一、縮寫 Abbreviations
規(guī)則1、
在正式寫作中，應(yīng)當(dāng)避免使用縮寫，除非有下述規(guī)則2、規(guī)則3和規(guī)則4的情形。
In formal writing, one should not use abbreviations, except as indicated in rules 2, 3, and 4 below.
例如：
Incorrect: The U.S. Supreme Court held that the defendant's rights had been violated.
Correct: The United States Supreme Court held that the defendant's rights had been violated.
Incorrect: Professor Jonas mentioned several cities that have domestic-partnership ordinances, e.g., New York and San Francisco.
Correct: Professor Jonas mentioned several cities that have domestic-partnership ordinances, including New York and San Francisco.
Incorrect: The Court announced its decision in the case on Oct. 12, 1994.
Correct: The Court announced its decision in the case on October 12, 1994.
規(guī)則2、
如果一個縮寫的應(yīng)用已經(jīng)非常普遍，在一般用法中已經(jīng)取代了全稱，則可以使用縮寫；但使用此縮寫時(shí)不應(yīng)該使用表示縮寫的英文句號（.）。
When an abbreviation has become so common that it has supplanted the full name in common usage, one may use the abbreviation; however, one should do so without the use of periods.
例如：
Incorrect: The N.A.A.C.P. was the subject of a profile on C.B.S. last week.
Correct: The NAACP was the subject of a profile on CBS last week.
（注： NAACP abbr.National Association for the Advancement of Colored People (美國)全國有色人種協(xié)進(jìn)會，CBS abbr. （美國）哥倫比亞廣播公司(Columbia Broadcasting System)）
However: The defendant in the case is R.J. Reynolds Industries, Inc.
請注意，在上面的例子中，字母R和J后面的句號（.）應(yīng)當(dāng)保留，因?yàn)檫@個縮寫所代表的含義并非廣為人知。一般來說，這樣的縮寫應(yīng)當(dāng)使用全稱；但是在上面的例子中不能用全稱，因?yàn)榭s寫R.J.是公司注冊名稱中使用的。
Notice that in the preceding example, the points after "R" and "J" should be left in, because the meaning of the abbreviation is not sufficiently well known to most readers. Ordinarily, one would replace such an abbreviation with the full terms; however, one can not do so in this case because the legal corporate name involved includes the abbreviation.
規(guī)則3、
當(dāng)使用legal citation時(shí)，一定要按照Bluebook（見譯注）的要求來縮寫。但在行文中提及法院時(shí)，不應(yīng)用縮寫。
When writing legal citations, always use the abbreviations required by the Bluebook. However, when referring to a court in text, do not abbreviate. For example:
例如：
Incorrect: The Ill. Supreme Court required the return of the child to his birth mother. Smithson v. Bettaglia, 59 Illinois 2d 73, 180 Northeast Reporter 2d 754 (1994).
Correct: The Illinois Supreme Court required the return of the child to his birth mother. Smithson v. Bettaglia, 59 Ill. 2d 73, 180 N.E.2d 754 (1994).
規(guī)則4、
當(dāng)行文中涉及的公司在其注冊名稱中含有一個或多個縮寫時(shí)，如 R.J. Reynolds Industries, Inc.，應(yīng)當(dāng)保留縮寫；不要把縮寫所代表的全稱全部拼出，除非公司的注冊名稱中已經(jīng)全部拼出，如Exxon Shipping Company。這條規(guī)則適用于所有的公司名稱中，包括Co.， Corp.， Inc.和 Ltd.。
When referring to a corporate entity that has one or more abbreviations as part of its legal name, such as R.J. Reynolds Industries, Inc., leave the abbreviations in the name. Do not spell out the abbreviation unless the corporation itself spells it out, which some do (for example, Exxon Shipping Company). This rule applies to all of the various forms of corporate designations, including Co., Corp., Inc., and Ltd.
例如：
Incorrect: McDermott International, Incorporated
Correct: McDermott International, Inc.
二、縮略符
當(dāng)一個學(xué)生向教授提交書面作業(yè)或向律師事務(wù)所提交書面資料時(shí)， 沒有什么比錯誤的使用或不使用縮略符造成的負(fù)面印象更嚴(yán)重了。因此，掌握這些簡單，卻常常容易混淆的規(guī)則非常重要。
在四種情形下使用或不使用縮略符容易引起混淆，分別是（1）復(fù)數(shù)詞（2）單數(shù)所有格（3）復(fù)數(shù)所有格和（4）it's和its的縮寫形式（Contractions，see cross reference hereunder）與所有格。是否使用所有格，要先問問自己是否涉及領(lǐng)有關(guān)系。如果是領(lǐng)有關(guān)系，名詞或帶詞就要采取所有格。
規(guī)則1、Plain plural words do not require the use of an apostrophe. For example:
Incorrect: The lawyer's could generally be found after hours at the Hanover Street Bar and Grill. (The apostrophe here incorrectly indicates a singular possessive.)
Incorrect: The lawyers' could generally be found after hours at the Hanover Street Bar and Grill. (The apostrophe here incorrectly indicates a plural possessive.)
Correct: The lawyers could generally be found after hours at the Hanover Street Bar and Grill. (The lack of an apostrophe here correctly indicates a plural, nonpossessive term.)
規(guī)則2、In singular possessive terms, place the apostrophe before the "s." This will indicate ownership by one person or thing. For example:
Incorrect: Our schools collection included an original set of Blackstone's Commentaries.
Incorrect: Our schools' collection included an original set of Blackstone's Commentaries.
Correct: Our school's collection included an original set of Blackstone's Commentaries.
規(guī)則3、In plural possessive terms, place the apostrophe after the "s." This will indicate to the reader that more than one person or thing owns the thing possessed.
Incorrect: The students success was largely attributable to their hard work and dedication.
Incorrect: The student's success was largely attributable to their hard work and dedication.
Correct: The students' success was largely attributable to their hard work and dedication.
規(guī)則4、How to distinguish "its" and "it's."
"It's" is the contraction of "it is," as in the sentence, "It's best not to question the judge's knowledge of the laws of evidence in open court." In formal writing, however, one generally should not use contractions. Thus, the better formulation of the sentence above would be: "It is best not to question the judge's knowledge of the laws of evidence in open court."
"Its" is a possessive, as in the sentence, "The truck lost its muffler as it entered the pothole-laden Kennedy Expressway." This is the rare case in which a possessive term does not take an apostrophe.
規(guī)則5、A less-often faced decision involves the use of apostrophes where multiple owners are named. Where two or more people own one item jointly, place an apostrophe before an "s" only after the second-named person. For example:
Incorrect: Bill's and Mary's car was a lemon, leading them to seek rescission of their contract under the state's lemon law.
Correct: Bill and Mary's car was a lemon, leading them to seek rescission of their contract under the state's lemon law.
However, when two or more people own two or more items separately, each individual's name should take the possessive form. For example:
Incorrect: Joanne and Todd's cars were bought from the same dealer; both proved useless, even though Joanne's car was an import and Todd's was a domestic model.
Correct: Joanne's and Todd's cars were bought from the same dealer; both proved useless, even though Joanne's car was an import and Todd's was a domestic model.
規(guī)則6、When creating the possessive form of words ending in "s," use only an apostrophe after the "s" if the word ends in a "z" sound. However, if the word ends in an "s" sound use an apostrophe and an additional "s" to create the possessive.
Less Desirable: He was a student in Professor Adams's class.
More Desirable: He was a student in Professor Adams' class.
However: He was a student in Professor Weiss's class.
Cross Reference: Contractions 縮約詞，通過省略或結(jié)合一個較長短語中的某些音素而形成的詞，如從 will not來的 won't，或短語如從 of the clock來的 o'clock。
譯注：apostrophe
省略符號, 撇號(')[用于 ①表示省略, 如:can't, (=can not); '88(=1988) ②表示所有格, 如 boy's; James' ③表示復(fù)數(shù), 如two 0's, four 9's ④表示年代, 如the 1980's (讀作 the nineteen eighties)20世紀(jì)80年代⑤表示一字中的某一音不發(fā), 如: 'lectric (=electric)]
三、冠詞
冠詞指“a”，“an”，和“the”。學(xué)生常在句子中漏掉冠詞，以為這樣“高效”或“聽起來象律師（說得話）”。但是，漏掉冠詞往往寫出劣質(zhì)文章。需要用冠詞的時(shí)候就用冠詞，律師也不能例外。亞洲國家學(xué)生在寫作時(shí)應(yīng)注意正確使用冠詞，因?yàn)樵S多亞洲國家語言沒有冠詞。
1 避免律師的習(xí)慣干擾。漏掉冠詞并不能使句子更簡潔，反而使句子更難懂。不要試圖把句子寫得“象律師寫的那樣”。文章寫得正式，而不是“象律師那樣”。
Incorrect: Police officer moved evidence to avoid disappearance from crime scene.
Correct: The police office moved the evidence to avoid its disappearance from the crime scene.
Incorrect: Abrams, officer on duty at time of crime, testified against defendant, Joanna Stone.
Correct: Abrams, the officer on duty at the time of the crime, testified against the defendant, Joanna Stone.
2 發(fā)元音和發(fā)輔音。如何選用“a”和“an”。原則很簡單：以輔音開頭的名詞前用a，以元音開頭的名詞前用“an”。在第三點(diǎn)中將討論稍難些的問題－如何處理元音發(fā)音和輔音發(fā)音。
Incorrect: The judge had an gavel, and he used it frequently.
Correct: The judge had a gavel, and he used it frequently.
Incorrect: The judge had a elephant in her courtroom, though nobody noticed.
Correct: The judge had an elephant in her courtroom, though nobody noticed.
3 元音發(fā)音開頭和輔音發(fā)音開頭。
有時(shí)一個單詞以輔音開頭，但聽起來象以元音開頭（即，發(fā)元音），這些單詞在選用冠詞時(shí)應(yīng)被看作是以元音開頭。這些單詞多以“h”打頭（例如hour和 heir），但是如果該輔音發(fā)聲（發(fā)聲的輔音），就應(yīng)象其它輔音一樣選用冠詞“a”。從而，單詞“heir”以元音發(fā)音開頭，單詞“hotel”以輔音發(fā)音開頭。
下面舉個輔音開頭發(fā)元音選用冠詞的例子。
Incorrect: The judge gave the lawyers a hour's recess to review the new evidence.
Correct: The judge gave the lawyers an hour's recess to review the new evidence.
下面舉個輔音開頭發(fā)輔音選用冠詞的例子。
Incorrect: The professor was well known for posing an hypothetical question when students suggested that one rule would suffice for all situations.
Correct: The professor was well known for posing a hypothetical question when students suggested that one rule would suffice for all situations.
四、括號
1 在引語中插入你自己選用的單詞時(shí)，該單詞使用括號。
Incorrect: The professor said that "Frankfurter evolved from liberal to conservative while on the Supreme Court (and) Blackmun evolved from conservative to liberal."
Correct: The professor said that "Frankfurter evolved from liberal to conservative while on the Supreme Court [and] Blackmun evolved from conservative to liberal."
2 為表示你在引語中改變了一個單詞的一部分時(shí)，該部分使用括號。此類情形通常發(fā)生在為合并引語和你自己的句子時(shí)，要把大寫字母變小寫字母，反之亦然。
引語:
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." U.S. Const. amend. VIII.
不正確合并:
The Eighth Amendment provides that "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." U.S. Const. amend. VIII.
正確合并:
The Eighth Amendment provides that "[e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." U.S. Const. amend. VIII.
五、限制性從句與非限制性從句 Clauses - Restrictive and Nonrestrictive
1. Restrictive and Nonrestrictive Clauses Defined. Restrictive clauses limit the possible meaning of a preceding subject. Nonrestrictive clauses tell you something about a preceding subject, but they do not limit, or restrict, the meaning of that subject. Compare the following examples.
含義。限制性從句限定前面主句的含義，而非限制性從句僅講述與前面的主句相關(guān)的內(nèi)容，但并不對前面的主句進(jìn)行限定。比較下面的例句：
Correct Restrictive Use:
The suspect in the lineup who has red hair committed the crime.
Note how the subject "suspect" in this sentence is restricted in two ways: we know that this suspect is both in the lineup and has red hair. As a result, we know that the other suspects, who are not in the lineup, could not have committed the crime. Moreover, of those suspects in the lineup, we know that the one suspect in the lineup with red hair committed the crime. If there were more than one suspect in the lineup with red hair, the above usage would be incorrect because it implies a different meaning.
請注意：上句中的主語suspect以兩種方式進(jìn)行了限定：在排隊(duì)和有紅色頭發(fā)。因此，我們可以知道，其它不在隊(duì)列中的嫌疑犯沒有參與犯罪。而且，在嫌疑犯隊(duì)列中，只有有紅色頭發(fā)的才參與了犯罪。如果隊(duì)列中不止一人有紅色頭發(fā)，則上述例句的用法是不正確的，因?yàn)樗嬗衅渌暮x。
Correct Nonrestrictive Use:
The suspect in the lineup, who owns a red car, committed the crime.
In this example, the restrictive clause "in the lineup" tells us that of all possible suspects in the world, the one who committed the crime is in the lineup. However, while the nonrestrictive clause "who owns a red car" tells us something about the suspect, it does not foreclose the possibility that there are several different suspects in the lineup with red cars. The car color may tell us something useful, but it does not restrict us to only one possibility.
在例句中，限制語in the lineup告訴我們，在所有可能的嫌疑犯中，參與犯罪的嫌疑犯在隊(duì)列中。盡管非限制性從句who owns a red car告訴了我們關(guān)于嫌疑犯的若干資料，但是并不能排除在隊(duì)列中其它嫌疑犯也擁有red car。車身的顏色可能告訴我們一些有用的東西，但無法限定到僅僅一種可能。
2. When choosing between "that" and "which," use "that" to introduce a restrictive clause and "which" to introduce a nonrestrictive clause. Although some writers use "which" to introduce a restrictive clause, the traditional practice is to use "that" to introduce a restrictive clause and "which" to introduce a nonrestrictive clause. When writing a restrictive clause, do not place a comma before "that." When writing a nonrestrictive clause, do place a comma before "which."
盡管有些作者用which來引入限制性從句，但是傳統(tǒng)用法還是用that來引入限制性從句，而用which來引入非限制性從句。使用限制性從句時(shí)，that 前一定不要用逗號，而使用非限制性從句時(shí)，which 前一定要用逗號。
Correct Restrictive Use:
The store honored the complaints that were less than 60 days old.
Correct Nonrestrictive Use:
The store honored the complaints, which were less than 60 days old.
These sentences have different meanings as well as different punctuation. In the restrictive sentence, the store honored only those complaints less than 60 days old, but not those over 60 days old. In the nonrestrictive sentence, the store honored all the complaints, all of which were less than 60 days old.
這兩個句子含義不同，所用標(biāo)點(diǎn)也不同。在限制性從句中，商店只處理不超過60天的投訴；而在非限制性從句中，商店處理了所有的投訴，這些投訴都是60天內(nèi)發(fā)生的。
3. Place proper punctuation around nonrestrictive clauses, but do not place punctuation around restrictive clauses. When a nonrestrictive clause appears in the middle of a sentence, place commas around it. When a nonrestrictive clause appears at the end of a sentence, place a comma before it and a period after it. Do not punctuate restrictive clauses.
在非限制性從句中可以使用標(biāo)點(diǎn)，但在限制性從句中則不可以使用。當(dāng)非限制性成分在句子中間出現(xiàn)時(shí)，應(yīng)當(dāng)在它前面和后面加逗號。當(dāng)非限制性成分出現(xiàn)在句末時(shí)，在它前面加逗號，后面加句號。不要在限制性從句中使用標(biāo)點(diǎn)。
Correct Punctuation of Nonrestrictive Clause:
The 1964 Ford Mustang, which propelled Lee Iacocca to the top of the automobile industry, is now considered a classic.
Correct Punctuation of Nonrestrictive Clause:
The credit card is in my wallet, which you can find in the kitchen drawer.
Correct Punctuation of Restrictive Clause:
The boat that sailed on October 25 is the one to which we referred in the contract.
六、口語（表達(dá)）Colloquialisms
法律文書是一種正式的文書。其首要目的就是清楚而有效地溝通觀點(diǎn)。偶爾運(yùn)用修辭性的華麗詞藻有助于強(qiáng)調(diào)觀點(diǎn)，尤其在論述性文書中。但是千萬不要因用了華麗的表達(dá)而丟掉或混淆了重要的法律觀點(diǎn)。觀點(diǎn)重要性遠(yuǎn)大于表達(dá)形式。同樣，寫作不要象說話一樣。英語口語中我們經(jīng)常用生動的或是口語化的短語，這在書面英語中是不合時(shí)宜的。寫作中一定不要用這些短語，要代之以準(zhǔn)確的語言。
Incorrect: On arriving at the scene of the crime, the officer tore up the stairs in search of the big enchilada.
Correct: On arriving at the scene of the crime, the officer ran up the stairs in search of the leader of the crime syndicate.
前述例子中，口語短語"tore up the stairs" 和"big enchilada"有多個意思。所以，越準(zhǔn)確語言越恰當(dāng)。
Incorrect: On December 12, 1992, Ms. DeWitt kicked the bucket.
Also Incorrect: On December 12, 1992, Ms. DeWitt passed on to her heavenly reward.
Better: Ms. DeWitt died on December 12, 1992.
前述例子中，第一個不恰當(dāng)?shù)木渥雍嫡Z，通常這在法律文書或其它正式文書中都不合時(shí)宜。第二個不恰當(dāng)?shù)睦颖苊饬速嫡Z，但走到另一個極端，有失簡潔。
七、冒號
1 一句話中在“such as " "including" 和 "for example" 短語后不用冒號。因?yàn)檫@些短語已提示讀者接下來會舉一些例子，沒有必要再用冒號引出例子了，那樣只是多此一舉。
Incorrect: She had all the skills of a great litigator, such as: writing ability, perseverance, persuasiveness, and obsessive attention to detail.
Correct: She had all the skills of a great litigator, such as writing ability, perseverance, persuasiveness, and obsessive attention to detail.
2 介詞（例如“in”） 或副詞后不用冒號列舉。
Incorrect: The new law student excelled in: Criminal Law, Legal Writing, and Torts.
Correct: The new law student excelled in Criminal Law, Legal Writing, and Torts.
Incorrect: The litigation tactics most disliked by the judge are: discriminatory use of peremptory challenges, indiscriminate use of document requests during discovery, and the introduction of frivolous motions as delaying tactics.
Correct: The litigation tactics most disliked by the judge are discriminatory use of peremptory challenges, indiscriminate use of document requests during discovery, and the introduction of frivolous motions as delaying tactics.
3如果不違反上述規(guī)則 1或者規(guī)則2 ，則用冒號引出例子或解釋。
Correct Use to Introduce a List:
The store carried all the items the new judge needed: gavels, judicial robes, case reporters, and computers.
Correct Use as an Explanatory Tool:
The restaurant served the type of food most preferred by lawyers: red meat.
4 當(dāng)重申一個觀點(diǎn)時(shí)，用冒號。如果跟在冒號后的是一個完整句子，則開頭字母大寫，反之，跟在冒號后的是從句或短語，則開頭字母不大寫。
Correct: The writing was brilliant: It was clear, concise, and analytically correct.
Incorrect: The writing was brilliant: clear, concise, and analytically correct.
八、Commas
逗號的用法是正確運(yùn)用標(biāo)點(diǎn)過程中最復(fù)雜，最容易產(chǎn)生誤解的問題之一。在一些情形中，存在著被廣泛接受的用法。然而在另一些情況下，卻有不只一種用法。學(xué)生常常認(rèn)為，擔(dān)心標(biāo)點(diǎn)的用法有點(diǎn)可笑：畢竟，法律分析才是最重要的呀。但是，假如一個人申請一份工作或向上級提交書面報(bào)告，沒有什么會比忽視標(biāo)點(diǎn)運(yùn)用基本規(guī)則更容易給人留下負(fù)面印象的了。畢竟，一位高級律師是決不會愿意去更正一位初級律師的逗號的用法的。
Comma usage is one of the most complex, and most misunderstood, questions of proper punctuation. In some cases there are widely accepted rules governing comma usage; in a few cases, there is more than one acceptable approach. Students often think it's silly to worry about things such as punctuation: after all, isn't the legal analysis what really counts? However, when one applies for a job or submits written work to a supervisor, nothing will leave a more negative impression than ignorance of the basic rules of punctuation. After all, the last thing a senior attorney wants to do is correct a junior attorney's comma usage.
1.
當(dāng)你用一個短語或從屬分句開始一個句子，并隨后引入一個獨(dú)立分句時(shí)，用逗號分隔。
When you begin a sentence with a phrase or dependent clause to introduce a subsequent independent clause, separate the clauses with a comma.
Incorrect: After many years as a criminal prosecutor she ascended to the bench.
Correct: After many years as a criminal prosecutor, she ascended to the bench.
Incorrect: Because the witness was unavailable the judge allowed the introduction of the testimony pursuant to an exception to the hearsay rule.
Correct: Because the witness was unavailable, the judge allowed the introduction of the testimony pursuant to an exception to the hearsay rule.
2. 用逗號分隔非限制性從句，但不要用逗號分隔非限制性從句。
非限制性從句告訴你關(guān)于句子主語的某些事情，但并不對其含義進(jìn)行限定；相反，限制性從句對主語的含義進(jìn)行限定。
Use commas to set off a nonrestrictive clause in the middle of a sentence, but not to set off a restrictive clause. Nonrestrictive clauses tell you something about the subject of a sentence, but they do not limit, or restrict, the meaning. Restrictive clauses, on the other hand, limit the possible meaning of the subject.
ompare the following examples.
Correct Restrictive Use:
The suspect in the lineup who has red hair committed the crime.
Note how the subject "suspect" in this sentence is restricted in two ways: we know that this suspect is both in the lineup and has red hair. As a result, we know that the other suspects, who are not in the lineup, could not have committed the crime. Moreover, of those suspects in the lineup, we know that the one suspect in the lineup with red hair committed the crime. If there were more than one suspect in the lineup with red hair, the above usage would be incorrect because it implies a different meaning.
Correct Nonrestrictive Use:
The suspect in the lineup, who owns a red car, committed the crime.
In this example, the restrictive clause "in the lineup" tells us that of all possible suspects in the world, the one who committed the crime is in the lineup. However, while the nonrestrictive clause "who owns a red car" tells us something about the suspect, it does not foreclose the possibility that there are several different suspects in the lineup with red cars. The car color may tell us something useful, but it does not restrict us to only one possibility.
3.用兩個逗號來分隔同位語或插入語。同位語是對它所跟隨的名詞進(jìn)行描述的單詞或短語，插入語告訴我們關(guān)于某個名詞的一些事情，但對闡述該名詞并不重要。
Use two commas to set off an appositive or an aside in the midst of a sentence. An appositive is a word or phrase that describes a noun it follows. An aside tells us something about the noun, but is not essential to defining the noun.
Correct Use with an Appositive:
The police chief, William A. Bendofsky, is an authority on the use of roadblocks to protect neighborhoods from drive-by shootings.
Correct Use with an Aside:
The pretrial phase of the litigation, like all pretrial work, lasted longer than the trial itself.
4. 用兩個逗號，而不是一個，來分隔非限制性從句。
Use two commas, not one, to set off a nonrestrictive clause in the middle of a sentence.
Incorrect: The city, a polyglot of different races and religions provided many opportunities for cultural exchange.
Correct: The city, a polyglot of different races and religions, provided many opportunities for cultural exchange.
5.在過渡性的副詞前加逗號。比較常用的副詞有accordingly, furthermore, however, moreover, therefore, 和 thus。
Place a comma after a transitional word that introduces a sentence. The following are examples of commonly used transitional words: accordingly, furthermore, however, moreover, therefore, and thus.
Incorrect: Accordingly he granted the motion to dismiss.
Correct: Accordingly, he granted the motion to dismiss.
Incorrect: Moreover she convinced the judge that her client had been out of state at the time of the burglary.
Correct: Moreover, she convinced the judge that her client had been out of state at the time of the burglary.
6. 當(dāng)用逗號來分隔列舉的項(xiàng)目時(shí)，在名單的最后一個項(xiàng)目之前前的連詞前面加逗號。有許多人并不這樣做，雖然這種用法比較常見，但這種方式在某些情況下有可能會產(chǎn)生歧義。
When using commas to separate items in a list, place a comma before the conjunction that precedes the last separate item in the list, unless that last item is a compound term. Many people are taught not to place a comma before a conjunction preceding the last item in a list (such as, "red, white and blue"). However, while popular, this approach runs the risk of creating ambiguity in a number of situations. Consider the following.
Incorrect: The car was available in red, white, black and tan, and special-order colors.
上例中，如果車子有四種標(biāo)準(zhǔn)顏色可供選擇，則逗號的用法不正確，因?yàn)檫@種用法使人以為車子還有一種復(fù)合顏色（black and tan）可供選擇。但如果車子只有三種顏色可選，其中一種是復(fù)合顏色（black and tan），那么上述用法就是正確的。
If the car is available in four standard colors, then the above usage is incorrect, because it implies that black and tan is one, two-tone color option. However, if there are only three color options, one of which is black and tan, then the above usage is correct.
Correct: The car was available in red, white, black, and tan, and special-order colors.
上例中，放在連詞and前的逗號使得讀者很清楚，車子共有四種標(biāo)準(zhǔn)顏色的款式，避免了由于在連詞and前不加逗號所產(chǎn)生的歧義。
The use of the comma before the first conjunction in this sentence makes it clear that there are four standard color options, avoiding the ambiguity created in the first example by the absence of a comma before "and tan."
7. 如果有兩個形容詞一起修飾一個名詞時(shí)，使用逗號分隔這兩個形容詞。如果這兩個形容詞中的第一個形容詞是用來修飾第二個形容詞的，而不是修飾后面的名詞，就不要用逗號分隔這兩個形容詞。
Use a comma to separate two adjectives that modify the same noun, but do not use a comma if the first of two adjectives modifies the second adjective, but not the noun. In considering this choice, ask yourself whether the two adjectives can be reversed. If they can, as in the first example below, separate them with a comma. If they can not, as in the second example below, do not use a comma.
Incorrect: The only approach to the city was by a long old highway.
Correct: The only approach to the city was by a long, old highway.
Incorrect: The suspect drove a light, blue truck.
Correct: The suspect drove a light blue truck.
In the second example, use of a comma would be incorrect, since "light" modifies "blue," and is therefore not part of a series of commas that modify the word "truck." However, on the off chance that the writer intended to write that the truck was light in weight as well as blue in color, then the first use would be correct. Thus, you can change the meaning of a sentence —— sometimes inadvertently —— by your use of commas.
8. 不要用逗號來替代引導(dǎo)詞that。
Do not use a comma to replace the word "that."
Incorrect: The court decided, there is no constitutional right to a second appeal, except by means of a habeas petition.
Correct: The court decided that there is no constitutional right to a second appeal, except by means of a habeas petition.
Also Correct:
The court decided there is no constitutional right to a second appeal, except by means of a habeas petition.
In the second correct example, removing the word "that" from the sentence is acceptable because its absence does not confuse the reader. However, leave "that" in a sentence if removing it would create some doubt in the reader's mind concerning what the writer meant to convey.
9.不要用逗號分隔一個句子的并列謂語，除非不加逗號會令人費(fèi)解或是并列謂語的第二部分需要強(qiáng)調(diào)。
As a general rule, do not use a comma to separate the parts of a double predicate, unless the sentence would be confusing without it, or the second part of the double predicate requires special emphasis. A double predicate exists where the sentence has one subject and two verbs related to that subject. (Please read rule 10 of this section as well.)
Incorrect: The customer finished his meal, and paid the check.
Correct: The customer finished his meal and paid the check.
使用逗號分隔并列謂語來強(qiáng)調(diào)的例子：
Correct Use of Comma to Create Emphasis:
The defendant had been employed as a cashier for twenty years, and never once was accused of stealing money from the register.
In the preceding example, the writer creates a greater emphasis on the defendant's innocence by setting off the second part of the double predicate with a comma. Without the comma, the second thought seems like an afterthought.
使用逗號分隔句子避免歧義的例子：
Correct Use of Comma to Avoid Confusion:
The judge ruled that suppression of the evidence was required because it had been obtained illegally, and ordered the defendant released from prison.
In this example, the writer avoids confusion by using a comma to introduce the second in the series of compound verbs; without the comma, one might not be sure whether the verb "ordered" related to the subject "it" or the subject "the judge." By contrast, in the sentence above about the restaurant customer, the comma is not needed, because it is a simple sentence.
10. 當(dāng)用連詞連接兩個獨(dú)立從句時(shí)，在連詞前加逗號。連詞包括"and," "but," "or," "nor," 和 "yet"。
When joining two independent clauses with a conjunction, place a comma before the conjunction. Conjunctions include the words "and," "but," "or," "nor," and "yet."
Incorrect: The customer ate every piece of the apple pie and the waitress brought another pie.
Correct: The customer ate every piece of the apple pie, and the waitress brought another pie.
In the incorrect example, the reader may at first think the customer ate the pie and the waitress. In the correct example, the comma before the conjunction tells the reader, "Stop, another independent clause with its own subject (the waitress) is about to begin."
11. 通常，在which前面加逗號，但不要在that前面加逗號。雖然有的作者習(xí)慣于用which來引入限制性從句，傳統(tǒng)用法是用that來引入限制性從句，用which來引入非限制性從句。在引入限制性從句時(shí)，在that前不要加逗號，在引入非限制性從句時(shí)，在which前一定要加逗號。
Generally, use a comma before "which" but not before "that." Although some writers use "which" to introduce a restrictive clause, the traditional practice is to use "that" to introduce a restrictive clause and "which" to introduce a nonrestrictive clause. When writing a restrictive clause, do not place a comma before "that." When writing a nonrestrictive clause, do place a comma before "which."
Correct Restrictive Use:
The store honored the complaints that were less than 60 days old.
Correct Nonrestrictive Use:
The store honored the complaints, which were less than 60 days old.
These sentences have different meanings as well as different punctuation. In the restrictive sentence, the store honored only those complaints less than 60 days old, but not those over 60 days old. In the nonrestrictive sentence, the store honored all the complaints, all of which were less than 60 days old.
12. 在引號內(nèi)加入逗號，不要在引號外面加，不論逗號是否是其所引用的引語的組成部分。一般的規(guī)則是，逗號，句號總是放在引號內(nèi)，而其他標(biāo)點(diǎn)，如問號，冒號，分號和感嘆號都應(yīng)該放在引號外面，除非他們原來就是所引用的引語的組成部分。
Place commas inside, not outside, quotation marks. Follow this practice whether or not the comma is part of the original quotation. The general rule is that commas and periods should be inside the quotation marks at all times, while all other forms of punctuation, such as question marks, colons, semicolons, and exclamation points, should be outside the quotation marks, unless they were contained in the original quotation.
Incorrect: The court held that "physical injury is not a required element of a sexual harassment claim", and the plaintiff went on to win her case.
Correct: The court held that "physical injury is not a required element of a sexual harassment claim," and the plaintiff went on to win her case.
13. 用兩個逗號來分隔日期和地點(diǎn)。表述詳細(xì)日期（年月日）時(shí)，或詳細(xì)的地理位置（如國家，州，城市）時(shí)，在最后的項(xiàng)目前后加兩個逗號。
Use two commas when setting off dates and places. When using a full date (month, date, year) or multi-part geographical designation (such as city and state or city and country), use two commas around the last part of the designation.
Incorrect: On June 28, 1974 Judge Hayes took her seat on the Supreme Court.
Correct: On June 28, 1974, Judge Hayes took her seat on the Supreme Court.
However: In June 1974 Judge Hayes took her seat on the Supreme Court.
Incorrect: Laredo, Texas was host for the 1994 World Rodeo Championship.
Correct: Laredo, Texas, was host for the 1994 World Rodeo Championship.
Incorrect: We arrived in Tokyo, Japan for the meeting of the G-7 leaders.
Correct: We arrived in Tokyo, Japan, for the meeting of the G-7 leaders.
參考：從屬從句和短語；限制性從句和非限制性從句
Cross References: Dependent Clauses and Phrases; Clauses —— Restrictive and Nonrestrictive
Compound Adjectives
九、復(fù)合形容詞
1. A compound adjective is formed when two or more adjectives work together to modify the same noun. These terms should be hyphenated to avoid confusion or ambiguity.
復(fù)合形容詞由兩個或兩個以上的形容詞組成用以修飾一個名詞。組成復(fù)合形容詞的每個形容詞之間要用連字符連接以避免混淆和詞不達(dá)意。
Incorrect: The black and blue mark suggested that he had been involved in an altercation.
Correct: The black-and-blue mark suggested that he had been involved in an altercation.
Incorrect: Her fifteen minute presentation proved decisive to the outcome of the case.
Correct: Her fifteen-minute presentation proved decisive to the outcome of the case.
2. However, combining an adverb (usually a word ending in "ly") and an adjective does not create a compound adjective. No hyphen is required because it is already clear that the adverb modifies the adjective rather than the subsequent noun.
但是，副詞（通常以“l(fā)y”結(jié)尾）與形容詞組合不能作為復(fù)合形容詞使用，其間不需使用連字符，因?yàn)?，顯而易見，副詞用以修飾形容詞而非其后的名詞。
Incorrect: The remarkably-hot day turned into a remarkably-long week.
Correct: The remarkably hot day turned into a remarkably long week.
3. Furthermore, you should not place a hyphen in a compound adjective if the adjectives are capitalized, such as when they are part of a title.
此外，如果組成復(fù)合形容詞的形容詞為大寫形式，例如：該附和形容詞為文章題目的一部分，則不需在其間加以連字符。
Correct: His book was entitled, "Gender Neutral Language in English Usage," and it revolutionized the way people think about sex roles.
However: His book on gender-neutral language revolutionized the way people think about sex roles.
Correct: The students were participants in Chicago-Kent's vaunted Legal Research and Writing Program.
Also Correct:
同樣正確
The student decided to attend a school with a good legal-research-and-writing program. Note that in this example, the reference is to a type of program, rather than a specific program, and so the use of hyphens is proper.
十、縮寫 Contractions
1. Avoid using contractions in formal writing. A contraction is a combination of two words as one, such as "don't," "can't," and "isn't." The use of contractions is inappropriate in formal legal writing. Replace them with the two-word version of the contraction.
在正式寫作中應(yīng)避免使用縮寫形式。 縮寫即是將兩個詞合二為一，比如 "don't," "can't," 和"isn't"。在正式的法律文書中使用縮寫形式是不規(guī)范的。
Incorrect: He can't guarantee that the defendant will appear because the defendant hasn't called him in several days.
Correct: He can not guarantee that the defendant will appear because the defendant has not called him in several days.
2. Remember: "It's" is the contraction of "it is." The term "its" is the singular possessive of "it." The term "it's," by contrast, is the contraction of "it is."
記?。骸癐t's”是“it is”的縮寫形式，而“its”是“it”的單數(shù)所有格形式。
Correct use as Possessive: 所有格的正確使用：
My '68 Mustang is on its last journey.
Correct use as Contraction: 縮寫形式的正確使用：
It's a long way from Tipperary.
Cross References: Apostrophes, Possessives 參考：省略符號，所有格
十一、Dashes 破折號
Dashes can be used to set off material in the midst of a sentence. However, one should try to avoid using them at all. When choosing between dashes and other forms of punctuation (such as commas and parentheses), dashes should be used sparingly and primarily when the material deserves special emphasis. By contract, parenthetical ideas may be lost. In typing or word processing, a dash is formed by placing one space before and one space after two consecutive hyphens.
破折號使用在詞與詞中間用以隔開句子成分。然而，我們應(yīng)盡量避免使用破折號。當(dāng)在句中需要強(qiáng)調(diào)某成分時(shí)，在破折號與其他標(biāo)點(diǎn)符號（如逗號，括號）之間我們應(yīng)優(yōu)先并謹(jǐn)慎使用破折號。如省略破折號則可能導(dǎo)致插入部分的語意丟失。在打印或用WORD進(jìn)行文字系統(tǒng)操作時(shí)，應(yīng)連續(xù)打印兩個連接符并在其前后分別空一格。
Incorrect錯誤使用: The judge knew the defendant——she had been his third wife——and he therefore recused himself.
Correct正確使用: The judge knew the defendant —— she had been his third wife —— and he therefore recused himself.
規(guī)則1、
在正式寫作中，應(yīng)當(dāng)避免使用縮寫，除非有下述規(guī)則2、規(guī)則3和規(guī)則4的情形。
In formal writing, one should not use abbreviations, except as indicated in rules 2, 3, and 4 below.
例如：
Incorrect: The U.S. Supreme Court held that the defendant's rights had been violated.
Correct: The United States Supreme Court held that the defendant's rights had been violated.
Incorrect: Professor Jonas mentioned several cities that have domestic-partnership ordinances, e.g., New York and San Francisco.
Correct: Professor Jonas mentioned several cities that have domestic-partnership ordinances, including New York and San Francisco.
Incorrect: The Court announced its decision in the case on Oct. 12, 1994.
Correct: The Court announced its decision in the case on October 12, 1994.
規(guī)則2、
如果一個縮寫的應(yīng)用已經(jīng)非常普遍，在一般用法中已經(jīng)取代了全稱，則可以使用縮寫；但使用此縮寫時(shí)不應(yīng)該使用表示縮寫的英文句號（.）。
When an abbreviation has become so common that it has supplanted the full name in common usage, one may use the abbreviation; however, one should do so without the use of periods.
例如：
Incorrect: The N.A.A.C.P. was the subject of a profile on C.B.S. last week.
Correct: The NAACP was the subject of a profile on CBS last week.
（注： NAACP abbr.National Association for the Advancement of Colored People (美國)全國有色人種協(xié)進(jìn)會，CBS abbr. （美國）哥倫比亞廣播公司(Columbia Broadcasting System)）
However: The defendant in the case is R.J. Reynolds Industries, Inc.
請注意，在上面的例子中，字母R和J后面的句號（.）應(yīng)當(dāng)保留，因?yàn)檫@個縮寫所代表的含義并非廣為人知。一般來說，這樣的縮寫應(yīng)當(dāng)使用全稱；但是在上面的例子中不能用全稱，因?yàn)榭s寫R.J.是公司注冊名稱中使用的。
Notice that in the preceding example, the points after "R" and "J" should be left in, because the meaning of the abbreviation is not sufficiently well known to most readers. Ordinarily, one would replace such an abbreviation with the full terms; however, one can not do so in this case because the legal corporate name involved includes the abbreviation.
規(guī)則3、
當(dāng)使用legal citation時(shí)，一定要按照Bluebook（見譯注）的要求來縮寫。但在行文中提及法院時(shí)，不應(yīng)用縮寫。
When writing legal citations, always use the abbreviations required by the Bluebook. However, when referring to a court in text, do not abbreviate. For example:
例如：
Incorrect: The Ill. Supreme Court required the return of the child to his birth mother. Smithson v. Bettaglia, 59 Illinois 2d 73, 180 Northeast Reporter 2d 754 (1994).
Correct: The Illinois Supreme Court required the return of the child to his birth mother. Smithson v. Bettaglia, 59 Ill. 2d 73, 180 N.E.2d 754 (1994).
規(guī)則4、
當(dāng)行文中涉及的公司在其注冊名稱中含有一個或多個縮寫時(shí)，如 R.J. Reynolds Industries, Inc.，應(yīng)當(dāng)保留縮寫；不要把縮寫所代表的全稱全部拼出，除非公司的注冊名稱中已經(jīng)全部拼出，如Exxon Shipping Company。這條規(guī)則適用于所有的公司名稱中，包括Co.， Corp.， Inc.和 Ltd.。
When referring to a corporate entity that has one or more abbreviations as part of its legal name, such as R.J. Reynolds Industries, Inc., leave the abbreviations in the name. Do not spell out the abbreviation unless the corporation itself spells it out, which some do (for example, Exxon Shipping Company). This rule applies to all of the various forms of corporate designations, including Co., Corp., Inc., and Ltd.
例如：
Incorrect: McDermott International, Incorporated
Correct: McDermott International, Inc.
二、縮略符
當(dāng)一個學(xué)生向教授提交書面作業(yè)或向律師事務(wù)所提交書面資料時(shí)， 沒有什么比錯誤的使用或不使用縮略符造成的負(fù)面印象更嚴(yán)重了。因此，掌握這些簡單，卻常常容易混淆的規(guī)則非常重要。
在四種情形下使用或不使用縮略符容易引起混淆，分別是（1）復(fù)數(shù)詞（2）單數(shù)所有格（3）復(fù)數(shù)所有格和（4）it's和its的縮寫形式（Contractions，see cross reference hereunder）與所有格。是否使用所有格，要先問問自己是否涉及領(lǐng)有關(guān)系。如果是領(lǐng)有關(guān)系，名詞或帶詞就要采取所有格。
規(guī)則1、Plain plural words do not require the use of an apostrophe. For example:
Incorrect: The lawyer's could generally be found after hours at the Hanover Street Bar and Grill. (The apostrophe here incorrectly indicates a singular possessive.)
Incorrect: The lawyers' could generally be found after hours at the Hanover Street Bar and Grill. (The apostrophe here incorrectly indicates a plural possessive.)
Correct: The lawyers could generally be found after hours at the Hanover Street Bar and Grill. (The lack of an apostrophe here correctly indicates a plural, nonpossessive term.)
規(guī)則2、In singular possessive terms, place the apostrophe before the "s." This will indicate ownership by one person or thing. For example:
Incorrect: Our schools collection included an original set of Blackstone's Commentaries.
Incorrect: Our schools' collection included an original set of Blackstone's Commentaries.
Correct: Our school's collection included an original set of Blackstone's Commentaries.
規(guī)則3、In plural possessive terms, place the apostrophe after the "s." This will indicate to the reader that more than one person or thing owns the thing possessed.
Incorrect: The students success was largely attributable to their hard work and dedication.
Incorrect: The student's success was largely attributable to their hard work and dedication.
Correct: The students' success was largely attributable to their hard work and dedication.
規(guī)則4、How to distinguish "its" and "it's."
"It's" is the contraction of "it is," as in the sentence, "It's best not to question the judge's knowledge of the laws of evidence in open court." In formal writing, however, one generally should not use contractions. Thus, the better formulation of the sentence above would be: "It is best not to question the judge's knowledge of the laws of evidence in open court."
"Its" is a possessive, as in the sentence, "The truck lost its muffler as it entered the pothole-laden Kennedy Expressway." This is the rare case in which a possessive term does not take an apostrophe.
規(guī)則5、A less-often faced decision involves the use of apostrophes where multiple owners are named. Where two or more people own one item jointly, place an apostrophe before an "s" only after the second-named person. For example:
Incorrect: Bill's and Mary's car was a lemon, leading them to seek rescission of their contract under the state's lemon law.
Correct: Bill and Mary's car was a lemon, leading them to seek rescission of their contract under the state's lemon law.
However, when two or more people own two or more items separately, each individual's name should take the possessive form. For example:
Incorrect: Joanne and Todd's cars were bought from the same dealer; both proved useless, even though Joanne's car was an import and Todd's was a domestic model.
Correct: Joanne's and Todd's cars were bought from the same dealer; both proved useless, even though Joanne's car was an import and Todd's was a domestic model.
規(guī)則6、When creating the possessive form of words ending in "s," use only an apostrophe after the "s" if the word ends in a "z" sound. However, if the word ends in an "s" sound use an apostrophe and an additional "s" to create the possessive.
Less Desirable: He was a student in Professor Adams's class.
More Desirable: He was a student in Professor Adams' class.
However: He was a student in Professor Weiss's class.
Cross Reference: Contractions 縮約詞，通過省略或結(jié)合一個較長短語中的某些音素而形成的詞，如從 will not來的 won't，或短語如從 of the clock來的 o'clock。
譯注：apostrophe
省略符號, 撇號(')[用于 ①表示省略, 如:can't, (=can not); '88(=1988) ②表示所有格, 如 boy's; James' ③表示復(fù)數(shù), 如two 0's, four 9's ④表示年代, 如the 1980's (讀作 the nineteen eighties)20世紀(jì)80年代⑤表示一字中的某一音不發(fā), 如: 'lectric (=electric)]
三、冠詞
冠詞指“a”，“an”，和“the”。學(xué)生常在句子中漏掉冠詞，以為這樣“高效”或“聽起來象律師（說得話）”。但是，漏掉冠詞往往寫出劣質(zhì)文章。需要用冠詞的時(shí)候就用冠詞，律師也不能例外。亞洲國家學(xué)生在寫作時(shí)應(yīng)注意正確使用冠詞，因?yàn)樵S多亞洲國家語言沒有冠詞。
1 避免律師的習(xí)慣干擾。漏掉冠詞并不能使句子更簡潔，反而使句子更難懂。不要試圖把句子寫得“象律師寫的那樣”。文章寫得正式，而不是“象律師那樣”。
Incorrect: Police officer moved evidence to avoid disappearance from crime scene.
Correct: The police office moved the evidence to avoid its disappearance from the crime scene.
Incorrect: Abrams, officer on duty at time of crime, testified against defendant, Joanna Stone.
Correct: Abrams, the officer on duty at the time of the crime, testified against the defendant, Joanna Stone.
2 發(fā)元音和發(fā)輔音。如何選用“a”和“an”。原則很簡單：以輔音開頭的名詞前用a，以元音開頭的名詞前用“an”。在第三點(diǎn)中將討論稍難些的問題－如何處理元音發(fā)音和輔音發(fā)音。
Incorrect: The judge had an gavel, and he used it frequently.
Correct: The judge had a gavel, and he used it frequently.
Incorrect: The judge had a elephant in her courtroom, though nobody noticed.
Correct: The judge had an elephant in her courtroom, though nobody noticed.
3 元音發(fā)音開頭和輔音發(fā)音開頭。
有時(shí)一個單詞以輔音開頭，但聽起來象以元音開頭（即，發(fā)元音），這些單詞在選用冠詞時(shí)應(yīng)被看作是以元音開頭。這些單詞多以“h”打頭（例如hour和 heir），但是如果該輔音發(fā)聲（發(fā)聲的輔音），就應(yīng)象其它輔音一樣選用冠詞“a”。從而，單詞“heir”以元音發(fā)音開頭，單詞“hotel”以輔音發(fā)音開頭。
下面舉個輔音開頭發(fā)元音選用冠詞的例子。
Incorrect: The judge gave the lawyers a hour's recess to review the new evidence.
Correct: The judge gave the lawyers an hour's recess to review the new evidence.
下面舉個輔音開頭發(fā)輔音選用冠詞的例子。
Incorrect: The professor was well known for posing an hypothetical question when students suggested that one rule would suffice for all situations.
Correct: The professor was well known for posing a hypothetical question when students suggested that one rule would suffice for all situations.
四、括號
1 在引語中插入你自己選用的單詞時(shí)，該單詞使用括號。
Incorrect: The professor said that "Frankfurter evolved from liberal to conservative while on the Supreme Court (and) Blackmun evolved from conservative to liberal."
Correct: The professor said that "Frankfurter evolved from liberal to conservative while on the Supreme Court [and] Blackmun evolved from conservative to liberal."
2 為表示你在引語中改變了一個單詞的一部分時(shí)，該部分使用括號。此類情形通常發(fā)生在為合并引語和你自己的句子時(shí)，要把大寫字母變小寫字母，反之亦然。
引語:
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." U.S. Const. amend. VIII.
不正確合并:
The Eighth Amendment provides that "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." U.S. Const. amend. VIII.
正確合并:
The Eighth Amendment provides that "[e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." U.S. Const. amend. VIII.
五、限制性從句與非限制性從句 Clauses - Restrictive and Nonrestrictive
1. Restrictive and Nonrestrictive Clauses Defined. Restrictive clauses limit the possible meaning of a preceding subject. Nonrestrictive clauses tell you something about a preceding subject, but they do not limit, or restrict, the meaning of that subject. Compare the following examples.
含義。限制性從句限定前面主句的含義，而非限制性從句僅講述與前面的主句相關(guān)的內(nèi)容，但并不對前面的主句進(jìn)行限定。比較下面的例句：
Correct Restrictive Use:
The suspect in the lineup who has red hair committed the crime.
Note how the subject "suspect" in this sentence is restricted in two ways: we know that this suspect is both in the lineup and has red hair. As a result, we know that the other suspects, who are not in the lineup, could not have committed the crime. Moreover, of those suspects in the lineup, we know that the one suspect in the lineup with red hair committed the crime. If there were more than one suspect in the lineup with red hair, the above usage would be incorrect because it implies a different meaning.
請注意：上句中的主語suspect以兩種方式進(jìn)行了限定：在排隊(duì)和有紅色頭發(fā)。因此，我們可以知道，其它不在隊(duì)列中的嫌疑犯沒有參與犯罪。而且，在嫌疑犯隊(duì)列中，只有有紅色頭發(fā)的才參與了犯罪。如果隊(duì)列中不止一人有紅色頭發(fā)，則上述例句的用法是不正確的，因?yàn)樗嬗衅渌暮x。
Correct Nonrestrictive Use:
The suspect in the lineup, who owns a red car, committed the crime.
In this example, the restrictive clause "in the lineup" tells us that of all possible suspects in the world, the one who committed the crime is in the lineup. However, while the nonrestrictive clause "who owns a red car" tells us something about the suspect, it does not foreclose the possibility that there are several different suspects in the lineup with red cars. The car color may tell us something useful, but it does not restrict us to only one possibility.
在例句中，限制語in the lineup告訴我們，在所有可能的嫌疑犯中，參與犯罪的嫌疑犯在隊(duì)列中。盡管非限制性從句who owns a red car告訴了我們關(guān)于嫌疑犯的若干資料，但是并不能排除在隊(duì)列中其它嫌疑犯也擁有red car。車身的顏色可能告訴我們一些有用的東西，但無法限定到僅僅一種可能。
2. When choosing between "that" and "which," use "that" to introduce a restrictive clause and "which" to introduce a nonrestrictive clause. Although some writers use "which" to introduce a restrictive clause, the traditional practice is to use "that" to introduce a restrictive clause and "which" to introduce a nonrestrictive clause. When writing a restrictive clause, do not place a comma before "that." When writing a nonrestrictive clause, do place a comma before "which."
盡管有些作者用which來引入限制性從句，但是傳統(tǒng)用法還是用that來引入限制性從句，而用which來引入非限制性從句。使用限制性從句時(shí)，that 前一定不要用逗號，而使用非限制性從句時(shí)，which 前一定要用逗號。
Correct Restrictive Use:
The store honored the complaints that were less than 60 days old.
Correct Nonrestrictive Use:
The store honored the complaints, which were less than 60 days old.
These sentences have different meanings as well as different punctuation. In the restrictive sentence, the store honored only those complaints less than 60 days old, but not those over 60 days old. In the nonrestrictive sentence, the store honored all the complaints, all of which were less than 60 days old.
這兩個句子含義不同，所用標(biāo)點(diǎn)也不同。在限制性從句中，商店只處理不超過60天的投訴；而在非限制性從句中，商店處理了所有的投訴，這些投訴都是60天內(nèi)發(fā)生的。
3. Place proper punctuation around nonrestrictive clauses, but do not place punctuation around restrictive clauses. When a nonrestrictive clause appears in the middle of a sentence, place commas around it. When a nonrestrictive clause appears at the end of a sentence, place a comma before it and a period after it. Do not punctuate restrictive clauses.
在非限制性從句中可以使用標(biāo)點(diǎn)，但在限制性從句中則不可以使用。當(dāng)非限制性成分在句子中間出現(xiàn)時(shí)，應(yīng)當(dāng)在它前面和后面加逗號。當(dāng)非限制性成分出現(xiàn)在句末時(shí)，在它前面加逗號，后面加句號。不要在限制性從句中使用標(biāo)點(diǎn)。
Correct Punctuation of Nonrestrictive Clause:
The 1964 Ford Mustang, which propelled Lee Iacocca to the top of the automobile industry, is now considered a classic.
Correct Punctuation of Nonrestrictive Clause:
The credit card is in my wallet, which you can find in the kitchen drawer.
Correct Punctuation of Restrictive Clause:
The boat that sailed on October 25 is the one to which we referred in the contract.
六、口語（表達(dá)）Colloquialisms
法律文書是一種正式的文書。其首要目的就是清楚而有效地溝通觀點(diǎn)。偶爾運(yùn)用修辭性的華麗詞藻有助于強(qiáng)調(diào)觀點(diǎn)，尤其在論述性文書中。但是千萬不要因用了華麗的表達(dá)而丟掉或混淆了重要的法律觀點(diǎn)。觀點(diǎn)重要性遠(yuǎn)大于表達(dá)形式。同樣，寫作不要象說話一樣。英語口語中我們經(jīng)常用生動的或是口語化的短語，這在書面英語中是不合時(shí)宜的。寫作中一定不要用這些短語，要代之以準(zhǔn)確的語言。
Incorrect: On arriving at the scene of the crime, the officer tore up the stairs in search of the big enchilada.
Correct: On arriving at the scene of the crime, the officer ran up the stairs in search of the leader of the crime syndicate.
前述例子中，口語短語"tore up the stairs" 和"big enchilada"有多個意思。所以，越準(zhǔn)確語言越恰當(dāng)。
Incorrect: On December 12, 1992, Ms. DeWitt kicked the bucket.
Also Incorrect: On December 12, 1992, Ms. DeWitt passed on to her heavenly reward.
Better: Ms. DeWitt died on December 12, 1992.
前述例子中，第一個不恰當(dāng)?shù)木渥雍嫡Z，通常這在法律文書或其它正式文書中都不合時(shí)宜。第二個不恰當(dāng)?shù)睦颖苊饬速嫡Z，但走到另一個極端，有失簡潔。
七、冒號
1 一句話中在“such as " "including" 和 "for example" 短語后不用冒號。因?yàn)檫@些短語已提示讀者接下來會舉一些例子，沒有必要再用冒號引出例子了，那樣只是多此一舉。
Incorrect: She had all the skills of a great litigator, such as: writing ability, perseverance, persuasiveness, and obsessive attention to detail.
Correct: She had all the skills of a great litigator, such as writing ability, perseverance, persuasiveness, and obsessive attention to detail.
2 介詞（例如“in”） 或副詞后不用冒號列舉。
Incorrect: The new law student excelled in: Criminal Law, Legal Writing, and Torts.
Correct: The new law student excelled in Criminal Law, Legal Writing, and Torts.
Incorrect: The litigation tactics most disliked by the judge are: discriminatory use of peremptory challenges, indiscriminate use of document requests during discovery, and the introduction of frivolous motions as delaying tactics.
Correct: The litigation tactics most disliked by the judge are discriminatory use of peremptory challenges, indiscriminate use of document requests during discovery, and the introduction of frivolous motions as delaying tactics.
3如果不違反上述規(guī)則 1或者規(guī)則2 ，則用冒號引出例子或解釋。
Correct Use to Introduce a List:
The store carried all the items the new judge needed: gavels, judicial robes, case reporters, and computers.
Correct Use as an Explanatory Tool:
The restaurant served the type of food most preferred by lawyers: red meat.
4 當(dāng)重申一個觀點(diǎn)時(shí)，用冒號。如果跟在冒號后的是一個完整句子，則開頭字母大寫，反之，跟在冒號后的是從句或短語，則開頭字母不大寫。
Correct: The writing was brilliant: It was clear, concise, and analytically correct.
Incorrect: The writing was brilliant: clear, concise, and analytically correct.
八、Commas
逗號的用法是正確運(yùn)用標(biāo)點(diǎn)過程中最復(fù)雜，最容易產(chǎn)生誤解的問題之一。在一些情形中，存在著被廣泛接受的用法。然而在另一些情況下，卻有不只一種用法。學(xué)生常常認(rèn)為，擔(dān)心標(biāo)點(diǎn)的用法有點(diǎn)可笑：畢竟，法律分析才是最重要的呀。但是，假如一個人申請一份工作或向上級提交書面報(bào)告，沒有什么會比忽視標(biāo)點(diǎn)運(yùn)用基本規(guī)則更容易給人留下負(fù)面印象的了。畢竟，一位高級律師是決不會愿意去更正一位初級律師的逗號的用法的。
Comma usage is one of the most complex, and most misunderstood, questions of proper punctuation. In some cases there are widely accepted rules governing comma usage; in a few cases, there is more than one acceptable approach. Students often think it's silly to worry about things such as punctuation: after all, isn't the legal analysis what really counts? However, when one applies for a job or submits written work to a supervisor, nothing will leave a more negative impression than ignorance of the basic rules of punctuation. After all, the last thing a senior attorney wants to do is correct a junior attorney's comma usage.
1.
當(dāng)你用一個短語或從屬分句開始一個句子，并隨后引入一個獨(dú)立分句時(shí)，用逗號分隔。
When you begin a sentence with a phrase or dependent clause to introduce a subsequent independent clause, separate the clauses with a comma.
Incorrect: After many years as a criminal prosecutor she ascended to the bench.
Correct: After many years as a criminal prosecutor, she ascended to the bench.
Incorrect: Because the witness was unavailable the judge allowed the introduction of the testimony pursuant to an exception to the hearsay rule.
Correct: Because the witness was unavailable, the judge allowed the introduction of the testimony pursuant to an exception to the hearsay rule.
2. 用逗號分隔非限制性從句，但不要用逗號分隔非限制性從句。
非限制性從句告訴你關(guān)于句子主語的某些事情，但并不對其含義進(jìn)行限定；相反，限制性從句對主語的含義進(jìn)行限定。
Use commas to set off a nonrestrictive clause in the middle of a sentence, but not to set off a restrictive clause. Nonrestrictive clauses tell you something about the subject of a sentence, but they do not limit, or restrict, the meaning. Restrictive clauses, on the other hand, limit the possible meaning of the subject.
ompare the following examples.
Correct Restrictive Use:
The suspect in the lineup who has red hair committed the crime.
Note how the subject "suspect" in this sentence is restricted in two ways: we know that this suspect is both in the lineup and has red hair. As a result, we know that the other suspects, who are not in the lineup, could not have committed the crime. Moreover, of those suspects in the lineup, we know that the one suspect in the lineup with red hair committed the crime. If there were more than one suspect in the lineup with red hair, the above usage would be incorrect because it implies a different meaning.
Correct Nonrestrictive Use:
The suspect in the lineup, who owns a red car, committed the crime.
In this example, the restrictive clause "in the lineup" tells us that of all possible suspects in the world, the one who committed the crime is in the lineup. However, while the nonrestrictive clause "who owns a red car" tells us something about the suspect, it does not foreclose the possibility that there are several different suspects in the lineup with red cars. The car color may tell us something useful, but it does not restrict us to only one possibility.
3.用兩個逗號來分隔同位語或插入語。同位語是對它所跟隨的名詞進(jìn)行描述的單詞或短語，插入語告訴我們關(guān)于某個名詞的一些事情，但對闡述該名詞并不重要。
Use two commas to set off an appositive or an aside in the midst of a sentence. An appositive is a word or phrase that describes a noun it follows. An aside tells us something about the noun, but is not essential to defining the noun.
Correct Use with an Appositive:
The police chief, William A. Bendofsky, is an authority on the use of roadblocks to protect neighborhoods from drive-by shootings.
Correct Use with an Aside:
The pretrial phase of the litigation, like all pretrial work, lasted longer than the trial itself.
4. 用兩個逗號，而不是一個，來分隔非限制性從句。
Use two commas, not one, to set off a nonrestrictive clause in the middle of a sentence.
Incorrect: The city, a polyglot of different races and religions provided many opportunities for cultural exchange.
Correct: The city, a polyglot of different races and religions, provided many opportunities for cultural exchange.
5.在過渡性的副詞前加逗號。比較常用的副詞有accordingly, furthermore, however, moreover, therefore, 和 thus。
Place a comma after a transitional word that introduces a sentence. The following are examples of commonly used transitional words: accordingly, furthermore, however, moreover, therefore, and thus.
Incorrect: Accordingly he granted the motion to dismiss.
Correct: Accordingly, he granted the motion to dismiss.
Incorrect: Moreover she convinced the judge that her client had been out of state at the time of the burglary.
Correct: Moreover, she convinced the judge that her client had been out of state at the time of the burglary.
6. 當(dāng)用逗號來分隔列舉的項(xiàng)目時(shí)，在名單的最后一個項(xiàng)目之前前的連詞前面加逗號。有許多人并不這樣做，雖然這種用法比較常見，但這種方式在某些情況下有可能會產(chǎn)生歧義。
When using commas to separate items in a list, place a comma before the conjunction that precedes the last separate item in the list, unless that last item is a compound term. Many people are taught not to place a comma before a conjunction preceding the last item in a list (such as, "red, white and blue"). However, while popular, this approach runs the risk of creating ambiguity in a number of situations. Consider the following.
Incorrect: The car was available in red, white, black and tan, and special-order colors.
上例中，如果車子有四種標(biāo)準(zhǔn)顏色可供選擇，則逗號的用法不正確，因?yàn)檫@種用法使人以為車子還有一種復(fù)合顏色（black and tan）可供選擇。但如果車子只有三種顏色可選，其中一種是復(fù)合顏色（black and tan），那么上述用法就是正確的。
If the car is available in four standard colors, then the above usage is incorrect, because it implies that black and tan is one, two-tone color option. However, if there are only three color options, one of which is black and tan, then the above usage is correct.
Correct: The car was available in red, white, black, and tan, and special-order colors.
上例中，放在連詞and前的逗號使得讀者很清楚，車子共有四種標(biāo)準(zhǔn)顏色的款式，避免了由于在連詞and前不加逗號所產(chǎn)生的歧義。
The use of the comma before the first conjunction in this sentence makes it clear that there are four standard color options, avoiding the ambiguity created in the first example by the absence of a comma before "and tan."
7. 如果有兩個形容詞一起修飾一個名詞時(shí)，使用逗號分隔這兩個形容詞。如果這兩個形容詞中的第一個形容詞是用來修飾第二個形容詞的，而不是修飾后面的名詞，就不要用逗號分隔這兩個形容詞。
Use a comma to separate two adjectives that modify the same noun, but do not use a comma if the first of two adjectives modifies the second adjective, but not the noun. In considering this choice, ask yourself whether the two adjectives can be reversed. If they can, as in the first example below, separate them with a comma. If they can not, as in the second example below, do not use a comma.
Incorrect: The only approach to the city was by a long old highway.
Correct: The only approach to the city was by a long, old highway.
Incorrect: The suspect drove a light, blue truck.
Correct: The suspect drove a light blue truck.
In the second example, use of a comma would be incorrect, since "light" modifies "blue," and is therefore not part of a series of commas that modify the word "truck." However, on the off chance that the writer intended to write that the truck was light in weight as well as blue in color, then the first use would be correct. Thus, you can change the meaning of a sentence —— sometimes inadvertently —— by your use of commas.
8. 不要用逗號來替代引導(dǎo)詞that。
Do not use a comma to replace the word "that."
Incorrect: The court decided, there is no constitutional right to a second appeal, except by means of a habeas petition.
Correct: The court decided that there is no constitutional right to a second appeal, except by means of a habeas petition.
Also Correct:
The court decided there is no constitutional right to a second appeal, except by means of a habeas petition.
In the second correct example, removing the word "that" from the sentence is acceptable because its absence does not confuse the reader. However, leave "that" in a sentence if removing it would create some doubt in the reader's mind concerning what the writer meant to convey.
9.不要用逗號分隔一個句子的并列謂語，除非不加逗號會令人費(fèi)解或是并列謂語的第二部分需要強(qiáng)調(diào)。
As a general rule, do not use a comma to separate the parts of a double predicate, unless the sentence would be confusing without it, or the second part of the double predicate requires special emphasis. A double predicate exists where the sentence has one subject and two verbs related to that subject. (Please read rule 10 of this section as well.)
Incorrect: The customer finished his meal, and paid the check.
Correct: The customer finished his meal and paid the check.
使用逗號分隔并列謂語來強(qiáng)調(diào)的例子：
Correct Use of Comma to Create Emphasis:
The defendant had been employed as a cashier for twenty years, and never once was accused of stealing money from the register.
In the preceding example, the writer creates a greater emphasis on the defendant's innocence by setting off the second part of the double predicate with a comma. Without the comma, the second thought seems like an afterthought.
使用逗號分隔句子避免歧義的例子：
Correct Use of Comma to Avoid Confusion:
The judge ruled that suppression of the evidence was required because it had been obtained illegally, and ordered the defendant released from prison.
In this example, the writer avoids confusion by using a comma to introduce the second in the series of compound verbs; without the comma, one might not be sure whether the verb "ordered" related to the subject "it" or the subject "the judge." By contrast, in the sentence above about the restaurant customer, the comma is not needed, because it is a simple sentence.
10. 當(dāng)用連詞連接兩個獨(dú)立從句時(shí)，在連詞前加逗號。連詞包括"and," "but," "or," "nor," 和 "yet"。
When joining two independent clauses with a conjunction, place a comma before the conjunction. Conjunctions include the words "and," "but," "or," "nor," and "yet."
Incorrect: The customer ate every piece of the apple pie and the waitress brought another pie.
Correct: The customer ate every piece of the apple pie, and the waitress brought another pie.
In the incorrect example, the reader may at first think the customer ate the pie and the waitress. In the correct example, the comma before the conjunction tells the reader, "Stop, another independent clause with its own subject (the waitress) is about to begin."
11. 通常，在which前面加逗號，但不要在that前面加逗號。雖然有的作者習(xí)慣于用which來引入限制性從句，傳統(tǒng)用法是用that來引入限制性從句，用which來引入非限制性從句。在引入限制性從句時(shí)，在that前不要加逗號，在引入非限制性從句時(shí)，在which前一定要加逗號。
Generally, use a comma before "which" but not before "that." Although some writers use "which" to introduce a restrictive clause, the traditional practice is to use "that" to introduce a restrictive clause and "which" to introduce a nonrestrictive clause. When writing a restrictive clause, do not place a comma before "that." When writing a nonrestrictive clause, do place a comma before "which."
Correct Restrictive Use:
The store honored the complaints that were less than 60 days old.
Correct Nonrestrictive Use:
The store honored the complaints, which were less than 60 days old.
These sentences have different meanings as well as different punctuation. In the restrictive sentence, the store honored only those complaints less than 60 days old, but not those over 60 days old. In the nonrestrictive sentence, the store honored all the complaints, all of which were less than 60 days old.
12. 在引號內(nèi)加入逗號，不要在引號外面加，不論逗號是否是其所引用的引語的組成部分。一般的規(guī)則是，逗號，句號總是放在引號內(nèi)，而其他標(biāo)點(diǎn)，如問號，冒號，分號和感嘆號都應(yīng)該放在引號外面，除非他們原來就是所引用的引語的組成部分。
Place commas inside, not outside, quotation marks. Follow this practice whether or not the comma is part of the original quotation. The general rule is that commas and periods should be inside the quotation marks at all times, while all other forms of punctuation, such as question marks, colons, semicolons, and exclamation points, should be outside the quotation marks, unless they were contained in the original quotation.
Incorrect: The court held that "physical injury is not a required element of a sexual harassment claim", and the plaintiff went on to win her case.
Correct: The court held that "physical injury is not a required element of a sexual harassment claim," and the plaintiff went on to win her case.
13. 用兩個逗號來分隔日期和地點(diǎn)。表述詳細(xì)日期（年月日）時(shí)，或詳細(xì)的地理位置（如國家，州，城市）時(shí)，在最后的項(xiàng)目前后加兩個逗號。
Use two commas when setting off dates and places. When using a full date (month, date, year) or multi-part geographical designation (such as city and state or city and country), use two commas around the last part of the designation.
Incorrect: On June 28, 1974 Judge Hayes took her seat on the Supreme Court.
Correct: On June 28, 1974, Judge Hayes took her seat on the Supreme Court.
However: In June 1974 Judge Hayes took her seat on the Supreme Court.
Incorrect: Laredo, Texas was host for the 1994 World Rodeo Championship.
Correct: Laredo, Texas, was host for the 1994 World Rodeo Championship.
Incorrect: We arrived in Tokyo, Japan for the meeting of the G-7 leaders.
Correct: We arrived in Tokyo, Japan, for the meeting of the G-7 leaders.
參考：從屬從句和短語；限制性從句和非限制性從句
Cross References: Dependent Clauses and Phrases; Clauses —— Restrictive and Nonrestrictive
Compound Adjectives
九、復(fù)合形容詞
1. A compound adjective is formed when two or more adjectives work together to modify the same noun. These terms should be hyphenated to avoid confusion or ambiguity.
復(fù)合形容詞由兩個或兩個以上的形容詞組成用以修飾一個名詞。組成復(fù)合形容詞的每個形容詞之間要用連字符連接以避免混淆和詞不達(dá)意。
Incorrect: The black and blue mark suggested that he had been involved in an altercation.
Correct: The black-and-blue mark suggested that he had been involved in an altercation.
Incorrect: Her fifteen minute presentation proved decisive to the outcome of the case.
Correct: Her fifteen-minute presentation proved decisive to the outcome of the case.
2. However, combining an adverb (usually a word ending in "ly") and an adjective does not create a compound adjective. No hyphen is required because it is already clear that the adverb modifies the adjective rather than the subsequent noun.
但是，副詞（通常以“l(fā)y”結(jié)尾）與形容詞組合不能作為復(fù)合形容詞使用，其間不需使用連字符，因?yàn)?，顯而易見，副詞用以修飾形容詞而非其后的名詞。
Incorrect: The remarkably-hot day turned into a remarkably-long week.
Correct: The remarkably hot day turned into a remarkably long week.
3. Furthermore, you should not place a hyphen in a compound adjective if the adjectives are capitalized, such as when they are part of a title.
此外，如果組成復(fù)合形容詞的形容詞為大寫形式，例如：該附和形容詞為文章題目的一部分，則不需在其間加以連字符。
Correct: His book was entitled, "Gender Neutral Language in English Usage," and it revolutionized the way people think about sex roles.
However: His book on gender-neutral language revolutionized the way people think about sex roles.
Correct: The students were participants in Chicago-Kent's vaunted Legal Research and Writing Program.
Also Correct:
同樣正確
The student decided to attend a school with a good legal-research-and-writing program. Note that in this example, the reference is to a type of program, rather than a specific program, and so the use of hyphens is proper.
十、縮寫 Contractions
1. Avoid using contractions in formal writing. A contraction is a combination of two words as one, such as "don't," "can't," and "isn't." The use of contractions is inappropriate in formal legal writing. Replace them with the two-word version of the contraction.
在正式寫作中應(yīng)避免使用縮寫形式。 縮寫即是將兩個詞合二為一，比如 "don't," "can't," 和"isn't"。在正式的法律文書中使用縮寫形式是不規(guī)范的。
Incorrect: He can't guarantee that the defendant will appear because the defendant hasn't called him in several days.
Correct: He can not guarantee that the defendant will appear because the defendant has not called him in several days.
2. Remember: "It's" is the contraction of "it is." The term "its" is the singular possessive of "it." The term "it's," by contrast, is the contraction of "it is."
記?。骸癐t's”是“it is”的縮寫形式，而“its”是“it”的單數(shù)所有格形式。
Correct use as Possessive: 所有格的正確使用：
My '68 Mustang is on its last journey.
Correct use as Contraction: 縮寫形式的正確使用：
It's a long way from Tipperary.
Cross References: Apostrophes, Possessives 參考：省略符號，所有格
十一、Dashes 破折號
Dashes can be used to set off material in the midst of a sentence. However, one should try to avoid using them at all. When choosing between dashes and other forms of punctuation (such as commas and parentheses), dashes should be used sparingly and primarily when the material deserves special emphasis. By contract, parenthetical ideas may be lost. In typing or word processing, a dash is formed by placing one space before and one space after two consecutive hyphens.
破折號使用在詞與詞中間用以隔開句子成分。然而，我們應(yīng)盡量避免使用破折號。當(dāng)在句中需要強(qiáng)調(diào)某成分時(shí)，在破折號與其他標(biāo)點(diǎn)符號（如逗號，括號）之間我們應(yīng)優(yōu)先并謹(jǐn)慎使用破折號。如省略破折號則可能導(dǎo)致插入部分的語意丟失。在打印或用WORD進(jìn)行文字系統(tǒng)操作時(shí)，應(yīng)連續(xù)打印兩個連接符并在其前后分別空一格。
Incorrect錯誤使用: The judge knew the defendant——she had been his third wife——and he therefore recused himself.
Correct正確使用: The judge knew the defendant —— she had been his third wife —— and he therefore recused himself.