Thursday, December 13, 2007

Answer to legal-writing quiz 20

20. In 2002, University of Houston law professor David Crump wrote a law-review article and sent it to every legal-writing teacher in the United States. What was the name of the article?

Answer: Against Plain English

I responded to Crump's article with my own article, What Plain English Really Is

Congratulations to Bobbie

Legal-writing quiz 20

19. Legal-writing teachers generally agree that writers should not present authority to readers in a piece-meal fashion. Instead, writers should group related authorities together, reconcile them as much as possible, and draw from them principles, themes, or general rules. Legal-writing teachers have a name for this process. What is it?

Answer: synthesis (congratulations to Bobbie)

20. In 2002, University of Houston law professor David Crump wrote a law-review article and sent it to every legal-writing teacher in the United States. What was the name of the article?

Legal-writing quiz 19

18. This person is the foremost expert on the language of transactional legal drafting today and is the author of two books on the subject. Name this person.

Answer: Kenneth Adams (congratulations to Ray Ward). Adams is the author of
A Manual of Style for Contract Drafting and
Legal Usage in Drafting Corporate Agreements

19. Legal-writing teachers generally agree that writers should not present authority to readers in a piece-meal fashion. Instead, writers should group related authorities together, reconcile them as much as possible, and draw from them principles, themes, or general rules. Legal-writing teachers have a name for this process. What is it?

Legal-writing quiz 18

17. Published by the ABA, this book, now in its second edition, describes the content, structure, and staffing of legal writing courses and makes recommendations for creating effective legal-writing programs. Name it.

Answer: Sourcebook on Legal Writing Programs (congratulations to Bobbie)

18. This person is (in my opinion) the foremost expert on the language of transactional legal drafting today and is the author of two books on the subject. Name this person.

Legal-writing quiz 17

16. Who is the current editor-in-chief of the Scribes Journal of Legal Writing?

Answer: Joseph Kimble

17. Published by the ABA, this book, now in its second edition, describes the content, structure, and staffing of legal writing courses and makes recommendations for creating effective legal-writing programs. Name it.

Legal-writing quiz 16

15. This citation manual, published by the University of Chicago Law Review in 1989, has never caught on outside that school. What is it usually called?

Answer: Maroonbook (Congratulations to Bryan)

16. Who is the current editor-in-chief of the Scribes Journal of Legal Writing?

Wednesday, December 12, 2007

Legal-writing quiz 15

14. There are at least four books that claim to be comprehensive style references (not just style guides—references) for legal writing. Name them.

Answer:
The Redbook: A Manual on Legal Style
Just Writing: Grammar, Punctuation, and Style For The Legal Writer
Legal Writing: Getting It Right and Getting It Written
Aspen Handbook For Legal Writers

15. This citation manual, published by the University of Chicago Law Review in 1989, has never caught on outside that school. What is it usually called?

Legal-writing quiz 14

13. Name a book that focuses exclusively on litigation writing—not just on persuasion, appellate advocacy, or briefing.

Answer: Plain and Accurate Style in Court Papers by Irwin Alterman (Congratulations to SAM)

14. There are at least four books that claim to be comprehensive style references (not just style guides—references) for legal writing. Name as many as you can.

Legal-writing quiz 13

12. In 1992, the ABA published Legal Education and Professional Development—An Educational Continuum. Half of this report covered “A Vision of the Skills and Values New Lawyers Should Seek to Acquire,” which emphasized, among other things, the importance of legal analysis and written communication in law practice. What is the common name for this report?

Answer: The MacCrate Report

13. Name a book that focuses exclusively on litigation writing—not just on persuasion, appellate advocacy, or briefing.

Legal-writing quiz 12

11. The ALWD Citation Manual was introduced in 2000 as a competitor to The Bluebook. It uses a system of citation very similar to The Bluebook, with one major difference. What is the difference?

Answer: In ALWD, the typeface conventions for scholarly writing and practitioner writing are the same.

12. In 1992, the ABA published Legal Education and Professional Development—An Educational Continuum. Half of this report covered “A Vision of the Skills and Values New Lawyers Should Seek to Acquire,” which emphasized, among other things, the importance of legal analysis and written communication in law practice. What is the common name for this report?

Legal-writing quiz 11

10. To conclude an affidavit, which is better?

a. Further Affiant Saith Naught
b. Further Affiant Sayeth Not
c. Signed

Answer: Signed (Congratulations to SAM)
See Nuts to Further Affiant Sayeth Naught

11. The ALWD Citation Manual was introduced in 2000 as a competitor to The Bluebook. It uses a system of citation very similar to The Bluebook, with one major difference. What is the difference?

Tuesday, December 11, 2007

Legal-writing quiz 10

9. What expert on clear writing created a 100-point readability scale and wrote Why Johnny Can't Read?

Answer: Rudolf Flesch (Congratulations to Bobbie)

10. To conclude an affidavit, which is better?

a. Further Affiant Saith Naught
b. Further Affiant Sayeth Not
c. Signed

Legal-writing quiz 9

8. In 1963, a UCLA law professor published what is widely considered the finest and most exhaustive scholarly work on legal language. Name the book and author.

Answer: The Language of the Law by David Mellinkoff (congratulations to SAM)

9. What expert on clear writing created a 100-point readability scale and wrote Why Johnny Can't Read?

Legal-writing quiz 8

7. Name the colorful phrase that describes the legal-writing field’s high percentage of women and low status.

Answer: Pink Ghetto (congratulations to Paul, who also provided this link)

8. In 1963, a UCLA law professor published what is widely considered the finest and most exhaustive scholarly work on legal language. Name the book and author.

Legal-writing quiz 7

6. Law professor James White offered this critique of the plain-English movement in his book, Heracles' Bow:

The success of any movement to translate legal speech into Plain English will be severely limited. For if one replaces a Legal Word with an Ordinary English Word, the sense of increased normalcy will be momentary at best: the legal culture will go immediately to work, and the Ordinary Word will begin to lose its shape, its resiliency, and its familiarity, and become, despite all the efforts of the writer, a Legal Word after all.

White’s comments reflect a common misunderstanding about the Plain English movement. What is it?

Answer: That plain English is only about using ordinary words in place of legal words. (Congratulations to Ken Adams)

7. Name the colorful phrase that describes the legal-writing field’s high percentage of women and low status.


Legal-writing quiz 6

5. The Legal Writing Institute, a national organization for legal writing, analysis, and research, was founded in 1984. Until 2002, the same group of legal-writing faculty served as hosts for the Institute—even though they moved from one law school to another. Name the two law schools.

Answer: University of Puget Sound and Seattle University (Congratulations to SAM)

6. Law professor James White offered this critique of the plain-English movement in his book, Heracles' Bow:

The success of any movement to translate legal speech into Plain English will be severely limited. For if one replaces a Legal Word with an Ordinary English Word, the sense of increased normalcy will be momentary at best: the legal culture will go immediately to work, and the Ordinary Word will begin to lose its shape, its resiliency, and its familiarity, and become, despite all the efforts of the writer, a Legal Word after all.
White’s comments reflect a common misunderstanding about the Plain English movement. What is it?

Monday, December 10, 2007

Legal-writing quiz 5

4. In the summer of 2001, Richard Posner and Bryan Garner debated a legal-writing issue in a magazine for judges. Garner's position was also featured in a New York Times article and has caused considerable discussion among judges and brief writers. What is the issue?

Answer: Putting all citations in footnotes. (Congratulations to NY IP)
Garner's piece in Court Review
Posner's response in Court Review
New York Times article

5. The Legal Writing Institute, a national organization for legal writing, analysis, and research, was founded in 1984. Until 2002, the same group of legal-writing faculty served as hosts for the Institute—even though they moved from one law school to another. Name the two law schools.

Legal-writing quiz 4

3. According to modern readability standards, which of these is the best way to emphasize text?

ALL CAPITALS
Bold
Underline

Answer: Bold (Congratulations to SAM). All-caps and underlining are vestiges of the typewriter and impair readability. See The PC is Not a Typewriter.

4. In the summer of 2001, Richard Posner and Bryan Garner debated a legal-writing issue in a magazine for judges. Garner's position was also featured in a New York Times article and has caused considerable discussion among judges and brief writers. What is the issue?



Legal-writing quiz 3

2. Who is the current editor-in-chief of Black's Law Dictionary?

Answer: Bryan A. Garner (Congratulations to divine angst)

3. According to modern readability standards, which of these is the best way to emphasize text?

ALL CAPITALS
Bold
Underline

Legal-writing quiz 2

1. Originally published as a law review article in 1978, this book, now in its fifth edition, has sold many thousands of copies and is probably the most successful legal-writing book ever. Name it.

Answer: Plain English for Lawyers by Richard Wydick (Congratulations to Scott)

2. Who is the current editor-in-chief of Black’s Law Dictionary?

Legal-writing quiz 1

20 questions to test your knowledge of the field of legal writing.

1. Originally published as a law review article in 1978, this book, now in its fifth edition, has sold many thousands of copies and is probably the most successful legal-writing book ever. Name it.

Wednesday, December 05, 2007

ABA Blawg 100 recognizes this blog

My blog was named one of the ABA Blawg 100: "The best Web sites by lawyers for lawyers."

Thank you to those who read and vote.

-Wayne