hour, the fans’ wish to meet the famous actor was unfulfilled.
To form the possessive of an irregular plural noun that does not end in s, add ‘s.
- Correct: The court considered the criteria for the children’s rights under the statute.
To form the possessive of any singular proper noun (a name), add ‘s even if the name ends in s.
- Correct: The Supreme Court cited Abrams’s arguments in the brief.
To form the possessive of a plural proper noun (a name), add only an apostrophe.
- Correct: The firm managed the Smiths’ assets for decades.
17. Use dashes as “hard commas” to set off information from the main flow of a sentence.
Dashes are used to set off information or to signify a pause or interruption to the main flow of the sentence.
- Incorrect: The petitioners who were business owners, non-profit organizations, and private citizens challenged the regulation’s validity in court.
- Correct: The petitioners—who were business owners, non-profit organizations, and private citizens—challenged the regulation’s validity in court.
Dashes are especially helpful when there are lots of commas, especially when a digression has a list within it.
- Incorrect: The legislative history including committee reports, floor debates, and sponsor statements, provides important context for statutory interpretation.
- Correct: The legislative history—including committee reports, floor debates, and sponsor statements—provides important context for statutory interpretation.
Remember that dashes are different from hyphens. Dashes signal breaks in a sentence, whereas hyphens join words together.
- Incorrect: In some cases, the cave artists sank their hands in clay or dye and made their marks on the walls-perhaps in memory of the bear marks of old.
- Correct: In some cases, the cave artists sank their hands in clay or dye and made their marks on the walls—perhaps in memory of the bear marks of old.
18. Do not use a comma before “because” or other clauses that conclude a sentence.
Do not use a comma to set off a concluding clause that is essential for meaning.
- Incorrect: The regulation was struck down by the court, because it exceeded the agency’s statutory authority.
- Correct: The regulation was struck down by the court because it exceeded the agency’s statutory authority.
- Incorrect: The law was challenged, after it was enacted.
- Correct: The law was challenged after it was enacted.
19. Use a comma after an introductory clause or phrase of three words or more.
For introductory clauses of one or two words, commas are optional.
- Incorrect: In spite of these limitations courts have continued to apply the doctrine.
- Correct: In spite of these limitations, courts have continued to apply the doctrine.
20. Use a hyphen when two or more words work together to modify a noun.
When two or more words work together as an adjective to modify a noun, they should be hyphenated.
- Incorrect: The well known doctrine has been applied in contract disputes for decades.
- Correct: The well-known doctrine has been applied in contract disputes for decades.
When two or more words stand alone as nouns, do not use a hyphen.
- Incorrect: The agreement was reached following a face to face meeting of the parties.
- Correct: The agreement was reached following a face-to-face meeting of the parties.
- Incorrect: The lawyer met with her client face-to-face.
- Correct: The lawyer met with her client face to face.
21. Semicolons can be used to join two independent clauses, meaning that each clause could be a stand-alone sentence.
You join two independent clauses with a semi-colon to indicate that they are closely related. Both sides of a semicolon must be independent clauses, meaning that each side could be a complete sentence. The writer joins the sentences with a semicolon to indicate that they should be read together as a pair.
- Incorrect: Statutory interpretation is often complex; because courts may reach different conclusions on similar language.
- Incorrect: They added to them; beginning a long process of turning the files into a new environment.
- Correct: The defendants didn’t just read the documents; they added to them, beginning a long process of turning the files into a new environment.
- Correct: The defendants didn’t just read the documents. They added to them, beginning a long process of turning the files into a new environment.
- Correct: The defendants didn’t just read the documents, for they added to them, beginning a long process of turning the files into a new environment.
22. Use semi-colons for lists within lists.
Usually, you use commas to separate the items in a list. Sometimes the items in a list have commas within them or the items are very long. In those cases, use semi-colons to separate the items in the list.
- Incorrect: The statute refers to persons residing in California, Arizona or Nevada, corporations with a principal place of business in the United States, and governmental entities created by state law.
- Correct: The statute refers to persons residing in California, Arizona, or Nevada; corporations with a principal place of business in the United States; and governmental entities created by state law.
23. What comes before a colon must be a complete sentence. What comes after a colon does not need to be a complete sentence (but it can be).
A colon is used to elaborate upon an idea. What comes before the colon (the idea being elaborated upon) must be an independent clause, meaning it could be a complete sentence that stands alone. What comes after the colon (the elaboration) can either be an independent clause or a dependent clause.
- Incorrect: They began by strategically neglecting one of the most visible monuments. The restored Karnak temple complex, which was dedicated to the important god Amun.
- Correct: They began by strategically neglecting one of the most visible monuments: the restored Karnak temple complex, which was dedicated to the important god Amun.
- Incorrect: There was one significant difference, everything needed to happen quickly and was built in a rush, cheaply, for immediate use.
- Correct: There was one significant difference. Everything needed to happen quickly and was built in a rush, cheaply, for immediate use.
- Correct: There was one significant difference: everything needed to happen quickly and was built in a rush, cheaply, for immediate use.
24. Don’t capitalize words just because they’re important.
Don’t capitalize willy-nilly just because a concept is important
- Incorrect: The Constitution guarantees Equal Protection under the Law.
- Correct: The Constitution guarantees equal protection under the law.
25. Use parentheses for less-important statements.
Do not put essential information in parentheses. A sentence should still make sense and convey the intended ideas if you remove the parenthetical statement.
- Incorrect: The American Bar Association, founded in 1878, publishes numerous legal periodicals.
- Correct: The American Bar Association (founded in 1878) publishes numerous legal periodicals.
When an entire sentence is parenthetical, place the end punctuation inside the closing parentheses.
- Incorrect: Chief Justice Marshall was the author of many landmark decisions, such as Marbury v. Madison, which established the principle of judicial review. (He also wrote McCulloch v. Maryland which clarified federal powers).
- Correct: Chief Justice Marshall was the author of many landmark decisions, such as Marbury v. Madison, which established the principle of judicial review. (He also wrote McCulloch v. Maryland which clarified federal powers.)
26. Use ellipses to indicate words omitted from a quotation.
Punctuate ellipses with a space after a word, the three periods, and another space before the next word.
- Incorrect: The Court held that “the Due Process Clause guarantees more than fair process; it also provides heightened protection…against government interference with certain fundamental rights and liberty interests.”
- Correct: The Court held that “the Due Process Clause guarantees more than fair process; it also provides heightened protection … against government interference with certain fundamental rights and liberty interests.”
Don’t put brackets around ellipses.
- Incorrect: The Court held that “the Due Process Clause guarantees more than fair process; it also provides heightened protection […] against government interference with certain fundamental rights and liberty interests.”
Don’t begin or end quotations with ellipses.
- Incorrect: The First Amendment provides that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof …”
- Incorrect: Justice Black wrote: “… the layman’s constitutional view is that what he likes is constitutional.”
When an ellipsis ends a complete sentence, use four periods: one ends the sentence, and three serve as the ellipsis.
- Incorrect: “Courts must apply the statute as written… The language is clear and unambiguous, requiring no further interpretation.”
- Correct: “Courts must apply the statute as written…. The language is clear and unambiguous, requiring no further interpretation.”
27. Use brackets to alter words for clarity.
When quoting, if you need to substitute a word to add clarity or context—a name for a pronoun, for example—enclose it in square brackets.
- Correct: “Although [Jones] argues otherwise, the evidence supports the jury’s verdict,” the court determined.
- Correct: According to the majority, “When [the agency] failed to act, it abdicated its statutory responsibility.”
It is much better to write your sentence so that you don’t need brackets than to use brackets.
28. Use italics for terminology, foreign words, and emphasis.
Use italics to signal the introduction of a new term (which should then probably be defined). Once a term is defined, it is not placed in italics anymore.
- Incorrect: The doctrine of stare decisis is fundamental to our system.
- Correct: The doctrine of stare decisis is fundamental to our system.
Use italics for foreign words.
- Incorrect: The parties entered into a bona fide agreement.
- Correct: The parties entered into a bona fide agreement.
29. Italicize the titles of long works.
- Correct: In Marbury v. Madison, the Supreme Court established the principle of judicial review.
- Correct: The argument in The Concept of Law by H.L.A. Hart profoundly influenced modern legal theory.
In titles, words that would usually be italicized should be unitalicized.
- Correct: Her most recent book is Revisiting Marbury v. Madison in the Twenty-First Century.
30. Place quotation marks around the titles of short works.
Use quotes for a short poem, such as one not printed in a separate volume (George Herbert’s poem “Mortification” is in his collection The Temple); a short story (Flannery O’Connor’s “A Good Man is Hard to Find”); an article or essay (Stanley Fish’s essay “Interpreting the Variorum” is in his book Is there a Text in This Class? The Authority of Interpretive Communities); a song title (Bob Dylan’s “Desolation Row” is on his album Highway 61 Revisited); and an episode of a television or radio show (the episode of The Simpsons titled “Bart the Daredevil”).
- Correct: The note “Constitutional Constraints on State Aid to Parochial Schools” addresses the boundaries of government support for religious institutions.
- Correct: Justice Ginsburg discussed the importance of procedural protections in her article “Some Thoughts on Judicial Authority..”
31. Introduce quotes with correct punctuation.
Avoid floating quotations, where a quote stands alone as its own sentence without being introduced. “Like this sentence here: don’t do this!” You always want to provide any context your reader might need to understand the quote or explain how you want them to read the quote.
When introducing quotes, there are three strategies available to you: (1) run the quote into your own phrasing; (2) introduce the quote with a comma; or (3) introduce the quote with a colon.
- Correct: The majority opinion describes the principle as “a foundational element of modern administrative law.”
- Correct: As the Court explained, “Judicial review of agency action is an essential safeguard against arbitrary governance.”
- Correct: The dissent forcefully rejected the majority’s reasoning: “The Court does not acknowledge the statutory text. Its reasoning rests instead on policy considerations never adopted by Congress.”
When a quotation is more than one sentence, it must be introduced with a colon.
- Incorrect: Justice Marshall wrote that “judicial independence is essential. No free society can exist without it.”
- Correct: Justice Marshall made his position clear: “judicial independence is essential. No free society can exist without it.”
Capitalize the first word of a quoted sentence that is introduced with a comma or colon but not a quoted word or phrase that is run into your own phrasing.
- Incorrect: As Professor Tribe remarked, “federalism is not a mere matter of administrative convenience.”
- Correct: As Professor Tribe remarked, “Federalism is not a mere matter of administrative convenience.”
- Incorrect: Tribe sees federalism as “Not a mere matter of administrative convenience.”
- Correct: Tribe sees federalism as “not a mere matter of administrative convenience.”