Legal English - I

Class Note

Prepared By
Surendra Bahadur Nepali

National Law College

Sanepa Height, Lalitpur Nepal
 Contents

Contents.................................................................................................................................................. a
Legal English - I ........................................................................................................................................ c
Unit 1: Grammar (8 hrs)....................................................................................................................... 1
1.1 Speech Sounds and Transcriptions (Learner's Authentic English Grammar) .................................. 2
1.2 Stress, Intonation ......................................................................................................................... 9
1.3 Varieties of English (A Communicative Grammar of English: Part One) ....................................... 19
Unit 2: Grammar in Use: Section A and B: Concepts (8 hrs) ................................................................ 34
2.1 Nouns ........................................................................................................................................ 35
2.2 Articles (A Communicative Grammar of English, Learner's Authentic English Grammar) ............. 60
2.3 Tenses ............................................................................................................................................. 71
2.4 Condition and Contrast .................................................................................................................... 80
2.5 Statements, Questions and Responses ....................................................................................... 84
2.6 Denial and Affirmation ............................................................................................................... 90
2.7 Agreement and Disagreement ................................................................................................... 92
2.8 Degrees of Likelihood................................................................................................................. 96
2.9 Attitudes to Truth ..................................................................................................................... 98
2.10 A communicative Grammar of English........................................................................................ 99
Unit 3: Grammar in Use: Section C and D (8 hrs) .............................................................................. 100
3.1 Emotive Emphasis .................................................................................................................... 101
3.2 Permission and Obligation ....................................................................................................... 105
3.3 Friendly Communication .......................................................................................................... 108
3.4 Vocative................................................................................................................................... 111
3.5 Linking Signals.......................................................................................................................... 112
3.6 Dividing the Message into Tone Units ...................................................................................... 119
3.7 Fronted Topic and inversion ..................................................................................................... 127
3.8 Cleft Sentence (A Communicative Grammar of English) ................................................................. 131
3.9 Prepositions (Learner's Authentic English Grammar) ...................................................................... 133
Unit 4: Plain language (8 hrs) ........................................................................................................... 162
4.1 What is plain language? ........................................................................................................... 163
4.2 Structure.................................................................................................................................. 169

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4.3 Words ...................................................................................................................................... 173
4.4 Legal Affectations and Nasty Habit ........................................................................................... 180
4.5 Plain Language Vocabulary ............................................................................................................ 185
Unit 5: The Language of Law (8 hrs) ................................................................................................. 192
5.1 Nature of Legal English............................................................................................................. 193
5.2 Functions of Legal English ........................................................................................................ 198
5.3 Features of Legal English .......................................................................................................... 201
Unit 6: Basic Standard of Legal Writing (8 hrs) ................................................................................. 223
6.1 Elements of Good Styles: Clarity, Consistency and Effectiveness .............................................. 224
6.2 What is to Avoid ...................................................................................................................... 240
6.3 British and American English .................................................................................................... 256
Questions ............................................................................................................................................ 263
Answering the question ....................................................................................................................... 271

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 Legal English - I
First Semester
Course Code No: LEng 424

Credit: 3 Pass Marks: 50

Duration: 48 Hrs Nature: Compulsory

Course Objectives
The objectives of this course are to make students familiar with the grammar of spoken and written
English and improve their ability to prepare general legal documents and memoranda in English. They will
also learn the basic usage of contemporary English, and enhance proficiency in understanding legal texts
and materials, and be skilled in presentation at different events and forums including courts.

Unit 1: Grammar (8 hrs)

1.1 Speech Sounds and Transcription (Learners' Authentic English Grammar)
1.2 Stress, Intonation
1.3 Varieties of English (A Communicative Grammar of English: Part One)
1. Grammar in Spoken and Written English;
2. Levels of Uses;
3. The 'Common Core;
4. Geographical and National Varieties;
5. Formal and Informal English;
6. Impersonal Style;
7. Polite and Familiar Language;
8. Tactful and Tentative Language;
9. Literary, Elevated and Rhetorical Language.

Unit 2: Grammar in Use: Section A and B: Concepts (8 hrs)

2.1 Nouns
2.2 Articles (A Communicative Grammar of English, Learner's Authentic English Grammar)
2.3 Tenses
2.4 Condition and Contrast
2.5 Statements, Questions and Responses
2.6 Denial and Affirmation
2.7 Agreement and Disagreement
2.8 Degrees of Likelihood
2.9 Attitudes to Truth
2.10 A communicative Grammar of English

Unit 3: Grammar in Use: Section C and D (8 hrs)

3.1 Emotive Emphasis
3.2 Permission and Obligation
3.3 Friendly Communication

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 3.4 Vocative
3.5 Linking Signals
3.6 Dividing the Message into Tone Unit
3.7 Fronted Topic and inversion
3.8 Cleft Sentence (A Communicative Grammar of English)
3.9 Prepositions (Learner's Authentic English Grammar)

Unit 4: Plain language (8 hrs)

4.1 What is plain language?
4.2 Structure
4.3 Words
4.4 Legal Affectations and Nasty Habit
4.5 Plain Language Vocabulary

Unit 5: The Language of Law (8 hrs)

5.1 Nature of Legal English
5.2 Functions of Legal English
5.3 Features of Legal English
5.3.1 Types of Legal English
5.3.2 Language of the Courts
5.3.3 Development of Modern Legal English
5.3.4 Sources of Legal English
5.3.5 What Makes Legal Language Difficult
5.3.6 Legal Terms of Arts
5.3.7 Legal Jargons
5.3.8 Legal Meaning May Differ from General English

Unit 6: Basic Standard of Legal Writing (8 hrs)

6.1 Elements of Good Styles: Clarity, Consistency and Effectiveness
6.2 What is to Avoid
6.3 British and American English

References
Books
Michele, M. Asprey, Plain Language for Lawyers (4th Ed.), new Delhi University Law Publishing Co. PVT.
LTD, 2011.
Rupert Haigh , Legal English (3rd Ed.), London: Routlege, 2012 (Special Indian Edition).
Geoffrey, Leech & Jan, Svartvik, A communicative Grammar of English (3rd Ed.) New Delhi: Routlege, 2009.
Adhikari, Sita Ram, Learner's Authentic English Grammar (1st Ed.), Kathmandu: Utsav Books Prakashan,
2008.
Sharma, Sirjana, Sharpen Your English Vocabulary, Kathmandu: Sirjana Sharma 2072 BS.
Shrestha, Shanker Kumar, Dictionary of Law and Justice (2nd Ed.), Kathmandu: Pairavi Prakashan, 2012.

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 Unit 1: Grammar (8 hrs)
1.1 Speech Sounds and Transcription (Learners' Authentic English Grammar)
1.2 Stress, Intonation
1.3 Varieties of English (A Communicative Grammar of English: Part One)
1. Grammar in Spoken and Written English;
2. Levels of Uses;
3. Common Core;
4. Geographical and National Varieties;
5. Formal and Informal English;
6. Impersonal Style;
7. Polite and Familiar Language;
8. Tactful and Tentative Language;
9. Literary, Elevated and Rhetorical Language.

1
 1.1 Speech Sounds and Transcriptions (Learner's Authentic
English Grammar)
 Spoken English is one of the varieties of English which may be rather informal. It may not follow
grammatical rules as written or formal English does.
 It uses sound system:
a. Phonetic symbols
b. Stress
c. Intonation
a. Phonetic Symbol
Organs of Speech

Pure Vowels

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1. Vowels

 A vowel is a sound pronounced with an open vocal tract.

 A vowel is a sound that forms the peak (nucleus) of a syllable.
 International Phonetic Alphabet (IPA)
 Phonetic transcription
 Sound occurring in different position

Short Long
ɪ as in bid -O_ i: as in bead -O{_
kit /kɪt/, bid /bɪd/, sit /sɪt/, hymn /hɪm/, fleece /fliːs/, sea /siː/, machine
minute /mɪnɪt/, hit /hɪt/, lip /lɪp/, sick / sɪk/, /məʃiːn/, heat /hiːt/, leap /liːp/, seek /
will /wɪl/, middle /mɪdəl/, did /dɪd/, fill /fɪl/, siːk/, wheel / wiːl/, liter /li:tə/, cheap
pin /pɪn/, litter /lɪtə/, chip /tʃɪp/, fit /fɪt/, his /tʃi:p/, feet /fi:t/, he's /hi:z/, peach
/hɪz/, pitch /p ɪtʃ/, ship /ʃɪp/ /pi:tʃ/, sheep /ʃi:p/, eat /i:t/, feast
it, animal /fi:st/, greet /gri:t/, meet /mi:t/
eat, believe, coffee,

i country /kʌntri/
happy, glorious
Ʊ as in pull -p_ u: as in pool -pm_
foot /fʊt/, put /pʊt/, good /gʊd/ goose /guːs/, two /tuː/, blue /bluː/,
book (No initial and final position) group /gruːp/, too /tuː/
ooze, move, moo
˄ as in cut -c_ ɑ: as in calm -cf_
cup /kʌp/,strut /strʌt/, mud /mʌd/, love /lʌv/, arm /ɑːm/, father /fɑːðə/, start /stɑːt/,
blood /blʌd/, uncle /ʌnkəl/, bunk /bʌnk/, but hard /hɑːd/
/bʌt/, swum /swʌm/ art, farm, star
up, sum (No final position)
ɒ as in cot <RP> -c_ ɔ: as in caught <RP> -c_
got /gɒt/, lot /lɒt/, odd /ɒd/, wash /wɒʃ/ saw /sɔː/, thought /θɔːt/, law /lɔː/, north
on, cot (No final position) /nɔːθ/, war /wɔː/, caught /kɔːt/, door
/dɔː/, saw /sɔː/, floor /flɔː/
all, ball, law
ə about -c_ -schwa) ɜ: as in bird -c_
along /əlɒŋ/, about /əbaʊt/, common /kɒmən/, fur /fɜː/, nurse /nɜːs/, stir /stɜː/, learn
standard /stændəd/, butter /bʌtə/, the /ðə/, of /lɜːn/, refer /rəfɜː/
/əv/, that /ðət/, a /ə/, accuse /əkju:z/, banana earn, bird, fur
/bənɑ:nə/, father /fɑ:ðə/, camra /kærə/
again, parent, banana
a cup of tea
/ə kʌpə ti:/
cuppa
/kʌpə/
a piece of cake

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 /ə pi:sə keɪk/

e as in bed -P_
ten /ten/, dress /dres/, bed /bed/, head /hed/,
many /ˈmeni/ medal /medəl/, dead /ded/, fell
/fel/, pen /pen/
egg, abet (No final position)
æ as in bad -of_
hat /hæt/, trap /træp/, stamp /stæmp/, bad
/bæd/, ankle /ænkəl/, bank /bænk/, bat /bæt/,
cap /kæp/, swam /swæm/, back /bæk/, lap
/læp/ dad /dæd/, glad /glæd/, marry /mæri/
act, garage (No final position)

Diphthongs
eɪ as in fail -PO_
age /eɪdʒ/, face /feɪs/, day /deɪ/, break /breɪk/, ate /eɪt/, faced /feɪst/, great /greɪt/, mate /meɪt/
eight, gate, say
aɪ as in file -cfO_
five /faɪv/, price /praɪs/, high /haɪ/, try /traɪ/, eye /aɪ/
ice, right, lie
ɔɪ as in foil -cO_
choice /ʧɔɪs/, noise /nɔɪz /, boy /bɔɪ/, boiler /ˈbɔɪlə/
oil, boil, toy
əƱ as in foal -cp_
go /gəʊ/, goat /gəʊt/, show /ʃəʊ/, no /nəʊ/, boat /bəʊt/, show /ʃəʊ/, know /nəʊ/, coat /kəʊt/,
dough /dəʊ/, sew /səʊ/, flow /fləʊ/, coach /kəʊtʃ/, clone /kləʊn/, load /ləʊd/ phoned /fəʊnd/
old, home, no
aƱ as in fowl -cfp_
mouth /maʊθ/, now /naʊ/, fowl /faʊl/, couch /kaʊtʃ/, clown /klaʊn/, loud /laʊd/, found /faʊnd/
out, about, cow,
ɪə as in pear -Oc_
near /nɪə/, here /hɪə/, weary /ˈwɪərɪ/, ear /ɪə/, hear /hɪə/
ear, onion, here
eə as in pair -Pc_
air/eə/, square /skweə/, fair /feə/, various /veərɪəs/, pair /peə/, dared /deəd/, glared /gleəd/,
Mary /meəri/
airy, parent, there
Ʊə pure -pc_
tour /tʊə/, jury /ˈʤʊərɪ/, cure /kjʊə/, pure /pjʊə/

2. Consonants
 A consonant is a speech sound that is articulated with complete or partial closure of the vocal
tract.
Voiceless (puff of air) Voiced
p as in pig -k_ b as in big -a_

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pen /pen/, copy /kɒpɪ/, happen /hæpən/, bed /bed/ back /bæk/, baby /ˈbeɪbi/, job
pack /pæk/, pan /pæn/, hop /hɒp/, pop /ʤɒb/, bunch /bʌntʃ/, bump /bʌmp/, bull
/pɒp/, punch /pʌntʃ/, pump /pʌmp/, pull /bʊl/, bag /bæg/, hobby /hɒbɪ/, habit
/pʊl/, pair /peə/, cap /cæp/, simple /sɪmpəl/ /hæbɪt/, bob /bɒb/ bare /beə/, cap /cæb/,
pass, happen, cape symbol /sɪmbəl/, berry /beri/, bet /bet/, boat
/bəʊt/, bowel /baʊl/
book, hubbub, job
t as in two -6_ d as in do -8_
ten /ten/, tea /tɪː/, tight /taɪt/, button den /den/, day /deɪ/, ladder /ˈlædə/, odd
/ˈbʌtən/, get /get/, tin /tɪn/, to /tu:/, town /ɒd/, din /dɪn/, do /du:/, down /daʊn/, aid
/taʊn/, eight /eɪt/, bet /bet/, tame /teɪm, /eɪd/, bed /bed/, dame /deɪm/, did /dɪd/,
tomb /tu:m/, metal /metəl/, hurt /hɜːt/ doom /du:m/, medal /medəl/, heard /hɜːd/
tell, bottle, hat dog, ladder, lad
k as in come, king -s_ g as in gum -u_
cat /kæt/, key /kɪː/, clock /klɒk/, school get /get/, giggle /ˈgɪgəl/, ghost /gəʊst/,
/skuːl/, came /keɪm/, lucky /lʌkɪ/, sick /sɪk/, game /geɪm/, bag /bæg/, gauge /geɪdʒ/,
clock /klɒk/, back /bæk/, cage /keɪdʒ/, galleries /gælərɪz/, glue /glu:/, struggle
calories /kælərɪz/, clue /klu:/, coast /kəʊst/, /strʌgel/, gig /gɪg/, log /lɒg/, pig /pɪg/
lock /lɒk/, pick /pɪk/ gain, baggage, lag
kite, backbone, sack
tʃ as in cheap -r_ dʒ as in jeep, bridge -h_
church /ʧɜːʧ/, match /mæʧ/, nature /neɪʧə/ June /ʤu:n/, judge /ʤʌʤ/, age /eɪʤ/,
chin /ʧɪn/, choke /tʃəʊk/, teacher /ti:tʃə/, soldier /ˈsəʊlʤə/, joke /dʒəʊk/, junk
match /mætʃ/, chunk /tʃʌnk/, rich /rɪtʃ/, /ʤʌnk/, ridge /rɪʤ/, lunge /lʌndʒ/, lodger
lunch /lʌntʃ/, search /sɜːtʃ/ /lɒʤə/, bridge /brɪʤ/, surge /sɜːʤ/
chair bachelor, bench July, pigeon, judge
f as in few -km_ v as in view -e_
fat /fæt/, coffee /ˈkɔfɪ/, rough /rʌf/, fluff very /veri/, view /vjuː/, heavy /ˈhevi/, move
/flʌf/ photo /ˈfəʊtəʊ/, fan / /fæn/, leaf /li:f/,/muːv/, van / /væn/, leave /li:v/, of /ɒv/,
off /ɒf/, rifle /raɪfəl/, fault /fɒlt/, belief rival /raɪvəl/, verb /vɜːv/, vault /vɒlt/,
/bəli:f/, life /laɪf/ believe /bəli:v/, live /laɪv/, vet /vet/, vote
fall, baffle, laugh, graph /vəʊt/, vowel /vaʊl/, verse /vɜːs/, vile /vaɪl/,
vest /vest/, very /veəri/
van, poverty, prove
Ɵ as in thing -y_ ð as in then -b_
thin /θɪn/, /thing /θɪŋ/, author /ˈɔːθə/, path then /ðen /, /this /ðɪs /, other /ˈʌðə/, smooth
/pɑːθ/, throw /θrəʊ/, thumb /θʌm/, healthy /smuːð/, there /ðeə/, that / ðæt/
/helθi/, birth /bɜːθ/, path /pɑːθ/ that, either, bathe
thank, nothing, both
s as in ice, say -;_ z as in eyes, zoo -h_
sell /sel/, soon /suːn/, cease /siːs/, sister zoo /zuː/, zero /zɪərəʊ/, music /mjuːzɪk/,
/sɪstə/, mister /mɪstə/, hiss /hɪs/, course roses /rəʊzɪz/, buzz /bʌz/, his /hɪz/, cause
/kɔːs/, place /pleɪs/, gross /grəʊs/, sip /sɪp/, /kɔːz/, plays /pleɪz/, grows /grəʊz/, rise
so /səʊ/, sigh /saɪ/, sofa/səʊfə/, sock /sɒk/, /raɪz/, zip /zip/, lazy /leɪzi/, buzz /bʌz/
bus /bʌs/, rice /raɪs/, lacy /leɪsi/, bus /bʌs/ zone, lazy, has
sit, cost, less

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 ʃ as in pressure, show -z_ ʒ as in pleasure -h_
ship /ʃɪp/, sure /ʃɔː/, national /ˈnæʃnəl/, fish pleasure /ˈpleʒə/, leisure /ˈleʒə/, vision
/fɪʃ/, shush / ʃʊʃ/, show /ʃəʊ/, shy /ʃaɪ/, /ˈvɪʒən/, beige /beɪʒ/
chauffeur /ʃəʊfə/, shock /ʃɒk/ (no initial position) pleasure, garage
shall, cashier, push

h as in hot -x_ hot /hɒt/, whole /həʊl/, ahead /əˈhed/, how /haʊ/, hear /hɪə/, hello /hæləʊ/,
height /haɪt/, hedge /heʤ/, how /haʊ/
hand, behave (No final position)
m as in sum -d_ more /mɔː/, hammer /ˈhæmə/, sum /sʌm/, man /mæn/, mime /maɪm/, rum
/rʌm/
make, animal, name
n as in sun -g_ nice /naɪs/, know /nəʊ/, funny /ˈfʌnɪ/, son /sʌn/ knowledge /nɒlɪ dʒ/ , run /rʌn/
name /neɪm/, none /nʌn/, pin /pɪn/, ran /ræn/, thin /θɪn/, ton /tʌn/, win /wɪn/, robin /rɒbin/,
/sɪnə/
net, answer, an
ŋ as in sung -ª_ sing /sɪŋ/, ring /rɪŋ/, anger /ˈæŋgə/, thanks /θæŋks/, sung /sʌŋ/, rung /rʌŋ/, ping
/pɪŋ/, rang /ræŋ/, thing /θɪŋ/, tongue /tʌŋ/ wing /wɪŋ/, robbing /rɒbiŋ/, singer /sɪŋə/,
No initial position) finger, long
l as in lot -n_ leg /leg/, light /laɪt/, valley /ˈvælɪ/, feel /fiːl/, bell /bel/, level /levəl/, led /led/, clash
/klæʃ/, climb /klaɪm/, lice /laɪs/, lock /lɒk/, leaf /li:f/, let /let/, tell /tel/, loaf /ləʊf/, foal /fəʊl/, loot
/lu:t/, tool /tu:l/, pal /pæl/, pil /pɪl/, mile /maɪl/, milk /mɪlk/, cold /kəʊld/, long /lɒŋ/, loyal /lɔɪjəl/,
misread /mɪsled/, pilot /paɪlət/, play /pleɪ/
let, college, ball
r as in rot -/_ red /red/, right /raɪt/, wrong /rŋ/, sorry /ˈsɒrɪ/, arrange /əˈreɪnʤ/, red /red/, crash
/kræʃ/ crime /kraɪm/, rice /raɪs/, rock /rɒk/, royal /rɔɪjəl/, misread /mɪsred/, pirate /paɪrət/, pray
/preɪ/, car /kɑː/, card /kɑːd/, board /bɔːd/, hear /hɪə/, heard /hɜːd/,
my car is blue /maɪkɑːrɪzblu:/
rat, marriage, far
w as in wet -j_ wet /wet/, one /wʌn/, when /wen/, queen /kwɪːn/, beware /bɪweə/, quick /kwɪk/,
worse /wɜːs/, while /waɪl/, west /west/, wary /weəri/
wall, away (No final position)
j as in yet -o_ yes /jes/, yet /jet/, use /juːz/, beauty /bjuːtɪ/, few /fjuː/ yellow /jeləʊ/, useful
/juːzfəl/, cute /kjuːt/, accuse /əkjuːz/
you, new (No final position)

Corresponding to the <RP> diphthong /ɪə/, /eə/ and /Ʊə/ are the <GA> r-colored diphthongs
which may be transcribed /ɪr/, /er/ and /Ʊr/. Similarly, corresponding to the <RP> long vowel /ɜ:/
is the r-coloured vowel which may be transcribed: /ɜ:r/, e.g. /bɜ:d || bɜ:rd/ for bird.

Received Pronunciation <RP> is the accent of Standard English in the United Kingdom, with a
relationship to regional accents similar to the relationship in other European languages between
their standard varieties and their regional forms.

General American < GA or GenAm> is an umbrella variety of American English—a continuum of

accents —commonly attributed to a majority of Americans and popularly perceived, among
Americans, as lacking any distinctly regional, ethnic, or socioeconomic characteristics.[

6
 Minimal pairs are pairs of words or phrases in a particular language that differ in only one
phonological element, such as a phoneme, toneme or chroneme.
/p/ pin, bin; pill, bill /b/ bin, pin, been, dean
/t/ tin, din, team, deem /d/ din, tin, dill, bill
/tʃ/ chin, gin; chain, Jane /dʒ/ gin, shin; Jack, sack
/k/ kin, gin; kill, gill /g/ gal, gel gat, gap,
/j/ yet, let; yell, dell /h/ hip, lip; hat, bat
/r/ rot, lot; rip, lip /n/ nug, gun
/f/ fin, tin; fan, van /v/ van, fan; vine, fine
/Ɵ/ thin, tin; thank, tank / ð/ then, den; this, kiss
/s/ sin, tin, sip, zip /z/ zip, sip; zeal, seal
/ʃ/ ship, chip; tip, dip
/m/ men, then, den /n/ nip, ship; chip, pip
/r/ rip, ship, chip, pip /l/ lip, rip, nip, dip, let, yet
/i:/ beat, bit, bet, bat /ɪ/ bit, beat, bet, bat
/Ʊ/ boot, boat, bet, but /e/ bet, bait, bat, but
/ɔ:/ bought, boat, boot, but /˄/ but, boot; boat, nut
/aɪ/ bite, bit, bait, bet /eɪ/ bait, bet, bit, bat
/əƱ/ boat, bet, boot, but /aƱ/ bout, bite, bit, beet
/ɔɪ/ boil, bile, Bill; soil, sail, sell

 Sound Occurring in different positions

/p/pen, span, sample, nip, slipper, hiccough
/b/ban, rib, nimble, rabble, cupboard
/t/ ten, stop, bat, writer, latter, backed, debt
/d/ den, leaden, said, loved, ladder, riddle, dhoti bdellium
/tʃ/ chip, pitch, rich, righteous, nature, Christian, fixture
/dʒ/ judge, gin, region, midget, suggest, sergeant, pigeon, large, change, soldier, adjacent
/k/ cap, kin, quite, crack, locker, seek, frantic, fox, scheme, chorus, mechanic, khaki,
critique, quote, havoc, conquer
/g/ goal, dig, gaggle, guest, plague, ghost
/f/ fan, rifle, if, sniff, rough, photograph
/v/ vain, even, of, serve, give
/Ɵ/ thin, path, athlete
/ð/ then, bathe, brother
/s/ so, pass, city, tense, science, whistle, democracy, receiver, answer, listen, assert, accent,
sward, decent, bus, dance, parcel
/z/ zip, jazz, fuzzy, begs, visor, roses, Peas, exact, please
/ʃ/ shop, sure, fashion, ration, dish, mission, machine, mention,
/ʒ/ measure, decision, azure, regime,
/m/ man, ham, important, mummy, come, crumb, atumn
/n/nap, gnaw, knee, pneumonia, memonic, skinny, sin, sing
/ŋ/singer, finger, sank, sang, anxious, sing, ring
/j/ you, few, fuel, feud, beauty, music, new
/w/ win, whine, queen, language, switch, anguish, one
/h/happy, who, ahead, behavior, behind
/r/ rap, hurry, Mary, rhyme, wring
/l/ lull, little, salt, Lloyd

7
 /i:/meet, meat, mete, deceive, reprieve, key, quay, bailey, people,
/ɪ/ fit, imp, myth, pretty, bid, busy,
/eɪ/ gate, bay, great, rain, vein, eight, gauge, reign, they, straight,
/e/ pet, penance, said, quest, let, bread, friend,
/æ/ pat, half, hat, matter, shatter, ladder
/u:/ do, moo, blue, rude, super, two, shoe
/ʊ/ bull, put, could, wolf, foot, woman, good, cook
/əƱ/ vote, moat so, sow, owe, bolt, control, yolk, wrote
/c:/ caught, bought, fall, stalk, flow, awe, automatic, water
/˄/ sun, putt, does, dove, tough, flood
/ɒ/ hot, bottle, cough, knowledge, sausage, pot, rod
/aɪ/ bite, type, fight, sign, indict, by, dye, tiger, aisle
/aʊ/ now, bought, doubt, loud, down, cow, how, hour, power
/ɔɪ/ boy, boil, soil, coil, join, noise, toil
/ɪə/ hear, pier, beer, weired
/eə/ bare, fair, heir, scarce,
/ʊə/ poor, tour, demure, sure
/ɜ:/ purr, burn, scourge, thirst, earth, work
/ɒ:/ park, heart, fart, dark, banana, farmer, last
 a represented /eɪ/, /æ/, /ə/
sane /seɪn/,
sanity /sænətɪ/,
ability /əbɪlətɪ/,
grass /grɑːs/,
static /stætɪk/
 e, ee, ea as /i:/, /e/,
athlete /æθliːt/,
athletic /æθ'letɪk/
meet /miːt/
breath /breθ/
heart /hɑːt/
 i (also y) as /aɪ/, /ɪ/
rise /raɪz/
decision /dɪsɪʒn/
decide /dɪsaɪd/
 as /əƱ/ /ɒ/ /u:/
goose /guːs/
gosling /gɑzlɪŋ /
bloom /bluːm/
blossom /blɒsəm/
phone /fəʊn/
 ou as /aʊ/
house /haʊs/
abound /əbaʊnd/
 u as
hut /hʌt/
put /pʊt/
but /bʌt/ /bət/
pull /pʊl/

8
 1.2 Stress, Intonation
 Stress is also known as accent.
 Stress is defined as the degree of prominence on a particular syllable.
 In speech, some syllable of English words and sentences sound louder than others. For example, first
syllable of table /'teɪbl/ and second syllable of surprise /sər'praɪz/ or /sə'praɪz/ sound louder than
neighbouring syllables.
 They may have longer vowels and they may be pronounced on a higher accent.
 Primary stress is considered important. Yet secondary stress is also not negligible. Education
/‚edjuː'keɪʃn/ and cultivation /‚kʌltɪ'veɪʃn/ have both types of stress: primary and secondary. First
syllables have secondary stress and third syllables have primary stress.
 Stress occurs both in words and sentences.

1. Syllable Rules

A syllable is a basic unit of written and spoken language. It is a unit consisting of uninterrupted sound
that can be used to make up words. For example, the word hotel has two syllables: ho and tel. These
will be marked here as in ho/tel.

2. Counting Syllables

To find the number of syllables in a word, use the following steps:

1. Count the vowels in the word.
2. Subtract any silent vowels, (like the silent e at the end of a word, or the second vowel when two
vowels are together in a syllable)
3. Subtract one vowel from every diphthong (diphthongs only count as one vowel sound.)
4. The number of vowels sounds left is the same as the number of syllables.

The number of syllables that you hear when you pronounce a word is the same as the number of
vowels sounds heard. For example:

 The word came has 2 vowels, but the e is silent, leaving one vowel sound and one syllable.

9
  The word outside has 4 vowels, but the e is silent and the ou is a diphthong which counts as only
one sound, so this word has only two vowel sounds and therefore, two syllables.

There are six different kinds of syllables in English:

1. Closed Syllables: A closed syllable has one and only one vowel, and it ends in a consonant.
Examples include in, ask, truck, sock, stretch, twelfth, and on.
2. Open Syllables: An open syllable has one and only one vowel, and that vowel occurs at the end
of the syllable. Examples include no, she, I, a, and spry.
3. Silent-E Syllables: A silent-e syllable ends in an e, has one and only one consonant before that e,
and has one and only one vowel before that consonant. Examples include ate, ice, tune, slope,
strobe, and these.
4. Vowel Combination Syllables: A vowel combination syllable has a cluster of two or three vowels
or a vowel-consonant unit with a sound or sounds particular to that unit. Examples include rain,
day, see, veil, pie, piece, noise, toy, cue, and true.
5. Vowel-R Syllables: A vowel-r syllable is one which includes one and only one vowel followed by
an r, or one vowel followed by an r which is followed by a silent e, or a vowel combination followed
by an r. Examples include car, or, care, ire, air, and deer.
6. Consonant-L-E Syllables: In these syllables, a consonant is followed by le. The vowel sound in
these syllables is the schwa sound that occurs before the l. Examples include -ble, -cle, -dle, -fle,
and -gle.

3. Dividing Words Into Syllables

There are four ways to split up a word into its syllables:

1. Divide between two middle consonants.

Split up words that have two middle consonants. For example:

hap/pen, bas/ket, let/ter, sup/per, din/ner, and Den/nis. The only exceptions are the consonant
digraphs. Never split up consonant digraphs as they really represent only one sound. The
exceptions are "th", "sh", "ph", "th", "ch", and "wh".

2. Usually divide before a single middle consonant.

When there is only one syllable, you usually divide in front of it, as in:

"o/pen", "i/tem", "e/vil", and "re/port". The only exceptions are those times when the first
syllable has an obvious short sound, as in "cab/in".

3. Divide before the consonant before an "-le" syllable.

When you have a word that has the old-style spelling in which the "-le" sounds like "-el", divide
before the consonant before the "-le". For example: "a/ble", "fum/ble", "rub/ble" "mum/ble" and
"thi/stle". The only exception to this are "ckle" words like "tick/le".

4. Divide off any compound words, prefixes, suffixes and roots which have vowel sounds.

10
 Split off the parts of compound words like "sports/car" and "house/boat". Divide off prefixes such
at "un/happy", "pre/paid", or "re/write". Also divide off suffixes as in the words "farm/er",
"teach/er", "hope/less" and "care/ful". In the word "stop/ping", the suffix is actually "-ping"
because this word follows the rule that when you add "-ing" to a word with one syllable, you
double the last consonant and add the "-ing".

4. Syllable Patterns

We use animal words to help us remember each pattern.

Pattern Division Key Word Definition

VVCCV VC/CV Rab*bit If a word has two consonants in the middle,
divide between them. When a consonant
digraph stands between two vowels, divide the
syllables before or after the digraph.
VCV V/CV Mu*sic If a word has one consonant between two
VCV VC/V Cam*el vowels, divide the word before or after the
consonant. The V/CV division is the most
common. If the pattern is V/CV the vowel will
most always say its long sound. If the pattern is
VC/V the vowel will say its short sound. Try it
both ways and determine which pronunciation
sounds best.
VCCCV VC/CCV Ham*ster Words with three or more consonants in the
medial position always contain a blend, and
almost always have a closed first syllable.
VCCCCV VC/CCCV Ham*ster Words with four or more consonants in the
medial position always contain a blend, and
almost always have a closed first syllable.
VV V/V Li*on If a word has two or more vowels together that
make two different sounds, divide between the
two vowels.

Remember that the best way to learn syllable stress is by paying attention to the syllable stress
that native speakers use.

Learning by listening is better than trying to follow rules because:

1] there are many rules

2] there are many exceptions to each rule.

There are many exceptions to pronunciation rules in English because over many years English has
borrowed words from other languages resulting in varying spelling patterns and pronunciation.
So remember not to rely on the rules.

11
Rules that are always true:

The stress pattern of word should be learnt along with its spelling, pronunciation and meaning
In every multi-syllable English word, there is one stressed syllable.

Rules that are often true but not always:

1] When a multi-syllable word has a long vowel, usually this is stressed.

'airport 'smoothly
Exceptions include the words ‘colleague’ and ‘suburb’.

2] Stress is usually on the first syllable of 2 syllable nouns, adjectives, and adverb
Nouns:
'table, 'cable, 'carpet, 'blanket, 'captain, 'damage, 'kidney, 'dentist, 'master, 'present,
'package, 'tackle 'pencil, 'apple, 'printer, 'China

Exception:
ad'vice, sur'prise, a'buse, etc

Adjectives:
'able, 'gentle, 'slender, 'eager, 'final, 'humble, 'careful, 'careless, 'open, 'famous, ‘clever,
'clumsy

Adverb:
'humbly, 'gently, 'strangely, 'likely, 'always, 'never, 'neither, 'either etc

3] Stress is usually on the last syllable of 2 syllable verbs.

ob'ject, pre'fer, pro'duce, pro'gress, re'cord, im'port, in'crease, re'view, de'cide, be'gin,
o'bey, etc.

Exceptions include 'answer’, 'borrow.

Nouns/Adjectives Verb
'conduct con'duct
'contract con'tract
'digest di'gest
'import im'port
'increase in'crease
'object ob'ject
'perfect per'fect
'present pre'sent
'process pro'cess
'produce pro'duce
'progress pro'gress
'project pro'ject
'protest pro'test
'record re'cord
'subject sub'ject

12
4] Words with weak prefixes /a, ɪ/ have stress on the root and not on the prefix:
a'bout, a'broad, a'cross, ad'mit, ad'vice, a'head, a'lone, a'long, a'loud, a'mount, a'part,
a'tone, at'tend, ac'count, be'low, be'tween, com'pose, col'lect, cor'rect, de'velop, ex'pect,
oc'cur, pre'fer, re'duce, re'verse, re'view, re'ward, re'write etc

5] Inflectional suffixes (~es, ~ing, ~ed) and derivational suffixes (~age, ~dom, ~en, ~ess, ~ful,
~fly, ~ less, ~let, ~ly ~ment, ~ness, ~or, ~some, ~ward) do not affect the accent.

Inflectional suffixes (Inflection changes the grammatical properties of a word within its
syntactic category. Inflectional suffixes do not change the word class of the word after
inflection.)
~es: 'matches, 'houses, 'judges, 'bridges, 'classes
~ ing: be'gin, be'ginning, 'starting, de'veloping, 'working
~ed: de'veloped, de'manded, im'proved

Derivational suffixes (Derivational suffixes can be divided into two categories: class-
changing derivation and class-maintaining derivation.)

~age: 'bondage, 'marriage

~dom: 'freedom, 'kingdom, 'wisdom, 'martyrdom
~en: 'blacken, 'gladden, 'wooden, 'silken
~ern: 'eastern, 'western, 'northern, 'southern
~ess: 'goddess, 'duchess, 'princess
~ ful: 'careful, 'fruitful, 'joyful, 'helpful, 'hopeful
~fy: 'classify, 'mystify, 'beautify, 'simplify,
~less: 'helpless, 'useless, 'tailless, 'senseless
~let: 'booklet, 'piglet, 'leaflet
~ly: 'badly, 'lovely, 'manly, 'godly, 'lightly, 'humbly
~ ment: ap'pointment, 'punishment, 'judgment, im'provement,
~ness: 'happiness, 'loveliness, 'gentleness, 'darkness
~or: 'conqueror, 'emperor, 'saviour, 'advisor,
~ some: 'fearsome, 'troublesome, 'wholesome, 'quarrelsome
~ ward: 'downward, 'backward, 'forward, 'wayward,
~e/i/ous: 'discourteous, industrious, ambiguous, superfluous
~e/ysis: me'tathesis, an'tithesis, a'nalysis, pa'ralysis

6] Stress is on the penultimate syllable (penultimate means ‘second from end’) for words
with the endings below:

~ic: 'graphic, geo'graphic, a'llergic, e'ccentric, alco'holic

~s/tion: demon'stration, edu'cation, infor'mation, reve'lation, so'lution,
~ious: de'licious, 'glorious, 'conscious, repe'titious, in'fectious

13
7] Stress on ante-penultimate syllable (ante-penultimate means ‘third from end’) for
words with the endings below:

~e/i/uous: dis'courteous, in'dustrious, am'biguous, su'perfluous

~e/ysis: me'tathesis, an'tithesis, pa'ralysis, a'nalysis
~graphy: autobi'ography, ge'ography, te'legraphy, or'thography
~ia: a'mmonia, i'nertia, encyclo'pedia, Cali'fornia, Vir'ginia
~ial: arti'ficial, testi'monial, influ'ential, preju'dicial
~ian: Ca,nadian, phy,sician, I,talian, statis'tician
~ible: con'vertible, di'gestible, in'credible, ir'resistible
~ient: ex'pedient, om'niscient, re'silient
~ify: e'lectrify, per'sonify, in'demnity, ex'emplify, 'amplify
~tude: 'gratitude, 'platitude, 'solitude, so'licitude
~ty: ac'tivity, fa'cility, com'munity, ma'turity, 'rarity
~ium: equi'librium, po'tassium, ge'ranium, 'radium
~logy: a'nalogy, phrase'ology, the'ology, tech'nology,
~omy: appen'dectomy, as'tronomy, e'conomy, lo'botomy
~ual: 'casual, indi'vidual, e'ventual, ef'fectual, 'ritual
~ate: 'adequate, de'generate, de'liberate, 'predicate
~ize: 'emphasize, 'improvise, 'synthesize
~graph: 'autograph, 'paragraph, 'telegraph, 'phonograph
~ist: 'arsonist, 'bigamist, philan'thropist, dialec'tologist
~ous: 'frivolous, 'decorous, ri'diculous, so'licitous, a'nonymous

8] Stress suffixes take primary accent on them

~aire: millio'naire, question'naire
~ ental: fundamental
~ ential: e'ssential, exis'tential
~ esque: gro'tesque
~ ique: phy'sique
~itis: neu'ritis

9] In words ending as following, the stress is antepenultimate (third from end) in words of
three syllable and penultimate (second from end) in word of two syllables:

antepenultimate Penultimate
~ane 'cellophane 'membrane
~ene 'kerosene 'obscene, 'hygiene
~ide 'cyanide 'oxide
~ine 'feminine 'feline, 'turbine
~ite 'erudite 'termite
~oid 'typhoid 'mastoid
~ose 'grandiose ' lactose
~ule molecule 'capsule, 'schedule
~ute 'constitute 'tribute

14
 See these endings in a pattern (variation in suffixes varies the stress pattern):

'auction auctio'neer
a'cademy aca'demic
'remedy re'medial
'Canada Ca'nadian
'ridicule ri'diculous
'active ac'tivity
'personal per'sonify

'equal e'quality 'equalise equali'sation

'final fi'nality 'finalise finali'sation
'neutral neu'trality 'neutralise neutrali'sation

10] Compound nouns usually have the most stress on the stressed syllable of the first word:

'classroom 'post office 'airport 'Chartered Accountant

'legal advice 'business report

11] Phrasal verbs usually have the most stress on the stressed syllable of the second word:

call 'on carry 'on look 'up over 'flow up 'grade

break / 'up

12] Compound adjectives usually have the most stress is on the stressed syllable of the second
word.

bright 'red old 'fashioned well 'dressed

easy 'going light 'green bad 'tempered

13] Homographs.

Homographs are words that are spelled the same yet have different meaning and possibly
different pronunciation. It is important to note that there are a number of homographs
that native speakers vary where they put the stress. For example, some native speakers
say te/le/'vi/sion and others say 'te/le/vi/sion, some say 'con/tro/ver/sy and
con/'tro/ver/sy.

One-syllable word which belong to one of the major word-class, i.e. nouns (way), verbs (ring),
adjective (long), adverbs (off) is stressed.

Major word class are also called open class words. Major word-classes are 'open' in the sense that
new member can easily added. We cannot make complete inventory of all nouns in English.

Four major word classes (lexical words:

1. Nouns: belief, car, library, room, San Francisco, Sarah, session.

2. Main verbs: get, give, obey, prefer, put, say, search, tell, walk, etc.

15
 3. Adjectives: afraid, blue, crazy, happy, large, new, round, steady, etc.
4. Adverbs: completely, hopefully, now, really, steadily, suddenly, very, etc.

The accented syllables of words of more than one syllable of major words-class 'smoothly,
'airport, com'mittee

Unstressed syllables

Words belonging to one of the minor word-class e.g. preposition (to), pronouns (it), articles (the)

Minor word-class (functional words)

Words that belong to the minor word class are also called closed-class words. Minor word-class
are 'closed' in the sense that their membership is limited in number, and they can be listed. A
minor word-class cannot easily be extended by new additions. Minor word-classes (such as
determiners, pronouns, and conjunctions) change relatively little from one period of the language
to another.

1. Auxiliary verbs: can, may, should, used to, will, etc.

2. Determiners: a, all, the, this, these, every, such, etc.
3. Pronouns: anybody, she, some, they, which, who, etc.
4. Prepositions: at, in spite of, of, over, with, without, etc.
5. Conjunctions: although, and, because, that, when, etc.
6. Interjection: ah, oh, ouch, phew, ugh, wow, etc.

Stressed syllables
The unaccented syllables of word of more than one syllable, e.g. 'smoothly, 'airport
com'mittee.

She 'knows the 'doctor.

He was 'sure that the 'back of the 'car had been 'damaged.
He 'bought a 'pair of 'shoes yester'day.
I'll 'see him to'morrow.

Intonation

 Intonation is the rise and fall of the voice in utterances.

 Two major determinants of intonation:
Placement of prominent stress,
Tonic stress in systematic group.

 Tone means the pitch change, which takes place on the nucleus.
 Three most important tone in English:
1 Falling Tone ↓
2 Rising Tone ↑
3 Fall-Rise Tone ↓↑

16
1. Falling Tone
 Certainty, completeness and independence
He is late.↓
I am Ok. ↓
 Ordinary statements without emotion
He is late. ↓
We have a lot of students. ↓
The house is empty. ↓
 Wh-questions
When is he coming? ↓
Why did you do it? ↓
How will he get there? ↓
 Commands (Normal)
Take it. ↓
Do as I do. ↓
Come here. ↓
Go there. ↓
 Exclamation (Normal)
How clever of you! ↓
How boring. ↓
What a stupid name! ↓

2. Rising Tone
 Yes-No Questions
Are you fine? ↑
Will he agree? ↑
Tea? ↑
Dead? ↑
 Statement Questions
You have failed? ↑
You are heading to Patan? ↑
Tea? ↑
Dead? ↑
 Tag Questions
She isn't here, is she? ↑
He has paid, hasn't he? ↑
 Commands and requests
Open it. ↑
Come in. ↑
Do it again. ↑
Don't make noise. ↑
 Exclamations and Greetings
Best of luck. ↑
Good Evening. ↑
Good Morning.↑
 Incomplete utterances
It's six O' clock ↑ (but she's still asleep).

17
 The house hasn't been rented ↑(but several people are asking for it).
Good Morning.↑
 Wh-questions uttered in a friendly manner
How is your father? ↑
Why didn't you come and see me? ↑
What time is it?↑
 Polite requests
Are you busy? No? ↑
Do sit down. ↑
 Farewells
See you.↑

3. Fall-Rise tone (Falling tone - Certainty and rising tone - dependence and imcompleteness)
 Statements with reservation of Speaker
He is ğood. (but i can't help him)
That's not my ↓ writing. ↑ (It must be someone else.)
Do you ↓ like ↑ folk song?
 Incomplete statements
If you ↓ don't ↑ work (I will expel you.)
 Statements intended to be corrected
(He teaches French.) Ĕnglish
 Statements expressing warning
You↓ must do like ↑ this. (I will expel you.)
You can↓ give some ↑ of it to your sister.
 Imperative
↓ Don't get on my nerves.↑
↓ Come as soon as you can.↑
 Assertion of one point in sentence having implication to another point
↓ Most of the time ↑ he stayed at home. ↑

18
1.3 Varieties of English (A Communicative Grammar of English:
Part One)
1. Grammar in Spoken and Written English;
2. Levels of Usage;
3. The 'Common Core';
4. Geographical and National Varieties;
5. Formal and Informal English;
6. Impersonal Style;
7. Polite and Familiar English;
8. Tactful and Tentative Language;
9. Literary, Elevated or Rhetorical Language.

1. Varieties of English

 To use language one has to know the grammatical forms and structures and their meaning.
 S/he has to know the form of language appropriate for given situation. S/he has to find 'variety
labels such as <spoken>, <written>, <AmE>, <BrE>, <formal>, <informal>, <polite>, <familiar>.
 English language is not single language, but many languages, each belonging to a particular
geographical area or to a particular kind of situation.
 English used in formal written communication is different from the English used in informal
conversation. English used in the United States is somewhat different from the English used in
Great Britain, in Australia and so on.
 Many of the features of English found in all or nearly all varieties. General features of this kind
belong to the common core of the language.

Children, offspring and kids.

'Children' is common core term.

'Offspring' is rather formal (also used for animals).
'Kids' is informal or familiar.

It is safest, when in doubt, to use the 'common core' (children).

Feeling tired, she went to bed early. <rather formal>

As she felt tired, she went to bed early. common core
She felt tired, so she went to bed early. <rather informal>

 Common core can be used both in speech and writing.

2. Grammar in spoken and written English

 English, like other languages, uses two channels: speech and writing.
 Speech is transmitted by sound-waves, originated in speaking and received in hearing.

19
 Writing is transmitted by letter and other visible marks produced in writing and received in
reading.
 Good, all round communicative competence involves all four skills:
1. Speaking (production),
2. writing (production),
3. Hearing (reception) and
4. Reading (reception).
 Spoken and written English do not have different grammars but shared English grammar is used
differently on the two channels.
 Normal speech is processed in real time and is transitory, leaving no trade other than what listener
may remember.
 Writing takes longer to produce and can be read not just once but many times.
 Writing leaves a permanent record.
 Writing that is made public in some way such as in printed books and journals, leaves a record,
which can be read by millions of contemporary readers and also by later generation.
 Spoken communication requires fast, almost instantaneous production and understanding.
 Writing has time to revise, check and rewrite.
 A piece of writing can be read, reread, pondered over and discussed.

Informal talks have several features:

Well I had some people to lunch on Sunday and - they turned up half and hour early - (laughs)
- I mean you know what [g] getting up Sunday's like anyway and - I'd - I was behind in any
case - and I'd said to them one o'clock - and I almost phoned them up and said come a bit
later - and then I thought oh they've probably left by now - so I didn't - and - twelve thirty -
now that can't be them - and it was - and they'd they left plenty of time for all their connection
and they got all their connection at once - and it was annoying cos they came with this - child
- you know who was running all over the place and they kept coming in and chatting to me
and I couldn't on with things and I I get really erm - you know when when I am trying to cook-
and people come and chat II get terribly put off- can't get on with things at all erm - and yet
you feel terribly anti-social if you you do just stay in the kitchen anyway.

1. Silent pauses (indicated by a dash -)

they've probably left by now - so I didn't - and - twelve thirty - now that can't be them -
and it was - and

2. Voice-filled pauses (indicated by erm) indicating hesitation:

and I I get really erm - you know when when I am trying to cook

3. Repetitions:

II, when when, they'd they'd, you you

20
4. False start: The speaker may fail to complete a sentence, or lose track of the sentence
and mix up one grammatical construction with other.

- I mean you know what [g] getting up Sunday's like anyway and - I'd - I was behind in
any case.

and I I get really erm - you know when when I am trying to cook- and people come and
chat II get terribly put off

5. Discourse markers: When we speak we often use small words or fixed phrases (like you
know, you see, I mean, kind of, sort of, like, well, now) that indicate our involvement in
the discourse and how we want to continue - or just to signal that we intended to go on
talking.

6. Opening well in the extract is a typical in this use of signalling a new start. Another
example is I mean.

7. Short forms: Such as contraction of the negative not (didn't) and verb forms (I'm, I'd,
They've) and cos for because.

 Spoken language is the mostly widely used form of language. Within spoken language
there are many variations.

1. Conversation with two or more participants taking their turn when talking to each
other, either face-to-face or via some technical device such as a telephone or
computer. It cannot be prepared in advance: conversation is impromptu and
spontaneous. It is private speaking which is interactive.
2. Public speaking, which occurs with one person speaking a time to an audience of
people who do not talk but just listen. It is less interactive or not interactive at all.
Public speaking is intermediate between conversation and writing, in that a speech
can be (and often is) prepared in advance in writing and read aloud to an audience.
Public speaking includes lectures, radio talks and TV news broadcasts.
3.

21
 In conversation, the speaker can check if the listener has understood by asking 'Do you see what
I mean?' and the listener can ask the speaker for clarification: 'What did you mean by that?' This
gives speaking an advantage in providing us with an opportunity for immediate feedback to find
out whether our message has been properly received, or is accepted. This feedback can be verbal
(yes, uhuh, I see, etc) or non verbal (a nod, raised eyebrows, etc).
 In writing, we have no such direct contact between writer and reader and in writing made public
(as in newspapers periodicals and books), we may not even have any idea who will ever read what
we write.
 A conversation is giving and receiving information; it is a form of social interaction and participant
cooperation is a basic feature of conversation. There exists a give-and-take process which
manifests in several ways.
 In a turn-taking (sharing out the role of speaker in the conversation), a young girl tells her friend
about her recent holiday in Spain (dash - indicates silent pause)

[A] but it's so nice and relaxed down there I mean compared with London - I mean I I I I - I found
myself - going into shops and people smiled at you and - I - I was quite take aback genuinely I
mean I
[B] m m
[A] erm you know the feeling you you you you you.
[B] yes one ask oneself if you putting on this deadpan face you know
[A] yes
[B] yes
[A] and these people smile and you - well you dont know how to react at first because it's so
strange.
[B] yes I felt that in Scotland - yes (laughs)

(deadpan-deliberately impressive)

22
  A smooth conversation is characterized by a general atmosphere of cooperation and
harmony. Little expression such as 'you know' and 'I mean' appear for understanding and
sympathy and 'yes' and 'm m' express interest and support the speaker.
 Multiple repetitions, such as 'I I I I' and 'you you you you' signal the girl's excitement as she
tries to keep the conversation 'floor' and tell her story.
 Cooperation is largely achieved by using discourse markers (interactional signals, discourse
particles, backchannels and inserts)

8. Interactive:

oh, aha, gosh hm, mam, oh, uhuh, yes, heah, yup.

I see, I mean, I think, no, please, OK, that's Ok, right, all right, that's right, that's all right, well,
sure, you know, you see

absolutely, actually, anyway, certainly, honestly, indeed, in fact, maybe, obviously, of course,
perhaps, probably, really.

 Most of these expressions are commonly used in conservations among native speakers and it is
therefore important for the foreign learner to be familiar with them and be familiar with them
and be able to use them quickly and appropriately in different situation.

Some grammatical features of spoken English

1. Tag questions:

There are two main types:

Positive + negative: We've met before, haven't we?

Negative + Positive: We haven't met before, have we?

Tag question are shortened yes-no question and consist of operator plus pronoun, with negative
(haven't we)or without negative (have we). The choice of operator depends on the preceding verb
phrase. The pronoun repeats or refers back to the subject of the statement.

Tom is younger than you, isn't he?

She had a rest, didn't she?
That would be difficult, wouldn't it?

Tag question fit in nicely with the need for cooperation between speakers and the feature of turn
shift from one speaker to another.

[A] We've met before, haven't we?

[B] Yes, we certainly have. It was a couple of years ago, wasn't it?
[A] Oh yes, now I remember: at the Paris exhibition. How are you these days?

2. Ellipsis

23
 In some case, part of a sentence can be omitted, for example:

Hope you're well. - I hope you're well.

Want a drink? - Do you want a drink?
Better be careful. - You/We'd better be careful.
Sounds fine to me. - That sounds fine to me.

This type of omission, which is called initial ellipsis is another characteristic of informal talk.

3. Coordination and subordination

Coordination can occur between different grammatical units: clauses, clause element, words. In
coordination equivalent unit are linked by 'and', 'or' or 'but'.

Coordination of clause:

I am selling my car and buying a new one.

It's November and there isn't a single tourist in sight.
Do you want me to send the report to you or (do you want me) to keep it?
Oscar is away for a couple of days, but (he) will be back on Monday.

When the subject of the two clauses refer to same person or thing the second subject is normally
omitted, as it is the last example. If the clause have auxiliary verbs, they are also generally omitted:

Laura may have received the letter but (she may have) forgotten to reply.

Coordination of clauses is a characteristic of speech:

Hurt yourself? Okay, just rub it a little bit and then it will be okay.

The 'and' here expresses a condition equivalent to 'if' in a sub-clause.

If you just rub it... it will be okay.

If clauses are generally more common in conversation than in written language.

Yeah but if you talk to Katie and Heather you will get different story.

Another type of sub-clause more common conversation is that-clause, specially where that itself
is omitted (zero that).

I don't think you can do that.

I suppose I do.
I said you can have anything on the table, okay?

Coordinator (but in case stated earlier) occurs at the beginning of a sentence or turn, and link to
something in previous turn. This is characteristics of spoken language:

24
 A: Horses loves carrots yeah...
B: And horses love apple too.

However here and came at the beginning of the sentence and turn. This is very different from
serious written language, where the use of coordinator at the beginning of a sentence is often
regarded as 'bad grammar' and is usually avoided. The coordinator in this typical of speech, it
would be normal.

4. Finite clauses

In written English, we often use non-finite and verbless clauses as adverbial and modifiers:

When fit, a Labrador is an excellent retriever. <rather formal, written>

Such construction are unlikely in <informal speech> where finite clauses are preferred as in:

A Labrador is an excellent retriever if it's fit.

If a Labrador is fit, it makes an excellent retriever.

Verbless clause contain no verb element and often no subject:

Dozens of tourists were stranded, many of them children.

A sleeping bag under each arm, they trampled off on their vacation.

Verbless clauses are regarded clauses because they function like finite and non-finite clause, and
they can be analysed in terms of one or more clause elements. We can usually assume that a form
of the verb be or some other verb has been omitted.

'many of the tourist were children'

'they had a sleeping bag under each arm'

There are two kinds of verb phrase: finite and non-finite. The finite verb is the element of verb
phrase which has present or past tense.

Finite verb phrases:

Con works in a laboratory.

She's working for a degree in physics.
She'll be working with overseas students.

Non-finite verb phrases:

I actually like to get up early in the morning.

Liz heard the door open.
When asked to help she never refused.

Lunch finished, the guests retired to the lounge. <rather formal, written>

25
 They all went into the lounge after lunch. <more informal, spoken>

Ben knowing that his wife was expecting started to take a course on baby care <rather formal,
written>

Ben, got to know his was expecting, so he started to take a course on baby care. <informal,
spoken>

Discovered almost by accident, this substance has revolutionized medicine. <rather formal,
written>

This stuff - it was discovered almost by accident - it's made a really big impact or medicine
<informal spoken>

5. Signposts.
The grammar of spoken sentences is, in general simpler and less strictly constructed than
grammar of written sentences. In <writing> we often indicate the structure of paragraphs by such
signposts or linking signals.

firstly, secondly, finally, hence, to conclude, to summarize e.g., viz.

Such expression would not be used in informal talk where they would sound rather stilted
(artificial) and give the impression of a prepared talk. In a <spontaneous talk> we are more likely
to introduce new points by such expression.

the first thing, and so, in other words, all the same.

6. Contracted forms

When the auxiliary verbs 'do', 'have', 'be' and some modal auxiliaries 'shall', 'can' (a verb inflection
expressing how the action or state is conceived by the speaker) occur together with not can have
either uncontracted or contracted forms.

do not - don't does not - doesn't did not - didn't

have not - haven't has not - hasn't had not - hadn't
are not - aren't is not - isn't could not - couldn't
were not - weren't was not - wasn't should not - shouldn't

Uncontracted forms are typical <written especially formal> English. The contracted forms are
typical of <spoken> discourse, but they also occur in <informal writing>. In some cases, there is
more than one contracted form available.

I have not seen the film yet. <typical of writing>

I haven't seen the film. <typical speaking>
I've not seen the film yet. <also possible in speaking>

7. Spelling v. pronunciation

26
 In <writing> we have to observe a number of spelling changes, when we add a suffix to a word, or
example

replacing one letter by two e.g. when adding -s:

they carry But: she carries

a lady But: several ladies

replacing two letters by one e.g. when adding -ing

they lie But: they are lying

adding letters, e.g. when adding -s or -er

one box But: two boxes

they pass But: she passes
a big spender But: bigger spenders, the biggest spenders

dropping letters, e.g. when adding -ing or -ed.

The reason why written English has spelling rules to indicate the correct pronunciation of the
inflection form with suffixes.

hope /hoƱp/ hoping /'hoƱpiŋ/ hoped /hoƱpt/

hop /hɒp/ hopping /'hɒpiŋ/ hopped /hɒpt/

There are some spelling difference between British and American English:
centre ǁ center, levelled ǁ leveled.

There are some differences in pronunciation, too, but these are independent of spelling
differences

/'kᴧlə ǁ 'kᴧlər / for colour ǁ color.

In nouns with regular plural, the written distinction between the genitive (possessive) plural
(boys') and genitive singular (boy's), and also the common gender plural (boys) does not exit in
the pronunciation /bɒɪz/.

8. Written representation of speech

In some writing representation English, for example comic strips and popular fiction, we can meet
the form of got to or even gotta, pronounced /gɒtə/, corresponding to <standard> have got to.

You 'gotta' be careful with what you say. <non-standard in writing>

you've got to be careful with what you say. <standard writing>

Similarly, 'gonna' pronounced /gɒnə/ is sometimes the written form for <standard written (be)
going to, as in

27
 What (are) you gonna do now? <non-standard in writing>
What are you going to do now? <standard in writing>

These non-standard written representations of the spoken form reflect a typical phonetic
reduction of vowels and omission of constants in everyday speech. However, the written language
rarely capture these simplification.

They could have gone early.

'could have' is commonly pronounced /'kƱdə/, but even in representations of the most causal
speech, the non-standard written form coudda rarely occurs.

9. Punctuation v. chunking

We become familiar with the structure of written language through normal education, but the
way spoken language in structures is more difficult to observe and to study. In writing, we work
with sentences. But it is often hard to divide a spoken conversation into separate sentences. Part
of the reason that the speaker rely more on the hearer's understanding of context and on their
ability to interrupt, if they fail to understand. In getting across their message, speakers are able
to rely on features of the intonation, which tell us a great deal that cannot be rendered in written.

Punctuation in Writing: The written sentence is easily recognizable, since it begins with a capital
letter and ends with certain punctuation marks (. ? !). Within the sentence we can indicate clause
and phrase boundaries by commas (,) dashes (-), colons (:), semi-colons (;).

Chunking in speaking: Punctuation Marks cannot be pronounced or heard but, in speaking, we

use other devices to indicate what belongs together in an utterance. A piece of spoken
information is packaged in tone units. They are usually shorter that a sentence averaging about
4-5 words, and have a separate intonation contour (border). The most heavily accented word in
a tone unit contains a focal point called nucleus.

10. Sentence adverbials (such as evidently, naturally, obviously) are often separated from what
follows by a tone unit boundary in speech (indicated by vertical bar '|' in spoken or a comma in
written presentation.

|Obviously | they expected us to be on time | <spoken>

Obviously, they expected us to be on time. <written>

11. Non-restrictive apposition (A grammatical relation between a word and a noun phrase that
follows) is usually set off by a separate tone unit in speaking and by commas in writing:

| Dr Johnson | a neighour of ours | is moving to Canada | <spoken>

Dr Johnson, a neighbour of ours, is moving to Canada. <written>

A restrictive appositive provides information essential to identifying the phrase in apposition. It

limits or clarifies that phrase in some crucial way, and the meaning of the sentence would change
if the appositive were removed. In English, restrictive appositives are not set off by commas. The

28
 sentences below use restrictive appositives. Here and elsewhere in this section, the relevant
phrases are marked as the appositive phrase or the phrase in apposition.
My friend Alice Smith likes jelly beans. - I have many friends, but I am restricting my statement to
the one named Alice Smith.
He likes the television show The Simpsons. - There are many television shows, and he likes that
particular one.
A non-restrictive appositive provides information not critical to identifying the phrase in
apposition. It provides non-essential information, and the essential meaning of the sentence
would not change if the appositive were removed. In English, non-restrictive appositives are
typically set off by commas. The sentences below use non-restrictive appositives.
Alice Smith, my friend, likes jelly beans. - The fact that Alice is my friend was not necessary to
identify her.
I visited Canada, a beautiful country. - The appositive is not needed to identify Canada.
The first to arrive at the house, she unlocked the front door.
The same phrase can be a restrictive appositive in one context and a non-restrictive appositive in
another:
My brother Nathan is here. - Restrictive: I have many brothers, and the one named Nathan is here.
My brother, Nathan, is here. - Non-restrictive: I have only one brother and, as an aside, his name
is Nathan.

12. Comment clauses are often marked off from other clauses, by having separate tone unit in speech
and commas in writing:

What's more | we'd lost all we had | <spoken>

Moreover, we had lost all we had. <written>

A comment clause is a short word group (such as "you see" and "I think") that adds a parenthetical
remark to another word group. Also called a comment tag, a commenting tag, and a parenthesis.
(I'm sure, I'm afraid, I admit, I gather, I dare say and you see, you know, mind you, you must
admit.)

Geographical and national varieties

 English is spoken as a first language by almost four hundred million people: in the United
States of America, Great Britain, Canada, Australia, New Zealand, Ireland, the Caribbean and
other places.
 There is a great abundance of English dialectal variation through the world.
 In grammar in standard varieties of English, the differences are small.
 The grammatical differences between American English <AmE> and British English <BrE> (in
comparison differences in pronunciation and vocabulary) are not very great, and are almost
negligible in <formal written> usage.

Level of uses formal and informal English <formal>, <informal>

Formal Language is the type of language used publicly for some serious purpose, for example, in
official reports, business, letters, regulation, and academic writing.
Formal English is always <written>, but exceptionally it is used in <speech> (public speech).

29
 The approach is remarkably interdisciplinary. Behind its innovation is the author's
fundamental proposal that creativity of language derives from multiple parallel
generative system linked by interface component.

Informal language (also called as colloquial) is the language of ordinary conservation, of personal
letters and of private interaction in general.

[A] So Larry did you manage to get any sleep beside Michelle's crying?
[B] I didn't hear a thing.
[A] Really.
[B] Yeah.

Spoken Language like this typical informal, but informal English is now used more and more also
in written communication of a popular kind, for example in newspaper, magazines,
advertisements and popular fiction.

The difference between <formal> and informal usage is best seen as a scale, rather than as a
simple 'yes or no' distinction.

There are many friends to whom one would hesitate to entrust one's own children. <formal>

 Use of 'there are' (unlike the less formal there's) maintains the plural concord with 'many
friends' as subject.
 Use of 'many friends' itself, rather than the more informal 'a lot of friends' or 'lots of friend'.
 Use of the initial preposition to introduction a relative clause (to whom), rather than a
construction with final preposition 'who(m)... to'.
 (Compare, for example, the formal 'the firm for which she works' with the informal 'the firm
she works for'.)
 Related to the preceding feature is the use of whom, which is itself a rather pronoun
compared with who - for example, in 'Whom did they meet?' with 'Who did they meet?'
 Use of the general personal pronoun 'one', rather than more informal use of generic 'you'.

There's lots of friends who you would hesitate to entrust your own children to.
There's lots of friend you'd never trust your own children.
There's lots of friend of you'd never trust with your own kids.
There are lots of friends you would never trust your own children.
There are many friends you would never trust with your own children.
There are lots of friends you would never trust with you own children.
There's lots of friend you'd never trust with your own kids.

However, it is difficult to be precise about degree of formality and informality, so that we often
have to be content with relative phrases such as <rather informal> or <rather formal>.

To whom I am speaking?
Who am I speaking to?

30
Formality of vocabulary and grammar

Much of vocabulary of formal English is of French, Latin or Greek origin. In contrast informal
language is characterized by vocabulary of Anglo-Saxon.

<formal > <less formal>

aid help
commence begin
conceal hide
continue keep on
conclude end

Many phrasal and prepositional verbs belong informal English

<formal> <Informal>
delete cross off
encounter come across
enter go in(to)
investigate look into
surrender give in
renovate do up

Impersonal Style <impersonal>

Formal written language often goes with impersonal style.

Avoiding I, you and we.
Use of passive voice.

Impersonal
Announcement from the librarian
It has been noted with concerned that the stock of books in the library has been declining.
Students are asked to remind themselves of the rules for borrowing and return of books, and to
bear in mind the needs of other users. Penalties for overdue books in the future will be strictly
enforced.

Informal and less impersonal

Bring those books back!

Books in the library have been disappearing. Please make sure you know the rules for borrowing
and don't forget that the library is for everyone's convenience. From now on, we're going to
enforce the rules strictly. You have been warned.

Polite and Familiar language <polite>, <familiar>

Polite language behaviour is most observable in such speech acts as requesting, advising and
offering.

31
Shut the door, will you? <familiar>
Would you please shut the door? <rather polite> (please with indirectness)
I wonder if you would mind shutting the door. <more polite>

Tactful and tentative language <tactful>, <tentative>

To be tactful is to avoid causing offence of distress to another person. Sometimes tact means
disguising or covering up the truth.

You'd better put off the meeting until tomorrow. <informal, familiar>
Look - why don't you postpone the meeting until tomorrow? <informal>
May I suggest you postpone the meeting until tomorrow? <tactful, tentative>
Don't you think it might be a good idea to postpone the meeting until tomorrow? <more tactful,
more tentative>

'Might just' is a more tentative way of expressing possibility than may:

Someone may have made the mistake.

Someone might just have made a mistake. <more tentative>

Literary, elevated or rhetorical language <literary>, <elevated>, <

rhetorical>
George W. Bush

Our nation - this generation - will lift a dark threat of violence from our people and our future. We
will rally the world to this cause by our efforts, by our courage. We will not tire, we will not falter,
and we will not fail.

Winston Churchill

We shall not flag or fail...We shall fight on the beaches...We shall fight on the landing ground...we
shall never surrender.

Level of usage: A map of variety labels

It is better to think in terms of three pairs of contrasting values.

32
 Questions
Model Question
Write out the phonetic transcriptions of the following words (any five):
heart, done, know, plaintiff, court, fake, affidavit
/hɑrt / /hɑːt/, /dʌn/, /nəʊ/, /pleɪntɪf/,/ kɔːt /, /feɪk/, /æfɪdeɪvɪt/

2073
Transcribe the following words using phonetic symbols:
go, what, court, jury, trial, barrister, lawyer, match (any four)
/ gəʊ/, /hwɒt/ /wɒt/, / kɔːt /, /treɪl/, /bærɪstə/, /lɔjə/, /mætʃ/

academic, council, meet, tomorrow, ring, way, airport, today

/ækədemɪk/, /kaʊnsl/, /mi:t/, /tə'mɑrəʊ/, /rɪŋ/, /weɪ/, /eəpɔt/, /tədeɪ/

Put stress-mark before the stressed syllables:

1. The academic council will meet tomorrow.
2. I can ring you on the way to the airport today.

The aca'demic 'council will 'meet to'morrow.

I can 'ring you on the 'way to the 'airport to'day.

What do you mean by discourse makers? Give suitable example of them.

Mention the types of English given below:

1. He's just different than everybody else.
2. I'll see you later.
3. Feeling tired, he went to bed early.
4. Would you please help me?

33
 Unit 2: Grammar in Use: Section A and B: Concepts (8 hrs)

2.1 Nouns
2.2 Articles (A Communicative Grammar of English, Learner's Authentic English
Grammar)
2.3 Tenses
2.4 Condition and Contrast
2.5 Statements, Questions and Responses
2.6 Denial and Affirmation
2.7 Agreement and Disagreement
2.8 Degrees of Likelihood
2.9 Attitudes to Truth
2.10 A communicative Grammar of English

34
 Grammar in Use: Section A and B: Concepts (8 hrs)

 Traditionally words in English have been classified under the phrase called parts of speech.
 They are nouns, pronouns, adjectives, prepositions, verbs, adverbs, conjunctions and introjections.
 Modern grammarians describe them as word-class which falls into two categories: open class and
close class.
2.1 Nouns

 Traditionally, grammarians have defined nouns as naming words or the name of person,
animals, place or things.
 Modern grammarians tend to describe the function of a word and define its meaning.
Professor Shreedhar Lohani lives at Maitidevi.
He is professor of English at TU.
A cow gives milk.
 Classification of nouns:
a. Proper or Common
BP Koirala was the first elected Prime Minister of Nepal. (Proper nouns)
The boy has a book. (Common).
b. Concrete or abstract
books, pens, potatoes, water, chocolate, sugar, tables (concrete, that can be touched)
honesty, beauty, advice, truth music, theology (abstract - ideas or concept)
c. Countable or uncountable
two books, three dogs, many goats, several pens (countable nouns)
stone, brick, iron, wood (uncountable-solid)
water, milk, oil, wine, beer (uncountable - liquid)
smoke, air (uncountable - gas)
d. Singular or plural
Singular Plural
a book two/many books
one book a couple of books
a single book a lot of books
Section A: Concept

 Through noun and noun phrases, grammar organizes the objects.

 Concrete noun - physical object and substance.
 object - things, animal, people, etc.

35
Count and mass concrete noun

Singular and plural: one and many

Count nouns - nouns that can be counted

Singular - one object - one star
Plural - more than one object - two stars

One daughter - two daughters

a fast train -fast trains
this problem - these problems

Many nouns do not have plural number. They include mass nouns (non count nouns or
uncountables) and proper nouns (also call names)

Rules for s, es
1. 's' after nouns ending in consonant ~ok, ~es: book-books, house- houses, dog-dogs
2. 'es' after nouns ending with ~ch, ~sh, ~x, ~o, ~s
bench-benches, bush-bushes, box-boxes
3. 'ies' after nouns ending with ~y following consonant
city-cities, country-countries, baby-babies
4. 's' after nouns ending with ~y following a vowel
boy-boys, monkey-monkeys
5. 's' after nouns ending with double vowels
bamboo-bamboos, zoo-zoos, fee, fees
6. 'ves' after nouns ending with ~f or ~fe
calf-calves, thief-thieves, wife-wives, knife-knives (exception: belief-beliefs, roof-roofs, chief-
chiefs)
7. Irregular form (man-men, tooth-teeth, mouse-mice, louse-lice, child-children, ox-oxen)
8. Foreign derivative
alumnus-alumni, locus, loci, stimulus-stimuli

Mass nouns: milk, sand, etc.

Mass nouns (sometimes called 'non-count' or 'uncountable'. They are typically referred to
substances,

36
solid: e.g. butter, wood, rock, iron, glass
liquid e.g. oil, water, milk, blood, ink
gas e.g. smoke, air, butane, steam, oxygen

Mass nouns are always singular: it makes no sense to count the quantity of a mass substance
which cannot be divided into separate objects.

There is no milk in the refrigerator.

We had two cartons of milk to cook with.

Some mass nouns we might argue should 'really ' be count, because the substance consists of
separate things: furniture consists of pieces of furniture, grass of separate blades or grass, hair of
separate stands of hair (or hairs) wheat of separate grains of wheat. But psychologically we think
of such things indivisible when we use a mass nouns.

On mass nouns which can be converted into count (two coffees, please.)

Mass nouns such as the following are singular only:

advertising, advice, applause, cash, evidence, food, furniture, garbage, homework, hospitality,
information, knowledge, luggage, machinery, money, music, pollution, refuse (discarded food),
rubbish, traffic, trash, waste, weather.

Our advertising is mainly concentrated on the large national news papers.

People who distrust credit cards say 'Cash is King'.
There is hardly any evidence against her.
Our city is known for its fine food, good music and colourful hospitability.
This information is of course confidential.
Is this your money? - No, it's my sister's.

Proper nouns such as Margaret, Stratford, Mars, the Mississippi, Broadway are also singular only.

The Mississippi River is 2,350 miles from mouth to source.

For some Exceptions - The Wilsons (the Wilson family), the West Indies.

Singular nouns ending in -s

 News is always singular:

That's good news.

 Subject names in ics are singular

37
 Classics, (classic languages'), linguistics, mathematics, phonetics, statistics

Statistics is not as difficult as some people think.

Statistics for figures is plural.

The official statistics show that 6 per cent of the population are unemployed.

 Names of games ending in -s

billiards, darts, dominoes, fives, ninepins

Billiards is my favourite game.

 Proper nouns ending in -s are singular.

Algiers, Athens, Brussels, Flanders, Marseilles, Naples, Wales, The unites Nations (the UN), and
the Unites states of America (the USA)

The United States has appointed a new ambassador to Japan.

 The names of some disease ending in -s

measles, German measles, mumps, rickets, shingles, AIDS (acquired immune deficiency
syndrome)

AIDS is an illness which destroys the natural system of protection that the body has acquired
against disease.

Plural-only nouns

 People as the plural of person:

There are too many people here.

But people has plural people when it is a group noun, in sense of men and women of particular
country and race.
The peoples of Central Asia speak many different language.
The country has been settled by peoples of many heritages.
 Police:

The police have dropped the case.

Several police were injured.

38
 But a member of the police force = policeman, police officer.

Why don't you ask a policeman?

 Cattle:

Holstein cattle aren't a beef breed and they are rarely seen on a ranch.

Some nouns denoting tools or instrument consisting of two equal parts joined together are
treated as plural.

Have you seen my scissors?

To express one or more items of such nouns can use a pair of, two pairs of:

I'd like a pair of scissors, please.

Other nouns that behave like scissors: binoculars, glasses, pincers, pliers, tongs, scales, sheers,
tweezers.

Nouns of articles of dress consisting of two parts are also treated as plurals

Where are my trousers?

Such plural nouns can be turned into ordinary count nouns by means 'a pair of' or 'pairs of'

I need to by a new pair of trousers.

How many pairs of blue jeans do you have?
Other nouns that behave like trousers are: briefs, jeans, pants, pajamas <AmE>, pyjamas <BrE),
shorts, slacks, trunks

My pants were soaking wet.

Some nouns which in a given sense only occur in the plural.

Contents: The contents of this 195-page document are not known to many.

Singular content denotes what is contained by a text or by a particular substance.

The content of a text frequently influences it style.

The average nickel content of the alloy is about 2.5 per cent.

Arms (weapons): Arms were distributed widely among the civilian population.
Ashes: After the fire, many a ranch-house lay as a square of blackened ashes. (But cigarette ash)

39
Funds (money): Our funds are too scarce to permit this plan. (but a fund = 'a source of money :
the family setup a fund for medical research).
Oats: The oats were sown early this year. (but corn, barley are singular)
Odds: the odds are not very strongly in favour of tax cut.
Outskirts: They met in a place on the outskirts of the city.
Premises (building) The butler discovered the residential premises were on fire.
Quarters, headquarters: the proposal aroused violent opposition in some quarters. (but third
quarter of the year - three-month period)
Spirits (mood): She got home in high spirits, relaxed and smiling. (but - These people have retained
their pioneering spirit.)
Stairs: She was about to mount a side flight of marble stairs.
Steps: They stood on the steps of the ambassador's home.
Thanks: My warmest thanks are due to your organization.

A vote of thanks was proposed to the retiring manager. And now let's give a big thank-you to our
hostess.

Groups of Objects / Group Nouns

a group/number of stars
a small/large group of stars

Nouns like group, set and class refer to a set of objects and they are called Group nouns

one group of stars three groups of stars

a set of tools two sets of tools
a class of insects several classes of insects.

Special groups of nouns used for certain kinds of objects

an army [of soldiers] a crew [of sailors]

a crowd of people a gang of thieves, youths, etc.
a herd of cattle a pack of cards
a flock of sheep a constellation of stars
a bunch of flowers a series of games

Special group of people having special relationships:

40
tribe, family, committee, club, audience, government, administration, team.

Singular: when treating the group as a single thing.

Plural: when treating the group as a collection of individual.

The audience is/are enjoying the show.

The government has lost sight of its stated aims.
The government have lost sight of their stated aim.

Concord

Grammatical Concord

Grammatical concord means that certain grammatical items agree with each other. Concord is
therefore also called agreement.
There two types of concord:
1. Concord of number - singular - the film is
- plural - the films are
2. Concord of person 1st person I am
we are
2nd person you are
3rd person s/he is
it is
they are
Concord of number

Subject-verb concord

With all verbs except be the question of number concord arises only in the present tense.

He / She / our friend knows -

I / you / we/ they / they / our friends know

Modal auxiliaries
(must, can, will etc.)

I / we / you / he / she / our friend / our friends will cook dinner today.

In the past tense, there is no concord variation

She knew
They knew

Be has eight different forms

41
 positive uncontracted contracted
negative negative
base be
Present 1st person singular am, 'm am not, 'm not (aren't, ain't)
3rd person singular is, 's is not, 's not isn't
2nd person singular and
all are, 're are not, 're not aren't
person plural
Past 1st and 3rd person singular was was not wasn't
2nd person singular and
plural, 1 st and 3rd
person plural were were not weren't

ing form being not being

ed participle been

 In negative questions 'aren't I?' as in 'I'm right, aren't I?' is widely used in <BrE>, but it is felt to
be somewhat affected in <AmE>.
 In negative sentences there is no generally acceptable contracted form for am not.
 'Ain't' is a <non-standard> but frequently used construction especially in natural <AmE>
conversation, as in 'Things ain't what they used to be.
 As well as serving as contracted 'are not' 'ain't' is used also for am not, is not (Ain't is the truth),
has not have not (You ain't seen nothing yet). These are <very informal> <AmE>
 The main verb be may have do-construction in persuasive imperative sentence. 'Do be quiet!'
is more persuasive or emphatic than be quiet. The demonstration is also required negative
imperative. 'Don't be awkward!'

Pronoun Concord

She lost her life

They lost their lives.

Notional Concord: The government is/are agreed.

Sometimes singular form of certain noun, such as family can be treated as plural:

A new family have moved in across the street

42
This is called notional concord, since the verb (are) agrees with the idea of plural in group noun
(family) rather than the actual singular form of the noun. But it also possible to treat a group noun
like family as singular. Plural concord is more characteristic of <BrE> than of <AmE>.

A new family has moved in across street.

This is called grammatical concord because the basic grammatical rules says

Singular subject + singular verb and plural subject + plural verb

Other group nouns which allow either singular or plural concord are (decision making bodies):

association, audience, board, commission, committee, company, council, crew, department,

government, jury, party, public, staff.

The audience was generous with its cheers and applause and flowers.
The audience were clearly delighted with the performance.
A committee has been set up so that in the future it will discuss such topics in advance.
The committee believe it is essential that their proposal should be adopted as soon as possible.
We have a market where the majority consistently wins when minority loses.
The majority of population are Scandinavian descent.
The government has recognized its dilemma and is beginning to devise better school education.
The government want to keep the plan to themselves.
Not even the New York public has enough money to meet its needs.
The public are thinking of planning their forthcoming annual holiday.

Arsenal win 3 - 1. <BrE>

The New York Gaints win again. <AmE>

Attraction or proximity: A large number of people disagree.

The concord rule, singular subject + singular verb and plural subject + plural verb is something
influenced by attraction. Verb tends to agree with a noun or pronoun that closely precedes it,
instead of the headword of the subject:

A large number of people have asked her to stand for reelection.

A variety of analytic methods have been used.

The grammatical heads of the noun phrases (number and variety) are both singular, and one
would expect the verb form has. But the plural noun (people and method) in the of-phrase
modifying the head influences the form of the nearby verb.

Concord with coordinated subjects: Law and order is an election issue

43
When subject consists of two or more noun phrases coordinated by and, the verb is typically in
plural:

Monday and Tuesday are very busy for me.

But sometimes the verb is singular:

Law and order is consider important in this election.

instead of

Law and order are considered important in this election.

Here law and order are taken as a single issue.

A singular verb is also used when coordinated noun phrases refer to the some person or thing.

At the party my colleague and long-time friend, Charles Bedford was the guest of honour.

or, either...or

When two noun phrases are joined by 'or' or 'either...or', the general rule is that the number of
verb is determined by the number of last noun phrase (this is factor of attraction or proximity).

Either the workers or the director is to blame for the disruption.

Either the director or workers are to blame for the disruption.

To avoid such sentences one can use modal auxiliary verb:

Either the workers or the director must be blamed for disruption.

Concord with indefinite expression of amount: None of them is/are here.

Indefinite expression of amount, especially any, no and none often cause concord
problems.

No person of that name lives here. [singular count + singular verb]

No people of that name live here. [plural count + plural verb]
So far no money has been spent on repairs. [mass noun + singular verb]
I have ordered cement, but none (of it) has yet arrived. [mass noun + singular verb].

With none of + a plural noun phrase both a singular and a plural verb occur:

None of us wants/want to be killed young.

44
With 'none of', grammatical concord insists that none is singular, but notional concord invites a
plural verb. A singular verb is typical of <written, formal> style, whereas a plural verb is the more
natural choice in <spoken, informal> English. In conversation a plural verb is more natural choice.

None of her boys have been successful in the world.

None of the people there were any more competent than we are.
None of my colleague have said anything about it.

The same rule also applies to neither and either.

I sent cards to Avis and Margery but neither of them has/have replied.
In fact, I doubt if either of them is/are coming.

The plural pronoun they is often used in <informal> style as a replacement of pronouns ending in
-body and -one:

Everyone thinks they have the answer to the current problems.

Has anybody brought their camera?
Anybody with any sense would have read the play in translation, wouldn't they?

In traditional <formal> English, the tendency has been to use he when he sex is not stated:

Everyone thinks he has the answer.

Increasingly, writers who want to avoid male domination in language use to replace 'he' with 'he
or she' or with s/he in such case. Nowadays the use of they is becoming more current in <written>
English.

Everyone thinks they have the answer.

Part and whole: part of the cake or a piece of cake.

Part nouns: part, half, a quarter, two thirds.

Unit nouns: piece, slice.

Division of objects and substances

45
As with single object masses can be subdivided by use of nouns like part:

Part of butter has melted.

There are many countable unit nouns, which can be subdivided notionally from a mass into
separate 'pieces'. Piece and bit <informal> are general purpose unit nouns.

a piece of bread a piece of paper a piece of land

a bit of food a bit of paint a bit of air

There are unit nouns which typically go with particular mass nouns:

a blade of grass a sheet of paper

a block of ice a speck of dust
a pile of rubbish a bar of chocolate
two lumps of sugar a length of new rope
several cups of coffee a fresh load of hay

as with part nouns, unit nouns are linked to the other nouns by of sometimes the word for a
container (cup, bottle, etc) is used as unit noun, as in 'a cup of tea', 'a bottle of wine'.

Noun of measure:

Another way to divide a mass into separate piece is to measure it off into length, weight, etc.

Depth: a foot of water Area: an acre of land

Length: a yard of cloth a hectare of rough ground
20 meters of rope 12 square miles of woodland
Weight: an ounce of low fat spread
a pint of beer
a kilo of flour
a litre ǁ liter of milk

Species noun: a type of

Division: 'type, kind, sort, species, class, variety' can divide a mass or a set of objects.

Teak is a type of wood.

A ford is a make of car. (a Japanese make of car, a delicious kind of bread)
A tiger is species of mammal.

Plural: These kind of dogs are easy to train

Singular: This kind of dog is easy to train

46
Nouns which can be both count and mass

Wood
We went for a walk in the woods. (count - jungle, forest)
In America, a lot of the houses are made of wood. (mass)

'Whole' state and 'mass'

There was a huge cake in the dining room.

'Let them eat cake', said the queen.

She began peeling potatoes.

She took a mouthful of potato.

Do we have enough food for the weekend?

Some of the tastiest foods are pretty indigestible.

I'd like a boiled egg for my breakfast.

I'd prefer some scrambled egg on toast, please.

Count Mass
Do you have a fresh loaf? Do you have some fresh bread?
Would you like a meal? Would you like some more food?
She's looking for a new job. She's looking for some interesting work.
There are too many vehicles on the road. There is too much traffic on the road.

Two more coffees, please. (= cups of coffee)

Current London auctions deal with teas from 25 countries. (kind of tea)

measurement
a few square metres ǁ meters of floor, a mile of river.

Concrete and abstract

Abstract nouns refer to qualities (difficulty), events (arrival), feeling (love) etc.
Just like concrete nouns, abstract nouns combine with part nouns (part of time), unit nouns (a
piece of information) and species nouns (a new kind of music).
Abstract nouns can be either count or mass, even though these notions cannot be understood in
physical sense.

Nouns referring to events and occasions (talk, knock, shot, meeting) are usually count.

There was a loud knock at the door.

47
The committee has had three meetings.

Talk (together with other nouns like sound, thought) can also be a mass noun.

I had a long talk with her. [count]

In the country we now hear talk of famine. [mass]
I couldn't hear sound. [count]
These modern planes can fly faster than sound. [mass]
What are your thoughts on this problem? [count]
He was deep in thought. [mass]

Other abstract noun tend to be mass nouns only: honesty, happiness, information, progress,
applause, homework, research)

Her speech was followed by loud applause.

I have some homework to finish.
We offer information and advice.
Wealth did not bring them happiness.

But many such nouns e.g. experience, difficulty, trouble can be either mass or count with some
different meaning.

We had little difficulty convincing him. [mass]

He is having financial difficulties. [count]
He is policeman of many years' experience. [mass]
Tell me about your experiences abroad. [count]
I have some work to do this evening. [mass noun work = labour]
They have played two works by an unknown French composer. [count noun work = artistic or
musical work.]

Some nouns are mass nouns in English.

advice, information, news, shopping

Can you give me some good advice on what to buy here?

Do you have any information about the airport buses?
What's the latest news about the election.
The department stores stay open for evening shopping.

Partition and division of abstract nouns: a useful bit of advice

Part of his education was at the University of Cambridge.

Unit nouns: We had a (good) game of chess.

48
 He suffered from (terrible) fits of anger.
There was a (sudden) burst of applause.
Let me give a (useful) bit of advice.
Here's an (interesting) item of news.
This translation is one of her best pieces of work.
Time (period) Three months of hard work
three months' hard work
Species noun an exiting type of dance
a (strange) kind of behaviour ǁ behavior

Amount of Quantity

Amount words (quantifiers), all, some etc.

Quantifiers are words such as 'all, any, some, nobody', which denote quantity or amount. They
can function both as determiners (some people) and pronoun (some of the people).

a. Amount words can be used with singular count noun like cake, house as they are equivalent
to part nouns.

b. Used with plural nouns like stars:

c. Used with mass nouns like land:

Some of the starts were invisible. Not all (of) stars were visible.
None of the stars was visible. All of the stars were invisible.

A large quantity
They have lost many of their friends. [count]
They have lost much of their support. [mass]

49
A lot of our friends live in San Francisco. [count]
A lot of our support comes from city dwellers. [mass]
A large number of people have recently joined the party. [count]
They have been making a great deal of noise recently. [mass]

Small quantity

We managed to speak to a few of the guests. [count]

Could you possibly spare a little of you time? [mass]
She invited just a small number of her friends. [count]
I'm afraid we've run into a bit of trouble. [mass]

Not a large quantity

Not many of us would have been as brave as she was. [count]

I promise I'll take very little of you time. [mass]

Notice that few and little without a have negative bias.

A few (small number of) students pass the examination.

Few (not many) of the students pass the examination.

Other words of quantity or amount

two/three, half, more, most, several

With a/the majority and a minority of it is normal to use plural and group nouns.

The majority of the farmers are sons and grandsons of farmers.

Only a minority of women feel able to report such attacks to the police.

Many and much, a lot of, lots of

Count Mass
How many of the rolls have you eaten? How much of the bread have you eaten?
All of them. All of it.
Most of them. Most of it.
A lot of them. A lot of it
Half of them. Half of it
Several of them.
A few of them. A little of it.
None of them. None of it.

50
Indefinite use of amount words

Count

All crimes are avoidable. (all of the crimes in the world)

We didn't buy much.

Mass

All violence is avoidable.

We didn't buy much food.

Count

All pupils should learn to ski.

We saw several snakes down by the river.
Most men don't know how to dance.
Few new writers have their first story accepted.
I want to ask Mr. Danby a few questions
I think people catch fewer clods these days.

Mass

You' will do a lot better with less food in your stomach.

Plants in plastic pots usually need less water than those in clay pots.
The village can provide no food for the refugees.
It will take a little time to clear up the mess.
Put a few pieces of butter on top of the vegetables.

In <informal> style a lot of (lots of) is preferred to many or much in positive statement.

Many patients arrived on the surgical wards planned admission. <formal>

You find a lot of nurses have given up smoking. <informal>
There's lots of spare time if you need.

But in question and after negatives (very) many and much are not restricted to <formal>
English.

Have you seen much of Julie recently?

I don't eat much in the morning.
Do many people attend the meetings?
We don't get many visitors in winter.

51
Words of general of inclusive meaning

All, both, every, each and (sometimes) any amount words of general or inclusive meaning. In
count noun, all is used for quantities of more than two and both for quantities of two.

The western is a popular kind of movie with both sexes and all ages.

Every, each

Words like every and each can be called distributive, because they pick out the members of a
set of group singly rather than look at them all together. Apart from difference every has same
meaning as all.

All good teachers study their subject(s) carefully.

Every good teacher studies his or her subject carefully.

Each is like every except that it can be used when the set has only two members. Thus each
can sometimes replace both with little difference in meaning.

She kissed her mother tenderly on each cheek (both cheeks).

She complimented each/every member of the winning team.

She complimented all members of the winning team.

Any, either

Any can sometimes replace all and every in positive sentences.

These days any young man with brains can do very well.
Any new vehicle has to be registered immediately
Every new vehicle has to...
All new vehicles have to...

When there are only two objects of people, either is used instead of any:

You could ask either of my parents.

Neither of my parents is keen on rock music.

Any can be used with mass nouns and plural count nouns.

Any land is valuable these days.

You're lucky to find any shops on Sunday.

52
Mass Count Personal Non- Frequency Duration Degree
personal
all all, every, everyone, everything always always, for absolutely,
each everybody ever entirely
much a lot many, a lot (many (many often, (for) a long every
(of) (of) people) things) frequently time (very)
much
some some someone, something sometimes (for) rather,
somebody Sometime somewhat,
quite
a little a few (a few (a few occasionally (for) a a little
people) thing) while a bit
little few (few (few rarely, not...(for) scarcely,
people) things) seldom long hardly

53
no(ne) no(ne) no one, nothing never not... at all
nobody
any any anyone, anything ever at all
anybody

Noun Count Mass

Singular Plural Singular
Determiner Pronoun Determiner Pronoun Determiner Pronoun
function function function function function function
Word with all N all (of N) All N All (of N) All N All (of N)
inclusive every N every one
meaning (of N)
Each N Each one
(of N)
both N both (of N)
half N Half (of N) half N Half (of N) half N Half (of N)
Some and some N some (of some N some (of some N some (of
any word N) N) N)
any N any (of N) any N any (of N) any N any (of N)
either N either (of
N)
Words many N many (of much N much (of
denoting N) N)
degree of more N more (of more N more (of
quantity N) N)
and most N most (of N) most N most (of N)
amount enough enough (of enough N enough (of
N) N)
few N few (of N) little N little (of N)
a few N a few (of a little N a little (of
N) N)
fewer N fewer (of less N less (of N)
N)
less N less (of N) less N less (of N)
fewest N fewest (of least N least (of N)
N)
several N several (of
N)
Unitary one N one (of N)
Negative no N none (of N) no N none (of N) no N none (of N)
word neither N neither (of
N)

54
Noun phrase and formation of compound noun

Compound noun
Compound noun are nouns consisting of two words or more:
1. Solid word, single word
classroom, fireman, homework, keyboard, takeover, textbook, toothpaste, dishwater
2. Two words
fire alarm, book club, signal box, window frame, mobile phone, dining room, paper weight
3. With one or more hyphens
cash-dispenser, house-warming, major-general, runner-up, self-control, sister-in-law
Formation of Compound noun
1. adjective + noun
black magic, common sense, mobile phone, right angle, standard English, static electricity
2. noun + noun
classroom, face cream, holiday camp, homework, horseshoe, picture frame, smoke alarm
3. Object of second noun
book binding, bus driver, cash dispenser, child minder, concrete fixture, dishwasher
4. Two ranks
lieutenant-colonel, major-general, sergeant-major
5. noun or verb
break-in, break-out, breakthrough, break-up, sing-alone, sit-in, take off
6. Three words
man-of-war, mother-in-law, commander-in-chief, lady-in-waiting

Determiner Premodification Head Postmodification

the books
a Good book
some books to read
all those good books I want to read
a sinking ship
a German passenger liner
the crew of a trawler

Postmodifier

A noun can be modified by another word (often an adjective) placed before the noun: the red
house.

Relative clause as postmodifier

The parents wanted to meet the boy who was going out with their daughter.

55
Non-finite clauses equivalent to relative clauses

They wanted to meet the boy going out with their daughter.

Prepositional phrases

A nice young woman in jeans was watching me.

Appositive clauses

There is no getting away from the fact that inflation is causing hardship.

Adverb

Where is the way out?

Adjectives

There is nothing new about the technique.

Clauses of time, place, manner and reason

In Stratford-on-Avon we visited the house where Shakespeare lived.

Premodifier

Modifiers which are placed after determiner but before the head of a noun phrase are
called premodifiers.

Adjective

We had pleasant holiday this year.

We had a very (degree adverb) pleasant holiday this year.

-ing participles

A beginning Student

-ed participles

a retired teacher

Nouns as premodifier

56
 The passenger liner dropped anchor in the harbour

Compounds as premodifier

We have just bought a brand-new car.

More than one premodifier

American Spring medical conference.

Determiner

Determiners are words which specify the range of reference of a noun, e.g. by making the definite
(the book), or by indicating quantity (many books). Determiners and nouns can occur together.
Proper nouns do not normally take determiner.

Groups of determiner
Group 1 determiner Group 2 determiner Group 3 determiner
all, both, half Articles Cardinal numbers
the, a, an one, two, three, four...
double, twice, one-third
Demonstrative Ordinal numbers
what, such This, these, that, those first, second, third...

Possessive General ordinals

My, your, his, her next, last, other...

quantifiers Quantifiers
some, any, no, every, each, many, few, little, several,
either, neither, enough, more, less...
much

Wh-determiners
What(ever), which(ever)
Whose

Word with inclusive meaning

All the world will watch the World Cup on TV. (The whole world will watch the World Cup.)
Every student must attend ten of the meeting each year.
Both answers are acceptable.

57
All, both and each can occur after their heads. If the head is subject they have the mid position of
adverbs.

All his friends were on vacation. (His friends were all on vacation.)
Both of them love dancing. (They both love dancing.)
Each of the rooms have a telephone. (The rooms each have a telephone.)

Some and any words

Some-words are: some, someone, somebody, something, somewhere, sometime, sometimes,

somewhat, somehow (already, too).

Any-word are: any, anyone, anybody, anything, anywhere (ever, yet, at all, either)

Some and any can be used as determiners with singular count nouns when they are stressed.

There was some book or other on this topic published last year.
I don't have any idea they wanted me to make a speech.

In <familiar> style stressed some means 'a wonderful'.

That's some car you got there!

However, some is usually used with plural nouns and mass nouns:

It's unfair mention some people without mentioning all.

His resignation has been expected for some time.

Some and any can function both as determiners and pronouns. In both functions choice between
some and any depends on grammatical context: some is the normal word in positive statements
and any is normal word after negative word and in yes-no questions:

Ann has bought some new records. (positive statement)

Ann hasn't bought any new records. (after negative)
Has Ann bought any new records? (yes-no question)

Some words Any words

positive statement After negative Question
Determiner
They had some lunch They haven't had any Have they had any lunch?
lunch.
Pronoun
He was rude to somebody He wasn't rude to anybody. Was he rude to anybody?
Place Adverb

58
 They have seen her They haven't seen her Have they seen her
somewhere. anywhere anywhere?
Time-when Adverb
I'll see you again sometime. I won't ever see you again. Will I ever see you again?
Frequency
He sometimes visits her. He doesn't ever visit her. Does he ever visit her?
Degree Adverb Was she at all annoyed?
She was somewhat She wasn't at all annoyed.
annoyed.

There are similar contrast between

already and yet
still and any more, any longer
somehow and any way.

Words denoting degree of quantity and amount

The company lost many millions of dollars.

It' has been spending too much money on speculation.
The chairman asked for more information.
The student was a few minutes late for the interview.
There are far fewer factories going to come to our part of the country.
It has been said that good writing is the art of conveying meaning with greatest possible force in
the fewest possible words.
Why is that some people pay less income tax than any of us?

Enough can occur both before and after its head.

There hasn't been enough time to institute reform.

There hasn't been time enough to institute reform.

Unitary

One is used as indefinite determiner in such expression as 'one day, one morning one night'.
One day Katie will change her mind.

One is also a number: One ticket please.

Pronoun: How does one deal with such problem.

Negative
They had no Knowledge of secret negotiations.
There were no conditions laid down in the contract.

59
 2.2 Articles (A Communicative Grammar of English, Learner's
Authentic English Grammar)
Definite and Indefinite meaning

 When one uses the definite article 'the', s/he presumes that both s/he and the hearer or reader know
what is being talked about: 'the dog, the race'.
 If s/he wants to express indefinite meaning without any added meaning, s/he uses indefinite article
a/an (with singular count nouns) and zero indefinite article with mass nouns or plural count nouns.

Uses of the definite article 'the'

 When the object or group of objects is the only one that exists (or existed): The stars, the earth, the
world, the sea, the North Pole, the equator, the renaissance, the race.

The North Pole and the South Pole are equally distanced from the equator.

 This unique use of the also arises where what is referred to is 'understood' to be unique in the contest:
the sun, the moon, the kitchen, the town-hall, the Queen, the last president, etc.

 The is used with the name of ancient epics, religious books and reference works.
The Iliad and Odyssey, the Ramayana, the Mahabharata, the Bible, the Koran, the Vedas.

 The is used before the name of gulf, seas, oceans, rivers, mountains, rangers, group of island, plural
name of countries, trains, and Newspapers.

The Persian Gulf, the Arabian Sea, The Indian Ocean, The Ganga, The Maldives,

 One can, if he wanted to make the definite meaning clear by modification after the noun: the moon
belonging to this earth, the kitchen.

Back-point use of the

 When identity has been established by an earlier mention (often with an indefinite article).

They have a son (first mentioned) and two daughters, but the son (second mentioned) is already grown
up and has a family of his own

Forward-pointing use of the

 When identity is established by a modifier, such a relative clause or an of-phrase that follows the
noun.

60
 The woman who answered the door, helped Jack into the room.
The wine of France is the best in the world.
The discovery of radium marked the beginning of a new era of medicine.

Conventional use of the

 When reference is made to an institution shared by the community:

The radio, the television, the telephone, the newspaper, the paper, the train.

 After a preposition 'the' is used before the part of body in conversation.

She looks him in the eye and said 'No'.

Generic use of article

The is use to refer a general or typical whole class of objects.

The tiger is one of the big cats. It is rivaled only by the lion in strength and ferocity. The tiger has
no mane, but in old males the hair and the cheeks is rather long and spreading.

Generic meaning

count mass
the tiger water
a tiger
tiger

Tigers have no mane.

A tiger has no mane.
The Chinese tiger has no mane.

English tend to treat mass noun and plural noun as generic when they have a modifier before
them (Chinese history). But when they are followed by modifier, especially by an of-phrase, 'the'
normally has to be present (the history of China).

Chinese history The history of China

American social life The social life of America.

eighteenth-century furniture the furniture of the eighteenth century

Generic 'the' with adjective, nationality noun and group noun

61
 To denote a class of people
The poor, the unemployed, the young, the handicapped

They should see to it that there's work for the unemployed, food for the hungry, and
hospital for the sick.

To denote an abstract quality

The absurd, the beautiful, the sublime

With nationality adjectives ending in a sibilant -ch, -ese, -se, -ss used to refer to a people as whole

the Dutch, the English, the French, the Japanese, the Vietnamese.

With nationality or ethnic noun

the Indians, the Poles, the Zulus

The is used before common noun followed by a proper noun.

the writer George Orwell, the river Thames, the novel War and Peace

The is used before plural proper names

the Browns, the Smiths, the Poudels, the Gurungs, the Brahmin

The is used before trade and profession following a proper noun.

John, the banker; Byron, the poet,

Article pronunciation

The unstressed definite article is always the but is pronounced /ðə/ before consonant and /ðɪ/
before vowel.

/ðə/: the car /ðə kɑ:/, the pilot /ðə paɪlət/

/ðɪ/: the egg /ðɪ eg/, the idea / ðɪ aɪdɪə/

The indefinite article a /ə/ before consonant and an /ən/ before vowel.
/ə/: a car /ə kɑ:/, the pilot /ə paɪlət/
/ən/: an egg / ən eg/, the idea / ən aɪdɪə/

The pronunciation, not the spelling of the following word determines the choice of the indefinite
article.

a UN /ə ju: en/
an X-ray /ən eksreɪ/

62
 an hour /ən aƱə / , an heir /ən eə/

The articles are normally unstressed, but may be stressed for special emphasis. The stressed from
of indefinite article are a /eɪ/ and an /æn/. The stressed form of definite article is the /ði:/.

Proper nouns

Proper nouns are understood to have unique reference. Africa refers to one particular continent
and Susan refers to one particular person.

Usually proper nouns have no article. Contrast names with 'unique' description for which 'the is
needed.

The President of Unites States

The Lord

Plural names take the definite article:

The Netherlands, the West Indies, The Bahamas, the Alps, the Canaries, the Channels
Islands, The Hebrides, the British Isles, The Himalayas, The Midlands, the Pyrenees, the
Rockies, the Wilsons.

Some geographical names take definite article:

The Amazon, the Avon, the Danube, the Ganges, the Mississippi, the Nile, the Rhode, the
Thames.

Seas:

The Atlantic, the Baltic, the Mediterranean, the Pacific

Canals:

The Panama Canal, the Erie canal, the Suez Canal

Some institutes:

Hotel, pubs, restaurants: the Grand Hotel, the Hilton, the Old Bull and Bush

Theatres, cinemas: The Apollo Theatre, the globe, the Odeon, The Hollywood Bowl

Museums, Libraries:

63
 This Huntingdon (Library), the British Museum, the National Gallery

Newspapers:

Usually newspapers takes definite article: the Daily express, The Independent, The New
York Time
Magazines and periodicals normally have no article.

Name of musical instruments

He plays the guitar and I play the violin.
Before ordinal number of titles
Pope John the Twenty-first
King Gorge the Sixth

a and an

A and an are indefinite article. 'a' is used before a consonant sound and 'and' is used before a vowel
sound. They are used for indefinite meaning

a hundred years
an umbrella
a minute
a peninsula
a gentleman
an owl
a film-star
an engineer, a christian,
a hard day, quite an occasion, a many person

a/an used in certain phrases of price, speed

That cost Rs. 20 a kilo.

It's cheap at $1 a meter.
He drives at 60 kilometers an hour.
Take this medicine three times a day.

Personal Pronoun

Person: 1st, 2nd and 3rd person

Number: singular, Plural
Gender: masculine, feminine, non-personal
Case: subjective, objective, genitive (or possessive)

64
 Personal pronouns Reflexive
Possessive Pronouns
Subjective Objective Acting as Acting as
Case Case determiner pronoun
1st person Singular I me my mine myself
plural we us our ours ourselves
2nd Singular your yours yourself
you
person plural yourselves
3rd person singular he him himself
his
masculine
singular she her her hers herself
feminine
singular its itself
non- it
personal
plural they them their theirs themselves

Third person pronouns (he, she, it, they) are usually definite because they point back to a previous
mention.

I phoned the police (first mention) and asked them (second mention) what to do.

He and she are used for animals when we think of them as having the personal qualities of human
beings.

Nemo, the killer whale, who'd grown too big for his pool on Clacton Pier, has arrived in
his new home in Windsor safari park.

It is otherwise used for animals and sometimes for babies and very young children, especially
when their sex is unknown.

In the farmyard a dog in its kennel was barking loudly.

Mass nouns and singular abstract nouns are replaced by it.

I've washed my hair and it won't keep tidy.

She is sometimes used for object (ships) and countries as political units.

A ship had come in from Greece and was unloaded her cargo.
Las year France increased her exports by 10 percent.

65
First and Second person pronoun

'We' sometimes includes hearer and sometimes excludes the hearer.

We have enjoyed meeting you. (exclusive)

Let's look at this in further detail. (inclusive)

Generic use of pronouns: one, you, they

One (one's, oneself) is rather <formal and impersonal> meaning people in general including you
and me.

One never knows what may happen. <rather impersonal>

One has to help one's fellow human beings. <rather formal>

You is it <equivalent>

You never know what may happen. <informal>

All this exercise makes you hungry, doesn't it?

They can also be used generally in <informal> English but with a different meaning form one and
you. It means roughly people (excluding you and me)

They say it's going to rain.

Pointer words: this, that etc.

This identifies something near the speaker. That indentifies something not so near the speaker.

Back pointing:

I then tried to force the door open, but this/that was a mistake.

Forward-pointing:

This is what the graph shows.

This type this (singular) here (at this place)

these (plural) now (at this time)

That type that (singular) there (at that place)

those (plural) then (at that time)

In <more formal> use, that and those (but not this and these) can function as relative antecedents.

66
 Richard took up a life similar to that (which) he had lived in San Francisco.
The elements which capture his imagination are those which make the story worth telling and
worth remembering.

That cannot be antecedent of who because that can only refer to things in this construction. For
reference to people 'those who' is used.

Seventy-five per cent of those who returned the questionnaire were in favour of the
proposal.

Relations between ideas expressed by nouns

Relations expressed by of

partition: a part of house

division: a kind of tree
amount: most of the problem.

The roof of the house

a friend of my father
the courage of firefighters
the envy of the world
the trial of conspirators
the virtue of thrift
a shortage of money
a glass of water
people of Middle Ages
the house of my dreams
the college of surgeons

Relation

Noun2 of Noun1 the roof of the house

Noun1 of Noun2 people of great courage
Noun1 with Noun2 a house with flat roof

Use of genitive

A genitive (ending 's or apostrophe) can be uses with same meaning as of-phrase, especially where
genitive has human reference.

The 'have relation'

67
 Dr. Brown's son (a son of Dr. Brown, or a son of Dr Brown's) (double genitives means Dr.
Brown has many sons)
The earth's gravity (the gravity of earth - more usual)

Subject - verb relation

his parent's consent (the consent of his parents)

the train's departure (the departure of the train - more usual)

Verb-object relation

the prisoner's release

the city's destruction (the destruction of city - more usual)

Subject-complement relation

Marian's happiness
the country's beauty.

Special case of genitive

In general, the genitive is preferred for human nouns (the girl's arrival) and sometimes
also for animal nouns (horses' hooves) and human group nouns (the government's policy).
Of is usually preferred for inanimate nouns and abstract nous (the discovery of helium,
the progress of science).

Livingstone's discovery (Livingstone discovered something)

the discovery of Livingstone (somebody discovered Livingstone)

It can also be indicated using by

The army's defeat of the rebels

the defeat of the rebels by the army
the rebel's defeat by the army

rebel's defeat of the army (rebel defeated army)

The departure of the 4.30 train for Edinburg

But NOT
The 4:30 train for Edinburgh's departure

Time nouns are frequently used in the genitive

This year's crop of potatoes two weeks' holiday

68
 a moment's thought today's menu

Place nouns are also frequently used in genitive especially if followed by superlative

the town's oldest pub

Norway's greatest composer
the world's best chocolate.

Relations between people: with, for, against

With means together with or in company with

I'm so glad you are coming with us.

Sheila was at the theatre with her friends.

without is the negative of with

Sheila was ill, so we went to the theatre without her.

With in a situation of conflict or competition means on the same side as

Remember that every one of us is with you.

Are you with us or against us?
Are you for or against the president?

Fight against pollution, campaign against inflation

Ingredient, material: with, of, out of, from

A fruit cake is made with fruit.

A glass jug is made (out) of glass.
They lived in tents made from blankets.
a ring of solid gold
made out of solid gold
a table of polished oak
a gold ring
an oak table
metal rods
banana cake

Restrictive and non-restrictive meaning

Modifiers before or after a noun usually help to specify its meaning exactly:

the children who live next door

69
hot butter toast
a king of Denmark
these latest history books

|She loves to talk about her sister who lived in Pàris. | (talking about a sister living in Paris)
| She loved to talk about her sìster |who lived in Pàris | (only only one sister living in Paris)

Ordering modifiers can make difference to meaning:

her last great novel (the last of her great novels)

her great last novel (her last novel which was great)

70
 2.3 Tenses

The word tense is derived from Latin Tempus, which means time. Tense in English is also used to show
the time when the action of a verb place. Thus, inflectional ending (change in word) are added to the
present tense and the past tense.
State and events

Broadly, verbs refer:

a. Event - Happening thought of a single occurrence, with definite beginning and end e.g.
become, get, leave, hit, close, take.
b. State - state of affairs which continues over a period and does not need to have well-defined
beginning and end, e.g. be, remain, contain, resemble, seem.

She became unconscious. (event)

She remained unconscious. (state)
__________ state Napoleon was a Corsican
. single event Columbus discovered America
................. set of habit Paganini played the violin
~~~~~~~~ temporary She was cooking the dinner
Time tense and aspect

Present time

Simple present

Formal declaration
sports commentaries
demonstration
event begun and ended
Present State

I am hungry.
Do you like my hat?

Present event

I declare the meeting closed.

She serves and it's an ace!

Simple present tense stretches indefinitely into the past and future.
It applies to general truth

A cube has eight corners.

71
 Habit

I work in two elementary schools.

Do you drink beer?
It rains a lot in this part of world.
The children usually sleep very soundly.
They live in a rented house. (permanently)

Present Progressive (continuous)

temporary present (limited duration)

It's snowing.
The children are sleeping soundly now.
They are living in a rented house.

The champion serves. (event)

The champion is serving well. (continuing, repetitive)
She lives with her mother. (permanently)
She is living with her mother. (at the moment)

Temporary habit

I'm playing golf regularly these days.

She is not working at the moment.

Using always and similar adverb to show persistent:

Those children are always getting into trouble.

He is chewing gum whenever I see him.

Past time

Past tense can be used to refer to the present:

Did you want to speak to me? (do you want?)

I wonder whether you would help me? (I wonder)

Simple past (past happening related to past time)

He was in prison for ten years. (probably now he is out)

He has been in prison for ten years. (probably he is still there)

72
 Chandra Came to England in 1955.
The parcel arrived last week.
Joan has become engaged; it took us completely by surprise.
Did you get any letters.

Rome wasn't built in a day.

Caruso was a great singer.
They told me you were ill.

His sister suffered from asthma all her life. (she is now dead)
His sister has suffered from asthma all her life. (she is still alive)
Kites were invented in China in fifth century.

Past event with present result

The taxi has arrived. (it's now here)

Her doll has been broken. (it's still not mended)
Her doll was broken. (Now, it is mended)

Indefinite event in a period leading to present time

Have you (ever) been in Florence?

Habit in a period leading up to the present time

She has attended lectures regularly. (this term)

State leading up to the present time

She has always had a vivid imagination.

Haven't you eaten (yet)? (BrE)

Have you eaten (yet)?
Didn't you eat (yet)? <Ame>
I have studied your report (already). (BrE)
I studied your report (already). <AmE)

always, ever and never as state of habit

I always said (have said) he would end up in jail.

Perfect progressive (limited duration)

I've been studying for exam.

You've been fighting! (you can see black eye, torn clothes)

73
 I have read your book. (finished)
I have been reading your book. (still reading)

Past perfect (past in the past)

The house had been empty for several months. (when we bought it)

They tell me that the parcel arrived on April 15th.

They tell me that the parcel has already arrived.

They told me that the parcel had arrived on April 15th.

They told me that parcel had already arrived.

Infinitives and participle have no tense and cannot express the difference between past
and perfect aspect

He seems to have missed the point of your joke.

(It seems that he has missed the point.
It seems that he missed the point)

She is proud of having achieved stardom while still a child.

She is proud that she has achieved stardom.
She is proud that she achieved stardom.

He may have left yesterday. (perhaps he left yesterday)

He may have left already. (perhaps he has left already)

Adverbials in relation to the past and present perfect

The past
I rang her parents yesterday.
My first wife died some years ago.
The fire started just after ten o'clock.
A funny thing happened to me last Friday.

The present
Since January, Life has been very busy.
Plenty of rain has fallen here lately.
Up to now, her life hasn't been altogether rosy.

Both
We have seen a lot of horses this morning.
We saw a lot of horses this morning.

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 Used to and would (habit in the past contrasted with present)

My uncle used to keep horses. (he once kept horses)

He would wait for her outside the office. (every day)

Simple present with past meaning

This lady yesterday, says 'I can't believe this'.

Then in comes the barman and tries to stop the fight.

Present use of verb of communication (hear, inform, etc.) expects present perfect or
past.

I hear you have finished the building project.

The doctor says he thinks I had a mild concussion.

Progressive aspect

He wrote a novel several years ago. (he finished it)

He was writing a novel several years ago. (I don't know whether he finished it)

The verbs referring to a change of state

The young man was drowning. (at last moment I rescued him)

Non-progressive event verb showing activity was in progress.

When I went downstairs, they were eating breakfast.

Verbs, which take or do not take progressive:

Verbs taking progressive are:

Activities (walk, read, drink, work, etc.)

A small boy is a blue jacket was walking along the street.
I am writing a letter to my sister.

Processes (change, grow, widen, improve, etc.)

Alec was growing more and more impatient.
I believe the political situation is improving.

Momentary events (knock, jump, nod, kick, etc.)

He was nodding.

75
Verbs perceiving

Feel, hear, see, smell taste. To express continuing perception can and could are
used.

I can see someone through the window, but I can't hear what they're
saying. (not I am seeing or I am hearing).
You look beautiful. (not you are looking beautiful)
(But : Why are you looking at me like that?)
It sounds as it as if the concert is already started. (not it is sounding).
( But: She was listening the news when I phoned.)

Verbs referring to a state of mind or feeling

(believe, adore, desire, detest, dislike, doubt, forget, hate, hope, imagine, know,
like, love, mean, prefer, remember, suppose, understand, want, wish, etc. )

I suppose I'd better buy them a Christmas present.

(But: in think, hope, expect = I am thinking about what you were saying.)

Verbs referring to a relationship or state of being.

(be, belong to, concern, consist of, cost, depend on, deserve, equal, fit,
have, involve, matter, owe, possess, remain. require, resemble, etc.)

She belongs to the Transport and General Workers' Union.

Most mail these days contains nothing that could be truly called a letter.
I am hungry.
I forget his name for the moment.

(But for special type of behaviour = She is being very brave. She is being
a hero.)

Have, when it is a state does not go the progressive

He has a good job. (not he is having a good job)

Have often goes with progressive when it denotes a process or activity.

They were having breakfast.

Verbs referring to an internal sensation

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 (hurt, feel, ache, itch, etc.)

My back hurts.
My back is hurting.

Future time

Will or Shall

Neutral future of prediction is expressed by will ('ll)

Shall is rather formal and expressed with a first person subject only.

Temperatures tomorrow will be much same as today.

We shall hear the result of election within a week.

Main clause of a conditional sentence

If the book has real merit, it will sell.

Wherever you go, you will find local people friendly.

Suggesting an element of intention

I will see you again on Tuesday.

Be Going to

Be going to + infinite tend to indicate future as a fulfillment of the present.

Aren't you going to put a coat on? It's cold out.

She said she's going to visit Vic at two o'clock.

Simple present tense in subordinate clause, especially adverbial time clause and
conditional clause

I'll get her to phone you when/if/after she comes in.

I hope the train is on time. (I hope the train will be on time.)
Just suppose the network fails, it will be total disaster.

Present progressive

We are inviting several people to a party.

She is going back to Montreal in couple of days.
What are you doing for lunch?

77
Will/shall + progressive aspect

Don't call her at seven o'clock - they'll be eating dinner then.

What do you think you'll be doing at school today?

Be to, be about to, be on the point of

Jaguar is to launch new saloon model.

I am about to write the director a nasty letter.
She was just on point of moving when the message arrived.

Future in the past

They were just going to arrest him, when he escaped from the building.

Past in the future

I am hoping that by the end of the month you will have finished your report.
In three month's time, the plant will have taken root.

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79
 2.4 Condition and Contrast
Conditional Sentences
A conditional sentence consists of a main clause and a conditional clause (if-clause). The
Conditional Clause, which begins with if or unless occurs before or after the main clause. There
are three main types of conditional sentences.

Type - 1
The main clause consist will, can, may followed by the base from a main verb: the if-
clause uses the simple present tense.
If it rains, they will not go out.
If you drop it, it will break.
If you read carefully, you will see the error.

Type - 2
The main clause uses would, could, might followed by the base form of main verb. The if-
clause on the other hand uses the simple past tense. This type of sentence refers to an
imaginary situation, so the action in the if-clause will probably not happen.
If you booked early, you might get a seat.
If he were rich, he would by a car.
Would you be angry if I disagreed with you?
If I were you, I would marry her.
If I earned a great deal of money, I would by a car.
We would save plenty of money, if we did not spend it carelessly.

Type - 3
The main clause uses would, should could or might have followed by the past participle
(would have eaten) of the main verb and; if clause uses the past perfect tense, which
refer to something unreal or an imaginary past action.
If I had taken a taxi, I would have got there in time.
If you had been here, I would have seen you.
I would have warned you if I had seen you last week.

Conditionals with inversion

In this type, the conditional clause has no if, but instead it begins with an operator
(auxiliary verb) placed before the subject.
Had I been there, I would have seen him.
Were a serious crisis to arise, they would have to act carefully.
Should you change your mind, he would not blame you any longer.

80
Open and hypothetical condition: if, etc.

Condition clauses are related to reason clauses. They discuss the consequences of
something which may or may not be real event.

I'll lend peter the money because he needs it. - (known to speaker-close condition)
I'll lend peter the money if he needs it. - (unknown to speaker - open condition)
If you feel seasick, take one of these pills. - (hypothetical condition)

I would lend peter the money if he needed it. (speaker knew he didn't need money -past
open condition)
I would have lent peter the money if he had needed it. (past perfect open condition)
You'd be bored if you had no children. (past hypothetical condition)

In case (of), on condition that, provided that

In case - future condition which may or may not arise:

Take these pills, in case you feel ill on the boat.

I had to watch where I put my feet in case I fell.

On condition that - condition to which a person must agree

I'll lend you the money on condition that you return it within six months.

Provided that and as/so long as - expression of strong condition

Provided that / So long as they had plenty to eat and drink, the crew seemed to
be happy.

In case of - preposition expression condition

In case of emergency, the simplest thing is to flick of the switch.

Negative Condition: unless

I won't lend the peter the money unless he needs it.

Unless Paul improves his work, he will fail the exam.
If Paul doesn't improve his work, he will fail the exam.
You can take a book out of library and keep it for a whole year unless it's recalled.

I' am sorry I had previous engagement: otherwise, I would have been here for much
earlier.

81
 Negative hypothetical Conditions: but for + noun, if it hadn't been for + noun

But for Jenny, we would have lost the match. (if Jenny hadn't played well)

Adam would have faced almost certain death, if it hadn't been for his quick thinking.

Use of any, ever, etc. (uncertain)

If you ever have any problem, let me know.

Unless anyone has any questions, the meeting is adjourned.
Help yourself, if you want something to eat.

Clauses of Contrast

Phrase and adverbs of contrast

Some phrases and adverbs that express contrast are in spite of, despite <formal>,
notwithstanding <very formal>, though and for all.
He failed in spite of his hard work.
Despite his hard study, he failed the exam.
Notwithstanding his help, she is still suffering from poverty.
For all her skill, she has achieved a little.

Adverbial meaning overlapping with condition is contrast or concession. It surprises or is

unexpected in view of other.

The weather is bad, but we're enjoying ourselves.

He hadn't eaten for days, but he looked strong and healthy.
We are enjoying ourselves although/though the weather is bad.
(Although/Even) Though he hadn't eaten for days, he looked strong and healthy.
While we welcome his support, we disagree with a lot of his views.
Elizabeth was lively and talkative where as her sister was quiet and reserved.
Much as I would like to help, I have other work I must do. (Even though I would like to
help very much...)
Absurd it may seem, she grew tired of being a success. (Even though it may seem
absurd...)

Phrases and adverbs of contrast: in spite of, etc.

In spite of, despite, notwithstanding, for all (prepositions of contrast)

We are enjoying ourselves in spite of the weather.

Despite her fabulous wealth, Sara's only property is a humble house in the oldest part of
Seville.
Notwithstanding state aid, the local government are continuing to seek extra revenue.

82
 For all his skill he has accomplished very little. (despite of his great skill)

Yet, however, nevertheless, all the same, still, even so,

Although he hadn't eaten for days, yet he looked strong and healthy.

Well you know, even in Alaska the summers get pretty devastating.

Condition + Contrast: Even if

I always enjoy sailing, even if the weather is rough. (you wouldn't expect me to enjoy sailing in
rough weather, but I do.)
We will take appropriate action, even if we have to go it alone.
If nothing else, (at least) two good things came out of the project. (even if nothing else came out
of the project.)
She wouldn't give me the money, even if I begged her for it.

Alternative Conditions: whether... or, whatever, etc.

Two contrasting conditions

Whether we win or lose, the match will be enjoyable. (If we win or even we lose...)
They were guaranteed 40 hours' pay per week whether they worked or not. (If they
worked or even they didn't...)

Whatever, whoever, wherever, etc.

These shoes are ideal: I'll buy them whatever the cost.
I will buy them, even if they cost a fortune.
I'll buy them, no matter what they cost.
I don't know how much they cost, but I'll buy those shoes anyway / in any case.
I intended to support the nominee of the party at St Louis, whoever that may be.
Wherever he goes, he makes friends.

83
 2.5 Statements, Questions and Responses
 Statements are typically sentences, which give information.
 Questions are typically sentences by which someone asks the hearer to give information.
 A simple English sentence, i.e. a sentence consisting of only one clause, which may be a
statement, a question, command or an exclamation.
 Statements are sentences in which the subject generally comes before the verb.
I will spèak to the manager today.
 Questions are sentences, which differ from statements in one or more ways.
The operator is placed immediately before the subject:
Will you sée him?
The sentence begins with an interrogative word:
Whom do you wànt to speak to?
The sentence has subject + verb order but with raising intonation in <spoken> English and
ending with a question mark:
You'll speak to manager todáy?
 Commands are sentences with the verb in the imperative, i.e. the base form of the verb.
<Written> English command sentences do not normally end with an exclamation mark, but
with a full stop.
Call him nòw.
Commands usually have no expressed subject but sometimes take the subject you:
(You) speak to the manager todày.
 Exclamations are sentences which begin with what or how without inversion of subject and
operator. <Written> English exclamations usually end with an exclamation mark (!).
What a noise they are making in that bànd!

Question
Different types of questions
Direct and indirect questions:
'How did you get on at your ìnterview?', Sarah àsked.
Sarah asked me how I got on at my ìnterview.

Yes-No question
The answer to a yes-no question is yes or no.
Jane will be in the office later today.
Will Jane be in the office later todáy?

Yes-no question usually have rising intonation

Will you be around at lúnch time?
Is Bill márried?
Is the dinner nearly réady?
Yes, it ìs.
Yès.

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 No, it ìsn't.
No, not yět.
Not yět.
Nò.

Wh-questions
Wh questions begin with interrogative word:
who, whom, whose, which, what, where, when, how, why, whether.
Wh questions normally have falling intonation.
Put the sentence element, which contains the wh-word at the beginning of the
sentence. If the element containing the wh-word is object, complement or
adverbials, place the operator in front of the subject.
Wh-element is object:
They bought Volvo. What car did they bùy?
John asked a question. What quèstion did John ask?
Wh-element is complement:
The subject of the lecture is lexicology.
What's the sùbject of the lecture?
Wh-element is advervial:
They will leave tomorrow - When will they lèave?
Wh-element is subject:
Jane said she might be late. Who said thàt?

Tag questions
Tag questions are tagged on to the end of a statement. Tag questions added to
the end of a statement ask for confirmation of the truth of the statement. The
answer expected is:
'Yes' if the statement is positive.
'No' if the statement is negative.
Anna's doctor. Isn't she? (I assume Anna is doctor. Am I right?)
Anna isn't a doctor. Is she? (I assume Anna is not a doctor. Am I right?)

Questions about alternative

Yes-no questions are limited.
Wh questions are unlimited.
Another type of limited questions:
Shall we go by tráin or by bùs? (rise and fall intonation)
Are you cóming or nòt?
What would you like to drìnk? Cóffee, téa, or còcoa?

Question with positive and negative bias

Yes-no questions are mostly neutral between positive and negative replies, e.g.
when they have any-word any, ever, yet. We can however use forms like some,

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 sometime, already etc., to indicate that we expect a positive answer to our
question:
Did somebody cáll last night? (Is it true that someone called last night?)
Did anyone call last night? (neutral)
Do you sometimes regret giving up your jób?
Do you ever regret giving up your job? (neutral)
Has she gone to bed alréady? (Am I right in thinking that she's gone to bed
already?)
Has she gone to bed yet? (neutral)
(Some-words: some, someone, somebody, something, somewhere, sometime,
sometimes, already, somewhat, somehow)
(Any-words: any, anyone, anybody, anything, anywhere, ever, yet, at all, either)
Haven't you had bréakfast yet? (Is it really true that you haven't had breakfast? I
thought You would have had it by now!)
Can't you dríve straight? (I thought you could, but apparently you can't)
Won't ànyone help us to clear úp?

Question in statement form

One can strengthen the positive bias of a question by putting it in the form of a
statement (rising tone of a question).
You got home sáfely then?
I take it the guest have had something to éat?

Question with more than one Wh-word

Who's is bringing whàt?
How and when did you arrìve?

Polite questions
What's your nàme, pléase?
Would you mind telling me your nàme?
Please can I have your address and télephone number?
Could I àsk you if you are driving to the státion?

Responses to statement: backchannels

Unlike a question, a statement does not require a response. But in conversation
we often make a response.
Mm, m, mhm, uh, huh,
Really?
ah, sure, right, good, heavens, oh God, that's right.

Short questions
Question can be used as responses to statement, when hearer wants more
information.
The old lady's buying a house.

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 Whèn? / whère? / Whỳ? / Whìch? / Whàt old lady?
Two-word questions:
I am going to write an adventure story.
What fòr? / Who fòr? / What abòut?
Were you there when they erected the new sígns?
Whìch new signs?
Answering negative statement, use why not?, rather than why?
John is very upsèt. Whý?
She hasn't been invìted. Why nòt?

Echo questions: request for repetition

Speakers are asked to repeat some information.
I didn't enjoy that meal.
Did you say you didn't enjoy it?
The Browns are emigrating émigrating?
Switch the light off, please. líght off?

General request for repetition

I'will make some coffee.
((I) beg your) párdon?
Excúse me? <AmE>
Sórry? <BrE>
Whát? <familiar, impolite>

More explicit request for repetition

I'm sorry, I didn't quite hear/follow what you sàid.
Sorry, I didn't quite gèt that.
Sorry, would you mind repéating that?
I'm very sorry, would you mind saying that agáin?

Omission of Information
This country must economize if it's going to increase it prosperity.
I agrèe.
Absolùtely
Certainly nòt.
Nònsense.
True enǒugh, but the problem is hòw to economize.
And the only way to do it is by greater taxàtion.

Incomplete sentence and formula

Command: Càreful! Òut with it! Fàster! Not so fàst!
Question: More cóffee? How about jòining us? Any gráduate students
here?
Slogan: Republicans òut. Republicans for èver.

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 Exclamation:Goal! Good! Excellent! You lucky boy! What a pity! Shame!
Oh God, what an experience! Poor you! Oh for a drink! Now for some fun!
Alarm Calls: Hèlp! Fìre!
Omission
Beg your párdon. (I) Serves you rìght. (It)
Want a drínk? (Do you) Sorry I mìssed you. (I am)
No wònder he's late (It is) See you làter. (I will)
Public notices
EXIT WHERE TO EAT IN LONDON
COLLEGE OFFICERS - PRIVATE FRESH DODAY
MEMBERS' HANDBOOK SETTING THE NEW AGENDA
NO SMOKING NO ENTRY NO PARKING

Reported statement and questions

To report what somebody has stated with quotation mark is direct speech and with that clause
is indirect speech.
Marie said: 'I need more money'. (direct speech)
Marie said that she needed more money. (indirect speech)
Marie said - reporting clause
'I need more mòney'. reported clause
'I need more mòney', Marie said.
'I need more mòney', said Marie.
'What I need', Marie said, 'is more money.'

Changes needed in converting direct speech to indirect speech:

(a) Change present tense verbs in to past tense (to match the reporting verb)
(b) Change 1st and 2nd person pronoun into 3rd person.
(c) Change pointer word
this - that
now - then
here - there
tomorrow - the next day
ago - before.
'I moved here two years ago.'
He explained that he had moved there two years before.
'Our team has won.'
They claimed that their team had won.
'I will see you tomorrow.'
She promised that she would see him the next day.
'They can sleep in this room.'
She suggested that they could sleep in that room.
'I saw them yesterday.'
He told me that he had seen them on the day before.
Special case

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 1. Past perfect verbs:
'I had seen Mac an hour before the meeting.'
She said she had seen Mac an hour before the meeting.
2. Model auxiliaries (must, should and ought to)
'You must go.'
She said that they must/had to go.
'You should be more careful.'
He said that they should be more careful.
3. Time of reporting
'The world is flat.'
Ancient philosopher argued that the world is flat.
4. Some verbs of saying used in direct speech narrative cannot be so easily used in
indirect speech.
'The game is up,' growled Trent.
'Give the poor girl a chance to get a word in!' Jean laughed.
'See for yourself', Shouted Derieux.
Answer, declare, reply, say are used both in direct and indirect speech. Assert, confirm,
state occur mainly with indirect speech.

Indirect Question
'Do you líve here?'
She asked him if /whether he lived here.
'Did our team wín?'
They asked if their team had won.
'Why won't you come with ùs? '
He asked her why she wouldn't come/go with thèm.
'Which chair shall I sìt in?'
He wondered which chair he should sit in.
'Is it yóur turn or Sùsan's?'
She asked him whether it was his turn or Susan's.
I asked him what to do. (I asked him what should I do.)
He wondered whether to leave. (He wondered whether he ought to leave.)

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 2.6 Denial and Affirmation
Negative sentences
When speakers want to deny the truth of something, they use a negative sentence
containing one of the negative item not (or n't), no, nothing, nowhere. The part of a
sentence of clause which follows the negative word is called the scope of negation.
He definitely hasn't taken the job. (It's definite that he hasn't)
He hasn't definitely taken the job. (It's not definite that he has)
Crime necessarily doesn't pay. (crime never pays)
Crime doesn't necessarily pay. (It does not always pay)
Inside the Scope of negation, any words like any, yet, ever are used:
I didn't attend any of the lectures. (I attended none of the lectures)
We haven't had dinner yet.
But we can also use some-word like some, already, sometimes after the negative word
and these words lie outside the scope of negation.
I didn't attend some of the lectures. (There were some lectures that I didn't attend).
Occasionally a negative word does not have scope in a clause or sentence at all. Instead,
it applies its meaning only to a phrase or part of a phrase in the sentence:
No food at all is better than unwholesome food. (Eating nothing at all is better than)
We not infrequently go abroad (we quite often go abroad)
They stayed at a not very attractive hotel. (at a rather unattractive hotel)

Affirmation
To place emphasis on the positive meaning of a sentence, we put intonation nucleus on
the operator. This is done especially for contrast, when someone has suggested or
assumed the negative.
So you two haven't met before? Well, We hàve mèt - but it was àges ago.
What a pity Mary isn't here! (But) she ìs here.
If the response is not straightforward denial, but contains new positive information the
new information is stressed by a fall-rise tone.
Surely they wouldn't have stolen it. Nò, but they còuld have taken it by mistǎke.

Denial
To deny what someone has suggested or supposed you can again place the nucleus the
operator, but this time on a negative
So you hàven't lost your keys!
When did he pass his exàm? Well actually, he dìdn't pass it.

Short affirmation
There is a shortened type of affirmation in which everything in a clause is omitted after
the operator. This is usual when you are simply affirming a question or statement and do
not need to repeat what has already been said.
This book is interesting. Yes, it ìs.
I assume I will be invited to the meeting. Yes, you wìll.

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 Can you speak German?Yes, I càn.
Have I missed the bus? Yes, you hàve.
To agree with negative statement, use negative operator.
Your mother doesn't look well. No, she dòesn't.

Short Denial
Shortened statements (in the negative) are also used to deny a statement.
You worry too much. No, I dòn't.
I'll probably fail my driving test No, you wòn't.
Can you speak German? No, I càn't.
Did she fail the test? No she did nòt. (Emphasis)
I understand most people didn't agree with me. Yes, they díd. (denying the
negative statement)

Denial Combined with affirmation: not...but

He didn't look at captain Mosira, but stared at the ceiling.
The land doesn't belong to me, but to the government.
The land belongs not to me, but to the government.
The land belongs to the government, not to me.
I dòn't like mathemǎtics, but dò enjoy biòlogy.

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 2.7 Agreement and Disagreement
Agreement
It is all the more necessary to be polite when the other person's judgment or opinion is in
question. In agreeing with an unfavourable opinion, you may wish to qualify your
agreement with an expression of regret.
His speech was so boring.
Yes, I'm afraid it wàs.
Yes, I have to agree with you it wàs.
I have to admit I found it só.
In other cases, you can be as enthusiastic as you like in expressing your agreement
It was an interesting exhibition, wasn't it?
(Yes), it was supèrb / absolutely splèndid, etc.
(Yes), dèfinitely.
(Yes), exàctly.
(Yes), absolùtely.

Tactful disagreement
When you deny or contradict what someone else has stated the effect is often impolite,
unless the denial is softened in some way.
English is difficult language to learn.
I am afraid I disagrèe with you: some languages are even mòre difficult I think.
Yès, but it's not so difficult as Rǔssian.

Partial or qualified agreement

In discussion and argument there is often a need to agree with one part of a speaker's
view and disagree with another.
Certainly it's true that drugs are menace, but on the other hand we have to take a
pragmatic stance.
I realize that every form of taxation has its critics, but surely this is the most unfair and
unpopular tax that was ever invented.

Strengthened agreement
We can agree and add a further point to strengthen the agreement
The government will have to take steps to limit the number of cars on the road.
Yes, in fact I believe public opinion it now in favour of banning cars in the central areas of
major cities.

Fact, Hypothesis and neutrality

I am glad that the minister has agreed. (Fact - a finite verb clause or an -ing clause or noun
phrase)
I wish the minister had agreed. (Hypothesis - past tense in independent clause and by
would + infinitive in main clause)
I'm surprised that he made that mistake.

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 I'm surprised at his making that mistake.
I'm surprised at his mistake.
If we see anything we will let you know.
If we saw anything, we would let you know. (Hypothesis)
If we had seen anything strange would have let you know.
If Monty hadn't been there you could have told the whole story.

Other hypothetical clauses

It's time you were in bed (but you're not in bed)
He behaves as if he owned the place (but he does not own the place)
It's not as if you were all the fond of Alice. (You are not fond of Alice)
Suppose the United Nation had the power to impose a peaceful solution (it does not have
the power)
If only she had kept her eyes open. (she didn't keep them open)
In your place, I would have taken the taxi. (I didn't take the taxi)

Were, were to, should

were-subjunctive
The subjunctive is a specific verb form. It usually expresses something that you wish for,
or a hypothetical rather than actual situation.
I would play football with you if I were younger.
If I were home secretary, I would impose no restriction whatsoever in such
matter.

Were to + infinite
If it were to rain tomorrow, the match would be postponed.

Should + Infinitive
If a serious crisis should arise, the government would have to take immediate
action.

Had, subjunctive were, putative should (condition with inversion)

Another type of hypothetical condition clause has no if, but instead begins with
an operator placed before subject.
Had they known, they would have more frightened. (If they had known...)
Were a serious crisis to arise, the government would have to act swiftly. (If a
serious were...)
Should you change your mind, no one would blame you. (If you should...)
In the negative clause beginning with had, were and should there is not
contracted form: instead Hadn't I known, etc. we have to say Had I not known,
etc.

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 Neutrality
In addition to fact, and hypothesis, there is a third type of situation in which the
speaker assumes neither truth or falsehood. We call this situation neutrality.
It's best for Sarah to be patient.
I want all of us to agree.
Open condition with 'if' or 'unless' are another case of a construction which is
neutral with regard to truth and falsehood:
It's best if Sarah is patient.
Unless we all agree, the whole project will collapse.
Did you know that the minister has agreed? (I'm telling you - the minister has
agreed.)
Do you know whether the minister has agreed? (please tell me)

Putative should
Putative "should" is the use of the word should in contexts that indicate surprise or
disbelief, or that refer to the occurrence (or possible occurrence) of some situation or
event. This usage differs from the should of obligation (i.e., the mandative "should").
Should can also be emotional should, attitudinal should, hypothetical should,

subjunctive should.
Should express a tentative condition in if clause. This is true both for hypothetical
and open condition.
If you hear the news, Jane, please let me know.
If you should hear the news, Jane, please let me know.
(We don't know from this whether or not Jane will hear the news.)

Putative should as neutral Idea rather than fact

Fact: The fact that the referendum will be held next month.
We know that the referendum will be held next month.
Idea: The idea that the referendum should be held next month.
Someone is suggesting that referendum should be held next
month.

Putative should in that clause

It's pity that you should have to leave.
I'm surprised that there should be any objection.
It's unthinkable that he should resign.
What gets me is that men should be able to threaten ordinary peaceful
citizen with bombs and bullets.
Putative in question and explanation:
How should I know?
Why should she have to resign?

Putative should as 'ought to'

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 He has urged that private firearms should be banned.

The subjunctive
In that clause
Congress voted that the present law continue to operate.

Conditional, contrast and purpose clauses

Whatever be the reason for it, we cannot tolerate disloyalty.
(whatever the reason for it may be...)

In certain idioms
God save the Queen!
God Bless Nepal.
If you want to throw your life away. So be it.
Bless you for coming.
Heaven forbid.

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 2.8 Degrees of Likelihood
Degree of likelihood - can, may must, that, probably, perhaps, necessarily, etc.
I may be wrong.
Somebody's car must have been leaking.
It's possible that you're right.
Perhaps there was some mistake.
You may feel better tomorrow.

Possibility - can, may, could, might

Possibility of fact
The railway may be improved.
It is possible that the railways will be improved.
Perhaps / possibly / maybe the railways will be improved.

Possibility of idea
The railways can be improved.
It is possible for the railways to be improved.

Can as sometimes
A good leather bag can last.
Lightning can be dangerous.
She's is very helpful, but she can be short-tempered.

Can for negation

He can't be working at this time. (impossible)
He may not be working. (it is possible that his not working.)

Can for question

Can he be working? (it is possible that he is working?)

Can for past time

In those days, one could be sentenced to death for a small crime.
Krasnikov may have made an important discovery.

Hypothetical: could or might

If someone were to come to the wrong conclusion, the whole plan could/might be ruined.

Tentative possibility (could, might)

He could/might have been telling lies.

Ability (can, be able to, be capable of)

He can speak English fluently.
Will you be able to meet me in London tomorrow.

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 She is capable of keeping a secret when she wants to.
I can't speak a word of German. (negation)
Can you drive a car? (question)
Marcus knew that I could play the piano a little. (past time)
By acting quickly we were able (could) save him from drawing.
I am so hungry, I could eat two dinners. (hypothetical)

Certainty or logical necessity (must, have to)

There must have been some misunderstanding.
You have to be joking.
Many people will certainly / necessarily/ inevitably lose their jobs.
Many people are certain/ sure / bound to lose their jobs.
Does there have to be motive for crime? (question)
Must we have slurping noises?
Strikes don't have to be caused by bad pay. (negation)
Don't worry, someone had to lose the game. (past time)
If I had to choose, I'd prefer this job to any other. (Hypothetical)

Prediction and predictability (will, must)

That must be my daughter.
They will have arrived by now.

Probability (Should, ought to)

Our guest must be home by now.
Our guest should/ought to be home by now.
He is probably the best chess player in the country.
They have very likely lost the way home.
There shouldn't be any difficulties. (negation)
Is there likely to be any difficulty in getting tickets? (question)
I'm sure that they can be trusted. (use of sure for must).

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 2.9 Attitudes to Truth
that clause - I know that his answer will be 'No'.
wh clause - I know what his answer will be.
Adverbials: obviously, without doubt
Without doubts, she is one of the best teachers in the school.
I hope, they can all be trusted. (I am certain, I don't doubt)

Certainty
Polly knew that she was being watched.
I'm certain that party will be success.

Doubt or uncertain
I am not certain / sure / convinced that he deserve promotion.
I doubt if many people will come to the meeting.
We have doubt about the risks everyone is taking.

Belief, Opinion
I believe the lecture was well attended.
She thinks she can dictate to everybody.
It is my belief that global warming will lead to widespread shift of population.

Assumption
We assume / suppose that you have received the package.
All passengers, I presume, have been warned about the delay.
I guess I am kid at heart.

Appearance
It seems / appears that no one noticed his escape.
No one seems / appear to have noticed his escape.

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 2.10 A communicative Grammar of English

Questions
Which do you think is the best - must, should, have to, must not, ought to
1. You should stop smoking, or you will die.
2. People have to drive more carefully.
3. Do you must wear a tie at work? (is there a rule?)
4. He ought to be on his way home now.
5. Passengers must not speak to the driver.
Put may, can, could, or might in the following expression:
1. May I use your phone?
2. He can hold it up.
3. We might hear a cat but couldn't see it.
4. She may arrive soon.
5. He said he could be late.
Use the verbs given below in sentences.
1. May (possibility) - It may rain today.
2. Can (ability) - I can speak English.
3. Must (obligation) - You must abide by rule.
4. Should (probability) - He should have fallen ill.
5. Ought to (probability) - It ought to be raining in Pokhara now.
Mention the attitude to truth of the following
1. We have no doubt of her honesty. <certain>
2. I believe that the lecture was reliable. <belief>
3. Law presumes that everyone knows the law. <assumption>
4. I am not sure of his arrival. <doubt>
Write short affirmations of the following
1. The book is interesting. Yes, it is.
2. I assume Mohan will be late. Yes, he will.
3. Your father looks well. Yes, he is.
4. Can you speak English? Yes, I can.
5. You worry too much. Yes, I do.

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 Unit 3: Grammar in Use: Section C and D (8 hrs)
3.1 Emotive Emphasis
3.2 Permission and Obligation
3.3 Friendly Communication
3.4 Vocative
3.5 Linking Signals
3.6 Dividing the Message into Tone Unit
3.7 Fronted Topic and inversion
3.8 Cleft Sentence (A Communicative Grammar of English)
3.9 Prepositions (Learner's Authentic English Grammar)

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 3.1 Emotive Emphasis
English Language is a means of communication between people. It often expresses the emotion and
attitude of the speaker and the speaker often uses it to influence the attitude and behaviour of the hearer.

Emotive emphasis in speech

Interjection.
Interjections are words whose main or only function is to express emotion. Common English
interjection:
Oh /oʊ/ (surprise):
Oh, what a beautiful present.
Ah /ɑ:/ (satisfaction, recognition, recognition):
Ah, that's just what I wanted.
Aha /ə'hɑ:/ (jubilant satisfaction, recognition):
Aha, these books are exactly what I was looking for.
Wow /waʊ/ (great surprise):
Wow, what a fantastic goal!
Yippee /jipi:/ (excitement, delight):
Yippee, this is fun!
Ouch /əʊtʃ/ (pain):
Ouch, my foot!
Ow /əʊ/ (pain):
Ow, that hurt!
Ugh /ug/ (disgust):
Ugh, what a mess.
Ooh /u:/ (pleasure, pain):
Ooh this cream cake is delicious.

Other way of giving emotion emphasis

Exclamation
What a wonderful time we've had!

Emphatic so and such

The whole place was such a mèss!
I am so afraid they'll get lòst.

Repetition (which also denotes degree = extremely)

This house is far, far too expensive.
I agree with every word you've said - every single word.
I think that the lectures are very, very boring.

Stress on the operator

They wìll be nice!
What áre you dòing?
We hàve enjoyed ourselves.

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 Nuclear stress on other words
I wìsh you'd sée to it.
I'm tèrribly sórry!

Intensifying adverbs and modifiers

Well that's very nice indeed.
We are utterly powerless.

Emphasis
You can intensify the emotive force of wh-question by adding ever, on earth etc to wh word.
How ever did they escape? (I just can't imagine)
Why on earth didn't you tell me. (How silly of you!)
What the hell does he think he's doing (The idiot!)

Emphatic negative
One can intensify a negative sentence by adding 'at all' after the negative word or in a later
position in the sentence.
The doctor found nothing at all the matter with him.
She didn't speak to us at all.
They weren't a bit apologetic.
You have no excuse whatever.
We arrived not a moment too soon.

Fronted negation
Not a penny of the money did he spend.
Never have I seen such a crowd of people.

Exclamatory and rhetoric questions

An exclamatory question is yes-no question spoken with an emphatic falling tone, instead of rising
tone.
Hasn't she gròwn! (she's grown very very much!)
Wasn't it marvellous còncert!

A rhetoric question is more like forceful statement than an exclamation.

Positive
A positive rhetoric question is like a strong negative statement:
Is this a reason for saving nó one? (Surely that is not a reason)

Negative
A negative rhetoric question is like a strong positive statement.
What difference does it make? (It makes no difference.)
Didn't I tèll you he would forgét? (You know I told you)
Describing emotion

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 An emotive reaction to something can be expressed by the preposition at, with, about, by:
I was alarmed at his behaviour.
An audience will always laugh at a good joke.
I was furious with him for mission that penalty.
Is she pleased with his present?
As a former champion, he was annoyed about his own failure and resentful of the success
of others.
She was very surprised by your resignation from the club.
They were alarmed to find the empty.
I am sorry to have keep you waiting.
We're anxious that everything should go smoothly.
It's amazing that so many passengers were unhurt.

Sentence adverbials expressing emotion

To my regret, he did not accept our offer.
Surprisingly, no one has objected to the plan.
Amazingly, the dog survived.
Fortunately, we were outside the building when the fire started.

Liking and disliking

Verbs such as like, love, hate and prefer can be followed either by a noun phrase object, by a to
infinite clause or by an -ing clause.
She likes/loves/hates parties/ to give parties / giving parties.

Preference
Prefer means like more or like better. The rejected alternative is expressed by a to-phrase or by
a clause introduced by rather than.
Most people prefer trains to bus.
They prefer renting a car to have one of their own.
They prefer to rent a car rather than to have one of their own.
Rather than to buy a car of their own, they prefer to rent one.
Rather than buying a car of their own, they prefer renting one.
Instead of buying a car of their own, they prefer renting one.

Some other emotions

Hope
I hope to see you soon.
Hopefully, next spring will bring an improvement in the economic situation.
I hope he arrives on time.
I am hoping that they get that letter tomorrow.

Anticipation of pleasure
I am looking forward to receiving your reply.
I know we'll enjoy meeting you again.

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 Disappointment or regret
I am disappointed that the match has been cancelled.
It's shame/pity that this is the last party.
I'm sorry to hear that you have to leave.

Approval
I approve of the plan. I approve the plan.
I like the new boss.

Disapproval
I don't like the way she dressed.
I don't care for iced tea, actually.
Disapproval can often be expressed more indirect by means a question:
Did you have/need to work so late?
Why did you do a thing like that.

Surprise
It's surprising/amazing/ astonishing that so many people come to these meetings.
What a surprise! How amazing!

Concern, worry
I am concerned / worried that our money will be used unnecessarily.

Volition: willingness, wish, intention, insistence

Willingness
Will you lend me those scissors for a minute or two?
Ok, I will.
We tried to warn them about the danger, but no one would listen. (past)
My boss is so greedy, he would do anything for money. (hypothetical)

Wish
I want you to read this newspaper report.
The manager wishes to thank you for your cooperation.
I wish you would listen to me.

Intention
The verbs tend, intend, mean, plan and aim express intention
He intends/plans/aims to arrest them as they leave the building.
The remark was meant/intend to hurt her.
Insistence
He insists on doing everything himself.
We are determined to overcome the problem.

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 3.2 Permission and Obligation
Permission and Obligation
Permission: can, may, etc.
Can we sit down in here? Yes you can.
May I speak to you for a minute?
Are we allowed to use the swimming pool?
The detainees could leave camp only by permission of the governor (past)
If you were student, you could travel at half price. (Hypothetical)

Obligation or compulsion: must, have to, etc.

You must be back by 2 o'clock.
You'll have to be back 2 o'clock.
I have to sign your name here.
The university requires all students to submit their work by the date.
Beckham had to withdraw from the match because of injury (past)
If you went abroad, you would have to earn your won living. (hypothetical)
Why have you got to work so hard? (question)
We don't have to pay for the digital equipment. (negation)

Other ways of expressing obligation: should, ought to etc.

All students should submit their work by given date.
He needs to practise more.
You'd better be quick or you'll miss the train.
He'd better not make another mistake.
The society's nominating committee shall nominate one person for the office of president.

Prohibition
Children may not use the swimming pool.
You must not tell anyone about this letter.
She shouldn't be so impatient.
You oughtn't to waste all the money on smoking.
We'd better not wake the children up.

Influencing people
Command
With aim of getting someone to do something a direct command can be used.
Shut the door.
Follow me.
Just look at this mess.
Don't worry about me
Don't be a fool.
Help yourself!
Don't overdo it!
You must be careful.

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 Out with it!
This way!
Here!

Command with grammatical subjects

You take thís tray and you take thàt one.
Jack and Susan stand over thère.
Somebody open this dòor, please.
You mind your own bùsiness!
Will you be quìet!

Weakened Command
Be cǎreful.
Don't forget your wállet.
Plèase hurry ùp.
Thìs way, pléase.

Request
Will you make sure water's hót?
Would you please tell me your phóne number?
Can anyone tell us what the tíme is?

Polite form of request

I wouldn't mind a drìnk, if you have one.
Would you mind starting over agáin?
I wonder if you could put me on your màiling list, please.
I would be very grateful if you would tèlephone me this afternòon.
I would appreciate it if you could...
Would you kindly...?

Advice and suggestion

Advice
You should stay in bed until you start to recover.
You ought to keep your money in a bank account.

Suggestion
I suggest they take the night train.
You can read these two chapters before tomorrow.
You could lose six to eight pounds, Missy.

Suggestions involving the speaker

I suggest we got to bed early and make an early start tomorrow.
Shall we listen to some music?
Let's not waste time.

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Reported command, request
Direct speech: 'Put on your space-suit,' he said.
Indirect speech: He told/ordered/instructed them to put on their space-suit.

Reported prohibition, refusal

They were forbidden to smoke.
They were prohibited from smoking.

Warning, Promises and threats

Warning
Mind (your head)
Look out!
Be careful (of your clothes)
I warn you it's going to be foggy.
If you're not careful, the pan will catch fire.

Promises
I'll let you know tomorrow.
I promise it won't hurt.
Can I borrow your road atlas? I promise to bring it back.

Threats
I'll report you if you do that again.
Don't you dare talk to me like that.
You dare come near me with that silly spray!
Touch me, and I'll tell your mother.
Stop eating those sweets, or I'll take them away.

Reported prohibitions, refusals

Reported Warning
Jim Moore warned parents to keep children away from the area.
They warned us of/about the strike.

Reported promises
He promised / undertook to let me know.
Olly has promised Billy to take him fishing next Sunday.

Threats
She threatened to report me to the police
The manager has threatened that they will lose their jobs.

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 3.3 Friendly Communication
Friendly Communication

Beginning and end conversation

Hì. Helló.
Good mòrning. Good afternòon. Good èvening.

Farewells
Goodbýe.
Býe. <familiar>
Sèe you. <familiar>
See you at six o'clòck, <familiar>

Introduction
May I introduce Miss Brówn.
This is Gordon Mckèag.

Greeting on introduction
How do you dò? <formal>
Glad to mèet you
Hì <familiar especially AmE>
How are yòu?
Helló. <informal>

Small talk
How are yòu?
How are you getting òn? <familiar>
How's thìngs? <very familiar>
How are you dòing. <familiar>

Beginning and ending letters

Formal official letter
Dear sir,/ Dear Madam
With reference to your letter.....
Yours faithfully

Less formal letter

Dear Dr. Smith / Miss Brown / George,
Thank you for your letter of ......
(With best wishes,)
Yours sincerely <BrE>
Sincerely (yours) <AmE>

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 Informal letter
Dear George,
...
(Best wishes)
Yours (ever)

More intimate
My dear George / Dearest George
....
Love from

Thanks, apologies, regrets

Thanks
Thànk you (very much). Thanks very mùch.
Thànks.

Responses to thanks
Not at àll.
You are wèlcome.
Thàt's all ríght.

Apologies
(I'm) sǒrry.
(I bèg you) párdon.
Excǔse me.
I am extrèmely sorry.

Responses to apologies
Thàt's all right.
Please don't wórry.

Regret
I'm sorry I couldn't come in to congratulate you.

Good wishes, congratulation condolences

Good wishes
Good luck
Best wishes for your holiday ǁ vacation.
Have a nice day <esp. AmE>
Have a good time at the theatre.
I wish you every success in your new career. <more formal>

Good wishes sent to a third person

Please give my best wishes to Sally.

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 Please remember me to your father.
Please give my kindest regards to your wife.

Seasonal greetings
Marry Christmas.
Happy New Year.
Happy birthday.
Many happy returns.

Toast
Good health. <formal>
I propose a toast to your good health. <formal>
Cheers! <familiar>
Here's to the future. <familiar>
Your health. <formal>
Here's to your new job. <familiar>

Condolences
Please accept my deepest sympathy on the death of your father. <formal>
I was extremely sorry to hear about your father/that your father has been so ill.
<informal>

Congratulations
Well done <familiar> (for a success or achievement)
Congratulations on your engagement.
I was delighted to hear about your success / that you won the competition.
I congratulated The Times on the high quality of its reporting.
May we congratulate you on your recent appointment. <formal.>

Offer
Would you like another couple of slices of túrkey?
Would you like me to mail these létters?
Shall I get you a cháir?
Can I carry your bágs upstairs?
Do you want us to drive you hóme?
Want some sóup?
Yès, pléase.
Nò, thank you.

Invitation
Come in and sit dòwn. <familiar>
Would you like to come with mé?

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 3.4 Vocative
Vocatives (address)
To get attention or to select your address one can use a vocative such as John, Mr. Johnson, Dr.
Smith.
Vocatives can also be used more generally to mark the speaker's relation to the hearer. Nowadays
by far most common forms of address are given names (Susan, Peter, etc.).
<familiar> use of vocatives - dad(dy), mum(my), you, guys, (my) dear, darling, honey <AmE>
Sir, madam - vocatives marking respect to a stranger.
Did you order a taxi, madam?
Ladies and gentlemen - <formal> opening of speech
My Lord (to peer, a bishop, a British judge)
Your honor (to an American judge)
Your Excellency (to an ambassador)
Mr. President
Prime Minister
Father (priest)
Doctor (medical doctor)
sister (nurse)
Excuse me, Pardon me!

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 3.5 Linking Signals
Linking signals
Whether in speech or in writing, one help people to understand his/her message by signaling how one
idea leads on from another. The words and phrases, which have this connecting function, are like
'signposts' on a journey. Most of them in English are sentences adverbials, and they generally come at
the beginning of a sentence.

Making a new start or a transition

Well and now
A: You remember that puppy we found?
B: Yes.
A: Wěll, we adopted it, and now it has some puppies of its own.
Here, well means 'I am going to tell you something new'.

Changing the subject: Incidentally or by the way

I Think I've a bit absent-minded over that letter. Incidentally / by the way, this fax machine
doesn't seem to be working properly.

Listing and adding

In <writing> and <formal speech>
One can list a series of points by such adverbs as 'firstly' (or first), second(ly), next, last(ly)
(or finally)
Phrases such as to begin with, 'in the second place' and 'to conclude' can be used
Similar to those adverbials are 'also', 'moreover', 'furthermore', 'what is more'.
In spoken debate or discussion 'and another thing', and 'I might add' are used.

Reinforcement
'Besides' 'in any case', in 'fact' and 'anyway' show additional point in an argument.
Ray won't have any proof of my guilt. Besides he doesn't suspect me of having any
connection with the recent robberies.

Summary and generalization

To lead into a brief summary of point already, one can write 'in a word', 'in short' or to
'sum up'.
The foundation could be custodian of a central fund of charities. It could plan and finance
a stock of books, tapes and films. In a word, it could do plenty.

Explanation
A point already made can be explained in three ways:
By expanding and clarifying its meaning: that is, that is to say, i.e.
It is important that young children should see thing, and not merely read about
them. That is, the best education is thought direct experience and discovery.

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 By giving a more precise description: namely, viz
A good example in a plant, namely wormwood.

By giving an illustration: for example for instance, e.g.

Role playing can be done for quite a different purpose. For example, a sales
presentation can be evaluated through role-playing.

Reformulation
Sometimes, to make our ideas clearer, we explain or modify them by putting them in
other words. Such reformulation can be introduced by adverbials like 'in other words',
'rather', 'better'.
Be natural. In other words be yourself.

Linking clauses and sentences

Grammar provides three main ways of putting clauses together
Coordination: Conjunction - and, or, but, both, else, not only, but also, either etc.
Subordination: When, if, because, unless, as well as, otherwise
Adverbial links: moreover and meanwhile, otherwise, what's more, alternatively.

Contrast:
Coordination: but, however (The conservation went on but Rebecca stopped listening.)
The conversation went on but Rebecca stopped listening.

Subordination: although, though, still

Although Quebec did not break its ties with the rest of Canada it did not feel itself
part of the confederation.

Adverbials: however, nevertheless

In theory, most companies would like to double their profits in a year. However,
few could really handle it, and most companies wouldn't even try.
For a stronger and more emphatic link, occasionally we find a combination of a
sentence adverbial with coordination or subordination.
He was extremely tiered, but he was nevertheless unable to sleep until
after midnight. (coordination + adverbial)
Although he was suffering from fatigue as result of the long journey, yet
because of the noise, he lay awake in his bed, thinking over the event of
the day until the early hours of the morning. (Subordination + adverbial)

Other meaning links

Time-When
Coordination: and (then) (Penelope stopped the car and rolled down the window.)
Subordination: after (After chatting to Davidson for a few minutes longer he went back
to his office.

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 Adverbials: then (She studied the letter for a long time. Then she turned back to Wilson
and smiled.

Cause, reason, result

Coordination: therefore (She ran out of money, therefore had to look for job.)

Subordination: So (that) (Since a customer had arrived in the shop, Samantha said no
more. The prisoners had a secret radio, so that they could receive message from the
outside world.)

Adverbials: therefore (When children reached the age of 11 or 12, they start growing fast.
They therefore need more protein.)

Positive Condition
Coordination: Take this medicine, then you'll feel better.

Subordination: If you take this medicine, you'll feel better.

Adverbial: You ought to take your medicine regularly, as doctor ordered. You feel better
then.

Negative Condition

Coordination: You'd better put your overcoat on or (else) you'll catch a cold.

Subordinate: Unless you put your overcoat, you'll catch a cold.

Adverbials: I should wear an overcoat if I were you; otherwise, you'll catch a cold.
Condition + Contrast
Subordination: However much advice we give him, he (still) does exactly what he wants.
Adverbials: It doesn't matter how much advice we give him: he still does exactly what he
wants.

(Coordination alone cannot indicate condition + contrast.)

Addition
Coordination: She's (both) a professional artist and a first rate teacher. She's not only a
professional artist, but (also) a first rate teacher.
Subordination: As well as (being) a professional artist (also), she's (also) a first rate
teacher.
Adverbials: She's well known all over the country as professional artist. What's more,
She's a first-rate teacher.

Alternatives

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 Coordinator: We can (either) meet this afternoon, or (else) we can discuss the matter at
dinner.
Adverbials: Would you like us to have a meeting about the matter this afternoon?
Otherwise we could discuss it at dinner.
(Alternatives cannot be expressed by subordination.)

General purpose links

(a) Relative Clauses
(b) Participle and verbless clauses
(c) Grammatically unlinked clauses
(a) Relative Clauses
We have arrived at the hotel and find it very comfortable.
We have arrived at the hotel, which we find very comfortable.
He's spending too much time on sport, and that's not good for his school work.
He's spending too much time on sport, which is not good for his school work.

Restrictive Clause
Reason
I don't like people who drives fast cars.
(Because they drive fast cars, I don't like them)

Time-when
The man I saw was wearing a hat.
(When I saw him, he was wearing a hat)

Condition
Anyone who bets on horses deserves to lose money.
(if anyone bets on horses, he or she deserves to lose money.)

(b) Participle and verbless clauses

Reason
Being an only child, she had never seen a baby without its outer wrapping.
(As she was an only child...)

Time-when
Cleared, the site will be very valuable.
(when it is cleared...)

Condition
Cleared, the site will be very valuable.
(If it is cleared...)

Means
Using a sharp axe, they broke down the floor.

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 (By using a sharp axe...)

Reason
She stared silently at the floor, too nervous to reply.
(... because she was too nervous...)

Unlinked clauses
Two neighbouring clauses may be grammatically unlinked. For example, they may
be separated in writing by a period (...) or semi colon (;) a colon (:) or a dash (-).
He loaded the pistol carefully; he took aim... a shot rang out.
She had to look for a job - she had run out of money.
Take this medicine: it'll make you feel better.

Cross reference and omission

Cross reference - (using pronoun for noun phrase)
My brother was wearing a raincoat. So My brother didn't get wet.

Omission
My brother was wearing a raincoat so (he) didn't get wet.

Cross reference to noun phrase

3rd person pronouns: he, she, they, etc.
Henrietta looked down at her left hand. It was covered with blood.
I know Red and Handley well. They are both painters.
He hurt himself. She hurt herself. They hurt themselves.
The house which was destroyed...

1st and 2nd person pronouns

You and I should get together sometime and share our ideas.
My wife and I are going to Argentina. We hope to stay with some friends.
You and john can stop work now. You can both eat your lunch in the kitchen. (agreement
you as plural)

Special cases
Quantifiers: everybody, somebody, no one and anyone
Everybody looked after themselves.
One of the most important things anyone can do in business is consider his or her
future connections.

Group nouns
It is a family which traces its history from the Norman Conquest.
They are family who quarrel among themselves.

Quantifier pronouns as substitute for noun phrase: one, some, each, none

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 Would you like a cup of tea?
No, thanks - I've just had one. (Singular count noun)
Can you give me a few stamps? (Plural count noun)
I need some for these postcards.
Some of the equipments has been damaged but none has been lost. (mass noun)

Substitutes for nouns and parts of noun phrases

Have you seen any knives? I need a sharp one.
(plural of one is ones)
Which wine would you like? The red or the white?
This house is bigger than my last. (omission)
The hole was about as big as that made by rocket. (that for one)
The plumage (feathers) of male pheasant is more colorful than that of female. (that for
mass noun)

Substitutes for structures containing verbs do

She does not work any harder than Burt does.
She does not work hard as Burt.

Omission following an operator

I'll open a bank account if you will.

The main verb do: do it, do that, do so

If we want to preserve our power, this is the way to do it.

So after a verb, and omission after a verb

The government won't provide the money - I have heard the minister say so.

Substitute for wh-clause

Someone has hidden my notebook but I don't know who.

Substitute for to-infinitive clause

Why don't you come and stay with us?
I'd love to.

It, that, this as clause substitute

If you make a sound, you'll regret it.
She is having a baby. How did you know that?
Omission through coordination
George Best travelled fearing the worst, but was pleasantly surprised.
(but he was pleasantly surprised)

Omission in non-finite clause

I hope to get in touch you soon.

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 (I hope that I will get in touch with you soon.)
Coming home late one evening, I heard something which made my blood freeze in horror.
(When I was coming home...)

Omission of verbless clause

Whether right or wrong, he usually wins the argument.
(whether he is right or wrong...)

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 3.6 Dividing the Message into Tone Units
The nucleus

Not all stressed syllables are of equally important. Some stressed syllables have greater
prominence than others, and form the nucleus, or focal point of an intonation pattern. We may
describe a nucleus as a strongly stressed syllable, a major change of pitch direction, i.e. where the
pitches up or down.

She's going to the States.

Change of pitch on the nucleus is indicated by an arrow.

She's is going to the States.

(The nucleus marks a fall in pitch towards the end of the sentence. As a nucleus is always stressed,
there is no need to put a stress mark before it.)

Tone units

The basic unit of intonation in English is the tone unit. (other names you may meet are intonation
unit, information unit and chunk). A tone unit is a stretch which contains one nucleus. It may also
contain other stressed syllables normally preceding the nucleus. The boundaries of a tone unit is
marked by a vertical bar |.

| She's is going to the States |

Sentence often contains more than one tone unit. The number of tone units depends on the
length of the sentence, and the degree of emphasis given to various parts of it.

This department needs a new chairperson.

This sentence normally has one tone unit:

| This department needs a new chairperson |

It can have two tone units:

| This department | needs a new chairperson |

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Emphasis is given to this department and not to other departments.

| This is the kind of pressure that it's very difficult to resist. |

| This is the kind of pressure | that it's very difficult to resist. |

| This is the kind | of pressure | that it's very difficult to resist. |

Tones

Tone means the type of pitch change which takes place on the nucleus.

The three most important tones in English are:

Falling tone: tòwn Chàucer | What's the name of this tòwn? |

Rising tone: tówn Cháucer | Are you going to tówn today? |
Fall-rise tone: tǒwn bìg tówn | I can't allow you to do thǎt? |

These Sentences can also be presented in following way:

What's the name of this town

| It's not like a lecture on Cháucer| or Éliot | or something of thàt kínd |

| Our chair is very stròngly of the opínion| that we àll ought to go on téaching | to the end of tèrm
|

The tone of nucleus determines the pitch of the rest of the tone unit following it.

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1. After a falling tone, the rest of the tone unit is at a low pitch:

(Ann is getting a new job,) | but she hasn't told me about it|

2. After a rising tone, the rest of the tone unit moves in an upward pitch direction:

(Ann is getting a new job.) | Has she told you about it|

3. The fall-rise tone consists of a fall in pitch followed by a rise. If the nucleus is the last syllable
of the tone unit, the fall and rise both take place on one syllable - the nuclear syllable.
Otherwise, the rise occurs in the reminder of the tone unit.

| but it wasn't his fǎult |

| but he said he was sǒrry |
| but he didn't mèan to dó it |

Meanings of tones

121
1. Roughly, falling tone expresses 'certainty', 'completeness', 'independence'. A straightforward
statement normally ends with a falling, since it asserts a fact of which the speaker is certain.
It has an air of finality.

| In this lecture I want to enlarge on the relation between grammar and lèxis |

2. A rising tone expresses 'uncertainty' or incompleteness or 'dependence'.

a. A yes-no question usually has a rising tone, because the speaker are uncertain of the truth
of what they are asking about.

| Can I help yóu? |

Because of the typical tone heard in a yes-no question it is rising tone, this intonation is
often referred to as 'question intonation'.

b. Mostly Wh-questions have falling tone.

| Why are you lèaving?|

c. A question put in the form of a grammatical statement depends in speech on a question

intonation with a rising tone.

| You got home sáfely then?|

d. Making a new start in the train of thought often has a rising intonation.

| Wèll | what do you suggest we do nòw?|

e. Parenthetical and subsidiary information in a statement is also often spoken with a rising
tone. The reason is that this information is incomplete and dependent for its full
understanding on the main assertion.

| If you lìke | we can have dinner at mỳ place tonight.|

f. Encouraging or <polite> denials, commands, invitations, greetings, farewells, etc are

generally spoken with a rising tone.

| Are you búsy?|

| Nó | (´Please interrupt me if you wish´) ˈDo sit dówn |

3. A fall-rise tone combines the falling tone's meaning of 'assertion, certainty' with the rising
tone's meaning of 'dependence, incompleteness'. At the end of a sentence, it often convey a

122
 feeling of reservation. It asserts something and at the same time that there is something else
to be said. There is often an implied contrasts.

| That's mỳ sígnature | (it must be somebody else's)

| Do you like póp-music? |

| Sǒmetimes | (but not in general)
| Are you búsy? |
| Not rěally | (Well, I am, but not so busy that I can't talk to you)

At the beginning or in the middle of a sentence, the fall-rise tone is a more forceful alternative
to the rising tone, expressing the assertion of one point, together with the implication that
another point is to follow:

| Mòst of the tíme | we stayed on the bèach |

| Most yǒung people | take plenty of èxercise|
| He's not a relǎxed lecturer | but he's a drǐving lecturer|

A meaning which can be expressed by intonation may have to be expressed by a different

grammatical construction in writing.

| you don't see a fox every dǎy |

It is not every day that one sees a fox. <writing>

Conversation in transcription

Intonation indicates following:

1. Tone unit: To highlight the chunking feature of speech, there is one tone per line, with |
making the end of each tone unit.
2. Tones: There are three tone types: falling tone (dò), rising tone (dό) and fall-rise tone (dǒ).
3. Pauses: Indicated by dash (-)

| Well | I had some people to lunch on Sùnday |

and - they turned up half of an hour èarly | - (laugh) -
I mean you know what [g] getting up Sùnday líke |

Presenting and focusing information

For a message to be properly understood:
1. The message has to be cut up individual pieces of information;
2. The ideas have to be given the right emphasis;
3. The ideas have to be given in the right order.

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 Pieces of information
In <written> English a, piece of information can be defined as piece of language which is separated
from what goes before and from what follows by punctuation marks. (.,;:-?!), and which does not
itself contain any punctuation marks. In Spoken English, a piece of information can be defined a
tone unit, i.e. a unit of intonation containing a nucleus.

Dividing the message into tone units

There is no exact match between punctuation in <writing> and tone units in <speech>. It is more
variable in its structure of information than writing. Cutting up speech into tone units depends
on:
a. The speech at which you are speaking,
b. What emphasis you want to give to part of message,
c. The length of grammatical units.
For guidance, the following general rules are used in knowing when to start a new tone unit:
If a sentence begins with a clause or adverbial phrase give the clause or adverbial element
a separate tone unit:
| Last yéar | the IT bubble bùrst. |
If a sentence contains a non-restrictive modifiers (pointer words: this, that) such as a non-
restrictive relative clause (wh-pronoun), give the modifier a separate tone unit:
| The emergency service were hampered by thick smòke | which spread quǐckly
| through the stàtion. |
Similarly, give any medial phrase or clause a separate tome unit:
| The gòvernment, | In Mr. Hǒwell's view, | must ensúre | that we have enough
ènergy. |
A vocative or linking adverb usually has its own tone unit (or at least end a tone unit):
| Mǎry, | are you cóming? |
| The polìce, | howéver, | thought she was gùilty. |
Give a separate tone unit to a clause or long noun phrase acting as a subject:
| What we néed | is plenty of tìme. |
If two or more clause are coordinated, give them each separate tone unit:
| I opened the dóor | and walked straight ìn. |
Give a separate tone unit to each separate piece of information, even if none of the above
conditions apply:
| The college emplóys | a number stáff | without qualified tèacher status. |

End-focus and contrastive focus

Sometimes speaker shift the nucleus to other part of tone unit, which is contrast to the normal or
understood context. Placing such focus is contrastive focus.
| It must have last Mònday. | |Nò| | It's nèxt Monday. |
| She was speaking to mè. | (not to other)
| I know he works in an òffice. | but who does he work fòr? |
| Have you sèen Peter? | But, ìf you see him | Please gìve him my good wishes. |

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Given and new information
Information in message can be divided into:

Given information (Speaker assumes the hearer knows about it already)

New information (something which the speaker does not assume the hearer knows about)
| Do you like Picásso? |
| No, I hàte modern painting |
Here given that Picasso is a modern painter.

Main and subsidiary information

One gives falling tone to main information and rising tone to subsidiary information.
| I saw your bròther | at the game yésterday. | (adverbials)
Main Subsidiary
| Yès | watching fǒotball | is his favourite pàstime.|
subsidiary main

End-focus and End-weight

 In writing, one cannot point important information by using intonation and he/she has to
rely on ordering and subordination of clauses.
 The general rule is to put important new information at the end and this is end focus
principle.

Arguments in favour of a new bǔilding plan, said the máyor, included suggéstions that if
a new shopping centre were not búilt, the city's tràffic próblem would soon become
unmànageable.

 End-focus: The new or most important idea or message in a piece of information should
be placed towards the end, where in speech the nucleus of the tone unit normally falls.
 End-weight: The more weighty part(s) of a sentence should be placed towards at the end.
 Contrastive focus: Sometimes nucleus of a tone unit is shifted to the front or earlier
position.

End-focus, End-weight
My home was that wasteland of derelict (broken down) building behind the morgue.
Contrastive focus
The wasteland of derelict building behind the morgue was my home.

Order and emphasis

Topic
 First position in a sentence is the second most important, because it is usually the part of
the sentence which is familiar territory.
 From familiar territory one begins the sentence as a mental 'journey into the unknown'.
 The first element in a clause (leaving aside conjunction and many adverbials) is the topic.

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 In most statement, the topic is the subject of the sentence. If the statement has only one
tone unit, usually the topic does not receive focus, because it often contains old (given)
information and links in the statement in meaning to what was said before.

(Have you seen Bill?) He owes me five dollars.

(Have you seen Bill?) (Information already provided) He (topic) owes me five dollars.
(information focus)

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 3.7 Fronted Topic and inversion
Fronted Topic
 Instead of the subject, one can make another element the topic by moving it to the front
of the clause or sentence.
 The shift, called fronting, gives that element a kind of psychological prominence with
these three effects:
(a) Emphatic topic
(b) Contrastive topic
(c) Semi-given topic

Emphatic Topic
Here speaker fronts an element (a complement) and gives nuclear stress.
| Very strànge | his eyes lóoked. | (His eyes looked very strange.)
| An utter fòol I felt I tòo | (I, too, felt an utter fool.)
| Relaxàtion you call it. | (You call it relaxation)
|Excellent fòod they serve here. | (They serve here excellent food.)

Contrastive Topic
Here the fronting helps to point dramatically to a contrast between two things mentioned
in the neighbouring sentences or clauses, which often have parallel structure.
| Sòme things | we'll tèll you. | (We'll tell you some things.) (object)
| But sǒme | you'll have to find out about yoursèlf. | (You'll have to find out about
yourself, but some.) (complement)
| Blòggs | my name is | (My name is Bloggs.) (complement)
| So Blòggs | you might as well càll me | (So, you might as well call me Bloggs.)
(complement)
| Wǐllingly | he will nèver do it. | (He will never do it willingly.) (adverbial)
|Rǐch | I mày be | (I may be rich.) (complement)

Semi-given topic
A computer could solve easily most of these problems.
Most of these problems a computer could solve easily. (Object)
For corporate thinking a thousand delegates are too many.
A thousand delegates are too many for corporate thinking. (subject/complement)
The administrative has attended to already everything that can be done.
Everything that can be done the administrative has attended to already. (prepositional
object)

Inversion

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Auxiliary Verbs
Auxiliary verbs are helping verbs. They are a small class of words including primary auxiliaries like
'be' and modal auxiliaries like 'can and will'. Auxiliaries do not make up a verb phrase on their own
but help to make up a verb phrase in combination with a main verb.

The auxiliary verbs do:

Positive Uncontracted Negative Contracted
negative
Present 3rd person singular does does not doesn't
rd
present not 3 person do do not don't
singular
past did did not didn't

The auxiliary verbs have

Positive Negative
Uncontracted Contracted Uncontracted Contracted
base have 've have not, 've haven't
not
s form has 's has not, 's not hasn't
past had 'd had not, 'd not hadn't
-ing form having
-ed participle had

Modal Auxiliaries:
The modal auxiliaries do not have -s forms, -ing forms, or -ed participles. Can, may, shall, will have
special past form could, might, should, would. The other modal auxiliaries (must, dare, ought to,
used to) do not have such forms.
Positive Uncontracted negative Contracted Negative
can cannot, can not can't
could could not couldn't
may may not mayn't (rare)
might might not mightn't
shall shall not shan't (rare) (<AmE>)
should should not shouldn't
will, 'll will not 'll not won't
would 'd would not, 'd not wouldn't
must must not mustn't
ought to ought not to oughtn't to
use to use not to didn't use to, usedn't to
need need not needn't
dare dare not daren't

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 Fronting is often accompanied by inversion that is not only topic element but the verb phrase,
part of it, so moved before the subject.

Subject-verb inversion
Subject Verb Verb Subject
The rain came down in torrents. Down came the rain in torrents.

Subject-operator inversion
Subject Operator Operator Subject
I have never seen him so angry. Never have I seen him so angry

Subject Operator Operator Subject

I never saw him so angry Never did I see him so angry.

Subject verb inversion is normally limited as follows:

 The verb phrase consists of single verb word in the past or present tense.
 The verb is an intransitive verb of position (be, stand, lie) or verb of motion (come, go,
fall, etc.)
 The topic element is an adverbial of place or direction. (Down, here, to the right, away)
A pen is here, Bendra.
Here is a pen, Bendra.
Mckenzie comes here.
Here comes Mckenzie.
Your friends are there, look.
Look, there are your friends.
The castle stood in its mediaeval splendour at the summit there.
There, at the summit, stood the castle in its mediaeval splendour.
Pillars lie to the right of the hall entrance.
To the right of hall entrance lie pillars.
The car went away like a whirlwind
Away went the car like a whirlwind
The gigantic aircraft rolled out of the hanger slowly.
Slowly out of its hanger rolled out the gigantic aircraft.
It is here.
Here is it.
They go away.
Away do they go.
Your friends are there.
There are your friends.
There are too many people.
Too many people are there.

Subject operator inversion

In most questions, subject and operator are obligatory.

129
 Can you swim?
He did not say a word.
Not a word he said. Not a word did he say.
The door should not be left unlocked under no circumstances.
Under no circumstances should the door be left unlocked.
Inversion is obligatory after the fronting of the negative meaning such as never,
hardly, scarcely, few, little, seldom, rarely, nor, (not) only
I had hardly left before the trouble started.
Hardly had I left before the trouble started.
He little realised how much suffering he had caused.
Little did he realize how much suffering he has caused.
Little he realised how much suffering he has caused.
French Admiral, Jean de Vienne was opposing him.
Opposing him was French Admiral Jean de Vienne.
All manner of chests and trunks were neatly ranged against the rock walls.
Neatly Ranged against the Rock wall were all manner of chest and trunks.

Fronting with so
So as substitute from with subject-operator inversion.
I have seen the play. So have I.
I have enjoyed the play. So did my friend.

So as substitute from without inversion

You've spilled coffee on your dress. So I have.
It's raining hard outside. So it is.

So introducing a clause of degree or amount

He played so well that he was named man of the match.
He did play so well that he was named man of the match.
So well did he play that he was named man of the match.

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3.8 Cleft Sentence (A Communicative Grammar of English)
Other construction affecting the topic

Cleft Sentence (it-type)

The cleft sentence construction with introductory it is useful for fronting an element as topic and
also for putting focus (usually for contrast) on the topic element. It does this by splitting the
sentence into two halves, highlighting the topic by making it the complement of it+be:
I want to read the other book
It's the other book that I want to read.
Industrial power in the north of England brought new prosperity to the country.
It was in the north of England that industrial power brought new prosperity to the country.
Not low pay we object to but extra responsibility.
It's not low pay we objet to, its extra responsibility.

Cleft Sentence (wh-type)

A nominal relative clause like an it-cleft sentence can be used to highlight one element for
contrast. It can be either subject or complement of the verb (the subject position is more
common):
We need more time
It's more time that we need. (it-type)
What we need is more time. (wh-type)
More time is what we need. (wh-type)
Our neighbour bought a new car last year.
It was our neighbour who bought a new car last year. (it-type)
It was new car that our neighbour bought last year. (it-type)
It was last year that our neighbour bought a new car. (it-type)
What our neighbour bought last year was a new car. (wh-type)

Comparison between it-type and wh-type cleft sentences

It type Wh-type
Adverbial phrase or prepositional phrase Noun phrase and nominal clause
It was only recently that I noticed the
leaked in the roof.
It was in 1896 that he went to Europe on
his first mission
- It was on this very spot that I first met
my wife.
It was on this very sport where I first met Where I first met my wife is this very spot.
my wife. When the countryside is most beautiful is
It is the autumn that the countryside is Autumn.
most beautiful. Where the rebellion was finally defeated
is Culloden.

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It was at Culloden that the rebellion was -The person who met us was the
finally defeated. ambassador.
-It was the ambassador that met us.
Who she is is a brilliant reporter.
What he's done is spoil the whole thing.
What he'll do is spoil the whole thing.
What he's done is to spoil the whole
thing.
What he's done is spoilt the whole thing.
What he's doing is spoiling the whole
thing.
This is where I first met my wife.
This is how you start the engine.
(Are you trying to wreck my career?)
Because that's what you're doing.
(I had difficulty starting the car today.)
That is what always happens when I leave
it out in cold.

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 3.9 Prepositions (Learner's Authentic English Grammar)
 Preposition is a word usually placed before a noun or pronoun to show the relationship between
noun or pronoun and another word in the sentence.
 Kinds of Preposition:
1. Simple (one word)
about, above, across, after, along, against, amid(st), around, at, besides, beyond, between,
below, betwixt (in the interval), behind, beneath, but, before, despite, during, except, from,
in, inside, near, of, off, on, over, opposite, past, round, since, save, to, till, throughout,
through, under, underneath, upon, until, with, without,
2. Complex (two words)
ahead of, along with, apart from, but for, because of, down to, except for, from above, near
to, opposite to, over, against, save for, up to, near by
3. Complex (tree words)
As far as, by means of, in accordance with, in addition to, in front of, in spite of, in terms of,
on account of, on behalf of, with reference to
 Preposition covers a wide ranges of meaning:
1. Place
2. Time
3. Cause
4. Manner
5. accompaniment
6. possession
7. addition
8. exception

Adverb:

The word whose addition helps to further explain the meaning of a verb, an adjective or another adverb
in a sentence.

Adverbials

Adverbials are basically simple one-word adverbs or adverbs presented in the form of a phrase or a
clause (having more than one word). Adverbials function to explain the meaning of verbs in a sentence.

In order to distinguish between an adverb and an adverbial, keep in mind that, an adverb can be an
adverbial but an adverbial cannot be entirely just an adverb. You can say that the adverb is a sub-
category of adverbials.

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An adverbial is an adverb, adverbial phrase or adverbial clause which gives us additional
information about e.g. the time, place, or manner of the action which is described in the rest of
the sentence:

We have been living here in this house for over twenty years.

We were sleeping peacefully in our beds when the earthquake struck.

From these examples, you can see that the most common position for adverbials is at the end of
the sentence Place adverbials (here in this house) come before time adverbials (for over twenty
years). Manner adverbials (peacefully) come before place adverbials (in our beds).

They do not always follow this pattern. This applies particularly to adverbial clauses. In the above
example, we could begin with the adverbial clause, if it was important to highlight it at this stage
in the discourse:

When the earthquake struck, we were sleeping peacefully in our beds.

Thus, adverbials answer questions such as:

Where? When? How? Why? How often? How long? How much?

Where did you arrange to meet him?

I arranged to meet him outside the bank.

Why did you arrange to meet him there?

So that he could give me the money.

How long did you wait for him?

I waited for half an hour but he didn't arrive.

When did you first meet him?

We first met when he became the manager of the bank.

How often have you been seeing him since then?

Once a week, usually. More frequently, if his wife was away.

Note from the above examples that adverbs of frequency are often placed in mid-position in the
sentence, as well as at end-position. Placing them before the subject is sometimes also possible:

I sometimes call on my younger sister when I'm in London

I never see my older sister, but occasionally I call my younger sister.
Yes. I see her from time to time. We get together once in a blue moon.

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Adverbial clauses

A wide variety of different conjunctions are used to initiate adverbial clauses which function as
the adverbial part of a main clause. Some of the most common are listed below:

time: when, after, before, as soon as

reason: because, since, as
purpose: so that, in order to
contrast: although, whereas
comparison: as if, as though
condition: if, provided (that), so long as, in case

We served drinks as soon as our friends arrived.

After we had eaten, we played cards.

We moved to Cornwall because we wanted to live in the countryside. As the winters in the north
east can be quite harsh, we decided to move to the south west.

I finished work early in order to catch the 4.30 train.

I left work early so that I could catch the 4.30 train.

When I arrived home, I went to see Joan although it was very late. Whereas in the 70s and 80s
most men worked until they were 60 or 65, nowadays most retire when they are in their fifties.

He shook my hand warmly as if / as though he had known me for years.

You can borrow my car on Saturday, provided / so long as you return it by seven o' clock in the
evening.
Take a packed lunch with you, in case you get hungry.

Adverbs of manner

Note that not all adverbs of manner which answer the question How…? end in -ly. Most of them
do, like this:

How did they sleep? ~ They slept peacefully

How well does she dance ~ She dances sublimely

But common exceptions include:

hard fast straight late

He worked hard in order to pass the exam

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 He was driving straight at me and I ran very fast to get out of his way.

There was a power failure earlier today and the trains are all running late now.

Note also that adjectives that end in -ly, e.g. lively, lovely silly, friendly, cannot form the adverb
by adding another -ly as this would be impossible to pronounce. Instead some other way must be
found:

He behaved in such a silly way I was ashamed of him

Surprisingly, they were dancing in a very lively manner at the over 60s disco.

Time When

Notion of time-when are expressed either by tense, aspect and auxiliaries in the verb phrase or
by adverbials.

They fixed the radiator yesterday. (adverb)

She phoned on Thursday (prepositional phrase)
Jennifer's coming to lunch next week (noun phrase)
Twelve month ago he found himself without a job. (noun phrase + ago, back)
We met several years ago while i was working in China. (adverbial clause)

At, on, in during

At - point of time at 10 o'clock

on - day on Sunday
in/during/within - period of time - in the morning
between - identified time - between 1918 and 1939

During only for 'in the course of' - stay, visit, meal, conversation etc.

We went to the zoo during our stay.

Exception: at, on and by

vague period- at that time, at breakfast, at night, at Christmas
at the weekend <BrE> on the weekend <AmE>
on Monday night, on the following evening
We travelled by night and rested by day.

Omitting preposition

leave preposition before - last, next, this, that, today, yesterday, tomorrow

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 He enjoyed coming out with us last Saturday.
Next time you're in town, phone me at this number.

Exception

On that occasion.

I met her (on) the day after her birthday.

She got married (in) the year after her graduation.
I will see you (on) Wednesday.

Before, after, by

The service was so much better before the war. (preposition)

We'd never met here before. (adverb)
Before she had gone very far, she heard a noise. (conjunction)

by- time when the result of an event is in existence (not later than)

By Friday I was exhausted.

Already - still, yet - any more

He still works at the City hall. He has not stopped working there yet.
He's already stopped working there. He isn't working there any more.

By now

When one is not certain that the event has happened

The wound should have healed by now.

Comparison of time

What are you doing, throwing stones into our yard in the middle of the night?
It often rains quite heavily in the night.
During the night the rain stopped.
At night I relax.
By night Dartmouth was a dazzling city.
I shall have to work nights.
For several nights he slept badly.
They walked all night.
We're staying on the island over night.

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 Time-when adverbs

There are two main groups of time when adverbs

(a) again, just, now, nowadays, then, today, etc. (direct time)
(b) afterwards, before(hand), first, formerly, just, late(r), lately, next, previous,
recently, since, soon, subsequently, then, ultimately, etc. (indirect time)

Prices in the UK are now the second lowest in Europe.

She's not in town much nowadays.
We'll see the movie first, and discuss it afterwards.

Time-when conjunction

when, as, before, after, while, as soon as, once, now

It was almost totally dark when they arrived.
We'll let you know as soon as we've made up our minds.

Duration: for, over, from...to

for a month, for several days, for two years

Omitting for

Preposition for

I went to Oxford in the autumn of 1989, and was there (for) four years.
The snowy weather lasted the whole winter.

Before all

Except for about half an hour, I'll be at home all day today.

No for with spend, take ad waste

We spent two days at the seaside.

It took me a couple of hours to finish the job.

Use of Over

We stayed with my parents over the holiday.

from...to <BrE>

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 He worked for the CIA from 1949 o 1970.

from...through <AmE>

from June through December

Up to

I worked up to Christmas.

Until (till)

We stayed until five.

While, since and until

While - conjunction - duration

I stayed while meeting lasted.

I arrived while the meeting was in progress.

Since - conjunction - preposition

He's lived here since he was born.

They've changed their car twice since 1999.

Until - preposition - conjunction

I think you'd better stay in bed until next Monday.

Adverb and idioms of duration - always, recently

always, for ever, since, recently, lately, temporarily, for the moment, for a while, for
ages

There's something I always wanted to ask you.

They thought their city would last for ever.

Frequency

Most Frequent - nearly, always, almost always, usually, normally, generally, regularly,
often, frequently, sometimes, occasionally, now, then
Least frequent - rarely, seldom, hardly ever, scarcely ever.

139
 More precise about frequency

once a day, every day, daily, three times an hour, several times a week

on occasions

on several occasions, on numerous occasions

Abstract frequency

always, sometimes, often, rarely

Place direction and distance

Expression of place and direction are mainly adverbials and postmodifiers. They answer the
question 'where?'.

Where did you leave the bicycle?

I left it there. - (adverb)

I left it in the park. - (prepositional phrase)
I left it two miles away. - (noun phrase + away, back)
I left it where I found it. - (adverbial clause)

Place expression occasionally act as subject or complement

Over here is where I put the books.

Preposition of place

Preposition is the word for indicating place. The choice of preposition is often governed by the
way we see an object:

(a) as a point in space

(b) as a line
(c) as a surface
(d) as an area
(e) as a volume

For surface and Area

140
At-type proposition
On-type preposition
In-type preposition

At-type preposition

The place is seen as a point, without being thought of in terms of length, width or length.
(to, at, (away) from, away from)

I went to Stratford.
We stayed at an inn
We came from the theatre.
We stayed away from house.

On-type preposition: line

The place is seen as line, with thought of in terms of length but not breath or height.
(on (to), on, off, off, across, over, along)

The wagon rolled back on to (onto) the road.

The company headquarters was at a town on the Mississippi River.
We turned off Greenville Avenue onto Cherry Hill Road.
They were a hundred miles off the coast of Sri Lanka.
The poser was off in houses along Smith Street.

On-type preposition: surface

The place is seen as surface, with thought of in terms of length and width but not height.

(on(to), on, off, off, across, over, through)

141
 fall on the floor
the label on the bottle
take the picture off the wall
a place off the map
a walk across the field
looking through the window

On is also used for public transport.

There were few passengers on the bus/train/plane.

He travelled by bus/train/plane.

Also:

An apple on a tree
The ring on the finger

In-type preposition

The place is seen as an area (ground, territory, enclosed by boundaries).

(in(to), in, out off, through)

Crowds pour into the city from the neighbouring villages.

They had found suitable lodging for her in the town.
The manuscript was smuggled out of the country.
He stayed out of the district.
We went for a walk through the park.

In-type preposition: volume

142
 The place is seen as volume with thought of in terms of length, width, height (or depth).
(in (to), in, out of, out of, through)

The girl stepped into the hall.

The food in the cupboard.
He climbed out of the water.
He was out of the room.
The wind blew through the trees.

<BrE> out of
<AmE> out

Inside, outside, within

Were you in the house when the fire started?

She was sitting just the outside the surgery.
Many prisoners died within the walls of the castle.

Put in, put on

Some transitive verb such as put, place, stand are followed by on and in.

Jane put each object back in its allotted place.

She placed her hand on Kate's hair.
The train arrives at/in Brussels at 7.15.

Overlap between types of preposition

My car is at the cottage. - (point)

They are putting a new room on the cottage. - (surface)
There are only two beds in the cottage. - (volume)

Overlap between at-type and in-type prepositions

143
 For town and village at or in is used depending point of view.

At Stratford (simply a place on the map)

In Stratford (place as town covering an area)
In New York (an area)
At New York (in the context of worldwide travel)

For continent, countries, states and other large area in is used.

In Asia, In China, in Virginia.

To or into

He sailed from Europe to Canada.

We crossed the Rhine into Germany.

At/in the post office

For buildings or groups of building eight at or in can be used.

At is used when thinking of the building as an institution.
Noun with at take no definite article.

You can buy stamp at post office.

I left my purse in the post office.

Shout to or shout at

He threw the ball at me. (tried to hit me)

He threw the ball to me. (asked me to catch)

The man shouted at her. (he was angry with her)

Pater shouted to me. (he wanted to communicate with me at a distance)

Overlap between on-type and in-type preposition

We sat on the grass. -(surface: the grass is short)

We sat in the grass. -(volume: the grass is long)

Position: Over, under, in front of, behind

144
 The injured girl had bad cut over the left eye.
The children evaded capture by hiding under(neath) a pile of rugs.
Uncle Harry chose a big chair by (near) the fireplace.

Prepositional adverbs of place

overhead (over) above (above)

underneath (under) below (below)
in front (in front of) behind (behind)
on top (on top of) beneath (beneath)

The sky overhead was a mass of stars.

Huge waves are crushing on the rocks below.

Some other positions: between, among, opposite, etc.

Manila lies on the shore of Manila Bay, between the sea, the mountains and large lake
called Laguna de bay.

The house stands amid trees. (amid = in the midst of)

Amid the wreckage of plane they found a child doll.

His house is opposite (facing) mine.

Around <AmE>
Round <BrE>
The guests were standing about/around (vague area) the room.

145
Motion from one place to another

The train sped towards/into the tunnel.

Passage

Direction: up, down, along, across/over

I crept silently along the passage.

He ran across the lawn to the gate.
She flung open the French window and ran over the sodden grass.
They were rolling down the hill without brakes.
The royal couple went up the steps together.
She walked very quickly up/down the street.

146
 He walked up and down the room. (in one direction and then in another repeatedly)
The oars splashed in and out of the water.
They danced round and round the room.
Viewpoint

I could see the town beyond the lake. (on the other side of the lake)

The people over the road

an office along the corridor
a cafe round the corner
the garage past the supermarket
the hotel down the road
a man up a ladder

Pervasive meaning

There was blood (all) over the streets. (the streets were covered with blood)
Soccer mad males can be seen (all) over the city. (city is full of them)
His views were widely echoed throughout Germany.

Abstract place meaning

in, out of: in danger, out of danger, in practice, out of practice, in a race, in plays, in a
group

People never behave in real life as they do in plays.

Above, below, beneath

His grades are above/below average.

He rejected such activities as beneath (not worthy of) him.

Over, under:

Over ten miles, under order, under suspicion, influence over

Up, down:

up the scale, down the social ladder, from, to

Between, among:

147
 My sister and I share the place between us.

Past, beyond

Modern times have changed the world beyond recognition.

I'm past (too old for) falling in love.

Place adverbs and their relation to preposition

We stopped the bus and got off. (off the bus)

Have you put the cat out? (out of the house)
The child ran across in front of the car. (across the road)
When they reached the bridge, they crossed over, looking down at the water beneath.
They travelled on. (continued the journey)
The thieves snatched her handbag and ran off. (away)
A man came up (approached) and introduced himself.
You don't see many parrots about nowadays. (about the place)

In addition to up and down other adverbs of direction

upward(s), downward(s), forward(s), backward(s), inward(s), outward(s), homeward(s)

Distance

a foot, a few meters, ten miles, a kilometer, a long way

He ran several miles.

They live a long way away.
The valley lies two thousand feet below them.

How far did he run.

How far away do they lie.

Manner, means and instrument

Answering the question 'how'

To specify how an action is performed or how an event takes place, one uses an adverbial
of manner, means and instrument.

How did you write the letter?

I wrote it hurriedly. - (manner)

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 I wrote it by hand. - (means)
I wrote it with a red ball-point pen. - (instrument)

Manner

(a) adverb (usually ending in -ly) or adverb - confidently (most common)

(b) in ... manner (way) - in a confident manner <more formal>
(c) with + abstract noun phrase - with confidence <formal>

She stirred her coffee thoughtfully before answering.

His father stopped and looked in a startled manner at his mother.
Joanna stubbed out her cigarette with unnecessary fierceness.
I answered without hesitation (unhesitatingly).
'Next year', she replied gently, with a smile.

Like this, like that (this way, that way) with meaning in this/that manner.

I'm sorry you had to hurt yourself like this.

Omission of in

Monica and her sister do their hair (in) the same way.
She prepared the dish (in) the way he liked.
You can cook turkey (in) a number of different ways.

Combining manner with comparison

She sings like a professional.

Sarah Morgan came into the room like a ghost.

Manner clause introduced by as

Pat cooks turkey as my mother did

Pat cooks turkey in the way that my mother did
Pat cooks turkey the way my mother did.
He hunted him as a tiger stalks its prey.

As can be replaced by like <informal>.

Comparison with unreal situation can be expressed by 'as if' or 'as though' and clause.

She treats me as if I were one of the family.

She treats me as though I were one of the family.

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 Means and instrument: by and with

Means is expressed by a phrase introduced by 'by'.

You're going to France by car.
She slipped into the house by the back gate.
We managed to sell the house by advertising it in the paper.

Instrument is expressed by a phrase introduced by 'with'.

She reached down and touched the lace with her fingers.
The young man had been attacked with an iron bar.
She always opens her letter with a knife.
She always uses a knife to open her letter.
She can open her letter without (using) a knife.

Cause, reason and purpose

What causes such and such an event?

Means, instrument and person can causes an event to take place. The verb for the actor
or person causing the event can be causative verb.

How did the fire start?

Some children started the fire (caused the fire).

It was started by some children.

The dam blew up. The terrorist blew up the dam.

The road became wider. They widened the road.
The tree has fallen. Someone has felled the tree.
The supplies came in yesterday. They bought the supplies yesterday.

Is the front door open? (adjective)

The shop opens at nine o'clock. (non-causative verb)
You want me to open your mail? (causative verb)

When actor is not mentioned, the instrument takes the position of the subject.

They killed with his own gun. His own gun killed him.
They brought the supplies by train. The train brought the supplies.

Cause and result

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 To answer the question 'why', one can indicate cause or reason by an adverbial 'because clause'
or by prepositional phrase beginning 'because of, on account of, from, out of'.

Because

The accident occurred because the machine had been poorly maintained.

Because of

She can't go to work because of the baby.

On account of

Many fatal accidents occurred on account of icy road conditions.

From, out of

He did accept the award not from/out of pride, but from/out of a sense of duty.

For

He jumped for joy.

Through

Hussein has missed five matches through injury.

Indirect cause as subject

The driver's carelessness caused the crash.

Such slipshod security is bound to lead to trouble.
Many of these prosecutions result in acquittals.
We are trying to bring about equal right for all people.
He argues that higher wages inevitable give rise to higher prices.
Result

Result is the opposition of cause.

Icy conditions cause many accidents. - (cause)

Many accidents result from icy conditions. - (result)

'Result in' and 'result from' are opposites.

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 The celebrations resulted in a serious riot.
A serious riot resulted from the celebrations.

Result can be expressed by a clause beginning with 'so that' or 'just so'.

The cleaner has gone on holiday || vacation so (that) everything is so dirty.

Everything is so dirty because the cleaner has gone on holiday.

Purpose

The intended result or purpose of an action is describe by an adverbials of purpose, usually a

to-infinitive verb.

He left early to catch the last train.

Penelope leaned forward to examine the letter more closely.
To improve the railway service they are electrifying all the main lines.

An adverbial of purpose may also be finite verb clause beginning 'so that'.

They advertised the concert so that everyone should know about it.

In order that

They advertised the concert in order that everyone should know about it.

'In case' can introduce the idea of negative purpose.

He left early in case she should miss the last train.

Reason and consequence: because (of), as since, etc.

We have lunch early on Saturday because the girls are always in a hurry to go out.
We decided to stay and watch the procession - but Amy, because of her height, could see nothing.
The contest was abandoned on account of bad weather condition.

As Jane was the eldest she had to look after her brothers and sisters.
The report is out of date - which is hardly surprising, since it was published in 1989.

Now that and seeing that (conjunction)

We hope to see much more of you now that you're living in Vicksburg.
Seeing that he could not persuade the other member of the committee, he gave in to their
demands.

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 The weather having improved, the game was enjoyed by players and spectators alike.
Being a man of fixed views, he refused to listen to our arguments.

For - phrase following certain adjectives and verbs of emotion and attitude

She laughed at herself for being so silly and self-pitying.

They were praised for their outspoken defence of free speech.

(because of, due to, owing to)

Linking adverbials: therefore, hence, etc.

because of that, for that reason, therefore, thus, accordingly, hence, consequently, so

Very shortly afterwards, however he began to suffer from attacks of angina pectoris.
Accordingly, he was excused all serious exertion.
After all, Glasgow was where she really belonged.
So this year she had decided to spend her annual holiday in the city.
The weather has improved. in that case we can go out and enjoy our game.

Some common in-phrases:

in prison, in country, in hospital, in the sky, in the lesson, in the middle, in a book, in the back of a car, in
newspaper, in the front of a car, in this photo, in the queue/line/row, in this picture, in the pub,

Some Common on-phrases:

on the platform, on the coast, on the farm, on the left/right, on the farm, on the back of an envelop, on
this page, on the island, on the wall, on the first floor

Some common at-phrases

at the station/airport, at home/work/school, at the seaside, at the top/bottom/ of a hill, at the back of a
corridor, at the back of a queue, at the theatre

By/on
by bike, by car, by taxi, by bus/coach, by train, by rail, by boat/ship/ferry, by sea, by plane, by air
on foot, on bike, in the car, in a taxi, on bus/train/ship/ferry

Phrasal verb:
act upon, burnt down, come to, come off, get down at, for a long time, pray to, given to, reply to, barking
at, rushed to, draw up / pulled down/up/ besides, look up, run over by, take on, take over, take up, washed
up

Phrasal prepositional verb

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call in on, catch up with, come up with, cut down on, done away with, face up to, fell down on, got away
with, got on with,

At
at six o'clock, at the lunch, at the moment, at that time, at Easter, at Christmas, at the weekend, at home,
at night, in the night

In time (within given period), on time (right time)

For (period), Since (point of time)
Prepositional Verbs
depending on, looking for, admitted to, amount to, apologized for, applied for, arrived at/in, attend to,
believe in, belong to, benefit from, bumped into, collided with, cane across, confused to, concentrate on,
consist of, cope with, count on, dispose of, fell for, feel for, go with, go without, happened to, hope for,
insisted on, interference in/with, laughed at, listened to, part with, participated in, pointed at/to, ran into,
refer to, researching into, rely on, resort to, revise for, send for, stands for, stick to, succeded in, suffer
from, takes after, wish for, waiting for, work out

Some intransitive verbs followed by of:

approve, beware, boast, disapprove, conceive, consist, complain, dispose, dream, despair, hear, know,
learn, smell, savoir, speak, weary

Some intransitive verb followed by on:

bet, count, focus, capitalize, depend, frown (disliked expression), check, economize, hinge, impinge,
improve, plan, prevail, gamble, insist, rely, check, choke, embark, infringe, lean, settle, concentrate,
encroach, impose pivot

Some transitive verbs followed by on:

base, confer, impose, model, bestow, depend, foist, inflict, spend, blame, force, lavish

Some transitive followed by of:

absolve, accuse, acquit, avail, balk, cheat, cleanse, convict, convince, cure, denude, deprive, inform, make,
notify, purge, warn

Some verbs are followed by about:

agree, care, forge, muse, tell, argue, cheat, fret (agitate),

Some verbs followed by against:

advise, align, ally, complete, conspire, counsel, guard, hedge, insure, immunize, inoculate, insulate, lean,
militate, play, protest, plot, rebel, vaccinate, warn

Some verbs followed by at:

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aim, beam, bark, claw, chafe (anger), recoil (come back), cream, explain, frown (look angry) , grab, gnaw
(bite, chew), gape (look stupidly), glance, hack, jeer (laugh at with contempt), jump, marvel (express
surprise), poke, shudder (shake), strike, sneer (smile contemptuously), snap (utter angrily), swear, shoot,
throw, work, wink (briefly shut eyes)

Some verbs followed by for:

advertise, apologize, ask, apply, bargain, aim, beg, call, campaign, charge, fight, hunt, pray, fish, hunt,
scavenge, appeal, forage, long, search, grope, hope, pine (have a desire), just, mourn, end, strive, wait,
weep, yearn (desire strongly)

Some verbs followed by from:

ban, bar, borrow, buy, cadge (ask for and get free), convert, change, conceal, cut, deflect, deter, discount,
discourage, disqualify, dissuade, fall, graduate, guard, hide, insulate, keep, prevent, separate, shelter,
shield, stop, suffer, switch, transform, turn, withhold, inherit, remove, receive, elicit, glean, ring, take,
translate, protect

Some verbs followed by in:

arrest, believe, collaborate, dabble (dip a foot in liquid), deal, embroil (force into some kind of situation),
engage, fail, gain, glory, implicate, involve, indulge, interfere, intervene, insert, luxuriate, meddle,
mediate, specialize, wallow (devote oneself entirely to something)

Some verbs followed by over:

agonize, anger, clash, disagree, droll (comical in an odd manner), enthuse, fight, fret (agitate), fuss (worry
unnecessarily), gloat (dwell on with satisfaction), grieve, haggle (wrangle), muse (think deeply over a
question), quarrel, quibble (argue over petty things), row, wrangle

Some verbs followed by through:

browse, flick, flip, glance, go, leaf (look through), look, rifle (steal goods), run, sift, skin, thumb, wade
(walk), work

Some verbs followed by to:

announce, apologize, beckon (signal with hands), boast, brag (show off) change, chat, complain, confide,
convert, degenerate, demonstrate, explain, fail, give, mention, mumble (talk indistinctly), murmur,
mutter, offer, point, preach, promote, report, return, say, show, signal, speak, talk, turn, want, write

Some verbs followed by with:

ally, amalgamate, argue, associate, bargain, chat, coexist, cohabit, called, collaborate, complete, confer,
conspire, damage, dance, debate, disagree, discuss, feud, fight, fraternize, haggle, interact, merge,
negotiable, quarrel, row, share, socialize, spar, speak, struggle, trade, vie, work, wrangle

Idiomatic phrases with preposition:

at risk, at top speed, by mistake, for sale, point of view, point of view, in advance, in a hurry, on holiday,
on leave, on the market, on television, on the radio, out of order
Some nouns followed by about:

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advice, agreement, book, chat, complex, concern, consultation, debate, decision, fuss, information, joke,
judgment, lecture, letter, misgiving, misunderstanding, news, outcry, phobia, prediction, quarrel,
question

Some nouns followed by against:

aggression, ally, battle, below, blasphemy, boycott, bulwark, conspiracy, crime, campaign, defense, fight,
insurance, legislation, safeguard, shield, war

Some nouns followed by between:

agreement, alliance, antagonism, balance, breach, bond, battle, coordination, correspondence,
consultation, contract, collision, connection, contrast, difference, discrepancy, disparity, distinction,
encounter, feud, gap, interface, inequality, interplay, similarity, split, truce, understanding

Some nouns followed by for:

admiration, appreciation, affinity (feeling of kinship), affection, contempt, disrespect, enthusiasm, hatred,
love, lust, nostalgia, passion, prediction, mania, weakness

Some nouns followed by in:

belief, breach, decline, boom, catch, confidence, cutback, charge, decrease, development, diminution,
difference, equality, exercise, experiment, faith, fluctuation, falling-off, increase, inequality, part, pride,
similarity, skill, slump, upsurge, variation

Some nouns followed by on:

agreement, advice, assault, burden, emphasis, attack, attempt, ban, boycott, comment, constraint,
decide, effect, decision, embargo, focus, idea, information, infringement, judgment, limitation, legislation,
moratorium, onslaught, outlook, perspective, restriction, report, remark, verdict

Some nouns followed by over:

advantage, battle, anxiety, concern, ascendancy, control, authority, debate, dominance, dominion, fuss,
influence, mastery, misunderstanding, victory, power, outcry, quarrel, row, victory

Some adjectives followed by about:

adamant, angry, annoyed, anxious, apprehensive, bothered, complacent, certain, concerned, diddled,
enthusiastic, embarrassed, fussy, guilty, happy, ignorance, indignant, miserable, nervous, optimistic,
pleased, passionate, scathing (marked by harshly criticism), positive, skeptical, sentimental, sorry,
undecided, uneasy, unhappy, uncertain, unclear, upset, vague, worried

Some adjectives followed by at:

Aghast, alarmed, amused, angry, appalled, astonished, bewildered, clever, disappoint, embarrassed,
impatient, indignant, irritated, quick, surprise, slow, stupid, unhappy, upset

Some adjectives followed by of:

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afraid, apprehensive, ashamed, appreciative, aware, bare, beloved, bereft, capable, certain,
characteristic, conscious, contemptuous, critical, devoid, distrustful, envious, expressive, fearful, fond,
forgetful, free, frightened, full, fulfill, ignorant, indicative, insensible, incapable, impatient, jealous,
mindful, neglectful, nervous, oblivious, possessed, proud, short, skeptical, unafraid, unaware, uncertain,
uncharacteristic, unconscious, unsure, unworthy, wary, weary, worthy

Some adjectives followed by on:

adamant, bent, conditional, contingent, fair, dependent, easy, hard, hooked, incumbent, intent, unfair,
keen

Some adjectives typical followed by to:

accustomed, adjacent, allergic, central, comparable, courteous, cruel, devote, disloyal, equal, equivalent,
essential, fair, faithful, friendly, fundamental, identical, immune, impressive, indebted, inferior,
indifferent, irrelevant, kind, loyal, nice, paralegal, partial, preferable, proportional, sensitive, similar,
subordinate, superior, susceptible, unaccustomed, unfair, unfaithful, unkind, used, useful, vital,
vulnerable

Some adjectives followed by with:

acquainted, adorned, angry, annoyed, awash, bored, busting, caked, clogged, cultured, commensurate,
comparable, compatible, concomitant, confronted, connected, consistent, content, conversant, covered,
crowded, deserted, disappointed, displeased, dissatisfied, draped, edged, embellished, emblazoned,
embroidered, emerged, faced, familiar, fascinated, fed up, filled flecked, frank, free, friendly, furious,
furnished, happy, heaped, heavy, identical, impatient, incompatible, infested, inlaid, inconsistent,
infatuated (marked by foolish fondness), infected, intoxicated, involved, littered, loaded, mixed-up,
obsessed, occupied, ornamented, overgrown, overloaded, packed, padded, painted, parallel, peopled,
pleased, patient, piled, popular, rich, satisfied, studded, stuffed, suffused, swamped, teeming (abundantly
feeling with living thing), thick, tinged, unacquainted, unannounced, unfamiliar, unhappy, unimpressed,
unsatisfied, wreathed (move with slow)

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 Questions

Complete the following conditional expression

If I had known you, I would have consulted you.
You would be ill, if you did not care your body.
If you did as I told you, you would have got good result.
Had I been there, I would not have met you here.

Write the types of condition of the following:

(i) I'll lend Geeta the book if she needs it. (Open condition - present)
(ii) He would help her if she needed. (open condition - past)
(iii) Take this medicine, in case you feel ill there. (future condition, hypothetical)
(iv) Unless you work hard, you won't secure good marks. (negative condition)
(v) So long as they had money, they seemed to be happy. (strong condition)

Complete the following condition

(i) Had they known, they would not have met him.
(ii) Were a great crisis to rise, the government would have to act swiftly.
(iii) You would catch the bus, if you left earlier.
(iv) Wherever he goes, he makes friends.
(v) Unless you are in England, you won't meet her.
(vi) In case of difficulty, abide by my suggestion.
(vii) If I had known you, I would have talked to you.
(viii) You would be ill, if you did not care yourself.
(ix) If you did as I told, you would not have been fail.
(x) Had I been there, I would not have missed the train.

Fill the gap with suitable preposition

He is liable for his son's debt.
We are all subject to the law of the land.
He was acquitted of the murder charges.
She was punished for her crime
He was witness to the accident.
The suspect will be detained in custody.
The criminal was liable to imprisonment.
He was sentenced to life imprisonment for murder.

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 The jury acquitted him of murder.
He was accused of lying.
He was charged with murder.
The criminal was liable to jail sentence.
He has no doubt about her honesty.
He was accused of murder.
He is good at English.
John was charged with theft.
He confessed to the crime.
The parties to this agreement . . .
The goods must be delivered to the purchaser.
The commencement/termination of this agreement . . .
The price list set out in Schedule 1 . . .
Royalties will be paid in accordance with this agreement for a period of five years.
The goods must be delivered within 14 days.
The Company agrees to provide training for service personnel.
The agreement may be terminated by notice.
An arrangement between the Seller and the Buyer . . .
It is agreed that the goods will be collected from the Seller’s warehouse at 21 Redwoods Road.
It is agreed that the goods will be collected from the Seller’s warehouse in/on Redwoods Road.
Interest will be charged on any unpaid instalments after the expiration of a period of 28 days from the
date hereof.
He was charged with murder.
The property at 2 Pond Road is sold with vacant possession.
What titles of respect can be used to address the following
1. The British Judge - My Lord
2. To an ambassador - Your Excellency
3. To a priest - Father
4. To an American Judge - Your honor.
5. To a peer - My Lord
What do the following utterances express?
(toasts, good wishes, seasonal greetings, etc.)
1. Good luck! (good wishes)
2. Happy new year. (seasonal greetings)
3. Good health. (toasts)
4. Congratulation on your success. (congratulation)
5. I'm sorry. (condolences)
Mention the attitude to truth of the following expression:
1. Don't you dare tell lies. (threat)
2. Mind (your head)! (warning)
3. I'll let you know tomorrow. (promise)
4. That's all right. (response to apologies)
5. Congratulations on your engagement. (congratulation)
Change the following into cleft sentences.

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 1. We need more time.
What we need is more time. It is more time that we need.
2. I want to read the other book.
The other book is what I want to read. It is the other book that I want to read.
3. I hate onions.
The onion is what I hate. It is the onion that I hate.
4. He wants to study law.
Law is what he wants to study. It is law that he want to study.
5. Martin ate your pizza.
Your pizza is what Martin ate. It was your pizza what Martin ate.
Rewrite the following into subject-operator inversion
1 I never saw such an awful creature.
Never did I see such an awful creature.
2 He didn't say a word.
Not a word did he say.
3 A young boy stood behind the table.
Did the young boy stand behind the table.
4 Mark is not only single, but he is also rich.
Not only single is Mark, but also is he rich.
Rewrite the following into subject-operator inversion
1. He didn't say a word.
Not a word did he say.
2. I never saw such a beautiful flower.
Never did I see such a beautiful flower.
3. A young lady hide behind the table.
Did a young lady hide behind the table.
4. They couldn't find a bottle opener anywhere.
Anywhere couldn't they find a bottle opener.
5. You shouldn't go under any circumstances.
Shouldn't you go under any circumstances.
Rewrite the following expression into subject-operator inversion
1. She had scarcely sat down when the phone rang.
Had she scarcely sat down then the phone rang.
2. They will only know it after the test.
After the test will they only know it.
3. We didn't notice the broken glass until the later.
Until the later didn't we notice the broken glass
4. We can find a special kind of rhododendron only in Nepal
Only in Nepal can we find a special kind of rhododendron.

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5. We should not go out under any circumstances.
Should we not go out under any circumstances.

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 Unit 4: Plain language (8 hrs)
4.1 What is plain language?
4.2 Structure
4.3 Words
4.4 Legal Affectations and Nasty Habit
4.5 Plain Language Vocabulary

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 4.1 What is plain language?
 In 1993, the Australian Parliament issued two reports that looked critically at lawyers' language
and its effect on public access to justice. The first was the report by the Senate Standing
Committee on Legal and Constitutional Affairs into the cost of justice. It was called the 'Cost of
Justice: Foundation for Reform' and was published in February 1993. On the issue of "lucidity"
(easy to understand), the Committee wrote:
The law which people must obey should be readily understood by them... Law, whether
made by legislator or developed by judges, should be as comprehensible to members of
the public as possible.
 The second report was a report by the House of Representatives Standing Committee on Legal
and Constitutional Affairs. The Committee was specifically inquiring into legislative drafting by the
Commonwealth of Australia. The report was published in September 1993, as was called 'Clearer
Commonwealth Law'. The conclusion and recommendation of the report begin like this:

This report is about making law, particular commonwealth laws, easier to understand.
At present too many of our laws are difficult to understand.

 The committee recommended 46 ways to make legislation easier to understand and use. The
government accepted the vast majority of the recommendation in late 1995.
 The doctrine of "non est factum" (literally, "it is not my deed") is an old common law defence that
enables a person who has executed a document in ignorance of its character to say that even
though they executed it, it was not their act. In other words, the document they signed was
different from what they thought they were signing.
In Lloyds Bank v Waterhouse, a father acted as a guarantor to his son's debt when purchasing a
farm. The father was illiterate and signed the bank document under the belief that he was acting
as the guarantor for the farm only, when the contract was actually for all the debt accumulated
by the son. As he was illiterate, this was a mistake as to the document signed and the father was
successful in claiming non est factum.
 Many of Australian laws now specify that particular documents must be written so that they can
be understood. For example there are laws that require documents to be written (and in some
cases explained) in language that is "easy to understand", "easily (be) understood", "readily
understood", "readily understandable", "intelligible", "comprehensible" or "expressed plainly".
And some specifically require "plain language" or "expressed plainly". Under the Consumer Credit
Code that applies in all Australian jurisdictions, credit contracts, mortgages, guarantees and
notices given under the Code by "credit provider" must be "clearly expressed".
 Plain language is the same thing as "plain English". Plain language includes languages other than
English.
o Plain language is not drab (lack of liveliness).
o Plain language is not new kind of language with a separate vocabulary. Plain language
writing is the practice of writing in a clear and simple style.
o Plain language is not simplistic (a kind of baby talk). It means straightforward, clear,
precise.

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 o William Zinsser points out, of the 701 words in Abraham Lincoln's Second Inaugural
Address 505 are words of one syllable and 122 are words of two syllables.
o There are those who believe that ordinary English beneath a professional dignity; as it
should be when ordinary English is bad English or when law language is better. But
ordinary English is not always bad English, and law language does not always say it better,
or more precisely.
- Mellinkoff in his Book 'The Language of the Law'
o Plain language is not rigid but, in fact, one of its advantages is its flexibility.
o It is not possible to become a proficient plain language writer overnight and there is no
benchmark that tells you when you have become proficient.
o Writing in plain language is just writing in clear, straightforward language, with the need
of the reader foremost in mind.
o Some people have adopted other terms such as "clear English" or "user-friendly English".
o Plain language does not ban all technical terms. But when plain language writers decide
to use an uncommon or technical word in their writing, they usually do it for one of three
reasons:
1. They know the readers will be specialists, who are familiar with the word; or
2. there is no accurate substitute for the word; or
3. The word will be a useful shorthand for complicated subject matter that crops up
more than just once or twice.
If the reader is not specialist, the plain language writer will often give an explanation of
the technical word - in plain language - and then continue to use the technical word as a
convenient and accurate shorthand for a complex idea.
o Plain language writers also avoid using words that are no longer used in everyday speech
- even if they are not difficult.
o In summary lawyers who write in plain language try to put themselves in the readers'
shoes. They think about what they are writing and what it will mean to the reader - how
the reader will react and how they can help the reader to understand, and act on, what
they have written.

Example:

No person shall enter the Premises without prior written authorization of the lessee.

(Imagine that the reason for the prohibition is that the property is in quarantine because
of the people who live there have been contaminated by radiation.

Right and Wrong

There is no magic in the word themselves. Any idea can be expressed in many different ways. Each
many mean the same thing but we are free to select to one we prefer.

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 For example if we are talking about handing over important documents and we are looking for a
verb to describe that action we may choose between the word 'furnish' and 'give'. We may decide
on furnish because we like the way it sounds, but we should not delude ourselves that the word
furnish is right and the word give is wrong.

Magic words - Glanville Williams

A lends money to B on mortgage and states that the interest is payable is 5 percent, but that if
the payment of the loan are not made promptly, the interest is 6 percent.

This provision is void because law does not allow penalty for late payment.

A lends money to B and states that interest is 6 percent, but if payment are made promptly it is
reduced to 5 percent.

This is valid provision because there is no penalty.

Agreement to pay an amount $ 1000 free of income tax. - it is void under Income Tax Act.
Agreement to pay amount after deducting income tax would be $ 1000 - it is valid

A to give the whole of A's time to serve B - Unenforceable.

A not to serve anyone but B - enforceable.

Words might not be "wrong" or right in themselves. We have to write words that will mean what
we want them to mean not only now when our clients are signing the contract, we have just
drafted for their new business enterprise, but also tomorrow when they open for business, next
week when the first order come in, next year when they have their first major disagreement, and
perhaps even into the future when the business collapses and they sue each other.

A word is not crystal, transparent and unchanged; it is skin of the living through and may vary
greatly in colour and content according to the circumstances and the time in which it is used.
- Justice Holmes, United States Supreme Court.

Lawyers have to write today to cover tomorrow and they can't be sure what will happen
tomorrow. So they try to do the best they can. They look for the "right" word. The word that
"truly" means what "actual" or "natural" meanings of the words.

There is no "true", "proper", "actual" or "natural" meaning of words. The communication takes
place not only in writing but also in the reading, not only in the telling but also in the hearing.
What we think we're writing or saying might not be what the reader or listener is understanding.

Glanville Williams goes into this issue in great depth. In summary, he says there are no "true" or
"proper" meaning of words. There is only:

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1. Their "ordinary" or commonly acceptable" meaning - which might be their meaning to world
at large or perhaps another meaning that operates within a small group of people such as
Scientist or even lawyers, depending on the context, the word is used in; and
2. A special meaning that is assigned by a particular person using it - like definition given to a
word by a lawyer.

So if there no "assigned" meaning - no definition - for a particular word, we are left with the
"ordinary" or commonly acceptable meaning.

Plain language is a way of communicating that everyone in your audience can easily understand.
There are various plain-language writing and design techniques and several important benefits
for using them.

- Plain Language Association International

Plain language (or clear writing) is a way of writing and presenting information so that readers can
understand it quickly and easily.

Plain language documents are:

 Relevant to the reader

 Clear and concise
 Easy to follow
 Conversational and direct
 Designed to be inviting and help readers find important information

Plain language (also called Plain English) is communication your audience can understand the first
time they read or hear it. Language that is plain to one set of readers may not be plain to others.
Written material is in plain language if your audience can:

o Find what they need;

o Understand what they find; and
o Use what they find to meet their needs.

There are many writing techniques that can help you achieve this goal. Among the most common
are:

o Logical organization with the reader in mind

o "You" and other pronouns
o Active voice
o Short sentences
o Common, everyday words
o Easy-to-read design features

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No one technique defines plain language. Rather, plain language is defined by results—it is easy
to read, understand, and use.

Plain English is clear, straightforward expression, using only as many words as are necessary. It is
language that avoids obscurity, inflated vocabulary and convoluted (twisted) sentence
construction. It is not baby talk, nor is it a simplified version of the English language. Writers of
plain English let their audience concentrate on the message instead of being distracted by
complicated language. They make sure that their audience understands the message easily.

- Professor Robert Eagleson, Australia

Plain language is clear language. It is simple and direct but not simplistic or patronizing. Using
plain language doesn't mean everyone's writing must sound the same. There is no one ‘right' way
to express an idea. Every thought can be expressed in many different ways and the variety comes
from the individual way we approach an idea or writing task. There's plenty of room for your own
style—but it will only blossom once you have overcome the poor writing habits that are typical of
most government writing.

- Nick Wright, from the EPA writing course

He that will write well in any tongue must follow this counsel of Aristotle, to speak as common
people do, to think as wise men do; so should every man understand him, and the judgment of
wise men allow him.

- Aristotle

Be short, be simple, be human

- Ernest Gowers

Everything should be made as simple as possible but not simpler.

- Albert Einstein

Why Plain Language?

The case in favour of plain language:

 Traditionally legal language has been complained about and even ridiculed for centuries.
 Plain language is efficient - it saves time, effort and money and we can measure those
efficiencies.

167
 Plain language is effective - readers generally comprehend plain language documents
better and quicker than documents written in traditional legal language, and we can
measure those benefits.
 Plain language can give you a competitive edge.
 Many laws already require plain language, or similar standards of readability or
comprehensibility.
 Our courts are quite willing to hold that documents are unenforceable because they
cannot be understood.
 Plain language can improve the image of lawyers - surveys confirm this.
 Clients want good communication with their lawyers. They know plain language when
they see it, and value it highly.
 Traditional legal language may not be as safe as we think it is.
 Using plain language does not mean giving up legal precision. Plain language can be at
least as precise as traditional legal language.

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 4.2 Structure
Planning

Think and analyze the problem.

What am I trying to achieve?
What does the client want?
What information do I need before I start?
Has the client given me all information I need?
Perhaps I did not understand all the ramification of the client's problem when the client
first came to me. Should I now contact the client again and get the additional information
I need or clarify anything that I don't understand?

Read the Information.

Don't begin work on the document until you think you have clear idea of issue.
Ask yourself: Do I really need a document at all?

Write your plan

Even quite simple letter should follow a plan.
The more complex document, the more detailed the plan.
Plan can be diagram, list, flowchart, heading and points.
Arrange the order for the purpose.
Important points first.

Organization

It depends on purpose or request of client.

Logical sequence should be arranged.

Important things first.

Letter of advice:
Answer of the client's question.

Loan and security documents:

The loan amount

The security
The interest rate
Payment dates

Leases:

The property leased

The term of lease

169
 The rent amount
The rent payment

Legislation:

What it is about
Who administers it
What other legislation is affected by it

Judgment

The verdict
The reason of the verdict

Arranging things so that the reader gets the answer to the question or the most important
material first has two other advantages:

o It gives the reader context in which to read all subsidiary information. That makes it easier
on the reader. It is likely that the reader will understand the material better because they
have a context - they know where is all leading
o It makes the information more useable by the reader. That in turn shows that you are
sensitive to the reader's needs and - if the reader is your client - you are presenting
material in a way that makes your client more efficient in his or her business.

Put related material together

Paragraph

It is easier to cope with material that is divided into "bite-sized chunks"

Reading is learning process.
Cognitive psychologists tell that we learn incrementally, by putting smaller chunks of information
together to build a gradual understanding or the whole.
We like to see lots of "white space" around what we are reading.
It makes it look easier to read and more inviting.
Writing paragraphs that go on and on without break - stream of consciousness.

A paragraph should be a unit of thought, not of length, having one main topic sentence and
perhaps several supporting sentences plus a final sentence leading the reader to the next
paragraphs.
- Elizabeth Murphy

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Sub-paragraph

Sub paragraphs help to divide the material up so that it is more easily digested, but they can also
be used for emphasis, or to draw the reader's attention to a similarly in the subject matter.

The trustees may invest in:

(a) shares,
(b) debentures,
(c) bills of exchanges and
(d) certificates of deposit.

Avoid over-enthusiastically dividing information into unnecessary or irritating sub-paragraphs

that is "shredding" or making "clause sandwiches".

Document "Add-ons": schedules, appendixes, annexures

It is often convenient to be able to hive off (remove from group and make separate) material that
does not need to appear in the main body of the document. If that material is not a primary
important, it can be put in schedules appendixes or annexures.

Some people say:

Schedule is for short details, like parties name and address, the address of the leased property,
the rent payable and termination date. There is also the theory that schedules are part of an
agreement itself and therefore come after the testimonium (in witness whereof...) but before
execution clauses.
Appendix should be reserved for documents.
Annexures should be reserved for unwieldy things like maps and computer printouts.

It is better to pick one of these labels, put all your hive off secondary material into it and use the
numbering (Schedule 1, 2, 3)

Sentence Structure

Sentence length

We should avoid writing long sentences.

Brain can handle only a couple of clauses at a time depending on their length.
If we pile up clauses in a sentence and embed them one in the other, we virtually ensure that
what we write won't be understood on the first reading.
Some authorities suggest '20 - 25 words' is an appropriate average length.
Editors suggest 24 words.
Reporters suggest 17 words.
New South Wales parliamentary Counsel's office aims for sentences with maximum length of five
lines (B5 legislative format), expressing one central idea.

171
US Federal Court's Committee on Rules of Practice and Procedures recommends aiming for fewer
than 25 words and 30 at most.

Punctuation

The only thing that actually controls sentence length is the full stop. But for the long sentence we
all have to use from time to time, punctuation can make them manageable.
Punctuation helps reader. It can help to avoid confusion and ambiguity.

- Punctuated documents are less puzzling to other lawyers and judges.

- They are easier for clients and other non-lawyers to understand.
- They are easier to translate into other languages and especially important consideration in
Europe these days.

Building Sentences

Unity of thought is needed in our sentences. One thought per sentence.

Break the sentence up into the various different thoughts you are expressing and separate them
onto separate sentences.
Commas are sometimes a good indicator of sentence that is too complex.

Cases and Condition

George Coode's rule

On legislative expression

Natural rules of drafting

1. Case: "Where a person owns more than one property..."

2. Condition: "... and if application has been made for a dispensation..."
3. Legal Subject: "... the Commissioner... "
4. Legal Action: "... may exempt one property from liability to duty.""

Where a person does not have any criminal records and if he/she makes an application, pays the
scheduled fee, and waits for statutory cooling off period the Commissioner may issue a gun
licence.
If ... then
If a person who has no criminal records makes an application, pays the scheduled fee, and waits
for statutory cooling off period, the commissioner may issue a gun licence.
Legal Subject first

The commissioner may issue a gun licence to a person who has no criminal record, makes an
application, pays the scheduled fee and waits for statutory cooling off period.

172
 4.3 Words
Technical terms

 Technical word can be used if readers are specialists, who are familiar with the word.
 Technical terms can be useful for lawyers, they can be a shorthand way of expressing a
complicated idea.
 For example, Expressio unius (shorthand Latin for legal maxim "Expressio unius est
exclusio alterius" - which means that "the expression of one is the exclusion of the other".
It refers to the doctrine that to express or include one thing implies to exclusion of an
unexpressed alternative.
 It is helpful for lawyers to write "expressio unius" and know that other lawyers will know
all the detail that goes with it.
 It does not help general readers. It is precise but unintelligible to the public at large.
 If you suspect the technical term might cause difficulty, explain it.
 If you have to explain it again and again, don't use it.
 Your client probably only wants the facts, not technical jargon; he/she do would not be
interested to take Latin class. It can be counterproductive.
 There are some technical terms, though, that are really are useful label - affidavit,
withholding tax, hearsay, injunction, warranty and subpoena.
 You can put explanation in a box alongside the text.

Terms of Arts

There are some special terms, such as indemnify that are loaded with meaning might be difficult
or even dangerous to do without.
Estoppel (a rule of evidence whereby a person is barred from denying the truth of a fact that has
already been settled)

You can say

Because of what Mr. Smith said to you at the time, the law prevents him from denying it now.

Be careful, to, when using term of arts that have different meaning for the general public.
For most readers words and phrases such as execute, good faith, demise, instrument, satisfaction
and dishonour mean something different from the meaning lawyers give to them.
If we have easier alternative we have to use them.

Legal buzzwords

We should find the alternative if the client does not understand.

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On all fours with (on hands and knees),
Cover the field (supremacy of the law),
At first blush (at first impression),
Jointly and severally (a designation of liability by which members of a group are either Individually
or mutually responsible to a party in whose favor a judgment has been awarded),
A fortiori (with greater reason; for a still stronger, more certain reason),
Otiose (serving no useful purpose; having no excuse for being),
Nugatory (of no real value).

Colourful language

We should get rid of them

Eggshell skull (this rule holds one liable for all consequences resulting from his or her tortious
(usually negligent) activities leading to an injury to another person, even if the victim suffers an
unusually high level of damage (e.g. due to a pre-existing vulnerability or medical condition))

Fertile octogenarian (The fertile octogenarian is a fictitious character that comes up when
applying the rule against perpetuities. The rule presumes that anyone, even an octogenarian (i.e.,
someone between 80 and 90 years of age) can parent a child, regardless of gender or health. For
instance, suppose that a will devises a piece of land known as Blackacre "to A for her life, and then
to the first of A's children to reach 25 years of age." A is, at the time the will is probated, an 85-
year-old woman. In applying the rule against perpetuities, an imaginative lawyer will argue (and
a court must accept under the common law rule itself) that A could have a child in her 86th year
and then in her 87th year all of A's other children could die, then in her 88th year A herself could
die. Because the interest will not vest until her new child reaches 25 years of age, which cannot
happen until more than 21 years after A and her other children (together who form the "lives in
being" to which the rule refers) have all died, the rule against perpetuities makes the entire gift
"to the first of A's children to reach 25 years of age" void. A will hold Blackacre for life, and then
the property will revert to the person whose will transferred it to A in the first place. (Actually, it
will go to that person's estate, since the will was probated only after his death.)).

The man on the Clapham omnibus (It may be derived from the phrase "Public opinion ... is the
opinion of the bald-headed man at the back of the omnibus," a description by the 19th-century
journalist Walter Bagehot of a normal London man. Clapham, in South London, was at the time a
nondescript commuter suburb seen to represent "ordinary" London. Omnibus is now rather an
archaic term for a public bus, but was in common use by the judiciary at the beginning of the 20th
century. The expression has also been incorporated in Canadian patent jurisprudence, notably
Beloit v. Valmet Oy (1986), C.P.R. (3d) 289 in its discussion of the test for obviousness. In Australia,
the "Clapham omnibus" expression has inspired the New South Wales and Victorian equivalents,
"the man on the Bondi tram" and "the man on the Bourke Street tram". In Hong Kong, the
equivalent expression is "the man on the Shaukiwan Tram."

174
Snail in the ginger beer bottle (also known as the "Paisley snail" or "snail in the bottle" case, the
facts involved Mrs Donoghue drinking a bottle of ginger beer in a café in Paisley, Renfrewshire. A
dead snail was in the bottle. She fell ill, and she sued the ginger beer manufacturer, Mr Stevenson.
The House of Lords held that the manufacturer owed a duty of care to her, which was breached,
because it was reasonably foreseeable that failure to ensure the product's safety would lead to
harm of consumers.)

Mirandise (The Miranda warning, also referred to as Miranda rights or Miranda rule, is a warning
given by police in the United States to criminal suspects in police custody (or in a custodial
interrogation) before they are interrogated to preserve the admissibility of their statements
against them in criminal proceedings.)

Anton Piller order (In English and English-derived legal systems, an Anton Piller order (frequently
misspelt Anton Pillar order) is a court order that provides the right to search premises and seize
evidence without prior warning. This prevents destruction of relevant evidence, particularly in
cases of alleged trademark, copyright or patent infringements.)

Word String

Expressio unius (shorthand Latin for legal maxim "Expressio unius est exclusio alterius" - which
means that "the expression of one is the exclusion of the other". It refers to the doctrine that to
express or include one thing implies to exclusion of an unexpressed alternative.

Ejusdem generis (eh-youse-dem generous) adj. Latin for "of the same kind," used to interpret
loosely written statutes. Where a law lists specific classes of persons or things and then refers to
them in general, the general statements only apply to the same kind of persons or things
specifically listed. Example: if a law refers to automobiles, trucks, tractors, motorcycles and other
motor-powered vehicles, "vehicles" would not include airplanes, since the list was of land-based
transportation.

Everything in my garage - It is clear and does not attract any strange rule.

"include but not limited to" - it can cause problem

Synonyms

The string of words can be avoided.

release, remise and forever quitclaim

When French, which used to be the language of the law, declined and English took over, lawyers
and other were reluctant to choose between two words and sometimes kept both.
- Professor Mellinkoff

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Fit and proper
free and clear
goods and chattels
had and received
keep and maintain
save and except
will and testament

Each and every

from and after
have and hold

doublets and triplets

give, devise and bequeath

null, void and of no effect
rest, residue and remainder

Killing one bird with three stones.

- Robert Dick

Word Cluster

These are meaningless and could be deleted.

It is important to note that...

It should be remembered that...
We should point out that...
All this point in time...
Before we answer your question it is necessary to refer to...
You should take great care to ensure that...
We refer to previous correspondence and now advise as follows...
Having regard to (or notwithstanding) the foregoing...

Archaic word

We should not use them if they are not technical or art word.

hereinafter, witnesseth, these presents, the premises (in the sense of the matters) hereby, herein,
herewith, hereafter, heretofore, abovementioned, aforesaid, in witness whereof, the day and the
year, first hereinbefore written, hereunto, unto, upon.

Whatsoever, wheresoever, howsoever

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 "Secured property" means all the assets and undertaking of the mortgagor whatsoever and
wheresoever situated.

"Secured property" means all the assets and undertaking of the mortgagor.

Definition

Purpose:

1. They enable the writer to use a convenient shorthand label for completed concept, so that
the writer doesn't have to repeat that long explanation each time the writer wants to use the
concept. "Tax Act" means the Income Tax Assessment Act 2036.
2. They can clear up ambiguity by allowing the writer to give details of what was meant by a
particular word. "Stock" means all the stock in the factory at the close of business on 30 June
2009.
3. They can clear up ambiguity by allowing the writer to specify one of several common
meanings. "Month" means calendar month.
4. They allow the writer to be intentionally flexible about what a word means. "Business Assets"
includes the plant, fixture, fitting and stock of the Business.
5. They allow the writer to stretch the word a little to include things that would not usually be
encompassed in the normal meaning of the word. "Sell" include offer to sell.

Most Australian legislation has definition section at or near beginning.

No need of dictionary type definition. Generally, definitions are not the ones that you would find
in a dictionary.

("writ of execution" means a document issued by a court under its own seal, commanding a
sheriff or bailiff to take the property of a debtor to satisfy what the debtor has been judged
liable to pay)

Means and includes

Means is limited to definition and include is open ended.

looseness can create difficulties.

means X and includes Y

("Company means ABC Limited and includes it employees.)

Or

"Company means and includes ABC Limited (more confusion).

Once only definition - Never define a word or phrase if you only use it once.

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Misleading definition

Don't define so as to mislead the reader. Try to choose a label that is consistent with the full
definition, so that defined word can sensibly stand in the place of full definition.

Misleading definition in New Zealand Poultry Act 1968:

For the purpose of this Act "day old poultry" shall be deemed to be any poultry of an age of 72
hours or less.

"Furniture" includes computer equipment.

Useless definition

Don't define thing that is obvious.

"Animal" includes dog.

"Agreement" means this agreement.

Elegant Variation

This is an expression that is used to describe the way writers can vary words they choose to avoid
repeating themselves. This is most often done in fiction writing to make writing interesting and
lively. The writer selects many different words for similar concepts - replied, asked, cried, shouted,
sighed.

There is no place for elegant variation in legal writing.

Confusing Labels

When you are choosing your labels for words you are defining don't choose confusing one.
Lawyers mix up similar words like lessor and and lessee, mortgagor and mortgagee, and charger
and chargee.

Try to find less confusing - landlord and tenant, borrower and lender. If possible use party's name
in shortened version.

Too many definitions

 Put the definition at the end of the document but clearly mark the defined words, each
time they appear, with a sign that shows they are defined.

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  Make sure you' have used each defined term more than once. If not don't use defined
word. Put the concept directly in the text.
 Look at the defined words you've used only twice or three times. Would it be easier on
the reader if you abandoned the defined term and put the concept in the text? Even if it
makes the document slightly longer.
 Have you defined anything that is obvious? if so cut the definition out.
 Make sure you have no definition within definition.

Where should be definition go?

In modern statutes, the definition have usually (though not always) appeared at the beginning
and sometime at the end.

Definition at the end include details.

Australian Tax law simplification Project 1990s - Dictionary at the end of the Act and separate
volume.

How to use
a. Capital letter - May be confusing with proper noun.
b. Italic bold type and footnote on each page with plus (+) sign.
c. Using asterisk (*) with statement that word is defined in dictionary.
d. To put in bold type if first time defined.
e. New Zealand started putting list of defined terms at the end of various segments of the Act.

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 4.4 Legal Affectations and Nasty Habit
Latin

Client does not go to a lawyer to learn Latin language.

The only excuse for using Latin in a letter to your client is that your client is an ancient Roman.

There are some Latin phrases and symbols that have entered the English language and their
meaning is well known for example, de facto, versus, per cent, per capita, quid pro quo
(Something for something), ie, eg, subpeona.

Plain language does not require commonly used and well understood expressions to be
eliminated.

Lawyers must translate these into English:

ab initio - at the beginning

a fortiori – With greater reason; for a still stronger, more certain reason
bona fide – undertaken in good faith
et al - and others
ex parte - from one side only
in personam - directed toward a particular person
mens rea - criminal intent
mutatis mutandis - with the necessary changes having been carried out
obiter dictum - an incidental remark
per stirpes - an estate of a decedent is distributed per stirpes if each branch of the family is to
receive an equal share of an estate
quantum meruit - who has earned
re - with regard or relation to
res ipsa loquitur - a rule of evidence whereby the negligence of an alleged wrongdoer can be
inferred from the fact that the accident happened
sui generis - constituting a class of its own; unique
sui juris - of one's own right
uberrimae fidei - utmost good faith

Case reference

It is appropriate to give a full citation when one lawyer quotes a case to another. When writing
for no- lawyers, there is no need to give citation.

Where

To most people 'where' is a word to describe a physical or geographical location.

Lawyers like to use it to describe a circumstance.
Nearly everyone else writes when or if to describe a circumstance, but lawyers love where.

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'Where' may be used if "frequent occurrence of an event is "contemplated", and when may be
used if the event is only expected to happen once, or rarely. It is hard to tell how often something
will happen. This use of 'where' is drifting out of language. Now it has suggested that 'where'
should not longer be used as synonym of if to introduce a condition.

Above and below

These words are vague.
These words when used in the sense of "clause 4 above" or paragraph 6 below" are unnecessary.

Any, each, every and all

Most commentators agree that the indefinite article a can often be used instead of these words.

Sometimes it is appropriate to use them. For example, if you want to impose an obligation
separately on each individual in a class, it is appropriate to use each.

Each applicant must complete the prescribed form.

But it is possible, one can achieve the same meaning but wouldn't achieve the emphasis.

An applicant must complete the prescribed form.

Every applicant must complete the prescribed form.
All applicants must complete prescribed form.

Previous rule

1. Use any to give right, privilege, or power (eg: any applicant may complete the prescribed).
2. Use each to impose an obligation (eg: each applicant must complete the prescribed form).
3. Use no to restrict a right, privilege or power (eg: no applicant may complete the prescribed
form).

Indefinite article does the above work:

1. An applicant may complete the prescribed form.

2. An applicant must complete the prescribed form.
3. An applicant may not complete the prescribed form.

The same, the said, and such

These are words that are rarely seen outside legal and other "official document". They look
strange to most readers and make writing stilted.

The same

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Either replace those words with pronoun or leave them out and rephrase the sentence.

The property may be sold by the Executor auctioning the same either as:
The property may be sold by Executor auctioning it.
The property may be sold by Executor by auction.

The Said

Replace 'the said' with 'the', 'that' or 'those'.

The stock must be counted and the price for the said stock is to be calculated using a unit price of
$ 10.

The stock must be counted and the price for the stock is to be calculated using a unit price of $
10.

Such

... any such person must register an interest.

'Such' can always be replaced by 'the', 'that' or 'those' or pronoun.

Whereas and recitals

The problem with whereas is its archaic use in the sense of 'given the fact that'. The way lawyers
use it as a banner on the front of their documents, in the recitals:
WHEREAS...
AND WHEREAS...
AND WHEREAS...

Recitals are formal statement that come before the main body or "operative part" of an
agreement. They are mostly used to set out background materials.

For centuries, lawyers have used recitals in the deeds that form part of conveyancing transactions
for land with common law title. There, recitals can have special significance, for example, when
they give rise to a statutory presumption of the truth of matters concerning the relevant land.

But contracts are completely effective without the need for recitals. Even deed don't need them.

Modern principles of interpretation allow an investigation into the background facts surrounding
a contractual transaction anyway, even if they are not recorded in the document.

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 If we allow that something it might be useful to have some background materials set out in recital,
if only to give the reader the context of the transaction, it is better to give them a more useful
name for heading like Background or better still introduction.

Pursuant to

Ordinary people say "under" if they mean to refer loosely to something - under the law.
If they are being more specific, they say according to.

The Federal Court of Australia has indicated that pursuant to, pursuance of, by virtue of and in
the exercise of powers conferred by means same as under.
'Under' or 'because of' are recommended in the place of 'pursuant to', 'in pursuance of' and 'by
virtue of'.

Moneys and monies

Moneys and monies are archaic form of the word money.

The time problem

Lawyers talk about "at this particular point of time" rather than "now".

They use 'at any time' and 'from time to time'. They are not required because of constantly
speaking principle.

Hereafter, hereinafter and heretofore

These are archaic words.

Now

It creates difficulties.

Forthwith

Immediately is preferred in place of forthwith.

On demand

It is time honoured expression in the law and we can find it in countless loan and security
documents but the common law tells that a loan payable on demand does not actually have to be
repaid the minute the demand is placed.
Amount of time and other commodities

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 Lawyers have difficulty describing number and amounts.

The tenant must give not less than six months notice of its intention to terminate the
lease.

"not less than" or "not more than" does not help to solve problem.

This lift is licensed to carry not more than 15 people.

"Maximum 15 people" is better.

Purchase of land between 30 June and 31 December.

(Is 31 December inclusive?)

It is better to state "5pm of 31 December".

Put yourself in the shoes of the party trying to work out how much notice to give.

The Borrower must give more than one and less than three days notice of its intention to
prepay interest.

Did the writer mean two.

Drafting by stealth

Lawyers are often accused of saying very little and making it sound like something more than it is.

It is worse sin to say something and making it look like nothing.

Hiding matters among clauses that deal with a different issue.

Sometimes materials hidden in unexpected places like schedules.

Courts are examining documents more closely to see if the parties are aware of all their obligation.

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 4.5 Plain Language Vocabulary
Avoid Alternative
Abatement suspension
ab initio from the start
Above be specific
Abovementioned be specific
Accordingly so, therefore
affix (seal) place
afforded given
Aftermentioned be specific
Aforesaid omit
Aggregate total, sum
Agreeance agreement
Albeit although, even though
All the
all and singular all
allege claim
Amend alter
Ancillary associated
and / or and, or, either or both
Annex attached, add, include
Any the
appurtenant to relating to, concerning to
a priori from assumed principle
as a result of because of
Assist help
at any time omit
at this point of time now
Beforementioned be specific
Below be sepcific
Bequeath give
bona fide good faith, genuine, honest
by virtue of because of, under
Cease end, stop
Chattels goods
Commence begin / start
consequently so
considers expedient thinks fit
Construe interpret, find meaning
contained in in
covenant and agree agree

185
Curial of or by a court
the day and year first hereinbefore on the date of this agreement (state the date)
written
deem to be treat as, consider to be, take to be
Demur object, disagree
Derive come from
determine (as in terminate) end, finish
Devise give
dictated by required by
Disbursements money spent, out-op-pocket expenses
Each the
Effected made, done
Employ use
enclosed please find we enclose, here is
Endeavor try
Estop stop, prevent
et al and the others, the rest
el seq and those following
Every the
exceeding, in excess of more than over
Expeditiously quickly, as soon as possible (or state a time
limit)
Expend spend
expiration end
Extinguish end
Extraneous external, outside
Facilitate help, assist
fails to does not
for and on behalf of for
Forgoing earlier, or be specific
for the duration of during
Forward send, give
Forthwith immediately, as soon as possible, now (or
state a time limit)
from time to time omit
Furnish give
gift (verb) give
give consideration to consider
give devise and bequeath give
Grant give
Hence therefore
Henceforth from now on

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Hereafter after (and state date and time)
Hereby omit
Herein in this agreement
Hereinafter after, from the date of this agreement
hereinafter called omit
Hereinbefore before, before the date of this agreement
Hereof of it
Hereon on it
Hereto to it
Heretofore before, before the date of the agreement
Hereunto on it
Herewith omit
Hitherto before, before the date of this agreement
Howsoever omit
Implement carry out, fulfil
in accordance with following, according to
Incur become liable for, run up
Indicia features, indicators
indemnify, keep indemnified and indemnify
save harmless
Indicate show, tell, say
Initiate begin, start
in personam personal, personally
in pursuance of because of
in regard to about
in relation to about, for, as to
in respect of about, for, as to
insofar as as far as
institute proceedings begin or start proceedings, sue
Instrument document
inter alia among other things
Interlocutory temporary, pending a final hearing,
in the event of if
in the event that if
in the future after the date of his agreement
in the past before the date of this agreement
in witness whereof the parties have executed as a deed
hereunto set their hand and affixed
their seals
irrespective of whether or not, even if
is authorized to may, can
is entitled to may, can

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is not entitled to, has no power to cannot, must not
is not permitted to may not, must not
is not required to need not
is required to must
is prohibited from must not
issue (verb) give, publish, produce, deliver, start
it is important to note that omit
it is lawful for may, can
it may necessitate may, can
last will and testament will
Lodge send in, put in file
loss occasioned thereby resulting loss
make an application apply
make a statement state
make payment pay
make provision provide
manifest (verb) show
manifest (adjective) clear, obvious
material (facts, evidence) relevant
means and includes means, include
mens rea state of mind
Mitigate lessen, reduce
Monies money
Moneys money
mutatis, mutandis with the necessary changes
mutually agree agree
nothing in this clause this clause does not
not less than at least
not more than at most
Notwithstanding despite, even if
Now on the date of this agreement
now therefore this agreement omit
witnesseth
null void and of no effect has no effect
obiter, obiter dictum part of the judgment not essential to the
decision in the case, passing remark incidental
comment
on behalf of for
on each occasion when whenever
Onus responsibility
otherwise than except
pari passu equally

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per stripes the share of a deceased parent is divided
equally among their children, with
descendants of a deceased child dividing the
deceased child's share between them.
Pursue read
the premises this agreement, this dead
prima facie at first glance
prior to before
Propound purpose, put forward
Proscribe prohibit, forbid, now allow
Provide give
provided that but, if
Punctually on time
Purchaser buyer
pursuant to under, according to
Quantum amount
ratio decidendi reasons for decision
Re omit
Rectify make good
relating to about
release remise and forever quitclaim release
unto
Remit send
Render make, give
Request ask
Requisite required, necessary
res ipsa loquitur it speaks for itself
rest, residue and reminder rest, balance
Retain keep
said, the the, that, those
same, the use a pronoun
Save except
save and except except
shall (Present) draft in the present tense
shall (future) will
shall (imperative) must
sounding in resulting in, reflected by, leading to
Submit purpose, put forward
Subsequently then, after, later
subsequent to after
Such the, that, those (use a pronoun)
sui generis the only one of its kind

189
sui juris of full legal capacity
terms and condition terms
Testament will
testamentary disposition will
Thence afterwards, then
Thenceforth afterwards, from then on
Thereby by it
Therefor for it
Therein in it
Thereinafter afterwards, from then on, later
Thereof of it
Thereon on it
Therewith with it
these presents this agreement, this deed
to the effect that so
to wit namely
uberrimae fidei utmost good faith
Undermentioned omit, or use as mentioned later or be specific
undersinged (the) me (or use name)
Undue inappropriate, not called for
until such time until
Unto to
upon on
upon the expiration at the end
upon the (occurrence of x happening) when x happens
Utilize use
Vendor seller
we should point out that omit
Whatsoever omit or use whatever, no matter what
where (case) when if
WHEREAS RECITALS, BACKGROUND, INTRODUCTION
Whereby by it, by which
Whereof of it
Whereon on it
Whensoever omit, or use wherever, no matter ho
will suffice will do
with a view to to
with regard to about
with respect to about
with the result that so that
will and testament will

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 Questions

1. "Lawyers who write in plain language try to put themselves in the reader's shoes." Discuss it clearly.
2. Legal Language is the domain of a specialist occupation and the intended audience are experts in
the field." Discuss the nature of legal nature of legal language in the light of the given statement.
3. What is the importance of technical terms in law?
4. Write short note on paragraphs.
5. Critically explain any one of the following questions:
a. There are many form of plain language not just one. What is appropriate in one context may be
inappropriate in other. And it takes time to develop the necessary sensitivity to the problem of
your reader.
6. Explain critically the following statement: We might select plain words for our interest provisions,
and simple structure express clearly the way that interest is paid so that it is not penalty.
7. Why does the language of law requires technical terms.
8. Critical examine: "plain language writing is just the practice of written English (or French or
Germany or whatever else) in a clear and simple style. That's all."
9. Discuss Plain language in courts briefly.
10. Do we write paragraph that go on and on without break? Write a paragraph on tourism in Nepal.
11. Do you agree that lawyers have nasty habits? Describe with examples.

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 Unit 5: The Language of Law (8 hrs)

5.1 Nature of Legal English

5.2 Functions of Legal English
5.3 Features of Legal English
5.3.1 Types of Legal English
5.3.2 Language of the Courts
5.3.3 Development of Modern Legal English
5.3.4 Sources of Legal English
5.3.5 What Makes Legal Language Difficult
5.3.6 Legal Terms of Arts
5.3.7 Legal Jargons
5.3.8 Legal Meaning May Differ from General English

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 5.1 Nature of Legal English
Meaning

 Language is the human capacity for acquiring and using complex systems of
communication, and a language is any specific example of such a system.

 English is a West Germanic language that was first spoken in early medieval England (5 th
to 14th century) and is now a global lingua franca. It is an official language of almost 60
sovereign states, the most commonly spoken language in the United Kingdom, the
United States, Canada, Australia, Ireland, and New Zealand, and a widely spoken
language in countries in the Caribbean, Africa, and South Asia.

 It is the third most common native language in the world, after Mandarin (Chinese) and
Spanish. It is the most widely learned second language and is an official language of the
United Nations, of the European Union, and of many other world and regional
international organisations.

 Law is a system of rules that are enforced through social institutions to govern
behaviour. Laws can be made by a collective legislature or by a single legislator,
resulting in statutes, by the executive through decrees and regulations, or by judges
through binding precedent, normally in common law jurisdictions.

 Legal English is the style of English used by lawyers and other legal professionals in the
course of their work. It is English for Specific Purpose and a register (the style of a
language used in a particular context).

 Legal English has been referred to as a "sublanguage". This term suggests that legal
English differs from ordinary language in vocabulary, morphology (Studies of the rules
for forming admissible words), syntax, and semantics, as well as other linguistic
features.

 Specialized use of certain terms and linguistic patterns govern the teaching of legal
language: meaning that "we study legal language as a kind of second language, a
specialized use of vocabulary, phrases, and syntax that helps us to communicate more
easily with each other".

 The term legalese, on the other hand, is a pejorative (expressing disapproval) term
associated with a traditional style of legal writing that is part of this specialized
discourse of lawyers: communication that "lay readers cannot readily comprehend". It
describes poor legal writing that is cluttered, wordy, indirect, and uses unnecessary
technical words or phrases.

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  Historically, legalese is language a lawyer might use in drafting a contract or a pleading
but would not use in ordinary conversation. For this reason, the traditional style of legal
writing has been labeled reader-unfriendly. Proponents of plain language argue that
legal "writing style should not vary from task to task or audience to audience...;
whatever lawyers write must be Clear, Correct, Concise, and Complete". These 4 Cs
describe "characteristics of good legal writing style" in the United States.

 There are different kinds (genres) of legal writing: for example, (a) academic legal
writing as in law journals, (b) juridical legal writing as in court judgments, and (c)
legislative legal writing as in laws, regulations, contracts, and treaties. Another variety
is the language used by lawyers to communicate with clients requiring a more "reader-
friendly" style of written communication than that used with law professionals.

 For lawyers operating internationally, communicating with clients and other

professionals across cultures implies a need for transnational legal awareness and
transcultural linguistic awareness. Whatever the form of legal writing, both legal and
language skills form a vital part of higher education and professional training in today’s
global age.

 It is particularly relevant and applied to legal writing and the drafting of written material,
including:

• legal documents: contracts, licenses, etc.

• court pleadings: summonses, briefs, judgments, etc.
• laws: Acts of Parliament and subordinate legislation, case reports
• legal correspondence

 Legal English has traditionally been the preserve of lawyers from English-speaking
countries (especially the U.S., the UK, Canada, Australia, New Zealand, Kenya, and South
Africa) which have shared common law traditions.

 However, due to the spread of English as the predominant language of international

business, as well as its role as a legal language within the European Union, legal English is
now a global phenomenon. People refer it casually as lawspeak or legalese.

Nature of Legal English

1 The normative nature of legal language

Legal language is a normative language. People relate it with norm creation, norm
production and norm expression. Language used from law or legal sources is largely

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 prescriptive. The normative language of law derives from the fact that law has the basic
function in society of guiding human behaviour and regulating human relations. Law
embodies the ideals and standards people have and seek to realise in such concepts as
equity, justice, rights, liberty, equal protection and the general welfare that enter the
body of law.

Law has a normative existence that is embodied in the ideals and principles that people
cherish, the purposes and aspirations they pursue, and the notions they hold. These
constitute the existential goals of law. Thus, law exists as a set of prescriptions having the
form of imperatives, defining and enforcing the arrangements, relationships, procedures
and patterns of behaviour that society needs to follow.

Consequently, the language used in law to achieve its purpose is predominantly

prescriptive, directive and imperative. Concerned people write laws in language, the
function of which is not just to express or convey knowledge and information, but also to
direct, influence or modify people’s behaviour, whether it be a legal enactment, judicial
pronouncement or a contract.

2 The performative nature of legal language

Closely related to the normative nature of law and legal language is the notion that
language is performative. Law depends upon language, in particular the normative and
performative nature of language. In speech act theory as first proposed by J.L. Austin,
speech is not just words, as people normally associate it with, but also actions. Words are
not only something we use to say things, we also use them to do things. The performative
use of language is not exclusive to law, but law relies heavily on performative utterances.

Legal effects and legal consequences are commonly obtained by merely uttering certain
words, for instance, ‘You are guilty’, or ‘You are fined $1000’ as regularly pronounced in
court. Language used in law can perform such acts as conferring rights, prescribing
prohibition and granting permission. By merely uttering words, people accept public and
private legal responsibilities, assume legal roles and qualities, transfer legal rights and
impose or discharge obligations. Thus, legal speech acts are constitutive of their effects.

In relation to legal discourse, Danet classifies legal language use into different types of
speech acts, based on Searle’s general classification of speech acts. Thus, legal speech
acts consist of the following categories:

(a) Representatives, which are utterances that commit the speaker to something
being the case or assert the truth of a proposition, including testifying, swearing,
asserting, claiming and stating.

(b) Commissives, which commit the speaker to do something in the future, such as
in contracts, marriage ceremonies and wills.

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 (c) Expressives, which express the speakers’ psychological state about or attitude to
a proposition, including apologising, excusing, condemning, deploring, forgiving
and blaming.

(d) Declaratives, whose successful performance brings about a correspondence

between their propositional content and reality, including marriage ceremonies,
bills of sale, receipts, appointments, and nominations; and the legislative
stipulation of rights and of definitions of concepts; lawyers’ objections,
sentences, and appellate opinions, indictments, confessions, pleas of guilty/not
guilty, and verdicts.

There is a sub-category of representative declarations for certain institutional

situations, e.g. a judge makes factual claims, requires to issue claims with the
force of declaration, and this would require the speaker to have certain authority.
This would cover marriage ceremony, bills of sale, appointment or nominations,
legislative stipulation of rights and definition of concepts, indictments,
confessions, pleas of guilty/not guilty, and verdicts.

(e) Directives, the future-oriented speech acts, seek to change the world, to get
someone to do something, most prominent in legislation that imposes
obligations. Hence, the performative nature of language is indispensable to law
to achieving its purpose of regulating human behaviour and society and to set out
obligation, prohibition and permission.

3. The technical nature of legal language

Legal language is a technical language and legal translation is technical translation

involving special language texts. But in fact, there have been debates as to the nature of
legal language, whether legal language actually exists and whether it is a technical
language. There are two main positions regarding the nature of legal language. One
view holds that legal language is a technical language while the opposite view is that
there is no legal language, and, even if it exists, it is part of the ordinary language.

For the latter view, some question whether it is scientifically correct to speak of the
language of law. In this view, there is no law language. Legal language is no more than
a specialised form of the ordinary language. It is a use of the ordinary language for
particular purposes, and in this case, legal purpose. On the other hand, many believe
that legal language is an identifiable technical language. They accept the validity of the
designation ‘legal language’. Some even argue that it is a separate language, a sub-
language or a social dialect.

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4. The indeterminate nature of language

Language is inherently indeterminate. People often criticize this linguistic nature. They
perceive law with an ideal conception of language as precise, determinate, literal and
univocal. People tend to think that one can say and think anything clearly. Perhaps not!
In actual use, language falls far short of such an ideal conception. Moreover and
importantly, the universe and human behaviour are inherently uncertain and
indeterminate, law included. Ambiguity, vagueness, generality and other such features
are often pervasive as well as important. They are not the shortcomings of language use
or a deficiency in the system of natural language, not ‘the common cold of the pathology
of language’. One should not overrate linguistic uncertainty as an insurmountable
obstacle in communication because linguistic and pragmatic strategies often, although
not always, overcome such obstacles to achieve effective or successful communication.
Relevant to law, one can characterize language used in law as in other areas.

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 5.2 Functions of Legal English

1. Importance of the Theory of Communication

The most spectacular of these functions is to achieve Justice by means of language, that
is, to produce legal effects by speech acts. On the other hand, it is clear that legal language
transmits legal messages. At a more general level, this language reinforces the authority
of the Law, which contributes to maintaining order in society. In the next place, legal
language, as a differentiated and endogenous language, is apt to reinforce the team spirit
of the legal profession. Lastly, this language has linguistic policy goals. One can closely link
these goals to the cultural task of this language.

2. Achieving Justice

(a) Speech Acts and the Legal Order

According to the theory of speech acts and as John L. Austin and John Searle
said human used language not only to transmit messages or influence people’s
behaviour but to acts to realize objectives through this language. This is notably
so for religion and law. Speech acts are of fundamental importance from the
standpoint of the legal order. Given that the law is a metaphysical (without
material form or substance, highly abstract and overly theoretical)
phenomenon that is only “alive” in language, it is only by language means that
it is possible to change legal relationships. The language of the law is thus an
instrument of speech acts: it has a performative function. This is hardly a
coincidence if, in the Latin language, the word instrumentum signifies, besides
“instrument” or “means”, “document” as well.

(b) Form as Affirmation of Speech Acts

Legal certainty presupposes that one can verify existence of a speech act – a legal
act – in a trustworthy way. This is why legislation often requires a specific form
for such acts. This requirement of form is, in certain cases, very strict, and one
can achieve it normally through language: e.g., written form, signatures of the
parties or a notary, signature and countersignature of the authorities.

(c) Semiotic Acts (functions of sign and symbol)

In societies of the distant past, people often reinforced a speech act by a semiotic
act.
Semiotic acts are not only a historical phenomenon. For example chairperson of
a meeting strikes gavel, to confirm a decision taken, and negotiators handshake
on conclusion of an agreement. Indeed, semiotic acts today increasingly replace

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 speech acts, in matters of routine contracts. At the till in a food shop, a customer
in a hurry may simply hand over the items picked up and money enough or a
credit card, without a word (or, at most, acknowledging the assistant). On
conclusion of such a routine contract, they don't use any word at all; act replaced
language, on the one hand, by the fact of the customer handing over the food
items along with the money or a credit card, and on the other hand, by the fact
of the assistant handing over a receipt. An Italian researcher aptly calls this
phenomenon “silent law” (diritto muto).

3. Transmission of Legal Messages

Communication Theory and Law

Legal language transmits messages relative to the law, and facts of legal importance.
Through this language, we can become familiar with the content of laws and regulations,
judgments and administrative decisions, briefs and pleadings of advocates, indictments
of prosecutors, and so on.

4. Strengthening the Authority of the Law

All citizens need to respect a law. A penal judgment endeavours to put the offender back
on the right path and, at the same time, to deter individuals with a tendency to commit
crimes. In these contexts, legal language is an instrument of social management and
control. One of its important tasks is to consolidate social structures, the legal order, and
the taking of decisions on the basis of laws. The aim is by means of this language to
influence the behaviour of an individual, a section of the population, or the people as a
whole.

5. Strengthening Lawyers’ Team Spirit

Legal Language and Group Cohesion

Different professions develop forms of speech that suit them and that satisfy their needs.
They intend to use each of these forms of speech for communication within the

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 profession. At the same time, it operates as an esoteric (confined to one circle) language
that monopolises information. The special language of a restricted group is
incomprehensible to outsiders.

6 Linguistic Policy

Minority Protection vs. Language Unification

Linguistic policy aims to preserve or to change either the relationship between two or
more languages, or the properties (vocabulary, grammar, style) of a single language. Such
policy is sometimes protective, but people may dictate it by the needs of the exercise of
power. Very often, a contradiction occurs: it may be desirable, from the standpoint of
equality, to strengthen the status of regional or minority languages; however, the
effectiveness of the exercise of power requires consolidation of the position of the
dominant language. In the latter case, linguistic policy remains on the idea that the
functioning of government presupposes linguistic unification of the country. The idea is
that only linguistic unity can ensure that authorities throughout the country understand
a legal message, immediately, and in precisely the same way, without translation. At the
same time, the central power often aims to change linguistic conditions in a country, so
as thus to strengthen its cohesion.

7. The Cultural Task of Legal Language

Justice forms part of human culture. It follows that the language of the law forms part of
general linguistic culture. Given that people use legal language in important contexts and
that by nature it is dignified, even solemn, this language strongly influences ordinary
language – sometimes negatively, sometimes positively.

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 5.3 Features of Legal English

As noted above, legal English differs from standard English in a number of ways. The most
important of these differences are as follows:

(a) Use of terms of art: Legal English, in common with the language used by other trades and
professions, employs a great deal of technical terminology which is unfamiliar to the
layman (e.g. waiver, restraint of trade, restrictive covenant, promissory estoppels). They
derived much of this vocabulary from French and Latin.

These terms of art include ordinary words used with special meanings. For example, the
familiar term consideration refers, in legal English, to contracts, and means, an act,
forbearance or promise by one party to a contract that constitutes the price for which the
promise of the other party is bought (Oxford Dictionary of Law). Other examples are
construction, prefer, redemption (repayment of capital), furnish, hold, and find.

(b) Lack of punctuation: One aspect of archaic legal drafting – particularly in conveyances
(document of property transfer) and deeds – is the conspicuous absence of punctuation.
This arose from a widespread idea among lawyers that punctuation was ambiguous and
unimportant, and that the meaning of legal documents contained only in the words used
and their context. In modern legal drafting, people use punctuation, and it helps to clarify
their meaning.

(c) Use of doublets and triplets: There is a curious historical tendency in legal English to
string together two or three words to convey what is usually a single legal concept.
Examples of this are null and void, fit and proper, (due) care and attention, perform and
discharge, terms and conditions, dispute, controversy or claim, and promise, agree and
covenant. People originally did it for the sake of completeness. However sometimes the
words used mean exactly the same thing; although that is not always the case (dispute,
controversy or claim).

(d) Unusual word order: At times, the word order used in legal documents appears distinctly
strange. For example, the provisions for termination hereinafter appearing or will at the
cost of the borrower forthwith comply with the same. There is no single clear reason for
this, although the influence of French grammatical structures is certainly a contributory
factor.
(e) Use of unfamiliar pro-forms: For example, the same, the said, the aforementioned etc.
The use of such terms in legal texts is interesting since very frequently they do not replace
the noun – which is the whole purpose of pro-forms – but people used them as adjectives
to modify the noun. For example, the said John Smith.

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(f) Use of pronominal adverbs: People, often, do not use words like hereof, thereof, and
whereof (and further derivatives, including -at, -in, -after, -before, -with, -by, -above, -on,
-upon) in ordinary modern English. They use them in legal English primarily to avoid
repeating names or phrases. For example, the parties hereto instead of the parties to this
contract.
(g) -er, -or, and -ee name endings: Legal English contains some words and titles, such as
employer and employee; lessor and lessee, which indicate the reciprocal and opposite
nature of the relationship by the use of alternative endings.
(h) Use of phrasal verbs: Phrasal verbs play a large role in legal English, as they do in standard
English, and are often used in a quasi-technical sense. For example, parties enter into
contracts, put down deposits, serve [documents] upon other parties, write off debts, and
so on.

5.3.1 Types of Legal English

1. Classification based on sub-genres

 One can divide Legal language into sub-genres (kind), particularly according to
the various sub-groups of lawyers.
 Language of each subgroup of lawyers to some degree possesses particular
characteristics (vocabulary, style).
 Similarly it applies to language of legal authors, legislators (laws and
regulations), judges, and administrators, as well as advocates.
 The division of legal language into sub-genres is a relative matter. Here, the
traditions of the country concerned play an important part. For example, in
continental Europe, one can refer to notarial language. The reason is simple. In
these countries – notably Latin countries – the notarial profession prepares
private-law documents. A notary is a lawyer who is in part official and advocate.
The long traditions of the notarial college explain the specific characteristics of
their language.
 The language of legal authors has greater freedom than the other sub-genres of
legal language. At the same time, legal authors employ a good deal of scholarly
vocabulary, notably Latin terms and sayings.
 Courtroom language is especially formal, often archaic. It often has a categorical
character, in that judges use unreserved declarations and peremptory (no
contradiction) orders. In certain countries, such as France, courtroom language is
also laconic (brief) when it comes to reasoning of judges.
 By contrast, detailed argumentation, along with an abundance of rhetoric,
typifies the language of counsel (lawyer pleading case). In certain domains of
legal language, notably in judgments, highly complex sentence construction
was formerly used – in some countries, that still remains the case today. Finally,

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 texts of whatever genre of legal language understandably include many legal
terms.
 Legal language can be divided into sub-genres on the basis of branches of law.
The main distinguishing criterion then becomes the specialist terminology of each
branch. Criminal law, for example, contains scores of terms that are almost never
used in texts on the law of property or constitutional law. Equally, in some
branches of the law legal terminology is mixed with non-legal technical
terminology: for example, criminal law involves psychiatric terminology, while
land law involves surveys, and tax law involves accountancy.

2. Classification based on Languages

(a) Legal Latin Language

Roman law is the legal system of ancient Rome, and the legal developments
spanning over a thousand years of jurisprudence, from the 12 Tables (c. 449 BC),
to the Corpus Juris Civilis (AD 529) ordered by Eastern Roman emperor Justinian
I.

The Law of the Twelve Tables (Latin: Leges Duodecim Tabularum or Duodecim
Tabulae) was the ancient legislation that stood at the foundation of Roman law.
The Law of the Twelve Tables formed the centrepiece of the constitution of the
Roman Republic and the core of the mos maiorum (custom of the ancestors).

The Twelve Tables came about as a result of the long social struggle between
patricians (well-off) and plebeians (commoner). After the expulsion of the last
king of Rome, Tarquinius Superbus, the Republic was governed by a hierarchy of
magistrates. Initially only patricians were eligible to become magistrates and this,
among other plebeian complaints, was a source of discontent for plebeians. In
the context of this unequal status, plebeians would take action to secure
concessions for themselves using the threat of secession. They would threaten to
leave the city with the consequence that it would grind to a halt, as the plebeians
were Rome's labour force. One of the most important concessions won in this
class struggle was the establishment of the Twelve Tables, establishing basic
procedural rights for all Roman citizens as against one another.

The historical importance of Roman law is reflected by the continued use of Latin
legal terminology in legal systems influenced by it.

After the dissolution of the Western Roman Empire, the Justinian Code remained
in effect in the Eastern empire, known in the modern era as the Byzantine Empire
(331–1453). From the 7th century onward, the legal language in the East was
Greek.

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 "Roman law" also denotes the legal system applied in most of Western Europe
until the end of the 18th century.

In Germany, Roman law practice remained in place longer under the Holy Roman
Empire (963–1806). Roman law thus served as a basis for legal practice
throughout Western continental Europe, as well as in most former colonies of
these European nations, including Latin America, and also in Ethiopia.

English and North American common law were influenced also by Roman law,
notably in their Latinate legal glossary.

Eastern Europe was also influenced by the jurisprudence of the Corpus Juris
Civilis, especially in countries such as medieval Romania (Wallachia, Moldova, and
some other medieval provinces/historical regions) which created a new system,
a mixture of Roman and local law.

Also, the Eastern Europe law was influenced by the "Farmer's Law" of the
medieval Byzantine legal system.

(b) Ancient Germanic Legal Language

After the fall of the Roman Empire, the Germanic tribes assembled their legal
rules in laws called by Latin authors “barbarian” (leges barbarorum), e.g.: lex
Salica

Lex Salica or Salian Law, was the major body of Frankish law governing all the
Franks of Frankia under the rule of its kings during the Old Frankish Period,
approximately equal to the early Middle Ages. The laws were maintained in
written form in the Latin language by a committee empowered by the monarch.
Dozens of manuscripts dated from the 8th century of a putative original recension
in the 6th century and three emendations (correction) as late as the 9th century
have survived.

Salic law provided written codification of both civil law, such as the statutes
governing inheritance, and criminal law, such as the punishment for murder. It
has had a formative influence on the tradition of statute law that has extended
to modern times in Central Europe, especially in the German states, France,
Belgium, the Netherlands, parts of Italy, Austria and Hungary, Romania, and the
Balkans.

The barbarian laws were in Latin. The same was also the case for other legal
documents in the German linguistic zone from the great migrations to the 13th
century. We can see this heritage still reflected today.

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 German-speaking lawyers nowadays use loanwords dating from that era, or even
from earlier times. For example, the word Pacht [‘lease’] was formed on the basis
of the plural of the word pactum as long ago as the Germanic era. Latin language
of the Germanic laws of the Middle Ages was a mixture of Germanic and Roman
styles.

German was language of legal proceedings on German-speaking territories. In

court sittings, German judges always used the vernacular (vulgar tongue). In the
Middle Ages, this meant using different dialects of Old German.

Several Latin law codes of the Germanic peoples written in the Early Middle Ages
(also known as leges barbarorum "laws of the barbarians") survive, dating to
between the 5th and 9th centuries. Roman law, ecclesiastical law, and earlier
tribal customs influenced them.

(c) Legal French Language

Law French

 Following the Norman invasion of England in 1066, Anglo-Norman French

became the official language of legal proceedings in England for a period
of nearly 300 years (and continued in minor use for another 300 years),
while people used Latin for written records for over 650 years. Some
English technical terms remained in use, however.

 In legal pleadings, Anglo-Norman developed into Law French, from which

many words in modern legal English came. These include property,
estate, chattel, lease, executor, and tenant. The use of Law French during
this period has an enduring influence on the general linguistic register of
modern legal English. It also accounts for some of the complex linguistic
structures employed in legal writing.

Legal French

 The French legal system belongs to the civil law tradition, like most
continental European countries.

 France is often classified as part of the Romano-Germanic family of law,

because of its historical links with both Roman law, revived in the
universities since the 12th century, and Germanic customary law.

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 From the thirteenth century on, the Northern part of France was under
the influence of droit coutumier (Germanic tribe customs), and the
Southern part was controlled by droit écrit (Roman law influence). During
the period from the 16th century to the Revolution, known as the Ancien
Régime (ancien droit), France emerged as a nation-state, under the
strong centralization of royal authority.

 The sources of law of that period included coutumes locales (local

customs), Roman law, canon law, royal ordinances, the caselaw of the
Parliaments, and doctrinal writings (doctrine).

 Law was taught in the universities. Academic writers exercised an

important influence on the development of a droit commun (jus
commune) through systematic expositions of the law.

 Charles Dumoulin, in the 16th century, wrote an influential commentary

on the Custom of Paris (1559) and synthesized Roman law with
contemporary practice.

 In the 17th century, Jean Domat, in his seminal work "les lois civiles dans
leur ordre naturel," (1689) systematically expounded principles of Roman
law, holding them out as a coherent body of legal rules in accordance to
principles of natural law.

 Robert Joseph Pothier wrote several treatises on the whole of private

law, and exercised an immense influence on the drafters of the code civil
especially in the area of obligations.

 The natural law movement of the 17th and 18th centuries led to the
concept of law systematized and founded on reason. These influences led
to the codification movement.

 The period of the Droit intermédiaire (1789-1803, between the

Revolution and Napoleon), saw a period of tumultuous and violent
alteration to the social order. In the midst of much bloodshed, it
abolished ancient privileges, established equality before the law, the
guarantee of individual liberties, and the protection of private property.

 It introduced a fundamental break with regard to constitutional law, with

the introduction of a written constitution separating legislative, executive
and judicial powers, and establishing a dual court structure, regular and
administrative courts.

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  Napoleon's major achievement was the drafting of the Code civil des
français, as well as four other codes which unified private law, while
public law (administrative and constitutional law) developed in the 19th
century.

 In academic terms, French law can be divided into two main categories:
private or judicial law ("droit privé") and public law ("droit public").

Judicial law includes, in particular:

(a) civil law ("droit civil") and
(b) criminal law ("droit pénal").

Public law includes, in particular:

(a) administrative law ("droit administratif") and
(b) constitutional law ("droit constitutionnel").

 Together, in practical terms, these four areas of law (civil, criminal,

administrative and constitutional) constitute the major part of French
law.

 The announcement in November 2005 by the European Commission that,

on the basis of powers recognised in a recent European Court of Justice
("ECJ") ruling, it intends to create a dozen or so European Union ("EU")
criminal offences suggests that one should also now consider EU law
("droit communautaire", sometimes referred to, less accurately, as "droit
européen") as a new and distinct area of law in France (akin to the
"federal laws" that apply across States of the US, on top of their own State
law), and not simply a group of rules which influence the content of
France's civil, criminal, administrative and constitutional law.

3. Classification based on legal system

The contemporary legal systems of the world are generally based on one of three basic
systems: civil law, common law, and religious law – or combinations of these. However,
the legal system of each country is shaped by its unique history and so incorporates
individual variations.

(a) Civil law

Civil law is the most widespread system of law around the world. It is also
sometimes known as Continental European law. The central source of law that is

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 recognized as authoritative is codifications in a constitution or statute passed by
legislature, to amend a code.

While the concept of codification dates back to the Code of Hammurabi in

Babylon around 1790 BC, civil law systems derive from the Roman Empire and,
more particularly, the Corpus Juris Civilis issued by the Emperor Justinian around.
AD 529.

This was an extensive reform of the law in the Byzantine Empire, bringing it
together into codified documents. Civil law was also partly influenced by religious
laws such as Canon law and Islamic law. Civil law today, in theory, is interpreted
rather than developed or made by judges. Only legislative enactments (rather
than legal precedents, as in common law) are considered legally binding.

Scholars of comparative law and economists promoting the legal origins theory
usually subdivide civil law into four distinct groups:

French civil law: in France, the Benelux countries, Italy, Romania, Spain and
former colonies of those countries;

German civil law: in Germany, Austria, Switzerland, Estonia, Latvia, former

Yugoslav republics, Greece, Portugal and its former colonies, Turkey, Japan, and
the Republic of China;

Scandinavian civil law: in Denmark, Norway and Sweden. As historically

integrated in the Scandinavian cultural sphere, Finland and Iceland also inherited
the system.

Chinese law: a mixture of civil law and socialist law in use in the People's Republic
of China.

(b) Common law

Common law and equity are systems of law whose sources are the decisions in
cases by judges.

Alongside, every system will have a legislature that passes new laws and statutes.
The relationships between statutes and judicial decisions can be complex. In
some jurisdictions, such statutes may overrule judicial decisions or codify the
topic covered by several contradictory or ambiguous decisions.

In some jurisdictions, judicial decisions may decide whether the jurisdiction's

constitution allowed a particular statute or statutory provision to be made or

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 what meaning is contained within the statutory provisions. Statutes were allowed
to be made by the government.

Common law developed in England, influenced by Anglo-Saxon law and to a much

lesser extent by the Norman conquest of England which introduced legal
concepts from Norman law, which had its origins in Salic law. Common law was
later inherited by the Commonwealth of Nations, and almost every former colony
of the British Empire has adopted it (Malta being an exception). The doctrine of
stare decisis or precedent by courts is the major difference to codified civil law
systems.

Common law is currently in practice in Ireland, most of the United Kingdom

(England and Wales and Northern Ireland), Australia, New Zealand, Bangladesh,
India (excluding Goa), Pakistan, South Africa, Canada (excluding Quebec), Hong
Kong, the United States (excluding Louisiana) and many other places.

In addition to these countries, several others have adapted the common law
system into a mixed system. For example, Nigeria operates largely on a common
law system but incorporates religious law.

In the European Union, the Court of Justice takes an approach mixing civil law
(based on the treaties) with an attachment to the importance of case law. One of
the most fundamental documents to shape common law is Magna Carta which
placed limits on the power of the English Kings. It served as a kind of medieval bill
of rights for the aristocracy and the judiciary who developed the law.

(c) Religious and Sharia law

Religious law refers to the notion of a religious system or document being used
as a legal source, though the methodology used varies. For example, the use of
Jewish Halakha for public law has a static and unalterable quality, precluding
amendment through legislative acts of government or development through
judicial precedent; Christian Canon law is more similar to civil law in its use of civil
codes; and Islamic Sharia law (and Fiqh jurisprudence) is based on legal precedent
and reasoning by analogy (Qiyas), and is thus considered similar to common law.

The main kinds of religious law are Sharia in Islam, Halakha in Judaism, and canon
law in some Christian groups. In some cases these are intended purely as
individual moral guidance, whereas in other cases they are intended and may be
used as the basis for a country's legal system. The latter was particularly common
during the Middle Ages.

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 The Islamic legal system of Sharia (Islamic law) and Fiqh (Islamic jurisprudence) is
the most widely used religious law, and one of the three most common legal
systems in the world alongside common law and civil law.

It is the most protected divine law, because, the majority of the rulings of Sharia
law are based on the Qur'an and Sunnah, while a small fraction of its rulings are
based on the Ulema (jurists) who used the methods of Ijma (consensus), Qiyas
(analogical deduction), Ijtihad (research) and Urf (common practice) to derive
Fatwā (legal opinions).

An Ulema was required to qualify for an Ijazah (legal doctorate) at a Madrasa

(school) before they could issue Fatwā. During the Islamic Golden Age, classical
Islamic law may have had an influence on the development of common law and
several civil law institutions. Sharia law governs a number of Islamic countries,
including Saudi Arabia and Iran, though most countries use Sharia law only as a
supplement to national law. It can relate to all aspects of civil law, including
property rights, contracts or public law.

The Halakha is followed by orthodox and conservative Jews in both ecclesiastical

and civil relations. No country is fully governed by Halakha, but two Jewish people
may decide, because of personal belief, to have a dispute heard by a Jewish court,
and be bound by its rulings.

Canon law is not divine law, properly speaking, because it is not found in
revelation. Instead, it is seen as human law inspired by the word of God and
applying the demands of that revelation to the actual situation of the church.
Canon law regulates the internal ordering of the Catholic Church, the Eastern
Orthodox Church and the Anglican Communion. Canon law is amended and
adapted by the legislative authority of the church, such as councils of bishops,
single bishops for their respective sees, the Pope for the entire Catholic Church,
and the British Parliament for the Church of England.

5.3.2 Language of the Courts

Legal/forensic linguistics

- Lawsuits, indictments, pleadings, briefs, legal opinions, and, laws and statutes are all
revealed and preserved in written language.
- Courtroom appearances and testimony, although presented orally, end up in written form
and even oral evidence gets transformed into written transcripts.
- Courtroom setting: In Europe, judges call upon experts to analyze evidence. Expert
reports are read by judges, who may, but usually do not, ask the experts to testify about
their reports at trial. In common procedure in the United States, experts are called by one
side of the case and give testimony on behalf of that side.

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- Forensic linguistics covers a wide range of topics, including the language used in trials by
judges, lawyers and witnesses; the language of the law itself; the language used in civil
cases; and the language used in criminal cases.
- Civil cases, including trademark disputes; product liability; deceptive trade practices;
discrimination by age, gender, race, and employment; defamation (slander and libel);
business fraud; contract disputes (including insurance policies); and copyright
infringement.
- Criminal cases include confessions, police interrogation, child sexual abuse interviews,
perjury, adult sexual misconduct, price fixing, money laundering, illegal purchases and
sales, and trade secrets.
- Some cases overlap the usual civil/criminal categories, such as authorship analysis and
speaker identification.
- Linguists use tools of phonetics, phonology, morphology, syntax, semantics, pragmatics,
speech acts, discourse analysis, sociolinguistics, dialectology, lexicography, language
learning, and the processes of language change, depending on the nature of the law case.
- Lawyers, judges and juries speak and write the language but cannot see it the way
specialists can. The patient sees the same X-ray that the dentist sees but the dentist is
trained to see structures and features that go unnoticed by the patient.
- Trial, including juror qualification, preliminary instructions, opening statements,
questions and answers, final arguments, and jury instructions.
- Plain Language: Words and sentences can be shortened, active verbs can replace passives,
technical terms and jargon can be avoided, Latin and foreign language words and
expressions can be scuttled, definitions can be added, sentences with more than one
conditional clause can be eliminated, and expressions that cite exceptions to exceptions
can be clarified and simplified. Legal language, like other forms of jargon, is perfectly
acceptable when used internally, but it can become very troublesome when used outside
the context of the inner group

EXAMINATION-IN-CHIEF

- The aim of the examination-in-chief is to get the witness to tell the court his or her
version of events. In practice, the witness statement exchanged prior to the trial will
often stand as the witness’ evidence-in-chief. The lawyer will then simply seek
explanatory comments from the witness where necessary.
- Where a witness does give evidence-in-chief in full before the court, the lawyer
should take the witness through all the evidence which he or she wishes to obtain
from that witness. Vital facts should not be omitted.
- Leading questions are not allowed during the examination-in-chief. These are
questions which contain their own answers. Often, but not always, they are questions
to which the only answer is ‘yes’ or ‘no’. For example, the question, ‘Did you last see
him at 10.00 a.m.?’ is a leading question. It should be rephrased as, ‘When did you
last see him?’

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- At the beginning of the examination-in-chief, you should ask the witness to introduce
himself or herself to the court by providing details of his/her name, address, and, if
relevant to the case, employment details. Then you should refer the witness to the
dispute being tried and to the point at which his or her evidence begins. You should
then take the witness through the evidence in a logical way. It is usually best to
approach the evidence in a chronological order. Then stop. Do not repeat yourself.
- Generally, questions beginning with what, where, who, when, how and why are open
questions and are the best way of obtaining information on examination-in-chief.
- If you think the cross-examination is likely to reveal unhelpful information, consider
whether it might be better to introduce it in evidence during your examination-in-
chief.

CROSS-EXAMINATION

- Examination-in-chief is followed by cross-examination. The purpose of cross-

examination is to challenge the version of events given during examination-in-chief.
- There is no rule which prevents the asking of leading questions in cross-examination.
In fact it is best to control the witness when conducting a cross-examination. One of
the best ways of doing this is to limit your questions exclusively to leading questions,
or to questions to which the witness can reply only with yes or no or other one-word
answers.
- You may challenge a witness either on specific parts of his or her evidence, or by
challenging his or her credibility more generally, for example, by demonstrating to
the court that the witness is biased, or untrustworthy.
- The cross-examining lawyer must put his own client’s case to the witness in cross-
examination, where that witness is in a position to comment on it.
- Do not conduct a cross-examination that does nothing more than allow the witness
to repeat his or her evidence given during the examination-in-chief.
- Only cross-examine the witness if there is something to be gained by doing so. Work
out want you want to achieve, organise your points by subject, and go through them.
Cross-examination need not cover all the ground covered in the examination-in-chief
– only ask a question if there is something to be gained from the expected answer.
Be cautious about asking a question to which you do not know what the answer is
likely to be.
- Cross-examination need not be conducted in an aggressive manner. You will probably
get more out of a witness by setting him or her at ease than by creating a
confrontational relationship by hostile questioning. In many cases the combination of
an apparently soft style with very direct questions will produce better results than
direct questions accompanied by an aggressive style – it is the tone of voice, more
than the nature of the question that alerts the witness to your intentions.

RE-EXAMINATION

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- Finally, the examining advocate has the opportunity to re-examine the witness on any
matters which arose during the cross-examination. The purpose of the re-
examination is to give the examining advocate an opportunity to salvage evidence
shaken in cross-examination and restore the witness’ credibility. No new evidence
may be admitted in re-examination without the leave of the judge.
- The rule against leading questions applies to re-examination as it does to
examination-in-chief.

GENERAL POINTS
- Your questions should be short, simple and easy to understand, for a number of
reasons:
• It is essential for your audience to understand your question to enable them to
understand the answer.
• On an examination-in-chief, the insecurities and anxieties of the witness on whose
evidence you are relying will only be increased if he or she does not understand the
question.
• On a cross-examination, a complex or argumentative question provides an
opportunity for the witness to evade the point.
- Avoid asking about more than one thing per question!
Listen to the witness’s answers. In examination-in-chief, if you do not get the
necessary evidence before the court, you may not have an opportunity to do it later.
In both examination-in-chief and cross-examination, you are entitled to answers from
the witness for your questions and you should make sure you get them.
- You should be polite to the witness and allow him or her to finish answers to your
questions (resist the temptation to try to cut your witness off if it looks like he or she
is not giving quite the answer you wanted!).
- You should cross-examine on facts not assertions. For example, saying ‘You are
dishonest’ provides the witness with the opportunity for denial. Saying, ‘You have six
convictions for offences of dishonesty, don’t you?’ gives scope for a yes or no answer
only.

STRUCTURE OF A CIVIL TRIAL

- A civil trial in the English courts follows this basic structure:
1 The claimant’s lawyer will make an opening speech to the court. This speech should:
(a) state the nature of the case before the court;
(b) state the issues which will need to be decided;
(c) summarise the facts which you will seek to establish during the trial.

2 The claimant’s lawyer will then call the claimant’s first witness and will conduct
an examination-in-chief.
3 The defendant’s lawyer will then have the opportunity to cross-examine this
witness.

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4 The claimant’s lawyer may then conduct a re-examination of the witness if
appropriate.
5 The claimant’s lawyer will then call any further witnesses and the process will be
repeated.
6 Once all the claimant’s witnesses has been heard, the defendant’s witnesses will
be called one by one to give evidence in the same way as indicated in steps (2)–
(4) above.
7 The claimant’s lawyer will give a closing speech to the court. This speech should
summarise the argument that underpins the whole case, which you hope will
persuade the judge to decide the case in your favour. The suggested structure for
this speech is as follows:
(a) Introduction
(b) Issues
(c) Narrative
(d) The argument
(e) Confirmation and refutation
(f) Result
8 The defendant’s lawyer will give a closing speech to the court. This will follow a
similar structure to that presented by the claimant’s lawyer, but will present an
alternative theory of the case designed to persuade the judge not to decide in
favour of the claimant.
9 The judge will pass judgement and make an order.
- The burden of proof in a civil case is for the claimant to prove his or her case on the
balance of probability. This may be contrasted with the criminal law burden of proof
which is for the prosecution to prove the case beyond reasonable doubt.

MODES OF ADDRESS IN COURT

- The table below sets out the names of some of the personnel who appear in court
and how these persons are traditionally addressed. Note that the scope of this table
is limited to the English courts. The terms ‘Your Honor’ or ‘Judge’ are however widely
used in the US in respect of judges.

Title Mode of address in court

High Court Judge My Lord/My Lady, Your Lordship/Your
Ladyship
Judge (except High Court) Your honour
Magistrates (when addressing Your Worships
several collectively)
Magistrate (when addressing a Your Worship OR Sir/Madam
single magistrate)
District Judge, Master Sir/Madam
Chair of Tribunal Sir/Madam

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 Barrister My learned friend (when addressed by
another barrister or solicitor – when
addressed by a judge the title
Mr/Ms/Miss/Mrs is likely to be used,
followed by the barrister’s surname) OR
Counsel for the
[Prosecution/Claimant/Defendant]
Solicitor My friend (when addressed by another
solicitor or barrister – when addressed by
a judge the title Mr/Ms/Miss/Mrs is likely
to be used, followed by the solicitor’s
surname)
Claimant or Defendant in person If addressed directly, the Claimant or
Defendant is referred to either as Claimant
or Defendant OR by his or her title and
surname (e.g. Mr Smith, Ms Jones)

5.3.3 Development of Modern Legal English

- The English language contains elements from many different European languages and
has also borrowed words from a wide variety of other languages. It is impossible to
grasp how these influences affect the language without knowing a little about the
history of the British Isles.
- Prior to the Roman invasion in 55 BC, the inhabitants of Britain spoke a Celtic dialect.
Latin made little impression until St. Augustine arrived in 597 AD to spread
Christianity. Latin words are regularly used in English, particularly in professional
language. In the legal profession, Latin phrases like inter alia (amongst others) and
per se (in itself) remain in current use.
- Subsequently, the Angles, Saxons and Jutes invaded the British Isles from mainland
northern Europe. The language they brought with them forms the basis of what is
known as Old English. This gives us the most commonly used words in the English
language (words like god, man, land, bread, fish, beer). A simple comparison with the
modern German translation of these words (gott, mann, land, brot, fisch, bier)
indicates their common origin.
- The Vikings began to raid the north-east of England from Scandinavia from the eighth
century onwards. At a later date, a significant number of Vikings settled in this area,
bringing with them their own linguistic contribution (which can be seen for example
in the numerous place names in the north-east of England (and Scotland) ending in -
by or -thorpe, -wick, -ham and in words such as egg, husband, law, take, knife).
- In 1066 the Normans invaded from northern France and conquered England. Words
such as court, parliament, justice, sovereign and marriage come from this period.

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 - Later, the English helped themselves initially to further words from French, such as
chauffeur, bourgeois, elite. As the British Empire expanded, further opportunities to
borrow words arose – words such as taboo and pukka (genuine, absolutely) came into
the English language from that period.
- The result of this multiplicity of linguistic influences is a rich and diverse language with
a complex grammar and many synonyms. For example, a coming together of two or
more people could be a meeting or gathering (Old English), assignation or encounter
(Old French), a rendezvous (meeting place, meeting), rally or reunion (French), a
caucus (Algonquin), pow-wow (Narragansett) or a tryst (Old French).
- Matters are complicated still further by the fact that from the 17th century onwards,
the process of colonisation began in earnest. Starting with Ireland and then moving
outside the British Isles to North America, Australia, the West Indies, India and
numerous other territories, colonial influence and with it the English language began
to spread around the globe.
- Colonial rule largely collapsed after World War II, but English in different forms and
dialects persists as the national language or an important second or third language in
many countries. The English spoken in one country may be quite different from that
spoken in another. Due to this, it is perhaps possible to speak of ‘Englishes’ rather
than ‘English’. Differences between the written English used in one country and
another are less marked than those that exist between the types of spoken English
used, but there are significant variations, in particular, between British and American
English.

5.3.4 Sources of Legal English

- Legal English reflects the mixture of languages which has produced the English
language generally. However, modern legal English owes a particular debt to
French and Latin. Following the Norman invasion of England in 1066, French
became the official language of England, although most ordinary people still
spoke English. For a period of nearly 300 years, French was the language of legal
proceedings, with the result that many words in current legal use have their roots
in this period. These include property, estate, chattel, lease, executor and tenant.
- During this period, Latin remained the language of formal records and statutes.
However, since only the learned were fluent in Latin, it never became the
language of legal pleading or debate.
- Therefore, for several centuries following the Norman invasion, three languages
were used in England. English remained the spoken language of the majority of
the population, but almost all writing was done in French or Latin. English was not
used in legal matters.
- In 1356, the Statute of Pleading was enacted (in French). It stated that all legal
proceedings should be in English, but recorded in Latin. Nonetheless, the use of
French in legal pleadings continued into the 17th century in some areas of the
law. In this later period, new branches of, in particular, commercial law began to

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 develop entirely in English and remain relatively free of French-based
terminology.
- As the printed word became more commonplace, some writers made a deliberate
effort to adopt words derived from Latin, with the aim of making their text appear
more sophisticated. Some legal words taken from Latin in this way are adjacent,
frustrate, inferior, legal, quiet and subscribe. Some writers also started to use a
Latin word order. This led to an ornate (decorative) style, deliberately used to
impress rather than inform. Even today, Latin grammar is responsible for some of
the ornateness and unusual word order of legal documents. It also lies behind the
frequent use of shall constructions in legal documents.
- English was adopted for different kinds of legal documents at different times.
Wills began to be written in English in about 1400. Statutes were written in Latin
until about 1300, in French until 1485, in English and French for a few years, and
in English alone from 1489.

5.3.5 What Makes Legal Language Difficult

WHAT MAKES ENGLISH DIFFICULT?

It is said of chess that the game takes a day to learn, and a lifetime to master. In similar
vein, English is reputed to be an easy beginner’s language in which it is nevertheless very
hard to achieve native-level fluency. Why is this?
There are probably four main factors that make English difficult to master. These are:
1 Lack of clear rules of grammar. We have seen how English is a product of various
different linguistic traditions. One of the most exasperating (making worse)
results of this is a confusing system of grammar, which is the result of the rules of
one linguistic tradition being forced to compromise with those of another. English
does have grammatical rules course, but they are complex and sometimes
inconsistent. Furthermore, a great deal of English phrasal construction is purely
idiomatic and therefore difficult to explain by reference to grammatical rules.

2 Extensive vocabulary. There are many different ways of saying the same thing in
English. This is again due to the fact that English draws upon different linguistic
traditions. For example, if you wanted to say that something was legally
permissible, you could use the Old Norse (Scandinavian)-derived word, lawful.
Alternatively, you could use the Latin-derived word, legitimate. Or, if you wanted
a more emotive word, you could use the Old English word, right. To take another
example, when talking about employment do you say calling, career, profession,
employment, job, work, occupation or vocation?

3 The use of phrasal verbs in English (and legal English). For example, you put
down a deposit, and you enter into a contract. These combinations must be
learned individually because they involve using a verb with a preposition or
adverb or both; and, as noted above, prepositions do not always follow clear

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 grammatical rules. Some of the phrasal verbs most commonly used in legal
English are set out in a glossary at the back of the book.

4 The use of idioms. Idioms are groups of words whose combined meaning is
different from the meanings of the individual words. For example, the expression
over the moon means ‘happy’. Idioms are frequent in ordinary English – they are
a distinctive element of the way native English speakers use the language. They
are found less often in legal English, but exist in some legal jargon. For example,
the expression on all fours refers to a lawsuit in which all the legal issues are more
or less identical to those in another case.

WHAT MAKES LEGAL LANGUAGE DIFFICULT?

- One of the main reasons why legal language is sometimes difficult to understand
is that it is often very different from ordinary English. This arises partly from the
purposes for which it is used and partly from certain habits of writing that derive
from its historical linguistic roots.

1. The purpose of legal language

The main purpose of legal language is not so much to communicate but to
regulate. This is very clearly the case where legislation is concerned, but is also
true of private arrangements between parties which are intended to have legal
effect.
A contract, for instance, is essentially a system of rules agreed between the
parties designed to regulate their commercial relationship, or a certain aspect of
it. It lays down the conditions on which the contract or certain parts of the
contract come into effect, states the obligations to which each party is subject,
makes clear what each party may or may not do in performing the contract, and
contains provisions dealing with what will happen in the event of a breach of
contract.

2 Odd habits of legal writing

The general trend of modern legal writing is to make a greater effort to resemble
ordinary modern business writing. However, traditional legal writing (which
stubbornly persists in certain countries and certain types of law) is characterised
by a number of odd features.
Here are some of them.
• Sentences often have apparently peculiar structures and wording. For
instance, ‘due performance by the Employer of the Contract in the
manner hereinafter appearing’ means that the employer must carry out
the terms of the contract in the way the contract specifies in the
provisions lower down in the document than this one.
• Punctuation is used insufficiently. This is particularly the case in
documents relating to land, such as deeds and conveyances.

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 • Foreign phrases are sometimes used instead of English phrases (e.g. inter
alia instead of among others, void ab initio instead of invalid from the
start).
• Unusual pronouns are used (the same, the aforesaid etc).
• Unusual set phrases are used (null and void, all and sundry).
• Semi-archaic here-, there- and where- formulations such as hereof,
hereinafter, whereas, therein and hereby remain in fairly frequent use in
contracts and other legal documents.

Difficult and unfamiliar words and phrases

In addition, a large number of difficult and unfamiliar words and phrases are used in
legal English. These fall into four categories, brief details of which are given below.

5.3.5 Legal Terms of Arts

- Legal terms of art are technical words and phrases which have precise and fixed legal
meanings and which cannot usually be replaced by other words. Some of these will
be familiar to the layperson (e.g. patent, share, royalty). Others are generally only
known to lawyers (e.g. bailment, abatement).

5.3.6 Legal Jargons

- Terms of art should be differentiated from legal jargon. Legal jargon comprises words
used by lawyers which are difficult for non-lawyers to understand. Jargon words
range from near-slang to almost technically precise words. Well-known examples of
jargon include boilerplate clause (Clauses that usually appear at the end of a contract.
Sometimes they are referred to as the “miscellaneous” clauses. Such term refers to
the relatively standardised clauses in contracts, which are often agreed with little or
no negotiation and found towards the end of an agreement.) and corporate veil.
- Legal jargon includes a number of archaic words no longer used in ordinary English.
These include words like annul (to declare that something, such as a contract or
marriage is no longer legally valid) and bequest (to hand down as an inheritance
property other than land).
- It also includes certain obscure words which have highly specialised meanings and are
therefore not often encountered except in legal documents. Examples include
emoluments (a person’s earnings, including salaries, fees, wages, profits and benefits
in kind) and provenance (the origin or early history of something).
- Jargon words should be replaced by plain language equivalents wherever possible.

5.3.8 Legal Meaning May Differ from General English

- There is also a small group of words which have one meaning as a legal term of
art and another meaning in ordinary English. One example is the word distress
which as a legal term of art refers to the seizure of goods as security for the

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 performance of an obligation. In ordinary English it means anxiety, pain or
exhaustion.

- Here are some further examples.

Word and its legal English meaning Word and its ordinary English
meaning
Consideration in legal English means an Consideration in ordinary English
act, forbearance, or promise by one party means; (1) careful thought, (2) a fact
to a contract that constitutes the price for taken into account when making a
which the promise of the other party is decision, (3) thoughtfulness towards
bought. Consideration is essential to the others.
validity of any contract other than one
made by deed.
For example, ‘The rights were transferred
to Laxby Ltd in exchange for a
consideration of £5 million’.
Construction in legal English means Construction in ordinary English
interpretation. For example, ‘A strict means: (1) the action of constructing
construction was placed upon the [e.g. a building], (2) a building or
exemption clause in the contract’. other structure, (3) the industry of
‘To construe’ is the infinitive verb form of erecting buildings.
the term.
Contemplation in legal English is often Contemplation in ordinary English
used to mean a non-binding intention to means to think deeply about
do something. For example, ‘it is something.
contemplated that Party X may buy
further quantities of the Product’.
Find in legal English is generally used to Find in ordinary English is a synonym
refer to a judge’s final decision in court. for ‘discover’.
For example, ‘the judge found for the
defendant’.
Furnish in legal English is often used to Furnish in ordinary English generally
mean to provide or send documents or refers to the furnishing of a room
information. For example, ‘please furnish and is associated with the noun
us with the title deeds’. ‘furniture’.

Hold in legal English generally refers to a Hold in ordinary English means (1) to
decision on the evidence, issues or law in grasp something (‘he held a stick’);
question reached by a judge in court (2) to have a certain position (‘she
proceedings. held the position of human
For example, ‘the judge held that the resources manager); (3) to arrange
evidence obtained in the search of the an event (‘they held a party’); (4) to
premises could not be used against the keep or detain (‘he was held by the
defendant’. police’) etc.
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Prefer in legal English refers to the formal Prefer in ordinary English means to
bringing of charges by the prosecutor in a like one thing better than another.
criminal case.
Redemption in legal English means the Redemption in ordinary English
return or repossession of property offered usually means Christian salvation.
as security on payment of a mortgage debt
or charge.
Tender in legal English means an offer to Tender in ordinary English means:
supply goods or services. Normally a (1) gentle and kind, (2) (of food) easy
tender must be accepted to create a to cut or chew, (3) (of a part of the
contract. body) painful to the touch, (4) young
and vulnerable, (5) easily damaged.

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 Questions
1. "Legal Language is the domain of a specialist occupation and the intended audience are experts
in the field". Discuss the nature of legal language in the light of the given statement.
2. What is the importance of technical terms in Law? (2069)
3. Describe the features of written legal language critically.
4. Why does language of law require technical terms (words)? (2068)
5. "The Language of law is very distinctive and its lexical and syntactical pattern owe much to
traditional forms of English." Justify it.

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 Unit 6: Basic Standard of Legal Writing (8 hrs)

6.1 Elements of Good Styles: Clarity, Consistency and Effectiveness

6.2 What is to Avoid
6.3 British and American English

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 6.1 Elements of Good Styles: Clarity, Consistency and
Effectiveness
GENERAL CONSIDERATIONS
- Style in legal writing is to some extent a matter of personal preference or company policy. The only
unbreakable rules of style in legal documents and letters are that your writing should be as easy to
understand as possible and that it should avoid offensive terms.
- In addition to drafting letters, emails and other communications, most lawyers also spend a
considerable amount of time creating legal documents for a variety of purposes. These may either be
intended for use in court proceedings or for use in non-contentious business such as sales of land,
goods or services. (Contentious legal work relates to legal matters that take place between two or
more parties, such as a court hearing or a tribunal hearing to resolve a dispute. Non-contentious legal
work relates to transactions occurring between one or more parties, such as the sale or purchase of
a house.)
- Typical documents prepared by lawyers for use in court include statements of claim, witness
statements, divorce petitions, petitions for bankruptcy, and affidavits.
- Typical documents prepared by lawyers for non-contentious purposes include transfers of land,
contracts for sale of goods, articles of association for companies, licences, and options.
- The style of writing used in legal documents differs from the style used in legal correspondence. This
is because the purpose of legal documents is different from that of legal correspondence.
- Most legal documents used in court proceedings either act as evidence in support or defence of some
claim or make allegations and arguments either in support or in defence of a claim. Most legal
documents used in non-contentious business generally record an agreement between parties. Such
documents are intended primarily to regulate all aspects of the agreement reached between the
parties. They lay down the obligations each party must carry out and specify the consequences of
failure. They are intended to be legally effective in court. Consequently, the language used in legal
documents displays certain typical features which often make them difficult to read. These include:
• Use of terms of art. These are words which have a precise and defined legal meaning. They may
not be familiar to the layperson, but cannot be replaced by other words.
• Use of defined terms. Many legal documents contain a definitions section in which the parties
agree that certain words used repetitively throughout the document shall have an agreed
meaning.
• Use of obscure legal phrasing. This can be confusing to the layperson, either simply because the
language is unfamiliar, or because the words used have a different meaning in ordinary English.
• Repeated use of the words shall and must to express obligations, and may to express discretions
(where the parties are entitled to do something but are not obliged to do it), as well as a number
of other words and phrases of similar meaning.
- The writing used in legal correspondence usually has a different purpose. It is generally
intended to provide information and advice, to put forward proposals, and to provide
instructions to third parties.
- However, all legal writing should aim at achieving three goals – clarity, consistency, and
effectiveness. The notes set out below show how these goals can be achieved in practice.

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6.1.1. CLARITY
- Writing of all kinds should be as easy to understand as possible. The key elements of clarity
are:
• Clear thinking. Clarity of writing usually follows clarity of thought.
• Saying what you want to say as simply as possible.
• Saying it in such a way that the people you are writing for will understand it – consider
the needs of the reader.
• Keep it as short as possible.
• Write to a clear purpose.

Planning
o Start by considering the overall purpose of your document or letter. Before starting
to draft a document you need to be sure that you have a clear idea of what the
document is supposed to achieve and whether there are any problems that need to
be overcome to allow it to be achieved. Ask yourself the following questions:
• What do you want to achieve?
• Have you taken your client’s full instructions?
• Do you have all the relevant background information?
• What is your client’s main goal or concern?
• What are the main facts which provide the backbone of the document?
• What is the applicable law and how does it affect the drafting?
• Are there any good alternatives for the client? Would it be more effective or
cheaper to approach the client’s goal in a different way? For example, if it seems
that drafting the necessary documentation in English will be too difficult, consider
the following options:
– draft the document in your native language and have it translated and
verified;
– engage the services of a native English-speaking lawyer as a consultant in
respect of the case;
– draft the document as best as you can in English and have a legally
qualified English native speaker check and correct the documents.
• Are there any useful precedents (generic legal documents on which specific legal
documents can be based) which could be used for the draft?

Words
- Whether writing documents or correspondence, the following guidelines are
relevant.

Use the words that convey your meaning

o Use the words that convey your meaning, and nothing more. Never use words simply
because they look impressive and you want to try them out, or because you like the
sound of them. There is a tendency in legal writing to use unnecessary obscure words
rather than their ordinary equivalents, perhaps out of a feeling that the obscure
words are somehow more impressive.

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 Use ordinary English words where possible
o Do not use a foreign phrase or jargon if you can think of an ordinary English word
which means the same thing. For example, do not write modus operandi when you
can write method, nor de rigeur when you can write obligatory.
- In legal English, this is more difficult to achieve in practice than it is in ordinary English,
because much of the terminology used (inter alia, ab initio, force majeure, mutatis
mutandis - With the necessary changes having been carried out) comes from French
and Latin. These often act as shorthand for a longer English phrase. For example, inter
alia comes out in English as ‘including but not limited to’. Your choice of vocabulary –
between English or French and Latin – will be influenced by who you are writing to or
by nature of the document you are writing. A contract, for example, requires a
different approach than an email.

Avoid negative structures

o Avoid negative structures where possible. There is a tendency in much business and
legal writing to try to soften the impact of what is being said by using not un- (or not
im-, il-, in- etc) formations such as:
• not unreasonable
• not impossible
• not unjustifiable
• not unthinkable
• not negligible
• not insignificant
o Such structures make what you are saying less clear and definite. They become very
hard to follow when more than one is used within a single sentence, e.g.:

It is not impossible that this matter will have a not inconsiderable bearing upon our
decision.
Which, translated into ordinary English, reads:
It is possible that this matter will have a considerable bearing upon our decision.

Sentences

Keep sentences short where possible

o Use words economically to form your sentences. This does not necessarily mean that
every sentences should be short (which might create a displeasing staccato effect
(disconnecting effect)) but that all unnecessary words should be removed: this will
make your writing much more vigorous.
o In particular, pay attention to phrases which introduce new pieces of information or
argument. These can often be reduced to single words. Here are some examples:
o
Commonly used phrase Single word equivalent
at the present time now
be a significant factor in affect, influence

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 be in a position to can, may
be inclined to the view that think [that]
by dint of because
give rise to cause
have a detrimental effect upon harm
have a tendency to tend
have an effect upon affect
have the effect of (in most contexts) cause
having regard to concerning
impact upon affect
in spite of the fact that despite, although
in the interests of (e.g. saving time)
to (e.g. save time)
in view of because
it is arguable that perhaps, maybe
make contact with contact
meet with meet
notwithstanding the fact that despite, although
the fact that delete phrase – replacement word
usually unnecessary
turning now to the question of with concerning, regarding
regard to the question of

Take care with which

Which is a useful word, but is frequently used unnecessarily, usually involving further
unnecessary verbiage. For example, the sentence:
These situations are governed by agreements which are made between different entities.
may be reduced to:
These situations are governed by agreements between different entities.

Use pronouns where possible

The use of pronouns avoids repetition of nouns, which is useful particularly where lengthy noun
phrases (such as the names of documents or laws) are involved. For instance, try to avoid writing
sentences like this:
The 2014 Terms and Conditions for the Provision of Services within the Metalwork and Woodwork
Sectors are now in force. The 2014 Terms and Conditions for the Provision of Services within the
Metalwork and Woodwork Sectors replace the large number of different agreements previously
used.
Write instead:
The 2014 Terms and Conditions for the Provision of Services within the Metalwork and Woodwork
Sectors are now in force. They replace the large number of different agreements previously used.
Or, even better:
The 2014 Terms and Conditions for the Provision of Services within the Metalwork and Woodwork
Sectors are now in force, and replace the large number of different agreements previously used.

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However, one of the most common reasons for ambiguity in a text is where a sentence contains
two or more nouns together with one pronoun in such a way that it becomes unclear which noun
the pronoun is intended to replace. So only use a pronoun when it is crystal clear to what it relates.

One main idea per sentence

Try to have only one main idea per sentence. Where you want to add more than one piece of
additional information about a subject introduced in a sentence, consider starting a new
sentence. Always start with the most important piece of information, then deal with lesser
matters, qualifications or exceptions.
For example, the sentence:
Unless the order is for the goods described in appendix 3, X shall deliver the goods to Y within 7
days.
would be better written as follows:
X shall deliver the goods to Y within 7 days of an order being received, unless the order is for the
goods described in appendix 3.
And this sentence:
The company, the headquarters of which are in Oxford, specialises in pharmaceutical products
and made a record profit last year.
would be better split up as follows:
The company specialises in pharmaceutical products. Its headquarters are in Oxford, and it made
a record profit last year.

Use positive phrases where possible

A positive phrase is usually better than a negative one. For example, ‘Clause 2 shall apply only if
…’ is clearer than ‘Clause 2 shall not apply unless …’.
However, restrictions are often difficult to express in the positive rather than the negative without
either:
• changing the meaning (‘A shall not sell goods except those made by B’ is a restriction
whereas ‘A shall sell goods made by B’ is a positive obligation and therefore
fundamentally different); or
• using indirect language (‘A may build anything except a house’ is less direct than saying
‘A may not build a house’).
In these cases, therefore, the negative forms should be used. In other cases they should be
avoided.

Paragraphs
Paragraphs should not be defined by length. They are best treated as units of thought. In other
words, each paragraph should deal with a single thought or topic. Change paragraphs when
shifting to a new thought or topic.
Paragraphs should start with the main idea, and then deal with subordinate matters. The writing
should move logically from one idea to the next. It should not dance about randomly between
different ideas.
One-sentence paragraphs should not be used too often, but can be useful when drawing attention
to a new issue or to make a pithy conclusion to a discussion.

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Pay attention to the way the paragraphs look on the page. Text evenly divided into manageably
sized paragraphs, with occasional shorter ones, looks inviting to the reader. Huge, unbroken
sections of text are very off-putting to the reader and should be avoided. As should untidy
sequences of very short paragraphs.

Vigour
As a general rule, as noted above, the fewer the words you can use to convey your meaning the
more vigorous your writing will be. Every time you write something, look back at it and think how
many words you can cut out. Then do it. You will probably be surprised by the number of
unnecessary words which creep into your writing.
For instance, consider this innocuous-looking (not injurious) sentence:
He successfully passed the test.
The word successfully can be cut, because it is impossible to pass a test unsuccessfully.
Certain other issues are relevant when trying to write vigorously. Here are some of them.
Use active verbs where possible
Use active verbs rather than nominalisations where possible. Nominalisations are produced when
verbs are buried in longer nouns. They usually end with one of the following: -tion, -sion, -ment,
-ence, -ance, -ity. Anglo-American lawyers are addicted to them. They should usually be avoided
because they make writing longer and less dynamic.
Common examples include give consideration to instead of consider, to be in opposition to
instead of to oppose, and to be in contravention of instead of to contravene.
Here is an example of a sentence in which the verbs have becomes nouns:
It is important to effect a reduction of operating costs during the implementation of the
agreement.
It’s quite boring to read, isn’t it?
However, by converting reduction and implementation into verbs, the sentence could be
rewritten as follows:
It is important to reduce operating costs when implementing the agreement.
Which is an improvement.
However, there are certain occasions in legal writing when we need to use nominalisations. For
example, lawyers don’t agree to arbitrate but to submit to arbitration: arbitration is a defined
legal process and should be referred to in its nominalised form.

Here are some examples of commonly used nominalisations and their active verb equivalents.
Nominalisation Active verb equivalent
agreement agree
arbitration arbitrate
arrangement arrange
compulsion compel
conformity conform
contravention contravene
enablement enable
enforcement enforce
identity identify

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 implementation implement
incorporation incorporate
indemnification indemnify
indication indicate
knowledge know
litigation litigate
mediation mediate
meeting meet
negotiation negotiate
obligation obligate, oblige
opposition oppose
ownership own
perpetration perpetrate
perpetuation perpetuate
possession possess
reduction reduce
violation violate

Use short words where possible

- Try to avoid using a long word where a short one can be used. For example, avoid words like
notwithstanding where simple words like despite, still or even if can be used instead.
- Never use a phrase where you can use one short word. There is a creeping tendency to include
unnecessary phrases like with regard to, with respect to, in reference to and so on (see
above).
- However, this rule is modified by the need to use (1) terms of art, and (2) defined terms
properly – and these may be quite long or consist of a number of words strung together.

Precision
- Use precise language and terminology. This means two things: choosing your words carefully
and avoiding ambiguity.
- Use the words that convey your meaning, and nothing more. Never use words simply because
they look impressive and you want to try them out, or because you like the sound of them.
There is a tendency in legal writing to use unnecessary obscure words rather than their
ordinary equivalents, perhaps out of a feeling that the obscure words are somehow more
impressive. Here are some examples:
-
Obscure word or phrase Ordinary equivalent
annex (i.e. a document to another attach
document)
append attach
cease and desist stop
conceal hide
covenant and agree agree

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 demise death
desist stop, leave off
detain hold, delay
determine (as in terminate) end OR decide (according to context)
donate give
effectuate carry out
employ (when not used in use
connection with labour relations)
endeavour try
evince show
expedite hasten
expend spend
expiration, expiry end
extend give
extinguish end
forthwith immediately, soon
forward send
furnish give, provide
hence therefore
implement carry out, fulfil
inaugurate begin
indicate state, show, say
initiate begin
institute begin
necessitate require
occasion (as verb) cause
peruse read
possess have
present give
prior earlier
proceed go (ahead)
quantum amount
retain keep
suborn bribe (e.g. a juror or witness)
subsequently then, after, later
terminate end
utilise use

Discourse markers
- ‘Discourse markers’ show how different ideas interrelate. They are basically signposts for the
reader: they appear (usually) at the beginning of sentences and tell the reader how to view
what follows. They provide an essential means of orientating the reader and assisting his or
her comprehension of the text.

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- In practice, since there are only a limited number of language functions that are typically
required in legal discourse, a small handful of words and phrases will cover most situations
that a lawyer might expect to encounter in the course of daily working life.
- Here are some examples:
1 In the event that a trademark owner wishes to allow others to use the trademark, he or she
must inform the Registrar.
Here, the opening phrase ‘in the event that’ indicates to the reader that what follows is a
hypothesis. The word ‘if’ could also be used to the same effect.
2 Where trademark infringement occurs, the owner of the trademark has the right to sue.
However, a trademark may be lost if it is no longer distinctive.
Here, the opening word of the second sentence – however – indicates a qualification to the
previous statement.
3 Of course, if information is already in the public domain, it will no longer be regarded as
confidential.
The opening phrase of course in this sentence indicates an assumption. The writer uses this
technique to indicate to the reader that the idea conveyed in the rest of the sentence is
generally accepted.
4 Therefore, in such circumstances a confidentiality agreement covering such information will
be ineffective.

In this sentence, the opening word therefore indicates a logical step or deduction based on
the information provided in the previous sentence.
The table below sets out some of the more common functions for which discourse markers
are used (on the left) and some suggested words or phrases for those functions (on the right).

Function Suggested word or phrase

Referring to the past formerly, previously
Expanding on a point besides, furthermore
Contrasting on the other hand, conversely
Summarising in short, in summary, by way of précis
Drawing a conclusion or inference
as a consequence, consequently, as a
result
Drawing a parallel likewise, similarly
Giving an example for instance, for example
Emphasising in particular, especially, it should be
stressed that
Qualifying however, it should also be borne in mind
that
Making a logical step in the therefore, thus, it follows that in
argument particular
Beginning firstly, to begin with
Making an assumption of course, naturally, clearly, evidently

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 Referring to a new issue turning to, with reference to, with
respect to, with regard to, regarding
Hypothesising in the event that, if
Bearing a factor in mind given that, bearing in mind that,
considering that,
Stating an exemption except, with the exception of, save for,
save as to

Presentation
Pay attention to the layout of the document. It is a shame to write excellent English but present
it badly on paper or on the screen. Here are some basic suggestions:
• Use a readable font in an appropriate size (generally between 9 and 12 points, with 12
being standard).
• Use between 45 and 70 characters per line.
• Use plenty of white space – break up slabs of text, use wide margins around the text, and
use appropriate spacing.
• Use headings to structure the text.
• Use italics rather than underlining to emphasise text.
• Use properly indented lists where appropriate.
• Avoid excessive capitalisation.
• Be careful when copy-pasting between different formats. For instance, text which looks
fine in a pdf document may transform itself into a chaotic mess (by losing its formatting)
when transferred into an email or Word document.

Clarity summary
These considerations will help focus your mind on writing well.
• When starting to write a letter or document, ask yourself three questions:
○ What am I trying to say?
○ What words will express it?
○ Could I make it shorter?
• Keep sentences as short as possible. If you can cut words out without affecting the
meaning of the sentence, do it. For example, do not write ‘in spite of the fact that …’.
Write ‘although’ instead.
• Try to have only one main idea per sentence.
• Paragraphs should start with the main idea, then deal with subordinate matters.
• The writing should move logically from one idea to the next.
• Avoid negative structures. For example, ‘not unreasonable’ should be simply ‘reasonable’.
• Use precise language and terminology. Avoid ambiguity.
• Use active verbs rather than nominalisations. For example, do not write ‘we are in
opposition to that idea’. Write ‘we oppose that idea’ instead.
• Never use a long word where a short one can be used. For example, avoid words like
‘notwithstanding’ where simple words like ‘despite’, ‘still’ or ‘even if’ can be used instead.

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• Do not use a foreign phrase or jargon if you can think of an ordinary English word which
means the same thing. For example, do not write modus operandi when you can write
method.
• Use terms of art with care. Differentiate between terms of art and jargon. A corporate
veil can be replaced with other words, but bailment and patent cannot.
• Try to produce text which looks as if it has been written by a normal human being. Break
any of the rules above if necessary to achieve this aim.

6.1.2 CONSISTENCY
Synonyms
- Legal English is full of synonyms. It is therefore all too easy to start writing about something
using certain words, and then later on in the document or letter start using other words to
describe it. This can lead to lack of clarity or to ambiguity. It is crucial to be consistent in your
use of terminology.
- For example, if you start off with buyer and seller, do not start using vendor and purchaser
later in the document. Never mix parts of different pairs: e.g. landlord and lessee, vendor and
buyer.

Example of mixed terminology

Here is an example of a sentence which mixes terminology:
The defendant has in its response to the claimant’s letter informing said company of the Patent
implied that it would not consider the plaintiff’s patent rights valid.
In this sentence, it appears that four parties are mentioned: the defendant, the claimant, the ‘said
company’, and the plaintiff. However, on close reading it becomes clear that the defendant and
the ‘said company’ are the same thing, as are the plaintiff and the claimant.
The meaning of the sentence is further obscured by dubious syntax which makes it difficult to
grasp which of the parties is doing the ‘informing’ mentioned in the sentence and which is doing
the ‘implying’ mentioned after the word ‘Patent’.
The sentence can be clarified by making the terminology consistent and by rearranging the syntax
in order to connect the verbs with their subject:
In its response to the claimant’s letter informing it of the Patent, the defendant implied that it
would not consider the claimant’s patent rights valid.
A list of commonly used near-synonyms
Here are some examples of commonly used near-synonyms for legal concepts used in legal
documents. There are subtle differences in meaning or usage between them.
• Assign is mostly used in relation to intangible property, such as rights under a contract. It
may also be used in relation to tasks or duties (e.g. ‘the task of drafting the statement was
assigned to Mary’). The word transfer is generally used in relation to tangible property,
such as land and other physical items, or to the sale of the assets of a company.
• Breach is used in relation to contractual violations, while infringement is used in relation
to the violation of rights (particularly intellectual property rights). Violation is used in
relation both to rights (particularly human rights) and to contracts.
• Clause is frequently used in relation to specific contracts, while article is more often used
in EC legislation and overarching or framework agreements/terms and conditions.

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• Contract is generally used in relation to a specific written contract with legal effect, while
agreement may also be used in a more general sense to refer to loose understandings or
oral agreements (which may or may not have legal effect).
• Landlord and tenant are used in relation only to the lease of real estate, while lessor and
lessee may also be used in relation to the lease of other types of property (e.g. machinery
or vehicles).
• Liability and obligation – and their verb forms liable and oblige or obligate – are very hard
to separate, but in essence obligation is generally used to refer to a specific duty under a
contract or legal provision. For example, ‘X is obligated to deliver the goods to Y’. On the
other hand, liability generally refers to legal consequences. For example, ‘If Y fails to pay
the invoices as they fall due, Y shall become liable to pay penalty interest on the
outstanding amount at a rate of 10% per annum’. In a nutshell, breach of an obligation
may lead to legal liability.
• Undertake is generally used to indicate a commitment to do a certain thing and to accept
the legal consequences of doing so (‘X undertakes to deliver the goods to Y by 5 June’),
while assurance refers to a collateral promise given by a third party.
• Void and invalid mean that something is not legally binding and has no legal effect, while
ineffective refers to something which fails to achieve the required legal aim.

Defined terms
The problems caused by the difficulties in choosing and adhering to the most appropriate term
can be dealt with in part by using defined terms. However, defining too many terms can be
counter-productive, especially if the matters to which the definitions refer only appear once or
twice. As a general rule, if a definition is only going to be used once, it should be omitted
altogether.

A definition is only needed if the meaning of the word or phrase is unclear and cannot be
ascertained from the context. When creating a definition, ensure (1) that the definition created
has a clear and specific meaning; and (2) that the word or phrase defined is used in the same
sense throughout the document as that provided by the original definition.
The dangers of putting in too many definitions can be summarised as follows:
• The document becomes more difficult to read and use.
• Creating the document is more difficult: the author is more likely to make mistakes.
• Over-rigid definition of the meaning of certain words may lead to absurd or unintended
conclusions.
• Over-defining can be self-defeating: often the attempt to include everything leads to
something important being left out. A court might then take the view that the omission
must have been deliberate (in the light of the fact that everything else in the contract is
rigidly defined). As a result, the use of definitions can actually lead to loopholes in the
document.

6.1.3 EFFECTIVENESS
When drafting legal documents or letters, clarity and consistency are worth nothing if the
document is not actually legally effective.

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Effectiveness checklist
The following checklist will help focus your mind on how to achieve legal effectiveness
and relates particularly to the drafting of legal documents such as contracts.
1 Does the language you use correctly state condition, obligation, authorisation, or
limitation?
2 Does it state it in such a way that it is clear to whom or what it relates? A key
point here is to avoid the passive – i.e. do not write a meeting must be called if
…, but the Managing Director must call a meeting if …’
3 Does it state it in such a way that it is enforceable (1) under the terms of the
document itself, and (2) by reference to the law that governs the document?
4 Have you set clear time limits for the performance of any obligation?
5 Is it in conflict with any other terms of the document?
6 Does the document clearly state what will happen in the case of breach of any
obligation? It is important to define the nature of the innocent party’s rights and
the nature of the penalty that will be imposed on the breaching party.
7 Are the obligations, authorisations, conditions and discretions actually capable of
being exercised in practice? A key point here is to be careful with precedent legal
documents – if used, they must be adapted rigorously to the deal in hand.
8 Is it precise enough? In particular, set clear time-frames rather than using words
like forthwith; specify precise standards rather than use formulations like to a
reasonable standard; state enforceable obligations rather than use formulations
like use their best endeavours to etc.
Beware of adjectives
o Adjectives should be used with great care, particularly in legal documents. The reason
for this is that their meaning can vary greatly according to the context and to the
writer’s intention. They do this to a markedly greater extent than occurs with nouns
and verbs, the meaning of which is usually reasonably well fixed. Consider the
following typical legal phrases, paying particular attention to the adjectives shown in
bold:
• The Company is entitled to make such changes as it considers necessary and
prudent.
• In the event of default, the agreement shall be terminated forthwith.
• The Distributor shall promptly return all documents upon reasonable request by
the Company.
• The Company must deliver goods of satisfactory quality, and must replace all
defective parts free of charge.
o The general effect of using these adjectives is to make the meaning of the sentences
less precise. When is a change ‘necessary’? How soon is ‘forthwith’? How quickly is
‘promptly’? When is quality ‘satisfactory’? It may be that these words have a defined
meaning in the law on which the relevant document is based – but this is a matter
that needs to be verified. Lack of clarity on such issues may lead to unnecessary
disputes between the contracting parties.
o Consequently, when drafting a document in which obligations need to be precisely
specified, adjectives should be avoided where possible. Instead of writing that

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 changes may be made when ‘necessary’ or ‘prudent’ define the circumstances in
which changes may be made. Instead of using words like ‘forthwith’ or ‘promptly’,
specify exact time limits. Instead of stipulating that goods must be of ‘satisfactory’
quality, provide a detailed quality specification. In addition, consider the use of
defined terms to fix the meaning of any words which might otherwise have an
ambiguous or indeterminate meaning.
o In some cases, of course, attempts to define everything may be undesirable or self-
defeating. The use of adjectives can be useful where the parties wish to create some
leeway (tolerance) in the interpretation of obligations, or where it is not essential –
or feasible – to define every obligation in detail. For this reason, adjectives are useful
in framework agreements where the precise nature of specific obligations will be
defined in further agreements made in relation to particular transaction. However, in
such cases it is important to have some understanding of how a particular adjective
might be construed by the courts.
o Finally, never use any word unless you are sure, (1) that you know all its possible legal
meanings; and (2) that it can only have one meaning in the context in which you have
used it.

EXAMPLES OF BAD STYLE AND ANALYSIS

Here are some example of bad style, together with analyses of what is wrong with them and
suggested solutions

Example 1: waiver
Text
In the event that there is a waiver of the indemnity provisions by the vendor, a letter confirming
the waiver must be produced by the vendor’s solicitor for the purpose of inspection by the
purchaser.
Problems
This sentence is too long for its content. Its meaning should be capable of being understood at a
single glance, but this is not the case. The main problems are (1) that the wordiness of the
sentence obscures its meaning, and (2) that it contains unnecessary stipulations.
Solution
The following changes should be made:
1 Reduce phrases to words. Therefore ‘in the event that’ can be reduced to ‘if’.
2 Change nominalisations to verbs. Therefore, ‘waiver’ can be changed to ‘waive’. This
allows us to get rid of ‘there is a waiver of’ and replaces it with ‘waives’.
3 Correct the structure of the sentence. As currently drafted, the order of the sentence is
verb (waive) – object (indemnity provisions) – subject (the vendor). In order to create a
subject-verb-object structure, vendor should be mentioned first.
4 Remove the unnecessary stipulations. The phrase ‘for the purpose of inspection by’ is
unnecessary, since it can be assumed that the purchaser will read the letter. The phrase
‘a letter confirming the waiver must be produced’ can be changed to the shorter and
more familiar term ‘confirmed in writing’.

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Redrafted version
If the vendor waives the indemnity provisions, this must be confirmed in writing to the purchaser
by the vendor’s solicitor.
Vendor's solicitor shall confirm in writing to the purchaser for inspection, if vendor waives the
indemnity provisions.

Example 2: settlement
Text
The first case was settled for £2,000, the second piece of litigation was disposed of out of court
for £2,500, while the price of the agreement reached in the third suit was £5,500.
Problems
This sentence is too long and contains inconsistent terminology (‘settled’, ‘disposed of out of
court’ and ‘price of the agreement’, as well as ‘case’, ‘piece of litigation’ and ‘suit’) to describe the
same things.
Solution
The following changes should be made:
1 In all three cases, the term ‘settled’ should be used to indicate that agreement was
reached between the parties without the need for a full court hearing.
2 In all three cases the term ‘case’ should be used to refer to the dispute between the
parties.
3 The sentence should be phrased so that ‘settled’ is used as a verb applying to all three
cases.
Redrafted version
The first case was settled for £2,000, the second for £2,500, and the third for £5,500.

Example 3: exclusion clause

Text
The exclusion clause is already null and void by reason of the prior order and direction of the
court. This being the case, the exclusionary clause can have no further force or effect.
Problems
The problems here are (1) repetition between the two sentences, and (2) unnecessary words.
Solution
The following changes should be made:
1 The second sentence adds nothing to the meaning of the whole, and should be deleted.
2 The phrases ‘null and void’ and ‘order and direction’ can be shortened to ‘void’ and ‘order’
respectively, since in both cases the additional words add nothing to the meaning.
3 The phrase ‘by reason of’ should be changed to a less pretentious equivalent, such as ‘due
to’ or ‘as a result of’, and ‘order of the court’ can be shortened to ‘court order’.
Redrafted version
The exclusion clause is already void due to the prior court order.
The court order already voided the exclusion clause.

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Example 4: offer of settlement
Text
My client is willing to settle this case for £7,500, to be paid to your client, and your client must
immediately return the blueprints and specifications and must remove all his equipment from the
property. Moreover, my client insists upon having replacement of the entire section of fence
which your client took down, the replacement to be at your client’s expense.
Problems
This is an offer to settle a case on specified terms. The main problem here is that the precise
nature of the terms is not set out in a clear way.
Solution
The following changes should be made:
1 A form of tabulation should be introduced so that the terms of the offer are clearly
delineated.
2 Unnecessary and repetitive wording (such as ‘moreover’, ‘insists’ etc) should be removed.
3 Nominalisations (i.e. ‘having replacement of’) should be changed to active verbs.
Redrafted version
My client is prepared to settle this case for £7,500, provided that your client:
(1) returns the blueprints and specifications;
(2) removes all his equipment from the property; and
(3) replaces at his own expense the entire section of fence he took down.

Example 5: personal injury

Text
Mr Brown hit the windscreen of the car with his head, but as it was composed of celluloid he was
unhurt.
Problems
The only problem with this sentence is that it is unclear whether it is Mr Brown’s head or the
windscreen that is composed of celluloid.
Solution
In order to remove the ambiguity in the sentence, we must clarify that it is the windscreen that is
composed of celluloid. This can be done by replacing ‘it’ with ‘windscreen’.
Redrafted version
Mr Brown hit the windscreen of the car with his head, but as the windscreen was composed of
celluloid he was unhurt.

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 6.2 What is to Avoid
6.2.1 AMBIGUITY
- Ambiguity occurs when writing can be interpreted to mean more than one thing, and these
things are in conflict with each other.
- You can often get away with this in ordinary English if one meaning seems more likely than
another. In legal English, especially in contract drafting, it can be disastrous. Anglo-American
lawyers still take a literalist approach to construction – i.e. contract words are interpreted
according to their literal meaning rather than according to the purpose and effect that can be
presumed from the context. A slightly ambiguous piece of phrasing may end up costing
thousands of dollars.
- There are many reasons why ambiguity occurs, but here are some of the main offenders:

(1) Use of a word which has more than one meaning in the context
Many English words have a number of different meanings depending on the context in
which they are used. This is a natural feature of the language. Take, for example, the word
following in these sentences:
Please refer to the following paragraph.
AND
There is a car following us.
The meaning of the word is very different in each sentence. However, this is not a problem
because the context tells us which meaning applies. In the first sentence, the ‘following
paragraph’ means the next paragraph. In the second sentence, ‘a car following’ means a
car in pursuit (i.e. behind ‘us’).
Sometimes, however, the context does not clearly indicate which meaning applies.
Consider this piece of legal verbiage (over wording):
Even if the company sells the product, if it does not usually sell this particular product in
the usual course of business it may not be held liable.
The problem here is may, which either refers to a possibility (e.g. ‘I may go for a swim
today, or I may not. It depends on how I feel later.’) or to an entitlement (e.g. ‘The
purchaser may inspect the goods at the seller’s warehouse.’). So, depending on how one
reads this sentence, it either means that there is a possibility that the company will not
be held liable or that there is no entitlement to hold it liable. Neither of these options
makes perfect sense and each is in conflict with the other.
The solution is to turn may not into cannot. Thus:
Even if the company sells the product, if it does not usually sell this particular product in
the usual course of business it cannot not be held liable.

(2) Unclear pronoun reference

The use of pronouns is an excellent way to avoid clumsy repetition of nouns, but this
technique can result in confusion if carelessly handled. For example:
John drafted the contract for the client during the meeting itself and he then read it
through carefully.

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 The problem here is that since we don’t know the gender of the client, the he referred to
in the sentence may either be John or the client.
The key issue, obviously, is to ensure that it is clear which noun each pronoun is supposed
to replace. If there is a possibility of doubt, use a proper noun instead. For example:
John drafted the contract for the client during the meeting itself and the client then read
it through carefully.

(3) Poor punctuation

Punctuation can have a drastic impact on the meaning of a sentence. Consider these two
sentences:
The judge said the accused was the most evil man he had ever encountered.
AND
The judge, said the accused, was the most evil man he had ever encountered.
In the unpunctuated sentence above, the word order dictates the natural subject–object
relationship. The judge is the subject of the sentence. The use of punctuation changes this
around to create a radically different meaning.
The point to bear in mind is that punctuation is not just window-dressing used to make
sentences look tidy. In many cases it can dictate the meaning of the sentence – and should
therefore be used with great care.

(4) Separation of parts of a verb phrase

The meaning of English sentences can in many cases be changed completely by altering
the word order. For example:
My client has discussed your proposal to fill the drainage ditch with his partners.
This sentence probably means that the client has discussed with his partners the proposal
to fill the drainage ditch – but it is capable of being interpreted to mean that the client is
considering throwing his partners into the drainage ditch.
The ambiguity in this sentence is caused by the separation of the verb phrase ‘discussed
with’ from its object (‘his partners’). By reuniting these parts of the whole phrase the real
meaning of the sentence becomes clear:
My client has discussed with his partners your proposal to fill the drainage ditch.

(5) Dangling participles

A participle is a word formed from a verb which has some of the characteristics of an
adjective. In the present tense, they always end in –ing. It should not be left ‘dangling’ as
it is in the following sentence:
Drafting the contract, the assignment clause became unusually problematic.
The problem here is that because ‘drafting’ is not securely connected to anything else in
the sentence, it appears that the assignment clause must be drafting the contract. This is
obviously ridiculous. The problem can be resolved by introducing a subject:
When Laurence was drafting the contract, the assignment clause became unusually
problematic.

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(6) Word order generally
Word order, and in particular the way in which this influences the relationship between
the subject, verb and object in the sentence, is of critical importance. For instance:
She opened the door to a lawyer wearing pink pyjamas.
The problem here is that it is unclear whether ‘she’ or ‘the lawyer’ is wearing the pink
pyjamas, because the verb ‘wearing’ is not clearly tied to either. We need to find a way
of uniting the pink pyjamas with the person most likely to be wearing them. This can be
achieved by changing the word order and adding punctuation:
Wearing pink pyjamas, she opened the door to a lawyer.

6.2.2 SEXIST LANGUAGE

Personal pronouns
- It is inappropriate in modern legal and business English to use the personal pronouns he or
his or she or her to refer to a hypothetical person whose sex might be either male or female
– for example, one introduced by a genderless title (e.g. the buyer, the manager, the lawyer).
- To some extent this problem can be avoided by using one or more of the gender-neutral
pronouns and adjectives set out below.
• any
• anybody
• anyone
• each
• every
• everybody
• nobody
• none
• no one
• some
• somebody
• someone
- However, these words do not get us terribly far. The main problem is that English, unlike a
number of other languages, has no gender-neutral singular personal pronouns (except one,
which is too formal and abstract for most situations encountered in practice).
- A good workaround is to use the plural possessive form their even when writing about a single
person. Although this is not strictly logical, the Oxford English Dictionary permits the use of
this form as ‘belonging or associated with a person whose sex is not specified’.
- In this way, the writer can avoid using sexist language. For example, instead of writing:
- Every competent lawyer must ensure that his legal knowledge is kept up to date.
- Write instead:
Every competent lawyer must ensure that their legal knowledge is kept up to date.
- Other methods can also be employed to avoid using he or his. These include:
• Deleting the pronoun reference altogether if possible. For example, ‘the director
read the documents as soon as they were delivered to him’: delete to him.

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 • Changing the pronoun to an article like a or the. For example, ‘the sales
representative assisted the customer with his order’ can be changed to ‘the sales
representative assisted the customer with the order’.
• Using who, especially when he follows if. For example, ‘if he does not pay
attention to detail, a finance officer is worse than useless’ can be changed to: ‘the
finance officer who does not pay attention to detail is worse than useless’.
• Repeating the noun instead of using a pronoun. For example, ‘When considering
the conduct of negotiations, the delegate should retain an objective view. In
particular, he [insert the delegate] should …’
• Use the plural form of the noun. For example, instead of writing ‘a lawyer must
check that he has all the relevant papers before attending court’, write ‘lawyers
must check that they have all the relevant papers before attending court’.
• Use the infinitive form of the verb, including ‘to’ (e.g. ‘to perform’, ‘to draft’ etc).
For example, instead of writing ‘the lawyer agrees that he will draft the contract’,
write ‘the lawyer agrees to draft the contract’.
• Use a combination of the techniques above. In particular, the plural and a relative
pronoun can be successfully combined to change a sentence like ‘if a client does
not pay his bills, he cannot expect the lawyer to carry out further work for him’
to ‘clients who do not pay their bills cannot expect their lawyers to carry out
further work for them’.
• If all else fails, use the passive form. For example, instead of writing ‘he must
deliver the files to X’, write ‘the files must be delivered to X’. However, note that
this is not a perfect solution, since the passive form makes it unclear who is
responsible for delivering the files to X. Therefore, it should only be used if the
identity of the parties has already been established in a previous sentence, or if
the question of responsibility for undertaking the actions is unimportant.

Terminology
- In addition to paying attention to the use of personal pronouns, it is also important to ensure
as far as possible that the terminology used is not gender specific. This applies particularly to
words ending in -man. For example, consider using chair instead of chairman, firefighter
instead of fireman, and drafter instead of draftsman.
- It should be remembered, however, that there is a limit to the extent to which the English
language can reasonably be manipulated to remove all possible traces of gender
discrimination. There is a balance to be struck between avoiding the use of gender-specific
language and making your English sound like normal language. A particular problem arises in
respect of words for which the only gender-neutral equivalent involves the use of -person or
person-. Words such as personpower, warehouseperson and foreperson (instead of foreman)
should be avoided where possible.
- Equally, avoiding gender-specific language in English writing is not simply a matter of avoiding
certain specific words and phrases. The underlying attitudes of the writer are more important.
- Some examples of old-fashioned terms and suggested non-sexist alternatives are set out
below.
-

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 Old-fashioned term Non-sexist equivalent
Air hostess/stewardess Flight attendant
Anchorman Anchor
Businessman Business executive, manager,
entrepreneur, business professional
Cameraman Camera operator, photographer
Chairman Chair
Craftsman Artisan
Deliveryman Courier, messenger, delivery driver
Draftsman Drafter
Fireman Firefighter
Foreman (in the workplace) Supervisor
Foreman (of a jury) Presiding juror
Freshman Fresher, first-year student
Headmaster Head, principal
Juryman Juror
Mankind Humankind/humanity
Man-made Synthetic, manufactured
Manpower Workforce, personnel
Ombudsman Ombuds
Policeman/policewoman Police officer
Postman/mailman Postal worker, mail carrier
Salesman Sales representative
Spokesman Representative
Statesman Political leader
Statesmanship Diplomacy
The common man The average person
Warehouseman Warehouser
Workman Worker

6.2.3 CONSTANTLY LITIGATED WORDS

- Two words and phrases, commonly used in English legal drafting have produced constant
litigation: best endeavours and forthwith.
- Best endeavours (and its variant best efforts) is often used in contracts to indicate that parties
have promised to attempt to do something. The use of the phrase usually suggests a
compromise in which neither party is prepared to accept a clear statement of their
obligations.
- The problem with the phrase is that there are no objective criteria by which best endeavours
can be judged. It is easy to conclude that someone has used ‘best endeavours’ to ensure that
something is done if the result is that the thing is done. It is very hard to make the same
judgment if, despite certain efforts having been made, the thing is not done.
- The phrase poses particular problems in professional undertakings (such as ‘X promises to use
its best endeavours to obtain the title deeds’) due to the vagueness it introduces into the

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 obligation undertaken. For this reason, the Law Society of England and Wales has warned
solicitors against giving a ‘best endeavours’ undertaking.
- Despite these points raised above, best endeavours clauses do have their place in
circumstances where it is impossible or unwise to give a give an absolute obligation.
- Forthwith causes problems because it is too open-ended to introduce any certainty into the
contract. According to the context, ‘forthwith’ could mean a matter of hours or a matter of
weeks.
- Everything depends on the context. For example, in one English case ‘forthwith’ was held to
be within 14 days. In another it was held that notice entered on a Friday and given the
following Monday was not given ‘forthwith’. In yet another, the duty to submit a claim
‘forthwith’ was held not to arise until a particular state department had the basic information
to allow the claim to be determined.
- For these reasons, it is preferable to specify a precise time and date by which something must
be done if time is of the essence in an agreement.

6.2.4 FALSE WORD PAIRS

- Many words in English look and sound alike but can have very different meanings. Typical
examples include principal and principle, affect and effect, and disinterested and
uninterested. In some cases – as in prescribe and proscribe (forbid) – the meanings may, in
fact, be opposite.
- It is important to be aware of the more common of these false pairs – the consequences of
confusing them could be disastrous.

EASILY CONFUSED WORDS

Many words in English sound and look alike but can have radically different meanings. It is
important to be aware of the more common of these false pairs – the consequences of
confusing them could be disastrous. If in doubt, consult a good dictionary.
The following is a non-exhaustive list of the most common examples.

- Advice is a noun that means guidance or recommendation about future action (e.g. ‘friends
always ask his advice’).
- Advise is a verb that chiefly means to recommend a course of action (e.g. ‘we advised him to
go home’).

- Affect is a verb that means to make a difference to (e.g. ‘the pay cuts will affect everyone’).
- Effect is used both as a noun meaning a result (e.g. ‘the substance has a painreducing effect’)
and as a verb meaning to bring about (a result), (e.g. ‘he effected a cost-cutting exercise’).

- Anonymous is an adjective which refers to a name that is not known or not made known (e.g.
‘he wrote anonymously in the newspaper’) or which means having no outstanding or
individual features (e.g. ‘the building looked rather anonymous’).
- Unanimous is an adjective meaning to be fully in agreement (e.g. ‘the decision was made
unanimously’).

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- Ante means ‘before’ (e.g. ‘ante-meridiem’).
- Anti means ‘against’ (e.g. ‘anti-nuclear’).

- Appraise means to assess something (e.g. ‘we appraised the services offered by the
company’).
- Apprise is to inform somebody about something (e.g. ‘he apprised me of the news’).

- Assent means approval or agreement (e.g. ‘her proposal met/received the assent of all
present’).
- Ascent means an instance of going up something (e.g. ‘the first ascent of the Matterhorn’).

- Aural refers to something which relates to the ear or sense of hearing.

- Oral means spoken rather than written.

- Biannual refers to something that occurs twice a year.

- Biennial refers to something that occurs every two years.

- Canvas is a type of material.

- Canvass means to seek political support before an election or to seek people’s opinions on
something (e.g. ‘I canvassed her opinion on the matter’).

- Chance means: (1) the possibility of something happening (e.g. ‘there is a chance that it might
rain today’); (2) an opportunity (e.g. ‘your chances are excellent’); and (3) the way in which
things happen without any obvious plan or cause (e.g. ‘we met entirely by chance’).
- Change means: (1) to make or become different (e.g. ‘we’ll change this provision of the
contract’); (2) to exchange a sum of money for the same sum in a different currency (e.g. ‘she
changed her dollars into euros’); (3) to move from one thing to another (e.g. ‘he changed jobs
often’).

- Complacent means uncritically satisfied with oneself; smug.

- Complaisant indicates a willingness to please others or to accept their behaviour without
protest.

- Compliment means politely congratulate or praise (e.g. ‘he complimented her on her
appearance’).
- Complement means to add in a way that improves (e.g. ‘she selected a green sweater to
complement her blonde hair’).

- Council means an assembly of people meeting regularly to advise on, discuss, or organise
something.
- Counsel means (1) advice or (2) a barrister conducting a case.

- Credible means convincing or believable.

- Creditable means deserving recognition and praise.

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- Curb means a check or restraint (e.g. ‘curbs on public spending’).
- Kerb means the edge of a pavement (sidewalk) (e.g. ‘the car’s tyres scraped along the side of
the kerb’).

- Defuse means to remove the fuse from an explosive device (e.g. ‘the bomb squad defused
the device’).
- Diffuse means spread over a wide area (e.g. ‘the crowd gradually diffused’).

- Dependant is a noun that refers to a person who relies on another for financial support (e.g.
‘she has three dependants’).
- Dependent is an adjective meaning: (1) relying on someone or something for support (e.g.
‘we are dependent on the services offered by that firm’); (2) determined or influenced by (e.g.
‘our decision is dependent on the outcome of the arbitration’); or (3) unable to do without
(e.g. ‘my colleague is dependent on strong coffee’).

- Discreet means careful and judicious (e.g. ‘she gave discreet advice’).
- Discrete means separate, distinct (e.g. ‘that is a discrete issue’).

- Disinterested means impartial (e.g. ‘a lawyer is under an obligation to give disinterested

advice’).
- Uninterested means not interested (e.g. ‘a person uninterested in fame’).

- Draft means: (1) to prepare a preliminary version of a text; (2) a preliminary version of a text;
(3) a written order requesting a bank to pay a specified sum; (3) US compulsory recruitment
for military service.
- Draught means: (1) a current of cool air indoors; (2) an act of drinking or breathing in; (3) (of
beer) served from a cask.

- Elicit is a verb meaning to draw out a response or reaction (e.g. ‘my questioning elicited no
response from him’).
- Illicit is an adjective meaning forbidden or unlawful (e.g. ‘he was caught trying to smuggle
illicit substances into the country’).

- Eligible means satisfying the conditions to do or receive something (e.g. ‘you are eligible to
enter this competition’).
- Illegible means not clear enough to be read (e.g. ‘your handwriting is illegible’).

- Equable means calm and even-tempered (e.g. ‘she remained equable at all times’).
- Equitable means fair and just (e.g. ‘this is an equitable system’).

- Flare means: (1) a sudden brief burst of flame or light; (2) a device producing a very bright
flame as a signal or marker; (3) a gradual widening towards the hem of a garment; or (4)
trousers of which the legs widen from the knees.

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- Flair means: (1) natural ability or talent; or (2) stylishness.

- Flaunt means to display something ostentatiously (e.g. ‘he flaunted his newly acquired
wealth’).
- Flout means to disobey a rule or law (e.g. ‘she flouted the speeding restrictions’).

- Insidious means proceeding in a gradual and harmful way (e.g. ‘that is an insidious practice’).
- Invidious means unacceptable, unfair and likely to arouse resentment or anger in others (e.g.
‘she was placed in an invidious position’).

- Loose means not fixed in place or tied up (e.g. ‘a loose tooth’).

- Lose means to no longer have or become unable to find.

- Omit means to leave something out (e.g. ‘paragraph 3 should be omitted’).

- Emit means to discharge something (e.g. ‘the factory emitted smoke’).

- Pedal is a noun meaning a foot-operated lever.

- Peddle is a verb meaning to sell goods.

- Practice is a noun meaning the action of doing something rather than the theories about it.
Practice is also the spelling for the verb in American English.
- Practise is the British English spelling of the verb (e.g. ‘I need to practise my French’).

- Prescribe means to recommend the use of a medicine or treatment or to state officially that
something should be done (e.g. ‘the doctor prescribed a course of treatment’).
- Proscribe means to forbid or condemn something (e.g. ‘the statute proscribes the use of
dangerous chemicals’).

- Principal is usually an adjective meaning main or most important (e.g. ‘the country’s principal
exports’).
- Principle is a noun that usually means a truth or general law used as the basis for something
(e.g. ‘the general principles of law’).

- Stationary is an adjective meaning not moving or changing (e.g. ‘the car was stationary at the
traffic lights’).
- Stationery is a noun meaning paper and other writing materials (e.g. ‘the paper is kept in the
stationery cupboard’).

- Story means a tale or account of something (e.g. ‘we listened to his story with interest’).
- Storey means the floor of a building (e.g. ‘the office was on the tenth storey of the building’).

- Tortious means having the nature of a tort, wrongful (e.g. ‘he committed a tortious act and is
therefore likely to be sued’).

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- Tortuous means: (1) full of twists and turns (e.g. ‘a tortuous route’); or (2) excessively complex
(e.g. ‘a tortuous case’).

- Unexceptional means not out of the ordinary (e.g. ‘his performance in the examination was
unexceptional’).
- Unexceptionable means not able to be objected to, but not particularly new or exciting (e.g.
‘the hotel was unexceptionable’).

- Whose means belonging to or associated with which person, or of whom or which (e.g. ‘whose
is this?’ or ‘she’s a woman whose views I respect’).
- Who’s is short for either who is or who has (e.g.‘he has a daughter who’s a legal secretary’ or
‘who’s arranged the conference?’).

6.2.5 PROBLEM WORDS AND PHRASES

- Certain words and phrases cause problems, either because they have a number of
meanings or because it is unclear to writers when one word should be used instead of
another. It may not be possible to avoid them – particularly since many such words are
extremely useful (when used correctly) – but care should be taken when using the
following words, among others.
Only
Only, when used as an adverb, has four meanings:
1 It can be used to mean ‘nothing or no one else but’ (‘only qualified lawyers are able to
draft these documents’).
2 It can also be used to mean ‘with the negative result that’ (‘he turned, only to find his
path was blocked’).
3 A further meaning is ‘no longer ago than’ (‘it was only on Thursday that the document
arrived’).
4 Lastly, it can mean ‘not until’ (‘we can finalise the contract only when the document
arrives’).
The positioning of this word in a sentence is of critical importance. The meaning of the
whole sentence can change profoundly according to where it is placed. Generally, it
should go immediately in front of the word or phrase which it is qualifying: for example,
‘the only cows are seen on the northern plain’ has a different meaning to ‘the cows are
only seen on the northern plain’ which in turn has a different meaning to ‘the cows are
seen on only the northern plain’.

Fewer or less?
- These words are often used incorrectly, even by native speakers of English.
- Fewer should be used with plural nouns, as in ‘eat fewer cakes’ or ‘there are fewer people
here today’.
- Less should be used with nouns referring to things that cannot be counted, as in ‘there is less
blossom on this tree’. It is wrong to use less with a plural noun (‘less people’, ‘less cakes’).

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Can or may?
- Can is mainly used to mean ‘to be able to’, as in the sentence ‘Can he move?’, which means,
is he physically able to move?
- May is used in connection with entitlement or discretion. For instance, in ordinary language
when asking to be allowed to do something, may is used in sentences such as ‘May we leave
now?’ In legal text, may is used in sentences like ‘X may use the facilities provided by Y’ – i.e.
X is entitled to use the facilities provided by Y and may use them at his or her discretion.
- Hence, may is both more polite than can in non-legal usage, and more appropriate in legal
texts because its emphasis is on permission and entitlement which fits in with the general
emphasis of legal texts.

Imply or infer?
- Do not confuse the words imply and infer. They can describe the same situation, but from
different points of view.
- If a speaker or writer implies something, as in ‘he implied that the manager was a fool’, it
means that the person is suggesting something though not saying it directly.
- If you infer something from what has been said, as in ‘we inferred from his words that the
manager is a fool’, this means that you come to the conclusion that this is what they really
mean.

Also
- ‘Also’ is a useful word and it is commonly used in conjunction with verbs in legal text.
However, it is often put in the wrong place in sentences.
- It is worth bearing these considerations in mind:
1 If possible, try to avoid starting a sentence with ‘also’.
For example, try to avoid formulations like ‘Also the purchaser is bound by this obligation’.
Write instead, ‘The purchaser is also bound by this obligation.’
2 Put it before the verb to which it relates instead of after.
For instance, write ‘the lawyer must also report to the client on a regular basis’, instead
of ‘the lawyer must report also to the client on a regular basis’.
The purpose of putting ‘also’ before ‘report’ in this case is that doing so makes it clear to
the reader that reporting to the client on a regular basis is the additional duty the lawyer
must fulfil. On the other hand, in the second example (‘the lawyer must report also to the
client on a regular basis’)

Specially or especially?
- Especially (c;fwf/0f) and specially are sometimes confused. Their meanings are close but
not exactly the same. In brief, both can mean ‘particularly’ but especially is generally a
synonym for ‘in particular’. For example:
He distrusted them all, especially Karen.
While specially (ljz]if) can be used to mean ‘for a special or specific purpose’. For example:
I had the machine specially built for this job.

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Save
- Save usually means (1) to rescue from harm or danger (e.g. ‘all the passengers were saved
from the sinking ship’); or (2) to make and keep safe – i.e. to record or deposit for future
reference (e.g. ‘I saved the contract on a memory stick’).
- However, it can also be used to mean ‘except’. It is frequently used in this sense in legal
documents. For example:
- No warranties are given save as to those set out in Schedule 3.

Client or customer?
- Traditionally, the word customer is associated with the purchase of uncomplicated tangible
items on which very little advice is required (e.g. bricks, timber, garden furniture, groceries),
while the word client is associated with the purchase of professional services that largely
consist of advice and have little or no tangible aspect (e.g. financial consultancy, legal advice,
tax planning).
- Consequently, businesses that provide professional services (e.g. lawyers, accountants,
financial advisors) are generally said to have clients, while businesses that sell products (e.g.
wholesalers and retailers of groceries, bricks, garden furniture etc) have customers.
- However, sometimes businesses that provide professional services worry that what they sell
may be viewed as excessively intangible and airy and thus possibly dispensable. Therefore,
they may be tempted to adopt the word customer to give an impression of being tangible,
robust and down-to-earth.
- Similarly, businesses that provide apparently uncomplicated items often worry that their
business may appear unsophisticated – and they may also realise that there is money to be
made in cultivating an ongoing relationship with the purchaser (e.g. in offering after-sales
services etc). Accordingly they adopt the word client to give the impression that they are
selling more than just a tangible product and that they seek an ongoing and mutually
beneficial relationship with the purchaser of their goods.

In accordance with/according to
- These very similar phrases appear with almost unbelievable frequency in legal texts, and in
such a wide variety of contexts that it is very hard to tell them apart. However, they do have
slightly different meanings – and sometimes these differences are of crucial importance.
- In a nutshell, ‘in accordance with’ is used to indicate that the matter referred to has
mandatory effect. It means roughly the same as ‘in compliance with’. For instance:
- The work must be carried out in accordance with the client’s specific instructions.
- Whereas ‘according to’ generally indicates reportage. It tells the reader that the matter
referred to is derived or reported from a certain source. For instance:
- According to my lawyer, I could claim substantial damages for this infringement.
- In case this explanation is not entirely clear, consider the following sentences:
According to the weather forecast it will rain tomorrow.
OR
In accordance with the weather forecast it will rain tomorrow.

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- The first of these sentences is correct – it is reportage that simply tells us what the weather
forecast said. But the second – ‘in accordance with the weather forecast’ – indicates that the
weather forecast actually governs the weather, which is clearly not the case.
- Confusion may arise in situations in which both expressions can be used, but with different
emphasis. Compare:
Rent shall be paid in accordance with paragraph 7 of the lease agreement.
AND
Rent shall be paid according to paragraph 7 of the lease agreement.
- The difference between these sentences is that the first tells us that paragraph 7 governs the
way in which rent is paid, while the second tells us where to find the obligation to pay rent
(i.e. in paragraph 7).

6.2.6 FALSE COLLOCATIONS

- One of the most difficult aspects of English usage is achieving idiomatic mastery of
collocations.

What’s a collocation?
- Collocations are expressions which consist of two or more words which frequently appear
together. These may involve adjectives and nouns (e.g. a derisory (absurd) offer or a binding
contract), verbs and nouns (to fulfil obligations or to cast aspersions (defaming)), adverbs and
nouns (legally valid or wholly fraudulent).
- Some collocations are relatively flexible – i.e. the verb, adverb or adjective part of the phrase
may be replaced by another word to produce a broadly similar meaning. For example, in the
phrase to fulfil obligations, the word ‘fulfil’ could be replaced by ‘meet’ without altering the
meaning of the phrase.
- Other collocations are less flexible. Consider, for example, the relatively common phrase to
cast aspersions. An aspersion is a disparaging or damaging remark. It is always said to be ‘cast’
(not made, thrown, spoken etc). Another example is the common phrase to hold discussions.
Here, discussions are generally ‘held’ (not ‘made’, ‘carried out’ etc).
- You can usually get around the danger of constructing a false collocation by using another
phrase altogether, or even a single word. The phrase to cast aspersions could be replaced by
to make disparaging remarks, and to hold discussions may, in most cases, be reduced to to
discuss. However, the use of unfamiliar pairings of words will instantly appear subtly wrong
to a native English speaker.

Legally fixed collocations

- The situation becomes even more difficult when it comes to those phrases which can be
regarded as legally fixed as a result of legal tradition. In other words, generations of lawyers
have become accustomed to referring to a certain legal process using a certain form of words
to the extent that it becomes quite difficult or even impossible to deviate from this form of
words without creating legal uncertainty.
- This issue is particularly noticeable when dealing with verb and noun collocations which
describe the ways in which certain legal events or processes are begun and ended. For

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 example, contracts may be entered into or executed, and later terminated or rescinded; but
they cannot be begun and then cancelled or ended.
- In order to illustrate this point, here is a table showing some of the collocations used to
describe how certain legal matters are terminated.
Verbs used Nouns used
annul contract (relatively archaic usage)
marriage (when the marriage is not legally valid)
cancel order (e.g. for the purchase of goods – not a court
order)
meeting
appointment
discharge obligation (i.e. to carry it out)
duty (as for obligation)
invoice (i.e. to pay)
contract (when the contract is legally completed)
from liability (a synonym for release)
dismiss application (e.g. to court)
appeal (to court)
employee (from employment)
repeal act/statute
law
repudiate contract (i.e. by failure to fulfil its terms)
rescind contract (i.e. termination due to breach)
authorisation (i.e. to cancel)
revoke order (i.e. court order)
power of attorney
permission
authorisation
terminate contract
employment
withdraw offer
permission
support

A short list of legally relevant collocations

Here are a few examples of collocations in common use in legal English:
abide by a contract/decision/agreement
adhere to a contract/standard/principle/rule
adjourn a meeting/hearing/case
assign rights
authorised representative
award damages (i.e. by a court)
basic principle
binding contract

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binding obligation
break/keep/make a promise
breach a contract/law/statute
bring up a subject/issue/matter
cancel an order (e.g. an order for the purchase of goods – not a court order)
cast aspersions
claim damages
clarify an issue
contractual breach
contributory factor
compelling reason
comply with the law
contributory factor
copyright protection
derisory (inviting ridicule) offer
detrimental effect
dismiss a case/appeal/employee
draw up a contract/list/schedule
enter into a contract/discussion/negotiations
establish a cause/firm/company
estimated costs
exclusive agent/distributor/contract
exercise discretion
flagrant breach
foreseeable future
fulfil criteria/obligations
give/grant/obtain permission
grant permission
handle a complaint
hold a discussion
honour a commitment
incur liability/risk/penalty/costs
infringe copyright/rights/a patent/a trademark
irrevocably appoint
launch a scheme/initiative
legally valid
make a complaint/contribution/mistake/recovery/proposal/suggestion
managerial position
negotiate a settlement
pass a law/test
provide an explanation/a reference/a solution
public domain
put down a deposit
reasonable control

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reasonable costs
relevant issue
rescind a contract
satisfy/meet requirements/conditions/criteria
substantial amount/increase/decrease
terminate a contract
weighty problem/matter
wholly fraudulent
written notice/request

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 6.3 British and American English

- British and American English can be differentiated in three main ways:

1 Differences in language use conventions: meaning and spelling of words,
grammar and punctuation differences.
2 Vocabulary. There are a number of important differences, particularly in business
terminology.
3 Differences in the ways of using English dictated by the different cultural values
of the two countries.
- It is necessary to choose between British or American English and then apply the conventions
of the version you choose consistently. If you muddle up British and American standards, it
implies that you do not understand that they are different.

6.3.1 DIFFERENCES IN LANGUAGE USE CONVENTIONS

- Here are some of the key differences in language use conventions.
1 Dates. In British English the standard way of writing dates is to put the day of the month
as a figure, then the month (either as a figure or spelled out) and then the year. For
example, 19 September 1973 or 19.09.73. The standard way of writing dates in American
English is to put the month first (either as a figure or spelled out), then the day of the
month, then the year. For example, September 19th 1973 or 9/19/73. Commas are also
frequently inserted after the day of the month in the USA. For example, September 19,
1973.

2 o and ou. In British English, the standard way of writing words which might include either
the letter o or the letters ou is to use the ou form. For example, colour, humour, honour,
behaviour. The standard way of writing such words in American English is to use only o.
For example, color, humor, honor, behavior.

3 Through. In American English, the word through (or, in very informal use, thru) can be
used to mean until. For example, ‘September 19th thru October 1st’, would be in British
English ‘19 September until 1 October’.

4 Hyphens. Hyphens are often used in British English to connect prefixes with the main
word. For example, pre-emption, pre-trial, co-operation. They are less common in
American English. For example, preemption, pretrial, cooperation.

5 z or s? In British English, s is generally used in such words as recognise, authorise. The letter z
is used in American English in such words as recognize or authorize. However, it is not wrong
to use z in such words when using British English as standard (but be consistent).

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- Note, however, that some words must always end in -ise whether you are using British or
American English standards. These include:
advertise advise
arise comprise
compromise demise
despise devise
disguise enfranchise
excise exercise
franchise improvise
incise merchandise
premise revise
supervise surmise
surprise televise

6 l or ll? In American English, a single l is used in such words as traveled or counseled. In British
English, ll are used (e.g. travelled, counselled).
Note, however, that in British English, some words which end in a double ll lose one l when a
suffix is added: skill becomes skilfully, will becomes wilfully. In American English, the double
ll is retained: skill becomes skillfully, will becomes willfully.

7 -re or -er? In American English, the -er ending is used in words like theater, center, meter, and
fiber. In British English, these words are spelt theatre, centre, metre, and fibre.

8 oe and ae. Some scientific terms retain the use of the classical composite vowels oe and ae in
British English. These include diarrhoea, anaesthetic, gynaecology, and homoeopathy. In
American English, a single e replaces the composite vowel: diarrhea, anesthetic, gynecology,
homeopathy.

9 -e or -ue?. In British English, the final silent -e or -ue is retained in such words as analogue,
axe and catalogue. In American English, it is omitted: analog, ax, and catalog.

10 -eable or -able? The silent e, produced when forming some adjectives with a suffix is generally
used in British English in such words as likeable, unshakeable, and ageing. In American English,
it is generally left out: likable, unshakable, and aging. The e is, however, sometimes used in
American English where it affects the sound of the preceding consonant: traceable or
manageable.
11 -ce or -se? In British English the verb that relates to a noun ending in -ce is sometimes given
the ending -se. For example, advice (noun)/advise (verb), device/devise, licence/license,
practice/practise. American English uses -se for both the noun and verb forms of these words.
It also uses -se for other nouns which in British English are spelt -ce, including defense,
offense, pretense.

12 Prepositions. In American English, it is acceptable to omit prepositions in certain situations.

In British English, this habit is less common. For example, an American lawyer might find a

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 certain clause in a contract to be ‘likely enforceable’. A British colleague would be more likely
to say that it was ‘likely to be enforceable’. An American civil rights activist might ‘protest
discrimination’, while his British colleagues would ‘protest against discrimination’.

13 Have and got. In American English it is quite acceptable to use the word got without have in
sentences like ‘I got two tickets for the show tonight’. In British English, it is more usual to say
‘I’ve got two tickets for the show tonight’.

14 Gotten. Gotten is a proper word in American English, but is only used as an Americanism in
British English, except in certain phrases such as ‘ill-gotten gains’.

15 While or whilst? Both while and whilst are used in British English. In American English, while
is the right word to use, and whilst is regarded as a pretentious affectation.

16 Grammatical abbreviations. American authors generally put a comma (,) after the
abbreviations i.e. and e.g. (as recommended by the Chicago Manual of Style), while British
authors generally do not.

17 Use of dots in abbreviations. In American English dots are usually inserted between the
different parts of abbreviations that use uppercase. This is not the case in British English.
Hence ‘U.S.A.’ but ‘UK’.

6.3.2 VOCABULARY
Here are some key vocabulary differences.
Ordinary words and phrases
British American
aerial (TV) antenna
aluminium aluminum
anti-clockwise counterclockwise
at weekends on weekends
aubergine eggplant
autumn fall
banknote bill
bill check
biscuit cookie
braces suspenders
building society savings and loan association
calibre caliber
camp bed cot
car bonnet hood
car park parking lot
car windscreen windshield
caravan trailer

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cheque (bank) check
chips french fries
cinema movie theater
clerk (bank) teller
clever smart
cling film plastic wrap
cooker stove
cosy cozy
courgette zucchini
crisps potato chips
crossroads/junction intersection
dialled dialed
dived dove
draught draft
dressing gown bathrobe/housecoat/robe
dual carriageway four-lane highway
estate agent realtor/real estate agent
film movie
flat apartment
flyover overpass
frying pan skillet
fuelled fueled
full stop (punctuation) period
give way yield
grey gray
ground floor first floor
high street main street
holiday vacation
increase (of money) hike
lent loaned
lift elevator
lorry truck
maize/sweetcorn corn
manoeuvre maneuver
meet meet with
metre meter
motorway highway, freeway,
expressway, throughway
mum mom
muslin cheesecloth
nappy diaper
oblige obligate

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ordinary regular, normal
pants underpants
pavement sidewalk
petrol gasoline, gas
plough plow
post mail
power point electrical outlet
programme program
property (land) real estate
quarters (three-quarters) fourths (three-fourths)
queue line, line-up
rationalisation (personnel) downsizing
riding (horses) horseback riding
ring road beltway
rivalled rivaled
rowing boat rowboat
sceptical skeptical
sizeable sizable
skilful skillfull
solicitor attorney, lawyer
sombre somber
stand (for election) run
starter appetizer
storey (of building) story, floor
stupid dumb
sweet shop candy store
tap faucet
tartan plaid
terraced house row house
till checkout
towards toward
transport transportation
trainers sneakers
travelled traveled
trousers pants or slacks
tyre tire
underground (or tube train) subway
upmarket upscale
vest undershirt
waistcoat vest
work out (problem) figure out
Yours faithfully Respectfully yours/Yours truly

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 Yours sincerely (letter) Sincerely yours

Business and legal terminology

- Note that some of these terms are not exactly equivalent or may be used interchangeably in
some cases. For example, ‘competition law’ is often understood as a wider concept than
‘antitrust law’, and a large number of US terms (e.g. ‘par value’) are in relatively common use
in British legal English.
British American
called to the bar admitted to the bar
competition law antitrust law
articles of association bylaws
balance sheet statement of financial position
bills notes
bonus or scrip issue stock dividend or stock split
company corporation
creditors payables
debtors receivables
depreciation amortization
employment law labor law
exceptional items unusual items
flotation initial public offering (IPO)
indemnify hold harmless and indemnify
land and buildings real estate
maintenance alimony
nominal value par value
ordinary shares common stock
preference shares preferred stock
profit and loss account income statement
provisions allowances
receivership bankruptcy
share premium additional paid-in capital
shareholders’ funds stockholders’ equity
stocks inventories
theft larceny
turnover revenues
undistributable reserves restricted surplus

6.3.3 DIFFERENCES RELATED TO CULTURAL VALUES

- There are a number of differences between British and American English that relate to the
different cultural values of the two countries. For example, British English contains a number
of frequently used metaphors relating to football (‘scoring an own goal’) and cricket (‘a sticky
wicket’), while American English uses metaphors relating to baseball (‘in the ball park’).

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- The two versions of the language also have certain tendencies which are worth bearing in
mind. These are not absolute, since individual writers have their own styles which may
incorporate aspects of both British and American tendencies. However, in general:
• British English tends to react more slowly to new words and phrases than American
English. American English enthusiastically adopts new usages, some of which later pass
into general use (e.g. corporate citizen, social performance), and some die out after a
short period in fashion (e.g. synergy).
• British English has a slight tendency to vagueness and ponderous diction. American
English (at its best) tends to be more direct and vivid.
• American English tends to be more slangy than British English.
• Both American and British English are keen on euphemisms (inoffensive). In British
English, these are often used for humorous purposes (e.g. to be economical with the
truth) or to smooth over something unpleasant. In American English they may be used for
prudish reasons (thus lavatory or WC becomes restroom or bathroom), to make
something mundane sound important (thus ratcatcher becomes rodent operative), or to
cover up the truth of something unpleasant (thus civilian deaths in war become collateral
damage).
• American English has a tendency to lengthen certain existing words in an effort to give
them greater weight. This is particularly the case with certain nouns which are capable of
being given an alternative -tion ending. Thus transport becomes transportation and
documents become documentation.

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Questions

263
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266
 Tribhuvan University
Faculty of Law
National Law College
Internal Assessment
2074
B.A.LL.B (Semester System)/1st Semester/LAW Full Marks: 60
Legal English I (LEng424) Pass Marks: 30
Time: 2 hrs
Candidates are required to give their answers in their own words as far as practicable. The figures in the
margin indicate full marks.
Group "A" (Compulsory Question): (1x16=16)
1. Describe verities of English. What differences do you find between grammar of spoken and
written English?
Group "B" Attempt TWO questions: (2x10=20)
2. What do you mean by 'false start' and 'discourse markers'? Give examples.
3. What are the 'signposts'? How do you use them in spoken English?
Group "C" Attempt the following questions: (12+12=24)
5. Attempt the following: (3x4=12)
a. Mark stress in the following sentences:
1. Meet me at ten.
2. Can you tell me the exact time of his arrival?
3. How are you?
4. You said you did it?
b. Write short denials of the following sentences:
1. This book is interesting.
2. I assume I will be invited to the meeting.
3. Can you speak German?
4. Have I missed the bus?
c. Label following sentences with their levels of usage:
1. The tour lasted from July through August.
2. There are many friends to whom one would hesitate to entrust one's own child.
3. Shut the door, will you?
4. Is it any wonder that politicians are mistrusted?
6. Attempt any THREE of the following (Grammar): (3x4=12)
a. Write phonetic transcriptions of following words:
hoped, illness, bundle, finger, bullet, ahead, seizure, innocent
b. Rewrite the following expression with subject-operator inversion
1. They go away.
2. Your friends are there.
3. Too many people played the game there.
4. We should not go out under any circumstances.
c. Change the following into cleft sentences:
1. I want to read the other book

267
2. Not low pay we object to but extra responsibility.
3. We need more time.
4. Martin ate your pizza.
Good Luck!

268
 Tribhuvan University
Faculty of Law
National Law College
Pre-Board Examination
2075
B.A.LL.B (Semester System)/1st Semester/LAW Full Marks: 60
Legal English I (LEng424) Pass Marks: 30
Time: 2 hrs
Candidates are required to give their answers in their own words as far as practicable. The figures in the
margin indicate full marks.
Group "A" - Compulsory Question: (1x16=16)
4. "Plain language is not new kind of language with a separate vocabulary. Plain language writing is
the practice of writing in a clear and simple style." Examine the statement in light of features of
legal English.
OR
"Human used language not only to transmit messages or influence people’s behaviour but to act to
realize objectives through this language." Elaborate your opinion on John L. Austin's statement in
background of functions of legal language.
Group "B" Attempt any TWO of the following questions: (2x10=20)
5. How should paragraphs and sentences be framed based on plain language?
6. What are the basic elements of good writing styles?
7. How should we use technical terms while drafting legal documents?
Group "C" Attempt the following questions: (12+12=24)
5. Attempt any THREE of the following questions: (3x4=12)
d. How can sexist language be avoided in legal writing?
e. Replace following words and phrases with plain language vocabulary (any four):
affix, albeit, ancillary, by virtue of, commence, construe, curial.
f. Write in brief about sources of legal language.
g. How can legal jargons be used while preparing legal document for a commoner?
6. Attempt any THREE of the following questions: (3x4=12)
a. Write phonetic transcription of following words (any four):
machine, country, law, standard, nurse, medal, break.
b. Divide the following sentences into tone units and mark the intonation.
i. Mary, are you coming?
ii. The police, however, thought she was guilty.
iii. What we need is plenty of time.
iv. I opened the door and walked straight in.
c. Fill the gap with suitable preposition:
i. He was accused ... ... ... lying.
ii. He was charged ... ... ... murder.
iii. The criminal was liable ... ... ... jail sentence.
iv. He has no doubt ... ... ... her honesty..
d. Put 'must, possible, perhaps and may' in the following expression:
i. Somebody's car ... ... ... have been leaking.

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ii. It's ... ... ... that you're right.
iii. ... ... ... there was some mistake.
iv. You ... ... ... feel better tomorrow.
Good Luck!

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 Answering the question
1. Plan your time. Divide the time by marks allocated to the questions.
2. Divide the question into sub-questions.
3. Plan before writing.
4. Plan in following format in writing

a. Introduction
- Short history
- Definition
- Your own definition
- Main problem
- Hypothesis
b. Body
- Objectives, work, duty
- Advantages and disadvantages
- Types
- Methods
- Comparison
- Research study
c. Conclusion and recommendation

5 Answer the question in planned manner by giving heading and subheading.

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Plain English
Plain English (sometimes referred to more broadly as plain language) is a generic term for
communication in English that emphasizes clarity, brevity (brief), and the avoidance of technical
language—particularly in relation to official government or business communication.
The goal is to write in a way that is easily understood by the target audience: clear and
straightforward, appropriate to their reading skills and knowledge, free of wordiness, cliché
(obvious remarks) and needless jargon. It often involves using native Germanic words instead of
those derived from Latin and Greek.
Plain English
Write your words normally, as you would in speaking to everyday people.
Try to use the simplest word.
If a word is a name, idiomatic (the meaning of the words is not clear from the roots), or
jargon (special words used by experts), then it should be described in more detail. Linking
to an article about the word can also help.
Stephen Hawking is a cosmologist--someone who studies the structure of the universe
(stars and space).
Change to active voice. Example: change from "The bird was eaten by the cat." to "The cat
ate the bird."
Look for a Basic English verb in past, present or future only.
Simplified English
Simplified English is the original name of a controlled language originally developed for aerospace
industry maintenance manuals. It offers a carefully limited and standardized subset of English. It
is now officially known under its trademarked name as Simplified Technical English (STE).
Although STE is regulated for use in the aerospace and defense industries, other industries have
used it as a basis for developing their own controlled English standards.
Writing Rules
The Writing Rules specify restrictions on grammar and style usage. For example, they require
writers to:
 Restrict the length of noun clusters to no more than 3 words
 Restrict sentence length to no more than 20 words.
 Restrict paragraphs to no more than 6 sentences (in descriptive text)
 Avoid slang and jargon while allowing for specific terminology
 Make instructions as specific as possible
 Use articles such as "a/an" and "the" wherever possible
 Use simple verb tenses (past, present, and future)

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  Use active voice
 Not use present participles (adding ing) or gerunds (A noun formed from a verb (such as
the '-ing' form of an English verb when used as a noun))
 Write sequential steps as separate sentences
 Put commands first in warnings and cautions, with the exception of conditions

Main ways to make writing clearer:

• Keep your sentences short

Clear writing should have an average sentence length of 15 to 20 words and three to four
sentences in a paragraph.

• Prefer active verbs

With an active verb, the three parts appear in a particular order − subject then verb then
object. For example:

Peter (subject) watched (verb) the television (object).

'Watched' is an active verb here. The sentence says who is doing the watching before it
says what is being watched.

• Use 'you' and 'we'

Try to call the reader 'you', even if the reader is only one of many people you are talking
about generally. If this feels wrong at first, remember that you wouldn't use words like
'the applicant' and 'the supplier' if you were speaking to somebody sitting across a desk
from you.

• Use words that are appropriate for the reader

When you are talking to your reader, say exactly what you mean, using the simplest
words that fit. This does not necessarily mean only using simple words − just words that
the reader will

Jargon is a type of language that is only understood by a particular group of people.You

can use jargon when writing to people who will understand the terms and phrases. It can
be a useful form of shorthand. But try to avoid using specialist jargon on the general
public.

• Don't be afraid to give instructions

• Just think of it as a complete statement.

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 • Split them where suitable.

• Avoid nominalizations

A nominalization is a type of abstract noun. (Is that plain English?) In other words, it is
the name of something that isn't a physical object, such as a process, technique or
emotion.

Nominalizations are formed from verbs.

For example:
Verb Nominalization
complete completion
introduce introduction
provide provision
fail failure
arrange arrangement
investigate investigation

• Use lists where appropriate

There are two main types of list.
• A list that is a continuous sentence with several listed points picked out at the
beginning, middle or end.
• A list of separate points with an introductory statement (like this list).
In the list above, each point is a complete sentence so they each start with a capital
letter and end with a full stop.
With a list that is part of a continuous sentence, put semicolons (;) after each point and
start each with a lower-case letter.

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1. "Legal Language is the domain of a specialist occupation and the intended audience are experts
in the field". Discuss the nature of legal language in the light of the given statement. -16

Synopsis

1. Meaning of Legal Language

2. Specialist occupation and intended audience of legal language
3. Nature of legal Language
4. Conclusion

1. Meaning of Legal language

Language is the human capacity for acquiring and using complex systems of
communication. A language is any specific example of such a system. Legal English is the
style of English used by lawyers and other legal professionals in the course of their work.
It is English for Specific Purpose and a register.

Legal English is traditionally the preserve of lawyers from English-speaking countries

especially the U.S., the UK, Canada, Australia, New Zealand, Kenya, and South Africa.
These countries shared common law traditions. People use English as the predominant
language of international business. With its role as a legal language within the European
Union, legal English is now a global phenomenon. People refer it casually as lawspeak or
legalese.

2. Specialist occupation and intended audience of legal language

Legal language particularly relevant and applied to legal writing and the drafting of
written material, including:

• legal documents: contracts, licenses, etc.

• court pleadings: summonses, briefs, judgments, etc.
• laws: Acts of Parliament and subordinate legislation, case reports
• legal correspondence

It is the language of legal authors, legislators (laws and regulations), judges, and
administrators, as well as advocates. In continental Europe, one can refer legal language
to notarial language. In these countries – notably Latin countries – the notarial profession
prepares private-law documents. A notary is a lawyer who is in part official and advocate.

The language of legal authors has greater freedom. Legal authors employ a good deal of
scholarly vocabulary, notably Latin terms and sayings. Courtroom language is especially
formal, often archaic. Judges use unreserved declarations and peremptory (no
contradiction) orders. In certain countries, such as France, courtroom language is also
laconic (brief) when it comes to reasoning of judges.

Language of counsel or lawyer pleading case use detailed argumentation, along with an
abundance of rhetoric. In certain domains of legal language, notably in judgments, highly

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 complex sentence construction was formerly used – in some countries, that still remains
the case today. Finally, texts of whatever genre of legal language understandably include
many legal terms.

Criminal law contains scores of terms that are almost never used in texts on the law of
property or constitutional law. Criminal law involves psychiatric terminology, while land
law involves surveys, and tax law involves accountancy.

3. Nature of legal language

a. Normative nature of legal language

Legal language is a normative language. People relate it with norm creation, norm
production and norm expression. Language used from law or legal sources is
largely prescriptive. The normative language of law derives from the fact that law
has the basic function in society of guiding human behaviour and regulating
human relations. Law embodies the ideals and standards people have and seek
to realise in such concepts as equity, justice, rights, liberty, equal protection and
the general welfare that enter the body of law.

b. Performative nature of legal language

Closely related to the normative nature of law and legal language is the notion
that language is performative. Law depends upon language, in particular the
normative and performative nature of language. In speech act theory as first
proposed by J.L. Austin, speech is not just words, as people normally associate it
with, but also actions. Words are not only something we use to say things, we
also use them to do things. The performative use of language is not exclusive to
law, but law relies heavily on performative utterances.

In relation to legal discourse, Danet classifies legal language use into different
types of speech acts, based on Searle’s general classification of speech acts. Thus,
legal speech acts consist of the following categories:

 Representatives, which are utterances that commit the speaker to something

being the case or assert the truth of a proposition, including testifying,
swearing, asserting, claiming and stating.

 Commissives, which commit the speaker to do something in the future, such

as in contracts, marriage ceremonies and wills.

 Expressives, which express the speakers’ psychological state about or

attitude to a proposition, including apologising, excusing, condemning,
deploring, forgiving and blaming.

 Declaratives, whose successful performance brings about a correspondence

between their propositional content and reality, including marriage
ceremonies, bills of sale, receipts, appointments, and nominations; and the

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 legislative stipulation of rights and of definitions of concepts; lawyers’
objections, sentences, and appellate opinions, indictments, confessions,
pleas of guilty/not guilty, and verdicts.

 Directives, the future-oriented speech acts, seek to change the world, to get
someone to do something, most prominent in legislation that imposes
obligations.

c. The technical nature of legal language

Legal language is a technical language and legal translation is technical translation

involving special language texts. But in fact, there have been debates as to the
nature of legal language, whether legal language actually exists and whether it is
a technical language. There are two main positions regarding the nature of legal
language. One view holds that legal language is a technical language while the
opposite view is that there is no legal language, and, even if it exists, it is part of
the ordinary language.

For the latter view, some question whether it is scientifically correct to speak of
the language of law. In this view, there is no law language. Legal language is no
more than a specialised form of the ordinary language. It is a use of the ordinary
language for particular purposes, and in this case, legal purpose. On the other
hand, many believe that legal language is an identifiable technical language. They
accept the validity of the designation ‘legal language’. Some even argue that it is
a separate language, a sub-language or a social dialect.

4. Conclusion

Thus, Legal language is the language used by lawyers and other legal professionals in the
course of their work. It is the language of legal authors, legislators (laws and regulations),
judges, and administrators, as well as advocates. It has normative, performative and
technical natures. One can rightly argue that "Legal Language is the domain of a specialist
occupation and the intended audience are experts in the field".

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2. Discuss the legal system in the United Kingdom. - 7.5

Synopsis

1. British Legal System

a. Structure of the law
b. Constitution and
c. Jurisdiction
2. Conclusion

1. British Legal System

Legal system is a system for interpreting and enforcing the laws. Thus, British legal system
is the legal system of England and Wales. To deal with British legal system one must deal
with following matters:
(1) Structure of the law,
(2) Constitution and
(3) Jurisdiction.

(a) Structure of the Law

Study of law distinguishes between public law and private law:

Public Law: Public law relates to state. It concerns laws, which govern process in
local and national government. It concerns conflicts between the individual and
the state in areas such as immigration and social security.

Private Law: Private law concerns relationship between legal persons (individual
- natural person and corporations - artificial) and includes family law, contract law
and property law.

In legal Practice in UK, the distinction between civil law and criminal law is more
important.

Criminal Law: Criminal law deals with certain forms of conduct for which state
reserves punishment, for example murder and theft. The state prosecutes the
offender.

Civil Law: Civil law concerns relationship between private persons, their rights
and duties. It also concerns conduct, which may give rise to a claim by a legal
person for compensation or an injunction (an order made by the court).

The study of law also distinguishes between substantive law and procedural law.

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 Substantive Law: Substantive law creates, defines or regulates rights, liabilities
and duties in all areas of law.

Procedural Law: Procedural law defines the procedure, which enforces a law.

(b) The Constitution

There is no written constitution in United Kingdom (UK). Constitutional law

constitute of statute law, constitutional law and Conventions.

The Head of State: The monarch, the Queen is currently the head of state.

The Head of Government: The Prime Minister is the head of the government and
the government carries the authority of the Crown (the monarch).

Parliament: The Westminster Parliament has two chambers (the House of Lords
and the House of Commons). Westminster is borough (administrative divisions of
a large city) of Greater London on the Thames; contains Buckingham Palace and
the Houses of Parliament and Westminster Abbey.

The House of Lords: Membership was once a birthright of hereditary peers, other
than those in the peerage of Ireland. Following a series of reforms, 92 members
(as of 2014) still sit in the Lords by virtue of a hereditary peerage.

The House of Commons: The UK public elects 650 Members of Parliament (MPs)
to represent their interests and concerns in the House of Commons. MPs consider
and propose new laws, and can scrutinise government policies by asking ministers
questions about current issues either in the Commons Chamber or in
Committees.

(c) Jurisdiction

There are four countries and three distinct jurisdictions in the United Kingdom:
(a) England and (b) Wales,
(c) Scotland and
(d) Northern Ireland.

The UK's accession to the European Communities in 1973, authorized by

European Community Act 1972, means the addition of further legislative
authority in legal system. The UK is signatory of the European Convention of
Human Rights and incorporated this into UK Law.

2. Conclusion

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British legal system is the legal system of England and Wales. In UK, study of law
distinguishes between public law and private law. In legal Practice in UK, the distinction
between civil law and criminal law is more important. The study of law also distinguishes
between substantive law and procedural law. There is no written constitution in United
Kingdom (UK). Constitutional law constitute of statute law, constitutional law and
Conventions. There are four countries and three distinct jurisdictions in the United
Kingdom. The UK's accession to the European Communities in 1973, authorized by
European Community Act 1972, means the addition of further legislative authority in legal
system.

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3. What is the importance of technical terms in Law? (2069) 2.5

 Legal language is a technical language and legal translation is technical translation

involving special language texts.
 There have been debates as to the nature of legal language, whether legal language
actually exists and whether it is a technical language.
 There are two main positions regarding the nature of legal language. One view holds that
legal language is a technical language while the opposite view is that there is no legal
language, and, even if it exists, it is part of the ordinary language.
 For the latter view, some question whether it is scientifically correct to speak of the
language of law. In this view, there is no law language. Legal language is no more than a
specialised form of the ordinary language. It is a use of the ordinary language for
particular purposes, and in this case, legal purpose.
 On the other hand, many believe that legal language is an identifiable technical language.
They accept the validity of the designation ‘legal language’. Some even argue that it is a
separate language, a sub-language or a social dialect.

Try to collect following information for writing legal contents:

1. International data relating to the subject matter (World Bank, International Monetary Fund other
international institutions)
2. Theories and principles of the subject matter (Books of Authors, encyclopedia, dictionaries,
International Open Libraries and Universities)
3. Model law of the subject matter (UN, International and Regional Organizations)
4. International laws of the subject matter (UK, France, US, India, Germany - Concerned Law
Commissions)
5. International precedents on the subject matter (Concerned Supreme Courts)
6. National data relating to the subject matter (Center Bureau of Statistics, Reports of Government
and Constitutional bodies)
7. National laws of the subject matter (Nepal Law Commission)
8. National precedents on the subject matter (Supreme Court)

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