1.

LEGAL LANGUAGE AND ITS NATURE

1. Law and Language

2. Meaning of Legal Language
3. Scope and Domain of Legal Language

Relation of law and language:

Introduction:
The use of language is crucial to any legal system, not only in the same
way that it is crucial to politics in general, but also in two special
respects. Lawmakers characteristically use language to make law, and
law must provide for the authoritative resolution of disputes over the
effects of that use of language. Political philosophers are not generally
preoccupied with questions in the philosophy of language. But legal
philosophers are political philosophers with a specialization that gives
language (and philosophy of language) a special importance.
Philosophy of law can gain from a good philosophical account of the
meaning and use of language, and from a good philosophical account of
the institutionalized resolution of disputes over language. Philosophy of
language can gain from studying the stress-testing of language in legal
regulation and dispute resolution. And philosophers of language can gain
from he reminder that their task is not only to account for what people
share in virtue of the mastery of a language; they also need to account for
the possibility of disagreements over the meaning and use of language,
and for the possibility that there might be good reason for resolving those
disagreements in one way rather than another.
In addition to their interest in the use of language in law. Philosophers of
law have developed a second, interrelated interest in using insights from
the philosophy of language to address problems of the nature of law. This
article outlines some problems in each of these two areas, after a brief
historical note on the linguistic preoccupations of legal philosophers.
The only tool a lawyer has is words. Doctors, engineers, architects and
other professions can make use of the latest technical developments to
help them in their work. But lawyers are basically left with the same tools
they had when the profession began - words.
Legal English is different from General English or business English, and a
good knowledge of both general and business English is not sufficient to

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 be able to function effectively in the international legal community. For
example, you may know the word consideration from general English
(=careful thought), but could youliferits Legal English meaning
(=payment) from your knowledge of general English? Legal English has
many words with every different meanings from their general English
definitions, and it is important not to confuse the two. These words can
often be understood from context, but it is important to realise at the
start of your studies that you will encounter many words with which you
will be familiar but which are used differently by lawyers.
As with other professions. Legal English includes much technical
vocabulary. These are words that only lawyers use, such as tort, easement
and injunction. These must be learned and used correctly. A simple
bilingual dictionary is not enough to learn such vocabulary, and the
TransLegal World Law Dictionary has been designed specifically to meet
the needs of non-native speakers of English learning and practising tile
law.
Many problem can arise from misunderstanding cross-discipline technical
vocabulary. These are words such as consideration that have one meaning
in general English and another meaning in Legal English, as outlined
above. Another common example is the term negotiate. In general
English negotiate means to try to reach an agreement by discussing its
terms. In Legal English, negotiate can also be used to transfer the legal
ownership of something,
Another possible area of difficulty is the use of semi-technical
vocabulary. These words are examples of formal (general) English that
are used extensively by lawyers, sometimes with slight changes in
spelling or nuance. One example is the term therefore, which means for
that reason. This meaning and spelling is also used in Legal English.
However, another common term is therefor, which has a slightly different
spelling and means for that or for it.
As the only tools available to lawyers are words, one could liken the
nuances and shades of legal English to the sharpness of a tool. A lawyer
working in English without a good understanding o these nuances is like
a surgeon working with a dull scalpel. Not good.

Other general attributes of legal English include.

 very long sentences
 archaic expressions

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 providing for all possible contingencies
 a greater tendency to use formulaic expressions
To a certain extent, the gap between Legal English and general English is
narrowing as lawyers are encouraged to use plain English where
possible. However, the continued use of old statutes and precedents
necessitates an understanding of archaic language still in relatively
common use by lawyers. The use of legalese, the formal and technical
language of legal documents that is often hard to understand, is
discouraged in vocational legal training and lawyers are now taught to
use naturalistic language where possible. However, for better or for
worse, many lawyers still insist on the traditional use of legal jargon. The
law has always tended to be a conservative profession, and this is
reflected in its use of language.

Meaning of Legal Language

Introduction:
Words are the essential tools of the law. In the study of law, language has
great importance; cases turn on the meaning that judges ascribe to words,
and lawyers must use the right words to effectuate the wishes of their
clients. It has been said that you will be learning a new language when
you study law, but if s actually a bit more complicated. There are at least
four was in which you encounter the vocabulary of law.
One of the great paradoxes about the legal profession is that
lawyers are, on the one hand, among the most eloquent users of the
English language while, on the other, they are perhaps its most notorious
abusers
Meaning of Legal Language: Legal language means a language used by
the persons connected to the legal profession. The language used by the
lawyer, jurist, and the legislative drafts man in their professional
capacities. Law being a technical subject speaks through its own register.
Legal language has varies like local legal language and English.
As defined by webstar in his lexicon, term is derived from the Latin word
'Lingua' meaning a system of communication between humans through
written of vocal symbols.It is a speech peculiar to an ethnic, national or
criminal group.It is the articulate or inarticulate expression of thoughts
and feelings by living creatures it is the system of sounds and words used
by human being to express themselves.
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 In India legal language means a language other than in English or
independent of English a legal language is expected to be developed
through the medium of regional language or Hindi.
There are different "Registers'’ for different sections of people or
technical experts like 'Scientific Register' for the language old Scientists,
Technological Register" for the language of technologists, 'Journalist
Register for the language of the Journalist Literary Register' for the
language of Literary persons and 'Legal Register1 for the language of law
persons - Lawyers. Judges, Draftsmen, Jurists etc. There are four factors
which establish 'Legal Register'
i. The Field Dimension or subject-matter dimension of legal register
provides for its separate terminology
ii. Mode dimension of legal register requires highly formalized
expressions in the form of enactments, application, forms and
judgments.
iii. Under Role dimension of the legal register deals with machine
translation and official use are included.
iv. The Formality dimension of the legal register deals with legislators,
judges and Lawyers, Lawyers and Litigants, Judges and Litigants,
teachers and students of law.

Scope and Domain of Legal Language

Introduction:
Legal language comes across and influences different segments of the
society. Some of them may be law knowing persons and others may not. The
communication between the law-giver and men of law is one sa
communication. It can be found in the shape of statute.
The language of the statute is most technical and legislators have very little
to do with it but drafter take care that it is communicative of, the law-givers
intension. The communication between the judge and the council is the to-
way, as both are well-versed in law. So is the case with formal
communication between the two opposed councils while addressing the
judge.

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This short communication involves judgments and briefs. In the third
instance there is informal consultation that takes place either between two or
more judges, chamber or between two or more council in councils office or
bar room or among men of law in jurisprudential decisions. Lastly, there is
the consultation between the ordinary citizen and the counsel the former may
be ignorant of law and therefore the job of the latter is more difficult as he
has to give legal shape and terminology to the ordinary language of the
client.
In Ashok K.Kelkar's language legal communication may be summarized to
five types of situational contexts:
1. The law-givers to the judge and the counsel statues, preamble to statutes.
the judge to the counsel, the counsel to the Judge-judgment briefs, court -
room exchange, preamble-like portion of judgment and briefs
2. Consultation among judges, among counsels, among me of law. The
judge to jury, the counsel to client the client to counsel- the judge's brief,
consultations.
3. (v)Between ordinary citizens-contracts, testaments, buy-law, notice and
the like
Importance of language in law:
Legal language is different from everyday language. The differences are
most obvious at the semantic level of all the modes of persuasion furnished
by the spoken work there are three kinds-
i. The first depends upon the personal character of the speaker.
ii. The second on putting the audience into a certain frame of mind, and
iii. The third on the proof or apparent proof provided by the speech itself
.and this can be achieved by
a. reasoning logically
b. understanding human character and goodness in their various
forms, and
c. Understanding the liberty of the mind. The object of every
sincere speech after all, is not to arouse the passions or flatter
the senses, but to convince the hearers of the truth.
As a lawyer one must have a distinctive vocabulary which uses the words
from outsidethe general language and words which are part of the general
language, but which haveradically different meaning in legal and general
usage.
The significant of language for law lies infect that it is not merely a
medium of communication but also a medium of law or furthermore or is
not merely only medium, is the law.
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10 | P a g e
2. PROBLEMS OF LEGALLANGUAGE AND
REMEDIES

1. Problems of Legal Language

2. Problems of Legal Language in Drafting Statutes and Writing
Judgments
3. Principles of Legal Writing
a) Simplicity, Clarity and Precision
b) Plain English and Plain Language Vocabulary
c) Eliminating the Jargon "Legalese"
d) Avoid Repetitions
e) Slash Unnecessary Words
f) Breaking up Long and Complex Sentences
g) Connecting Sentences
h] Linking Paragraphs
i) Use of Passive Voice
j) Use of Symbols and Abbreviations

Problems of legal Language:

1. Uncertainty and ambiguity:

There are many words used in legal language which have no definite
meaning and they produce problems. There reader should guess the
meaning referring to the context in which a particular word or phrase
is used. E.g. The word 'right means 'Claim' as well as 'exactness', 'just'
2. Inherent incompleteness of Human Language:
Human language is incomplete and imperfect. Except in mathematics,
it is difficult to frame exhaustive definitions of words, they must be
constructed with reference to the subject-matter to which they are
applied. Even in mathematics, words do not have exactitude beyond
doubt; they are sharply defined; but this does not mean that they are
easily applied to the world of experience or that they are immune form
the general necessity of being constructed with reference to the
subject-matter

3. Change in meaning of the word:

Many words change their meaning in the course of time,

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a. Some become restricted
b. Some widened
c. Some transferred by metaphor, the original meaning either remaining
or disappearing.

4. Emotive elements in words:

Some words carry an emotive element. It lends illegitimate weight to a
statement. A word is said to perform an emotive function, when it either
expresses and affective of volitional attitude or arouses such an attitude in
others. Thus an emotive word can either be an expression or an excitant
of felling or desire.
Sometimes, an emotive statement is disguised as a referential one.
E.g.‘justice requires all moral wrongdoing to be punished' It shows
mysterious natural nexes between anti-social action and suffering.
5. Pemimbral or fringe meaning of certain words:
Some words are not equivocal as to have two or more meaning but they
are still vague in their meaning. E.g. 'about', 'near', 'more or less'. When
such expressions are used in legal document, they cause considerable
trouble.
6. Playing humpty-dumpty with words:
Lawyers may play humpty-dumpty with words. They can give meaning
to a word quite form its common sense. The significance of all words is
perfectly arbitrary and that every man has inviolable liberty to make
words stand for what ideas he pleases.
Since, an important function of language is to communicate thought, it
can serve this function well if there is a general measure of agreement
upon the meaning of words.
7. Rhetoric:
It is synonymous with legal language. The expression rhetoric has both
positive and derogatory connotation. As a noun, it is the art of speaking
and writing well elegantly and effectively, especially in order to persuade
or influence other, it relates to the theory and practice of using language
effectively. Rhetoric questions are put in order to produce an effect rather
then to gain information, the answer usually being implied in the
question.
In derogatory sense, rhetoric indicates the language which is full of
unnecessarily long, formal or literary words and phrases, and which is
often insincere and meaningless rhetorical style communicates the idea of
over-elaboration or insincerity in style.
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8. Jargons:
Dictionary meaning of the term 'Jargon' is the specialised vocabulary or
particular trade, profession, group or activity. Some would say that to be
a good lawyer is necessarily to be Jargon monger that word shuffling is
the nature of business. But it is also been used in a derogatory sense. In
derogatory sense, it connotes the language which uses specialised type of
vocabulary in a pretentiousor meaningless way. It communicates
confusing or meaningless talk.
9. Verbosity:
Sometimes, two or more words are used from different angle to
communicate a single idea. Adjective verbose indicates using too many
words; boring or irritatingly long winded. Noun verbiage, means the use
of language that is wordy or needlessly complicated and often
meaningless. Sometimes, many irritating words are used in some
documents needlessly. Sometimes, obsolete words are used which are no
more in common use. e.g. Said, the aforesaid, whereas, hereinbefore,
hereinafter etc.

10. Legalism or Lawyerism:

Legalism is something different from legality. Legality indicates strict
adherence to law, prescription, or doctrine; the quality of being legal
Legalism on the other hand means:
a. Formalism carried almost to the point of meaninglessness; a
disposition to exalt the importance of law or for mutated rule in
any department of action.
b. A mode of expression characteristic of Lawyer, it is nearer to
legalistic i.e. formalistic. It is hoped and advised that lawyers and
legislators should avoid legalism and legalistic expressions.
Latinism means use of difficult Latin words and phrases not easily
comprehensible.
11. Formalism
Formalism means excessive adherence to prescribed forms; use of forms
without significance. It differs from the expression 'formality' which
means conformity to rules; propriety; precision of manner. Use of formal
words is a defect in legal language. Formal words constitute an elevated
level of diction, and even synonyms that exist on different levels.
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The language of the law is perhaps too heavy with formal words
expressing resort to unnatural pomposities.

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Problems of legal Language in Drafting Statutes and Writing Judgments

Introduction:
Drafting is a specific type of legal writing dealing with instruments oflegal
documents that are to be construed by others. Drafting is a preliminary stage of
writing and a good draft results in good writing. The style of drafting is
considerably different from that of the other legal writing as in judicial opinions
and legal commentary. Thus, legal literarywriting must be distinguished from
the drafting of legal documents. In statutes, conveyances, contracts, etc.
certainty is paramount aim of the draftsman rather than attractive legal style.
I. The problems of Legal Language in Drafting Statutes arise due to
following reasons:
The draftsman makes an effort to communicate the intention of the
legislation through the language to all the sections - Litigant, Counsel and
Judge, involved in the legal profession.

1. Lack of clarity of though (Impressing);

A draftsman of the parliamentary draft begin his work with a number of
problems. He has to work within the orbit of divergent standards like
legal problems. He has to work within the orbit of divergent standards
like legal effectiveness, acceptability, brevity, ability and conformity with
law. It takes much time and requires enough thinking to achieve precision
and clarity in thoughts. Lack of clarity in thoughts leads to disorganized
composition and language becomes confused and inconsistent.
a. Ambiguity in instructions orlack of uniformity in thoughts of different
persons:
Drafting of a statute starts with the instructions of a government official
instructing the draftsman. The ministers rarely sees the instructions sent by
the officials to the draftsman. But there is a certain conflict of interest
between the draftsman and the department as 'former seeks to confine the
Bill strictly to matters requiring an alternation of the law. The department is
conscious that theMinister would like to make a Parliamentary splash; it
also knows that administration is sometimes helped by being able to refer an
Act of Parliament so it wants to put as much as possible into the bill. When
a Minister wants a clause to look as attractive politically as possible and is
impatient of the detail needed for precision; or when the department wants
its administrative powers drawn widely, or even obscurity, so as to avoid
risk of legal challenge, an attitude which hardly pleases a self-respecting
draftsman.
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b. Ambiguity arising from hasty legislation:
The work of drafting bills is carried out under intense pressure of time. A
large number of statutes are hurriedly under compulsion of politico-
economic pressures. Due to haste, there is no opportunity for adequate
discussion even on controversial points the statute is drafted in haste in an
atmosphere of the clash of interest of different groups.

c. Lack of reconciliation between the conflicting interests:

Some statutes are drafted in a manner which do not reconcile the issues
betweentwo conflicting parties. For e.g.in some States, there are disputes
between Tenant and Landlords which cannot be resolved because of unclear
law. These issues should be imagined while drafting such laws.
d. III – drafting.
Draftsman, while describing some matter at different places in the same Act,
does not use the similar language, the ambiguity creeps into the Act.
Legislations is for the people and must, therefore be plain enough.Judges,
looking at the statutes are forced to play a linguistic game guessing the
general legislative purpose and straining at semantics. Legislative draftsmen
and legislators must not confuse each other but start talking to their real
audience- the people by writing law in unmistakable and simple language.
e. Inapt drafting making reconciliation between the old and the new law
on a point:
When a statute is drafted to replace old laws by new laws, use of loose
language causes much of difficulty. It is expected of the draftsman that he
should not create doubtful situations.
f. Disagreement on acceptability:
Language of draft may invite reactions and criticism if it is thought
provoking. It may excite opposition. e.g. Use of'tried his best' instead
of'used his best endeavours'
g. Requirement of legal compatibility.
Sometimes, bills may be drafted in a language which may not be compatible
withthe existing laws. Similarity of language on similar matter brings
clarity. There are many problems before the draftsman:
o He does not have the benefit of precedents on drafting.
o A draftsman is discouraged by the knowledge that if he carries out the
search, it will throw up a variety of examples, not one of which may
appear any better than others.
o Draftsman vary in their willingness to spend time hunting for models
in earlier legislation. Clarity in language demands that the draftsman
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 should indicate in his bill what its effect is on other statutory
provisions - by way of repeal an amendment.

2. Drafting of definitions:
Itis common to find in a statute 'Definition' of certain words and expressions
in the body of the statutes. The object of such a definition is to avoid the
necessity of frequent repetitions in describing all the subject-matter of which
the word of expression so defined is intended to apply.
Statutes define terms and give narrower or more extensive meaning than the
dictionary or the layman would give to the particular word or phrase.
Although the definition is aimed at bringing clarity and brevity, but due to
the use of the liberal and expansionist words or lack of the drafting of
mandatory rules, many problems arise. Rules should be straightway
commands, not definitions. The mainproblem of language is that, instead of
making the definition simple, it makes them complicated.
3. Inherent ambiguity of words:
a. Use of expressions 'shall' and 'may'
'Shall' is the most powerful word in the draftsman's inventory. Therefore it
must be squandered by misuse. The proper use of 'Shall' is to give an order
and it is a word of command and mandatories.
The use of the expression 'may' is also not relieved of uncertainty. Normally
it lacks command and is merely permissible buy where 'may' communicates
absolute power, it is meant as 'shall'. The biggest problem of the Draftsman
is how to limit the use of 'Shall' for command and 'May' for permissiveness
for the sake of certainty and clarity.
b. Use of'and'and'or' :
Ordinarily 'and' is conjunctive and 'or' disjunctive. Much uncertainty and
confusion is caused due to the expression 'and' and 'or' in the statutes.
Draftsman should avoid use of'and'and 'or' as 'And' can be both conjunctive
and disjunctive therefore and/or is unneeded.
4. Misplaced duty:
Statutes are bossy; they give orders. Draftsman regularly forget to direct
orders to someone. Inactiveandimpersonalformcreatesdoubtaboutthe legal
consequences.
e.g. The draftsman uses the expression 'Notice shall be issued' instead of 'A
shall issue the notice', a doubt arises as to who shall issue the notice.
5. Use of equivocal words,

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 Sometimes words selected are so ambiguous and equivocal that they create
problem.

6. Jargons:
Many problems come out of jargon mongering. It better to avoid certain
words. For E.g. USE of 'Such' is to be avoided and the', 'this', these' is to be
preferred. The use of 'such' is unnecessary and represents bad bill drafting.
Jargon is a special kind of language. It has several Meanings:
a. Strange, confused, unintelligent language
b. Language used by a particular group like lawyers, etc. c. Obscure
language used to confuse.
c. Obscure Language used to confuse.

7. Use of doublets andTriplets of legal idioms:

Amplification of synonym has been a part of the language of law. It was
most common in English Renaissance. French and Latin pair for words were
used as approximation of Anglo-Saxon words. Such words still survive in
legal language.
E.g. Acknowledge and confess (old English and old French)
Act and deed [Latin and old English)
Goods and chattels (old English and old French)
Some writers view that purpose of this mannerism of doubles as
'rhetorical' or 'oratorical' rather than etymological However, it has been
viewed that doublets had significance. The purpose of doubling was
dual, 'to give rhetorical weight and balance to the phrase and to
maximize the understanding of readers or listeners.

8. Style
In old days much of the legal language problems arose due to the use of
style of the drafting. The craft of drafting was victim of prolixity,
redundancy and intricacy. Sometimes, the style of drafting causes serious
problems. When the draftsmen intend to reconcile between the old rule
and new rule on the point. They use 'notwithstanding the provision of and
subject to the provisions of. They also use the phrase 'other law to the
contrary notwithstanding. The draftsman knows or thinks contrary law
exists, he should find it and repeal or amend it.

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9. Cliche and Gobbledygook.
Using cliché’s gives the impression that the draftsman is not thinking but is
merely using pre-digested though and language. Gobbledegook is a style of
using big words when smaller words do as will. It is adopted for two
reasons:
a. to hide the draftsman's real ignorance about the subject
b. to create a false impression of importance.
The use of long words, long sentences, multisyllabic Jargon and verbal
distortions, badly affect the legal drafting.
II. The problems of Legal Language in Drafting Judgments arise due to
following reasons:
Judgement is the final determination of the court communicated through
formal declaration to the parties and the whole world. Judgement is delivered
in the open court. It has two-fold significance:
a. it determines the rights and duties of the parties to dispute and
b. it lays down the law for the future on the point.
Judgement has multidimensional significance. Judges and advocates are its
essential part Subordinate Courts are bound by judgement of the Superior
Courts.

Judgments have the qualities of decorativeness, determinativeness and

adjudicativeness. Therefore they should be intelligible to all. Language of
the subordinate courts is the regional language. The language of the High
Courts and Supreme Court is 'English'.
Two precautions have to be taken while delivering the judgments:
There are a number of problems relating to the language of the Judgement
due to which communication gap between the lawyers, judges and the
common people persists. They are briefly discussed below:
1. Lock ofcommunicability due to judgement not being delivered in
indigenous :
Decisions/Judgement in indigenous language would be easily
understandable due to the natural language affinity. But in India, even
after elapse of five decades of the functioning Constitution, it has not
been possible for the Judges of superior courts to deliver judgments in
indigenous language. As a result of Judgments being delivered in

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 'English' which is still a foreign language for majority of Indians, they are
not understood or comprehended.
2. Use of literary language:
Some law experts think that a good judgment writing must be vigorous,
racy and pungent. Judgment should be pronounced in a readable
language. Some very good judges aspire for literary excellence and pass
readable literature of the highest order. The language of the judgment
should not be mystifying. Too must literariness and use of old English
may become less understandable.
3. Use of Lexical gymnastics:
Judgments are delivered not only for lawyers and Judges but also for
litigants. Law is a literature in a much different way. Sometimes, the
language is to pompous to render the clarity of expression.

4. Use of Rhetoric, Jargon and Verbosity:

Most of the times, judgment writing is characterised by verbosity and
rhetoric.

5. Use oftechnical and old English:

Technical terms are of art. But such terms should be used only when they
are well-known in the profession.
6. Careless use ofwords causing languageproblem in judgement
writing:
Judges have to use words carefully because sometimes minor
manipulation here and there can change the meaning and scope of entire
sentence. At most care need to be taken while drafting the judgments.

7. Over-elaboration:
The requirement of Anglo-Saxon Jurisprudence compels fudge to confine
his attention to the issue arising before him. Every judgment does not
provide opportunity for laying down the laws for future. Transgression of
this rule may result in confusion and embarrassment.
Solutions to Language problem in writing of judgement:
1. Using simple and intelligent language.
2. Judge should make his meaning clear and communicative.
3. Strictures and criticism of lower courts beavoided.

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 Q.3 Explain the principles of Legal Writing with respect to important
points?
Ans.3 The principles of Legal Writing are as described below:
a) Simplicity, Clarity and Precision:
Clarity: Writing of all lands 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 Clarity of writing usually follows clarity of thought.
 Saying it in such a way that the people you are writing for will
understand it-consider the needs of the reader.
 Keepitasshortaspossible.
Precision
Objective of writing set the language of the document. When you are
writing a formal letter, response to a letter, business mail then your
language could be a common English. But when you know that writing a
latter could hamper your legal rights then the wordings should be
carefully chosen.
First see, what it the objective? Does the objective is to reply a complaint
where customer is annoyed by default? No, the objective is to save the
actually handle an annoyed customer.
b) Plain English and Plain Language Vocabulary:
Before to begin with legal English, we need to understand the difference
between Legal English and plain English. Plain or general English writing is
used for communicating thoughts, observation, stories, description etc. but
legal writing is slightly different: Legal writing defines the rights and
liabilities. It is defines the statutory position, legal obligation, legal
provisions, statue, factual description etc. Legal writing is intended for
interpretation. Interpretation by the court will effect overall result that’s why
legal writing should be in such manner that no other interpretation can be
taken out of a sentences other than the intended by the writer.

c) Eliminating the largon "Legalese":

Legal Jargons and Latin. Legal jargons are the word which only a legal
professional can understand. It is often seen that legal professional feel pride
using legal jargons and Latin. Words like
'thereon''therewith''whereas''hereinafter' are not commonly used in general
English but these words are heavily used by legal professionals. We have
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described these words in separate chapter in this book, it is commonly
known asLegalese.
It can be acceptable when you are writing for consideration of court of legal
fraternity who are accustomed to read and understand. But it may scared a
lay man. Specially, Latin is very difficult to pronounce and even more
difficult to understand.
d) Avoid Repetitions:
Writers often avoid using the words repetitively and prefer using variation of
samewords at different places. However, this use of variation or avoiding the
use of same words at different places can be very harmful and may render
the meaning of the draft turn on its head or leave the reader confused about
what the writer is trying to say. For e.g. synonyms are used in varied context
at many places in English language and reader might consider the meaning
of the synonym in a context different than the one in which used by the
writer.
e) Slash Unnecessary Words:
Edit the document five time at least. Don't hesitate to edit once more. Rule
out every possibility of mistakes in grammar, spellings, commas,
parenthesis, chronology etc. Every time you will find scope of improvement
in the sentence construction, paragraph length and even sequence. Legal
English is all about the expression by the parties. The expression largely
depends of choice of word. Be careful in choice of word.
The clutter of words is a bunch of words used together instead of a single or
a short word with same meaning For e.g. use of "a great number of instead of
"more", "absolute guarantee" instead of guarantee, "at 12 noon" instead of
"noon".
Why we should use "cease and desist" when we can instead use "stop". Both
the words used in the given phrases mean the same thing but it is believed by
using multiple words for one single word, preciseness is being achieved.
However, the results used by use of Clutter of words is sometimes other way
around and instead of preciseness, things are made complicated and
unnecessarily lengthy.
As a general rule and leaving apart exceptions, one must avoid use of
synonyms and multiple words in place of single word. The basic idea to
avoid clutter of words is to be clear and simple.
f) Breaking up Long and Complex Sentences:

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Short sentences gives space to the reader to have pause and understand what
is written. A paragraph containing 3 to5 short sentence in a sequence then it
is enough. The new paragraph should be in line with the last paragraph. It
should have some linkage with the previously told facts. Continuity is
important
'Vigorous writing is concise. A sentence should contain no unnecessary
words, a paragraph no unnecessary sentences, for the same reason that a
drawing should have no unnecessary lines and a machine no unnecessary
parts. This requires not that the writer make all his sentences short, or that he
avoid all detail and treat his subjects only in outline, but that every word tell.
The word "concise" often takes colour from brevity or being short. It is not
brevity, but if s the context in which the document is being written and how
efficiently it conveys the meaning to the intended audience.
For e.g. judge in a legal matter may have a limited time for reading written
submission of the counsel and understanding the matter and extracting
required information for delivering the judgement. In a matter covered by an
earlier judgement, he may be more interested to know straightaway reference
to the earlier decide case law and throwing the entire legal history before
him would only make the conciseness of the document go awry. However, a
complex matter or idea may require long and detailed writing.
g) Connecting Sentences:
Use words economically to form your sentences. This does not necessarily
mean that every sentence should be short (which might create a displeasing
staccato effect) but that all unnecessary words should be removed: this will
make your writing much more vigorous.
In particular, pay attention to phrases that introduce new pieces of
information or argument these can often be reduced to single words. Here
are some examples:
commonly used phrase single word equivalent
be a significant factor in affect, influence
be in 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 and effect upon affect
have the effect of (in most contexts) cause
having regard to concerning
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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
make contact with contact
meet with meet
notwithstanding the fact that despite, although
the fact that delete phrase- replacement word
usually unnecessary
with regard to the question of concerning , regarding

Connectives are used in English Language for smooth transition from one
sentence to another and from one topic to another. Use of connectives is
important to showcase the reader that two things are connected and write-
up coming up is an extension of the previous one. Famous English Writer
Bryan Garner provided following examples of connectives:
When adding a point: also, and, inaddition, besides...
Whengiving an example:for instance, forexample,foronething.
Whenrestating: in other words,thatis,inshort,putdifferently,again...
Whenintroducing a cause:because, since, when.
Whenintroducingaresult: so,asa result, thus,therefore...
Whencontrasting: but,however,on theotherhand, stillnevertheless...
When conceding or qualifying: granted, of course, to be sure,
admittedly... When pressing a point: infact, indeed, of course, moreover.

When explaining a sentence: that is, then, earlier, previously...

When summing up: tosummarize, to sum up, to conclude, in short...
When sequencing ideas: First... Second, Third...F

h)Linking 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.

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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.

i) Use of Passive Voice:

Use of Active Voice makes the meaning of the sentence clear without
making the sentence longer. The sentence remains a crispy and short
without compromising anything on the meaning of the sentence. For e.g.

a) Useof PassiveVoice: Thecasewasargued bytheplaintiff himself. Use

of Active Voice: The plaintiff argued the case
b) Use of Passive Voice: Income Tax Return was filed by X. Use of
Active Voice: X filed the Income Tax Return.
c) UseofPassiveVoice: It must be done by you. Use of Active Voice:
You must do it.

The writer should use positive voice rather than the negative voice. Use
of positive voice makes the reader know what is rather than what is not.
Some of the examples are use of words like writer should use 'dishonest'
instead of 'not honest'; 'trivial' for 'not important'; 'forgot' rather than 'did
not remember.'

Use of double negatives should be avoided in legal writing. Use of double

negatives baffles the reader about what the writer is trying to
communicate. Instead of using the double negatives, positive word can be
used by the writer. For e.g. use of words 'common' instead of 'not
uncommon', 'significant' instead of 'not insignificant, use 'capable' instead
of'not incapable' etc. ,

j)Use of Symbols and Abbreviations:

Legal abbreviations are short-hand notations that represent larger legal

terms and law terms. An example of what is a legal abbreviation is P. for
the plaintiff in a case or D. for defendant. These are examples of what are
legal abbreviations. Another example of a legal abbreviation is off' d. for
affirmed or JNOV for a judgment notwithstanding a verdict. The idea is
to use a legal abbreviation to save you time as you review cases, take
notes, etc. Mastering legal abbreviations will help to increase your
efficiency.

Some of the commonly legal abbreviations are as below:

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 3. USE OF LANGUAGE IN DRAFTING

1. Use of Legal Language and its Significance in Drafts (Sale

Deed, Gift Deed, Release Deed, General Power of Attorney
and Will)
2. Use of Legal Language in Drafting in Legal Notices (Notice
to Tenant on behalf of Landlord and vice versa and Notice
to Husband on behalf of Wife and vice versa)

Introduction
There are several occasions when a person or an entity needs to take a
legal action against another person or an entity. The several occasions
can be consumer complaint, property dispute, check bounce, divorce,
eviction and many more. However, it is important for you to inform
the other person that you are going to initiate a legal action against
them. That is the reason, you send a legal notice to a person or an
entity.

What is a Legal Notice?

A Legal notice is a formal written document sent by a person or an
entity with respect to some grievance. It is sent as a warning to the
receiver that the one sending the notice have certain grievances which
are not properly taken care of by the receiver, although the receiver
has given enough opportunity to the receiver to resolve the problem. It
is like a final warning to the receiver that the sender is all prepared to
initiate a legal action and it is the final opportunity for the receiver to
resolve the issue in hand properly.

Importance of filing a Legal Notice

Certain situations may arise where you get confused about how to
initiate legal action in order to resolve your matter. The filing of a
legal notice gives a new beginning to your journey of litigation.
Therefore it has various aspects in which it is important:

 By sending legal notice it can give a clear intention on the part of the
sender to file a lawsuit for the purpose of resolving the issue to
which the other party might respond immediately to save oneself
from court proceedings.
 A person can easily describe his grievance in a legal notice with the
help of an Advocate.

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  Serving of legal notice gives an opportunity to the receiver of the
legal notice, that is, the opposite party to resolve the issue cordially.
 It acts as a reminder for the receiver of the legal notice about the acts
that have intentionally or unintentionally have created a problem for
the sender.

When to send a Legal Notice?

There are numerous reasons for which you can send a legal notice to a
person or an entity. However, the most common ones are:
 Disputes related to property such as mortgage, delayed possession
delivery by the builder, eviction of the tenant, the partition of
family property, etc.
 Notice to the employer for wrongful termination, unpaid salary,
violation of any right of the employee by the employer, etc.
 Notice to the employee for violation of the HR policies, sexual
harassment act at the workplace, leaving the job without handing
over the resignation letter, ; violation of any provision of the
employment agreement, etc.
 Notice to a company manufacturing or providing service of faulty
products, faulty services, false advertisement, etc.
 Notice in the case of cheque bounce to the issuer of the cheque.
 Notice in case of personal conflicts such as divorce, maintenance,
child custody, etc.
Essentials of Section 80 of Code of Civil Procedure, 1908
1. Name, description, and place of residence of the sender of the
notice.
2. Statement of cause of action.
3. The relief claimed by the sender of the notice.
4. Summary of the legal basis for the relief claimed.
Is serving of Legal Notice mandatory?
As per Section 80 of the Code of Civil Procedure, 1908 it is mandatory to
serve a legal notice before the filing of a suit if the opposite party is
Government or Public officer. But, in practicality, it is seen that
Advocates serve legal notice before the filing of all the civil cases.
However, it is not mandatory to serve a legal notice in all civil cases
except in case of the filing of a suit against Government or Public officer
but formally it is been sent by the party intending to sue.

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The reason behind this is to bring it to the knowledge of the opposite
party that the sender of notice is making the last effort to settle the matter
in hand. Also, it gives a credibility to the story of the sender as it
expressly states all the liabilities of the receiver.
How to draft a Legal Notice?
A legal notice is essentially a notice sent by an advocate on the behalf of
his/her client. it is not mandatory for a person to send a legal notice
through an advocate, he/she can id a legal notice on his/her own accord
without the assistance of an advocate.
It is not even mandatory to send a legal notice as there is no specific
provision/enactments of law that make it mandatory to issue a legal
notice before filing a suit.
A legal notice is generally issued by an advocate on behalf of his/her
client for the purpose of soliciting a settlement. It is issued either to
accept the settlement or to reject it altogether in order to avail a civil suit
or legal remedies.
Demo Legal Notice
Step 1
Below is a sample letterhead of the advocate who is issuing the legal
notice. The letterhead is to be specific and proper, it has to have addresses
and contact details of the advocate. This aspect is very important as a
letterhead needs to be specific and clear so that the opposite party may
respond to the advocate in case they wish to contact the advocate. The
date on which the legal notice is issued and the name, address and contact
details of the person to whom the legal notice is issued is to be stated and
accordingly, the notice is to be commenced.
A legal notice could be sent through a Registered A.D. or through a
courier. There is no specific procedure to issue a legal notice. The notice
can also be personally tendered to the opposite party, as long as the
opposite party is willing to receive it and sign an acknowledgment of its
receipt. There is no compulsion to send a legal notice only through a
Registered A.D. or through a courier. The reason it is preferred to send it
through Registered A.D. is that the receiver acknowledges the receipt of
the notice on the Registered A.D. card which is then returned back to the
sender, therefore, it becomes a document of proof as it regards the
opposite party having received or receives the legal notice.
Now, getting into the notice the first paragraph should be "Under the
instruction of my client’s ___ residents of ___. I have to address you as

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under-". This is the system that is generally followed, but you can also
follow a different system.
For example- I am concerned for my client ________who is a resident of
______________andaccordingly, I have the privilege of addressing you
upon his/her instructions.

………….& ASSOCTATES
Advocates and legal ……………
office…………………
……………………….
……………………….

place…………….

REGISTERDAD A/D
To,
Mr…………………..
H.No. ………………..
………………………..
Sir/ Madam,
Under Instruction of my clients …………………residents of H.
No ………………Goa I have to address you as under.

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Step 2
Every paragraph in the notice is to be prefixed with the phrase "My
Clients state", This is a very good practice as the opposite party has to
know that the statements that are being stated in the notice are coming
directly from the client and that they are not created or fabricated by the
advocate. When this phrase is prefixed before every paragraph, the
opposite party understands that the client is instructing the advocate
specifically to state such statements in the notice and the opposite party
understands that whatever the advocate is saying is based upon the
client's instruction so that the reputation of the advocate is not tarnished
in front of the opposite party and helps in inviting the settlement.
The notice that is being provided here is a notice that is been issued by
the landlord to the tenant for the purpose of recovery of rent, that is, the
tenant has defaulted in making the payment of rent, therefore, the
landlord is issuing a statutory notice to the tenant calling upon the tenant
to make payment of the rent of a specific period defaulting which the
landlord should be constrained to pursue civil remedies before the civil
courts.
You can see the contents of the notice below and know that how to draft a
legal notice and what language is to be used while drafting, but one thing
that you all need to keep in mind while drafting is that you have to always
prefix "My Clients state" before every statement of yours.

1. My clients state that you are in occupation of a structure, which is an extension to

the residential house belonging to my clients, on the Southernside, which is
surveyed under ChalanNo. …….. and …. of P.T. Sheet No. ……. in the Office of
that City Survey of ……………Goa, as tenants of my clients.
2. My clients state that you regularly paid rent amounting to Rs. ……… per month
and which was subsequently to an amount of Rs. …….. per month. My clients
farther state that the rent was being regularly handed over to the late wife of my
client Smt. ______ during her life time by you and no receipts of that rent to my
paid were issued, as you did not insist for the same
3. My clients states that after the demise of Smt. …………………… in the month of
May ……………. you have failed refused and neglected to pay the monthly rents
to my clients.
4. My clients state that the house presently in possession of my clients is insufficient
for them as one of my client Mr . …………… is married while other two some of
Shri. ……… intend to get married. My clients further states that as the House No.
………….. wherein my clients reside in insufficient for them. the part occupied
by you is requited for the b… .fide occupation of my clients

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5. My clients state that the rental arrears fallen due have amounted to Rs ………..
being monthly rents from
6. My clients therefore instructed me to issue a legal notice to you which I hereby
do, calling upon you to pay my client a sum of Rs. ……………… being rental
arrears which are due and payable by you willing 30 days of the receipt to this
notice. Your tenancy also stands terminated as the and of the statutory period and
you are hereby called upon to land over peaceful and vacant possession of the
demised premises to my client within 30 days of the receipt of this notice failing
which my client shall be constrained to file a suit for eviction against you under
the relevant provisions of the Goa, Daman & Diu Rent Control Act

Please note that the costs and caution of such amount initiated by my clients will
have to be home by you.

Yours faithfully

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Step 3
An important part of a notice is that you have to state that what you want
from the opposite party. What you want to convey to the opposite party is
always stated in the last paragraph. In the last paragraph, you
instruct/intimate the opposite party that the opposite party has to do so
and so within the specified period of time failing which the sender will be
constrained to avail the civil remedies.
In this notice, the time limit is an important aspect.You have to fix a
specific time limit within which the opposite party has to act, because if
the opposite party did not act within the specified time limit then it gives
you an excuse to pursue legal action, it givesyou a cause of action.
Therefore, a specified number of days has to be mentionedpreferably it
should be 30 days because it gives the opposite party ample time act and
respond to the notice or should he abide by or fullfill the contents of the
notice.
You can also frame the last paragraph differently, that is, if in the event
you are issuing the notice for the purpose of inviting a settlement than
you can always state in the last paragraph that you are hereby called upon
to settle the matter amicably or that you a, hereby called upon to meet me
in the office or something of that sort for the purpose of settlement which
is not always that you have to give the opposite party an ultimatum. You
can also ask/invite the opposite party for a settlement. It will not hamper
your recourse to the legal remedies in case the notice fails.

Step 4
Subsequently, you have to sign as an advocate. This part of the notice is
also very important, especially nowadays this part of the notice is an
invoke and in this, you have to clearly state that you are issuing the notice
under the instructions of your client and you have to obtain the signature
of your client. This would act as an estoppel as against your client from
saying that the notice was not directed to issue by him because quite often
this happens that if the advocate has faulted somewhere than the client
alleges against the advocate and file complaints even before the consumer
forum for deficiency in service. Therefore, if the signature of the client is
taken then it stops the client from saying that he did not read the contents
of the notice. If the client can't read English, then it would be good if the
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contents of the notice are being read and explained to the client in
whichever language he is comfortable with.

Best practices on sending legal notice

 One can draft a legal notice on their own, however, contacting a
lawyer is always a better option.
 Make sure the notice is drafted in lawyer's letter pad.
 Prefer colour printout of the notice where lawyer's logo, if any is
available,
 Always keep two copies of notice, one with you one with your
lawyer.
 Post the notice in an envelope having lawyer’s logo. Ask him to
provide the envelope.
 Client's and lawyer's signature is a must in the notice.

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 Legal Notice Format
ADVOCATE NAME
OFFICE ADDRESS
DESIGNATION

CONTACT NO.

Ref, No.____________
Dated:______________
REGISTERED A.D.
To,
1 –___________________
2- ___________________

SUBJECT: LEGAL NOTICE UNDER SECTION__OP___

ACT,______.
Dear Sirs,
Under instruction and on behalf of our client ___ son of ___, resident of
___, I dohereby serve upon you with the following notice under section _
of the ___ Act
1- That my client ______.
2-That since ______.
3-That on ______.
4- That my client filed a Demand Notice _______.
I therefore through this Notice call upon you ______.
A copy of this legal notice is retained in my office for further necessary
action.
ADVOCATE NAME

Conclusion:
A legal notice is a formal legal document that is being prepared by an
advocate for his client. Though it is not mandatory to send legal notice
before the filing of suit in all cases still it is considered as a very
important document in the course of any legal proceedings as in most of
the cases actual disputes or issues get resolved even without going to the
court of law with a mere serving of the notice. The efficiency of a legal
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notice also depends on the drafting skills of an advocate, how he drafts
the issues involved in a presentable manner for the receiver.
Importance of Legal Drafting Skills for Lawyers:
The legal profession swears by the maxim, "verbalVolant," which means
spoken words fly away, written words remain!
Drafting and legal writing skills aren't pivotal for a law student, lawyer or
judge. Did you notice the mistake in that sentence? Even the smallest
mistake can change the entire meaning of a sentence - an error in a legal
document can cost a client his case!
Haggard has said that "Drafting is one of the most intellectually
demanding of all lawyering skills. It requires a knowledge of the law, the
ability to deal with abstract concepts, investigative instincts, an
extraordinary degree of prescience, and organizational skills,"

Legal drafting skills begin with having a strong command over the
language. A lawyer must connect his words like pearls in a string! Legal
documents that are flawless and error-free, win half the case for a lawyer,

A well-drafted document is equivalent to a strong argument and can make

or break a case: A legal document, whether it is a contract, written
statement or an affidavit, serves two purposes- informing and engaging
both the client and the court about the legal issue. It becomes essential for
lawyers and judges to draft all legal documents with precision, to clearly
depict all essential facts as well as engage a layman to its content.

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 Legal Language and its Significance in Drafts (Sale Deed,
Gift Deed, Release Deed, General Power of Attorney and Will)

The use of legal language and its significance is as explained below:

a. Sale Deed:

This DEED OF ABSOLUTE SALE executed at on this the day

of,2004by s/o residing at|
Hereinafter called the VENDOR of the one part which expression shall
include his executors, administrators, legal representatives, successors
etc.
TO AND IN FAVOUR OF _________ w/o _____________ residing at
Hereinafter called the PURCHASER of the Other Part which expression
wherever the context so requires shall mean and include his heirs,
executors, administrators, legal representatives, successors etc.
WHEREAS the VENDOR herein has purchased the said property
more fully described in the Schedule hereunder from Thur.________in
and by sale deed dated ___and registered on ____as Document
No.____of (year) of Book 1 volume No,___filed at pages to____on the
file of the Sub Registrar of
WHEREAS the VENDOR herein has been in exclusive possession
and enjoyment of the property more fully described in the Schedule
hereunder with a constructed house thereon,which was constructed by
him with his self-earned funds, till date.
WHEREAS the VENDOR___ is the exclusive owner of the property
more fully described in the schedule hereunder and he has absolute right
to dispose of the same as in the manner he wishes;
AND WHEREAS the VENDOR is in need of funds in order to meet his
personal commitments and family expenses and has decided to sell the
property more fully described in the Schedule hereunder for a sum of Rs
_____/- (Rupees only) and the PURCHASER herein has also agreed
to purchase the same for the said price and to the effect they entered into
an agreement to sell dated.

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NOW THIS DEED OF SALE
THAT in pursuance of the aforesaid agreement and in consideration of a
sum of Rs. _____ (Rupees . _________ only) received by the VENDOR
in cash and the receipt of the said entire consideration of Rs.
_______________ (Rupees only), the VENDOR doth hereby admit,
acknowledge, acquit, release and discharge the VENDOR from making
further payment thereof and the VENDOR doth hereby sell, convey,
transfer, and assigns unto and to the use of the PURCHASER, the
property more fully described in the Schedule hereunder together with
the water ways, easements, advantages and appurtenances, and all estate,
rights, title and interest of the VENDOR to and upon the said property
TO HAVE AND TO HOLD the said property hereby conveyed unto the
PURCHASER absolutely and forever.
THE VENDORDOTH HEREBY COVENANT WITH THE
PURCHASER AS FOLLOWS:
1. That the property more fully described in the Schedule hereunder shall
be quietly and peacefully entered into and held and enjoyed by the
PURCHASER without any interference, interruption, or disturbance
from the VENDOR or any person claiming through or under him.
2. That the VENDORhas absolute right, title and full power to sell,
convey and transfer unto the PURCHASER by way of absolute sale and
that the VENDOR has not done anything or knowingly suffered anything
whereby his right and power to sell and convey to the PURCHASER the
property hereby conveyed.
3. That the property "is hot subjected to any encumbrances, mortgages,
charges, lien, attachments, claim, demand, acquisition proceedings by
Government or any kind whatsoever and should thereby and the
VENDOR shall discharge the same from and out of his own funds and
keep the PURCHASER indemnified.
4. That the VENDOR hereby declares with the PURCHASER that the
VENDOR has paid all the taxes, rates and other outgoings due to Local
bodies, revenue, urban and other authorities in respect of the property
more fully described in the Schedule hereunder up to the date of
execution of this sale deed and the PURCHASER shall bear and pay the
same hereafter. If any arrears are found due to the earlier period, the same
shall bedischarged by the VENDOR

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5. That the VENDOR has handed over the vacant possession of the
property more fully described in the Schedule hereunder to the
PURCHASERon and delivered the connected original title document in
respect of the schedule mentioned property hereby conveyed on the date
of execution of these presents.
6. That the VENDOR will at all times and at the cost of the
PURCHASER execute, register or cause to be done, all such acts and
deeds for perfecting the title to the PURCHASER in the property hereby
sold and conveyed herein.
7. That the VENDOR do hereby covenants and assures that the
PURCHASER --_; to have mutation of his name in all public records,
local body and also obtain pitta in the name of the PURCHASER and
undertakes to execute any deed in this respect.
SCHEDULE OF PROPERTY
The Market Value of the Property is Rs.
In witness where of the VENDOR and the PURCHASER have set their
signatures on the day month and year first above written.
Witnesses:

VENDOR

1)
2) THE PURCHASER

Drafted by:

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b. Gift Deed:

DEED OF GIFT OF MOVABLE AND IMMOVABLE PROPERTY

THIS DEED OF GIFT is made this ............day of
..............20... Between ABS/O...................R/O...............(herein after
called the Donor ) of the one part and CD S/o
...........R/o........ (Herein after called the Donee ) of the other part.
WHEREAS the Donor in consideration of natural love and affection
towards the Donee hereby declare and confirm to give the Donee freely
and voluntarily , absolutely and forever the several movable properties
and the absolute owner in possession of the lands, tenements,
hereditaments and premises herein after fully mentioned and described in
the Schedules herein under with all beneficial interest therein and
delivered possession thereof simultaneously with a view to divest himself
of all ownership and pass title thereof unto and favour of the Donee to all
intents and purposes and that the Donee hereby declare that the Donee
accepts the gift as aforesaid and took into possession and control of the
same.
Usual covenants as in a sale deed and that the Donee accepts the gift of
the said property hereunder made as testified by the Donee being a party
hereto and executing these presents .The estimated value of the
immovable property is Rs............
SCHEDULE OF THE MOVABLE PROPERTY
Sr Description Valuation Remark no ,
ifany
SCHEDULE OF THE MOVABLE PROPERTY
AtGatNo..............Surveyno..........Village
........Tal..........District.....Area..............AtEast........At West.......At
South........
At North........IN WITNESS WHEREOF THE Donor Has executed these
presents and theDonee has accepted the gift on the day, month and year
above written
Witness Sd/-
1.................. Donor
2.................. Sd/ Donee

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c. Release Deed:-
RELEASE DEED
This DEED OF RELEASE executed on this the day of - , 2004
by s/o residing at
Hereinafter referred to as theRELEASORS ofthe One Part;
TO AND IN FAVOUR OF
S/o residing at
Hereinafter referred to as the RELEASEE of the Other Part;
The term RELEASORS and RELEASEE shall mean and include
their heirs, executors, legal representatives and assigns.
WHEREAS the property measuring an extent of sq.ft and
building thereon situated in Door No. Road in Village, in
GramaNatham Survey No. and within the limits of Taluk, District
was acquired by Thiru , the father of the Releaser and the
Release herein in and by sale deed dated from Thiru. and
registered as Document No. of of Book 1 volume filed at pages to
on the file of the Sub Registrar of
WHEREAS the father of the Releaser and the Release died
intestate on leaving behind the Releaser and Release as his class 1 legal
heirs.
WHEREAS the property morefully describedin the
Schedulehereunder is one of indivisible and it has been agreed by the
Releaser to release his undivided half right in the property hi favour of
the Release and theRelease has also accepted for the same.
NOW THIS DEED OF RELEASE WITNESSETH AS FOLLOWS;
THAT the RELEASOR in consideration of receipt of a sum of Rs. /-
(Rupees Only) from the RELEASEE herein has released and
relinquished his undivided half right in the property more fully described
in the Schedule hereunder in favour of the RELEASEE herein.
THATthe RELEASORhereafter do not have any right, title, interest over
the schedule mentioned property and theRELEASEE hereafter enjoy the
same absolutely with full right, title and interest over the property more
fully described in the schedule hereunder.

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THAT the RELEASOR covenant and undertake to execute any further
documents that may be necessary for assuring the title in favour of the
RELEASEE herein in respect of the property more fully described in the
Schedule hereunder at the cost of the RELEASEE.

SCHEDULE OF PROPERTY

Value of the Claim hereby released is Rs.

In Witness Whereof the RELEASORS have set their hands and
Signatures on the day, month and year first above written in the presence of

WITNESSES: RELEASOR

1.
2.

Drafted by:

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d. General Power of Attorney:

THIS GENERAL POWER OF ATTORNEY executed on the _________

day of ___________Two Thousand:

BY : [Name/s]

IN FAVOUR OF : [Name/s]

WITNESSES AS FOLLOWS:
I. WHEREAS I am the absolute Owner of all that Property [Details]
more fully described in the Schedule below and hereinafter referred
to as the "SCHEDULE PROPERTY";

II. WHEREAS I deem it necessary to appoint Agents and Attorneys to

carry out certain acts in connection with the management and
disposal of the Schedule Property;

III. NOW KNOW ALL MEN BY THESE PRESENTS

THAT, I _______________ above named, do hereby nominate,
constitute andappoint (1) MR. and (2) MR. above named, as my
true and lawful Attorneys, in our name and on our behalf, to do
either jointly or severally, all or any of the following acts, deeds
and things, in regard to the Schedule Property:

a) to manage the Schedule Property and pay all taxes, rates and
cesses, charges, fines and other levies in regard to the Schedule
Property and obtain receipts and discharges;

b) to appear for and represent us before all Government, Statutory,

Local, Revenue, Tax and other Authorities as also Courts and
Tribunals in regard to the Schedule Property;

c) to submit applications and affidavits, statements, returns to the

Government and/or any other Statutory Authorities concerned to

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 Obtain necessary clearances, exemptions, sanctions and
permissions required under any Act/ Law;
d) to enter into agreement/s for sale of the Schedule Property and to
sell and convey the Schedule Property and execute Deed of Sale in
favour of purchaser/s; and do everything necessary for completing
the conveyance and registration of such Sale Deeds; and to sign all
Forms, Affidavits, applications in that behalf;

e) to receive the sale consideration, advances, earnest money deposits,

part payments and balance payments in regard to the sale of the
Schedule Property and issue receipts and acknowledgements
therefor;

f) to apply for and obtain all clearance certificate/s and/ or no

objections required from the concerned Authority;

g) to apply for and obtain necessary clearances, permissions and

consents required in connection with sale of the Schedule Property;

h) to represent me before all Government, Statutory, local and other

Authorities as also Courts and Tribunals;

i) to initiate, prosecute and defend all arbitration, legal, Revenue, tax

and other proceedings relating to the Schedule Property and in that
behalf, engage the services of legal and tax practitioners, instruct
them and remunerate them;

j) to sign and execute pleadings, applications, petitions, affidavits,

declarations, memoranda of appeal, Revision and Review, Returns
and other papers/documents and to receive and accept service of
processes, Notices, Orders and acknowledge them;

k) to settle, compromise, compound, withdraw any Suit/ proceeding

relating to Schedule Property and obtain return thereof; and to do
all things and be in charge of conduct of such or proceeding;

l) to pay all rates, taxes and cesses and obtain receipts therefor;

m) and generally to do all other acts, deeds and things necessary in

regard to disposal of the Schedule Property;

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I HEREBY AUTHORISE my said Attorneys to delegate all or any of the
aforesaid powers to anyone else;
I HEREBY AGREE AND UNDERTAKE TO RATIFY AND CONFIRM
all and whatsoever my said Attorneys may lawfully do pursuant to this
Power of Attorney;
SCHEDULE
[Details]

IN WITNESS WHEREOF we have executed this POWER OF

ATTORNEY in the presence of the Witnesses attesting hereunder:

WITNESSES EXECUTANTE
1)
2)

[Note: Format only to be modified to suit the transaction/ authority

sought to be given]

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e. Will:
Important points to be considered for preparing a Will in India:
1. As per Sec 5 of Indian Succession Act, 1925: A Will is a legal declaration
of the intention of a testator with respect to his property, which he desires
to be carried out after his death.
2. As per S. 59 of ISA, any person who is not a minor and is of sound mind
can make aWill.
3. As per S. 74 of ISA, a Will need not contain any technical word. Plain
simple language is enough but it must be clear and unambiguous.
4. Will is of two kinds-
1. Privileged - Made by special class of persons such as soldier at
war). It need not be attested.
2. Unprivileged - Made by ordinary persons. Must be signed and
attested by two persons.
5. A person can make a Will anytime and any number of times. The most
recent Will is the one that takes effect explicitlycancelling the previous
Will is not required.
6. Registration of a Will is not necessary but is recommended. ~
7. Format of a Will
1. Heading
2. Properties - their description and the beneficiaries
3. Name any sole beneficiary or universal legatee
4. Name the executor
5. Closing .
6. Signature and attestation

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Sample Will Deed:

I, ..............................s/o .....................r/o....... age ........yrs. execute this

will with a freeconsent and sound mind . I am the sole owner of the
properties mentioned in Schedule I annexed with this will and 1 hereby
declare that all those properties are myself acquired properties and I have
,therefore full authority to bequest them by this instrument. I hereby
bequest the properties mentioned in Schedule II, Schedule HI and
Schedule IV respectively to my wife Smt...... to my elder son.„.....& to
my younger son ......... Theproperties hereby bequeathed shall be held by
the respective persons on my death with full authority to dispose them of
in any manner they like. I hereby appoint my elder son, (name) as the sole
executor of this will.
I hereby declare that this is the last and one will of my own. In witness
whereof I, ............have signed this will on the .......day of.........month &
year in the presence ofShri.............s/o........and Shri........s/o/........r/o.....
have witnessed the execution of this
will and attested the same in my presence.

TESTATOR
s/d
Witness
1................................ s/d
2.................................s/d

SCHEDULE-I
[List of properties of Testator)

SCHEDULE-II

(Properties bequeathed to Smt ...............wife of Testator)

SCHEDULE-III

(Properties bequeathed to Shri ............ ...the first son of Testator)

SCHEDULE-IV
(Properties bequeathed to Shri ...... ......second son of the Testator)

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 MEDICAL CERTIFICATE

I ,Dr......................do hereby certify that the physical and mental

condition ofMr...................... is normal on this... ......day and
............month & year.

Q. 2 Use of Legal Language in Drafting in Legal Notices [Notice to

Tenant on behalf of Landlord and vice versa and Notice to Husband on
behalf of Wife and vice versa)

Ans.2 Use of Legal Language in Drafting in Legal Notices is as

illustrated below:
a. Notice to Tenant on behalf of Landlord and vice versa:
Registered A.D.
AB
Advocate, High Court
Date ……………………..
Shri . …………………….
…….……………………..
Dear Sir,
Under instructions from my client Smt. X wife of Shri
....................residentof...................................owner of the house bearing
No. ..............................................
I hereby give you notice that the lease deed dated ......................... made
between myclient of the ONE PART and you on the OTHER PART in
respect of premises No. ......................................... (Hereinafterreferred to
as demised premises), has expired byefflux of time on the ..............dayof
................ 2000, and I hereby call upon you to quit,vacate and deliver
quiet and peaceful possession of the demised premises on or before the
......... .............. day of ....................... 2000, failing which my client will
file a suitagainst you for recovery of possession of the demised premises
and for damages, which may be sustained by her by reason of your
willfully retaining possession thereof and for breach by you of the
covenants contained in the lease deed.
Yours faithfully
AB
Advocate

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b. Notice to Husband on behalf of Wife and vice versa:

Lawyer's Name Address Line 1

ADVOCATE Address Line 2
Phone No.
City

Dated:
To
NOT1CE(BY REGISTERED A.D.)
Smt.
C/0 Shri X...........Y.......Z.
Address
Address

Madam,
Under instructions from and on behalf of my client, Shri ABC, Address
Line1, Address Line 2, I have to address you as follows:

1. That you are a legally wedded wife of my client, your marriage

having been solemnised at Surat on 31st December 200…
according to Hindu religion, vaidic rites and ceremonies.

2. That after your marriage to my client, you resided and cohabited

with my client for about one and a half years, in the beginning at
Mumbai and lastly at Pune.

3. That out of the said wedlock, you have begotten a daughter named
Buzy, on....

4. That during the period of your cohabitation with my client, you

were always in the habit of going away from my client and staying
with your parents against the wish of my client and at your own
sweet will.
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5. That during the said period of cohabitation, you always insisted
upon my client that he should live apart from the other members of
his family, and you also used to detest not only the parents of my
client and the other members of his family, but also my client in
person, and such an attitude on your part was antisocial and
inhumane, too.

6. That on......... when your uncle had come to Pune, you left the
house of my clientunder the pretext of attending the betrothal
ceremony of your cousin, and at that time, you had put on your
person all the gold and other ornaments and jewellery of the family
of my client.

7. That while leaving the house of my client, you also told my client
and his parents that you would return back within a couple of days,
and you had accordingly asked the mother of my client to let the
baby with the family of my client, and when you did not turn up to
Pune for about a fortnight, my client and his parents came to a tacit
conclusion that on..... Itself, you had in mind your ulterior motive
to leave the company and society of my client and never to resume
cohabitation anytime thereafter, and leaving a nine-month old baby
at the mercy of nobody,it was cruelty on the part of your
motherhood, and by such an act, you have brought not only a bad
name to the whole of your clan but also cursed the womanhood, as
a whole.

8. That my client has no words to describe such very indifferent

attitude and nature on your part, which is simply disgusting.

9. That since the time you have left the company and society of my
client and the young baby, my client, his parents and relatives
made all possible and sincere efforts to bring you back for
cohabitation with my client, but you have paid no respect to your
own conjugal relationship with my client, and it appears that after
passing all these days away from my client and the young innocent
soul, you have been careless and indifferent towards the
domesticity of my client, and my client, while bringing up the child
and looking after her welfare and health, has lost all his hopes to
have a wise thought on your part for resuming cohabitation with
him.

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10. That my client my client also further says that the act of leaving the
society of my client without any reasonable ground amounts to
cruelty and desertion, which is illegal on your part, and you are
really answerable for the same.

11. That taking into consideration the very delicate relationship

between my client and yourself and also giving a second thought to
the future of the baby, my client does hereby call upon you to
resume cohabitation with him WITHIN TEN DAYS from the
receipt hereof, failing which my client shall take it for granted that
you are no more sincere and interested in cohabitation with my
client, and my client would then be constrained to take against you
an appropriate legal action including filing a petition, for divorce
and recovering from you gold ornaments and jewellery, and in that
event, you shall have to thank none but yourself for all the faults
and follies on your part alone, which please note.

Yours faithfully,
(Lawyer's Name)
ADVOCATE

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 4. ADVOCACY SKILLS

1. Meaning of Advocacy
2. Advocacy as an Art
3. Qualities of Lawyers (Good voice, command of words,
confidence, practical wisdom, etc.]
4. Use of Rhetoric- Figures of Speech (Euphemism,
Hyperbole, Irony, Metaphor, Paradox, Simile,
Synecdoche and Understatement)
5. Etiquettes and Manners for Law Professionals
6. Client Counselling and Interviewing

Meaning of Advocacy

Advocacy is defined as any action that speaks in favour of, recommends,

argues for a cause, supports or defends, or pleads on behalf of others.
This fact sheet offers a look at how advocacy is defined, what kinds of
activities comprise advocacy work, and what kinds of advocacy projects
several tax-exempt groups are currently leading.
Advocacy in all its forms seeks to ensure that people, particularly those
who are most vulnerable in society, are able to:
 Have their voice heard on issues that are important to them.
 Defend and safeguard their rights.
 Have their views and wishes genuinely considered when decisions are
being made about their lives.
Advocacy is a process of supporting and enabling people to:
 Express their views and concerns.
 Access information and services.
 Defend and promote their rights and responsibilities.
 Explore choices and options
An advocate is someone who provides advocacy support when you need it.
An advocate might help you access information you need or go with you to
meetings or interviews, in a supportive role. You may want your advocate to

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write letters on your behalf, or speak for you in situations where you don't
feel able to speak for yourself.
Our advocates will spend time with you to get to know your views and
wishes and work closely to the Advocacy Code of Practice. ; Advocacy can
be helpful in all kinds of situations where you:
 Find it difficult to make your views known.
 Need other people listen to you and take your views into account.
Independence
People you know such as friends and family or health or social care staff,
can all be supportive and helpful - but it may be difficult for them if you
want to do something they disagree with.
Health and social services staff have a 'duty of care' to the people they
work with. This means they may feel unable to support a person to do
anything that they don't believe is in a person's best interests.
But an advocate is independent and will represent your wishes without
judging you or giving you their personal opinion. We believe that you are
the expert on your life and it is your view of what you wish to happen that
our advocates will act upon.
Confidentiality
All information and communications between you and seep Advocacy
will remain confidential unless you tell us something which leads us to
believe you or someone else may be at risk of serious harm or abuse, or
assisting a serious criminal offence - or if there is a court order for
disclosure.
Advocacy is an art because of the following points:
Issues of law involve taking a large quantity of data, sifting the relevant
from the irrelevant, and applying pre-existing rules to the relevant data to
achieve an answer.

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 There's plenty of scope for intuition and creative thinking, within the
confines of the rules. We can say that makes it a science.
Advocacy is a part of the legal process, but it's not strictly "law". As they
say, an advocate is a performer, usually a more subtle one than those
portrayed on stage on screen. In that sense, Advocacy is an art
The two aren't mutually exclusive. Some good lawyers are excellent
advocates too, but there are many fine lawyers who are indifferent
advocates (and, to a lesser extent, vice versa)
Not everything can be categorized as either science or art. The law is
neither, it is a social construct, a system of rules intended to be put into
use to benefit a society.
According to the strict technical definitions of both art and science, many
things do not fall strictly within either. It is a common choice of phrase to
say, "The art and science of xyz..." which simply implies that many
things have rules and systems as a part of them as well as subjective areas
of judgement It shouldn't be taken literally.
The law is logical and systematic, and it can use science in the
establishment of proof.
In a courtroom, particularly in jury cases the law can be applied
creatively, and a good lawyer often puts on a theatrical performance of
sorts (although rarely in as exaggerated fashion as in film or TV dramas.)
Law is an incredibly important thing: the formal subset of the rules that
help societies achieve civilization.

Essential qualities for a Lawyers (Good voice

Command of words, confidence, practical wisdom, etc.)

a. Good voice:
Lawyers must be orally articulate, have good written communication
skills and also be good listeners. In order to argue convincingly in the
courtroom before juries and judges, good public speaking skills are
essential. Communication and speaking skills can be developed during
your studies by taking part in activities such as mooting or general public
speaking.
For lawyers in private practice, being a good speaker is vital. A
prospective litigator must develop the art of modulating his/her voice as
per the demand of the situation to emerge successful. Oratory skills

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matter the most for a lawyer. A lawyer's capital is her speech. The gift of
the gab is a pre-requisite for a successful career in law
b. Command of words:
Lawyers must also be able to write clearly, persuasively and concisely, as
they must produce a variety of legal documents. But it's not all about
projection. To be able to analyse what clients tell them or follow a
complex testimony, a lawyer must have good listening skills.
Command over the language too matters a lot. A lot of people ignore this,
but I believe being articulate is just as important as anything else to be a
successful lawyer.
A lawyer need to be able to express himself efficiently and lucidly to do
well at the court
c.Confidence:
Confidence is the first and a lot of times the only thing that makes a
difference in a lawyer's life! I have often been told in law school that no
matter what happens while arguing, you ought to be so confident that the
judge should consider your view despite holding an opposite one!
d. Practical wisdom:
Becoming a successful lawyer requires a different kind of intelligence!
You see in any other field, you learn a principle and you apply it. In law
though, learning a principle is just the first step. The application isn't
done by the lawyers. The application is done by the government.
The lawyer's aim to find a loophole in the law and convince a judge about
it! Takes a different kind of shrewd intelligence to be good at this!
Clients need the empathy, perspective and personal connection of their
lawyers to feel whole and satisfied where colleagues need engagement,
respect and understanding to be their best.
e. Other essential qualities:

i. Financial literacy Almost every client and every case involves

money in some way, and every lawyer in, private practice is
running a business of one size or another. Financial literacy
becomes essential in such a scenario.
ii. Technological affinity: It has become one of the basic qualities of
a lawyer these days. If a person cannot efficiently use e-mail,
access the Internet, work with instant messaging, Adobe Acrobat
and the like, clients and colleagues will pass you by.
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 iii. Time managementTo achieve and meet deadlines, whether it is in
corporate or litigation practice, time management is very essential.
An effective lawyer is one who knows how to manage time.
iv. The 3As - Attitude, Aptitude and Analytics. These qualities make a
lawyer expert in analysing the legal problems and arriving at
calculated conclusions.
v. Perseverance: During initial years a fresh law school graduate
may face harsh working hours but one must be patient and focus on
deserving instead of desiring.
vi. Team work; Lawyers who collaborate well possess the ability to
identify and bring out the best others have to offer, submerging
their own positions and egos where necessary in order to reach the
optimal client outcome.Networkingiskey so get good at ease in
crowd and making small talk.
vii. Precision:
Law is a discipline which demands Precision. And that will be
your life's ally! Tobe precise matters most in law for a full stop or a
comma can make a bigdifference. No matter what you do,
precision will aid you and in the end, it willimmensely satisfy you.
viii. Judgement:
The ability to draw reasonable, logical conclusions or assumptions
from limited information is essential as a lawyer.
You must also be able to consider these judgements critically, so that
you can anticipate potential areas of weakness in your argument that
must be fortifiedagainst.
Similarly, you must be able to spot points of weakness in an
oppositions argument Decisiveness is also a part of judgement. There
will be a lot of important judgement calls to make and little time for
sitting on the fence.

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 Use of Rhetoric- Figures of Speech (Euphemism,
Hyperbole, Irony, Metaphor, Paradox, Simile, Synecdoche and
Understatement)

FIGURES OF SPEECH
We use figures of speech in "figurative language" to add colour and
interest, and to awaken the imagination.
Figurative language is everywhere, from classical works like Shakespeare
or the Bible, to everyday speech, pop music and television commercials.
It makes the reader or listener use their imagination and understand much
more than the plain words.
Figurative language is the opposite of literal language.
Literal language means exactly what it says.
Figurative language means something different to (and usually more
than] what it says on the surface:
EXAMPLE
 He ran fast.(literal)
 He ran like the wind, (figurative)
 Here "like the wind" is a figure of speech (in this case, a simile).

In some respects, they are the foundation of communication.

Figures of Speech are a set of tools essential for all writers.
Conveying a complex idea can be virtually impossible without an
IMAGE or analogy.
FIGURES of SPEECH serve two roles:

(A) DECORATION:
We all love to decorate our home.
What would your home be like without them?
They give beauty and variety to what we wish to show
Same way- 'Figures of Speech' are decorations we use for our
writing. Without them our writing would be boring.

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 (B) CLARITY:
A complex subject can best be conveyed imaginatively and
captivatingly

The purpose of learning Figures of Speech is to make you aware, as

writers, of the power and degrees of choice you have when using it in
English.

Commonly used FIGURES OF SPEECH:

1. SIMILE:
A Simile shows a likeness or comparison between two objects or events.
A simile is usually introduced with the words- like, as, as. .......so.

Examples:
I. She is as pretty as a picture.
II. The story was as dull as ditch water. I
III. He is as sober as a judge.

2. METAPHOR:
A Metaphor is like a simile. Two objects are compared, without the
words 'as or like'. It is an implied simile.
Examples:
I. He was a lion in the battlefield
II. Variety is he spice of life
III. She was a tower of strength in their trouble.

CAUTION:THE METAPHOR needs to be used carefully.

THEREFORE, do not get too far-fetched; otherwise, the images you conjure
up may be confusing or foolish. Do not OVERUSE or sustain beyond the
point of interest. Avoid MIXED METAPHORS "He put his foot down with
a firm hand".

3. PERSONIFICATION:

In Personification non-living objects, abstract ideas or qualities are

spoken of as persons or human-beings.
Examples:
I. Necessity knows no law.
II. Hope springs eternal
III. Let the floods clap their hands.
IV. I kissed the hand of death.

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 NOTE- We frequently use personification - whether we know it or not -
when we describe
- a promising morning
- a treacherous sea
- a thankless task

4. APOSTROPHE:
An Apostrophe is a development of personification in which the writer
addresses absent or inanimate objects, concept or ideas as if they were
alive and could reply.
Examples:
I. "Fair daffodils, we weep to see you haste away so soon".
II. "0 wind, where have you been?"
IV. Lead, Kindly light, amid the encircling gloom.

5. OXYMORON:
An Oxymoron is when two terms or words are used together in a sentence
but they seem to contradict each-other. Oxymoron is a statement which,
on the surface, seems to contradict itself - a kind of crisp contradiction.
An oxymoron is a figure of speech that deliberately uses two differing
ideas. This contradiction creates a paradoxical image in the reader or
listener's mind that generates a new concept or meaning for the whole.
Examples:
I. Life is bitter sweet.
II. He is the wisest fool of them all.
III. He was condemned to a living death.

6. ANTITHESIS:
In Antithesis, one word or idea is set in direct contrast against another, far
emphasis. It is a combination of two words, phrases, clauses, or sentences
contrasted in meaning to offer a highlight to contrasting ideas. Antithesis
occurs when you place two different or opposite ideas near each other.

58 | P a g e
 Examples:
I. United we stand, divided we fall.
II. To err is human, to forgive is divine.
IV. We look for light, but all is darkness.

7. PUN:
Pun is a word or phrase used in two different senses. It is usually used in
plays where one word has two different meanings and is used to create
humor. Pun is a play of words - either their different meanings or upon
two different words sounding the same.
Humorous use of a word to suggest different meanings or of words of the
same sound and different meanings create humor and interest while
reading also.
Examples: -
I. A bicycle can't stand on its own because it is tootired.
II. A boy swallowed some coins and was taken to a hospital. His
grandmother phoned to ask how he was, a nurse said,'No changeyet.'
III. Truly, Sir, all that I live by is with the awl; Imeddle with no
tradesman’s matters, nor women's matters, but with awl.
IV. Is life worth living? That depends on the liver
V. A trade, sir, that, I hope, I may use with a safe conscience; which is,
n indeed,sir, amenderofbadsoles.

8. IRONY:
Irony is when one thing is said which means the exact opposite. With
irony the words used suggest the OPPOSITE of their literal meaning. The
effect of irony, however, can depend upon the tone of voice and the
context. It is humorous or lightly sarcastic mode of speech. Words are
used here to convey a meaning contrary to their literal meaning.

NOTE: AN IRONIC remark implies a double / dual view of things:

a. a literal meaning, and :
b. a different intention
Irony can be used to create amusement - unlike Sarcasm. When used to
taunt orridicule, Irony is called Sarcasm.

Examples:
I. Here under leave of Brutus and the rest, for Brutus is an honorable
man, so are
II. they all, all honorable men.
III. The fire station burned down last night.
IV. As soft as concrete
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 V. As clear as mud
VI. He was suspended for his little mishap.
VII. The homeless survived in their cardboard palaces.

9. Climax
Climax is a figure of speech which rises in steps like a ladder from
simple to more important.

Examples:
I. He came, he saw, he conquered.
II. He ran fast; He came first in the race; He was awarded a prize. HI.
III. Lost, broken, wrecked and dead within an hour.

10. ANTICLIMAX:
It is an arrangement of words in order of decreasing importance. Often, it
is used to ridicule.

Examples:
I. The soldier fights for glory, and a shilling a day.
II. She lost her husband, her children and her purse.
III. He is a great philosopher, a. Member of Parliament and plays golf
well.

11. HYPERBOLE-
Hyperbole is an exaggeration and things are made to appear greater or
lesser than they usually are. Hyperbole is a literary device often used in
poetry, and is frequently encountered in casual speech. Occasionally,
newspapers and other media use hyperbole when speaking of an accident,
to increase the impact of the story. No one imagines that a hyperbolic
statement is to be taken literally. It can also be termed as
OVERSTATEMENT. It may be used to evoke strong feelings or to create
a strong impression, but is not meant to be taken literally.

Examples:
I. The burglar ran as fast as lightning.
II. The professor's ideas are as old as the hills.
III. The troops were swifter than eagles and stronger than lions.
IV. Her brain is the size of a pea.
V. I have told you a million times not to lie!

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12. ALLITERATION:
Alliteration is a series of words that begin with the same letter.
Alliteration consists of the repetition of a sound or of a letter at the
beginning of two or more words.
Examples:
I. Dirty dogs dig in the dirt.
II. Cute cats cooking carrots.
HI. Some slimy snakes were slowly slithering. -.;
IV. Purple pandas painted pictures
V. White whales waiting in the water.

12. ONOMATOPOEIA:
Onomatopoeia is a figure of speech where a word is used to represent a
sound. When you name an action by imitating the sound associated with
it, this is known as. Onomatopoeia.Examples of onomatopoeia are also
commonly found in poems and nursery rhymes written for children.
Onomatopoeic words produce strong images that can both delight and
amuse kids when listening to their parents read poetry,some examples of
onomatopoeiapoemsfor children are BaaBlack Sheep and Old
Macdonald had afarm-

Examples:
Zip goes the jacket
“Zip" is an onomatopoeia word because it sounds like a jacket is zipping
up.
"Zip" is an example of onomatopoeia because it sounds like what it is.
When you zipup a zipper the sound the zipper makes sounds like a zipper.

Here are other onomatopoeia words:

Boom, bang, slash, slurp,
Gurgle, meow, and woof

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Essential etiquettes and manners for Law Professionals

In the legal profession, exercising good manners is essential for success.

Proper etiquette can help you land a job, get a promotion, and establish
excellent relationships with others. Part of being a professional is
knowing how to behave properly in the workplace.
What exactly is business etiquette? It is presenting yourself in such a way
that allows you to be taken seriously. This involves demonstrating that
you have the self-control necessary to be good at your job, have
knowledge of business situations, and have the ability to make others
comfortable around you. Lack of good business etiquette can causeyour
clients and co-workers to distrust your capabilities and your judgment.
Alarge part of business etiquette is conveying courtesy and respect for
others. Here are some basic rules of behavior that demonstrate courtesy
and respect.

1.Be on time.
When you arrive late to a meeting or appointment, you are wasting the
time of the people with whom you are meeting. This can lead to
resentment from fellow co-workers and clients.
Showing up to an appointment on time shows that you respect and value
the other person. It demonstrates that you are dedicated to your job and
interested in your work. Being on time shows you are committed to
keeping your word. Clients and co-workers learn to trust you and know
they can depend on you.

2. Dress appropriately.
Dressing inappropriately can be a distraction. It can also call into question
your judgment and ability to make good decisions.
No matter what legal position you hold, you are a representative of your
company or firm and you should dress accordingly. However, what is
considered appropriate will vary from firm to firm. Some firms may
expect you to dress formally, wearing suits most of the time. Other firms
may allow employees to dress more casually on days when clients are not
in the office. Find out what is acceptable in your firm and adhere to the
norm.

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3. Use simple manners.
Those good old-fashioned manners aren't old-fashioned after all "thank
you", asking for permission, offering unsolicited help, all of these good
manners will still take you a long way in the workplace. Simple
sometimes be forgotten in today's legal industry. Because of this, people
will notice if you consistently remember your manners. You can show
you’reverbally, as well as in an email. For instance, if you ask a co-
worker for help on a project, a thank-you email shows them you
appreciate their contribution. It also is a sign of respect.

4. Be a good listener.
We have all been involved in a conversation where it is evident the other
person is not truly listening to us. Maybe they are gazing off as you speak
or maybe they interrupt what you are saying to add their comments. As a
result, you probably did not think highly of them for their rude or
distracted behavior. Good listening skills can set you apart and let others
know you are engaged and interested.
It is very simple to be a good listener. Look the speaker in the eye rather
than gazing around the room. Allow the speaker to fully finish speaking
before responding. Don't rush the conversation or try to change the
subject Avoid constantly comparing the other person's experience to your
own. Continually inserting yourself and your experiences will be viewed
as self-centered.

5. Know how to give and receive business cards.

Exchanging business cards is a common occurrence for many legal
professionals. There are ways of giving and receiving cards that work
better for establishing a relationship and conveying respect.

Give business cards using discretion. Handing out multiple cards at a time
to one person may convey the message that your cards have little value.
Hand the card over with the print facing the receiver so they don't have to
turn it around to read it.

When receiving a card, thank the person handing you the card. Hold the
card in both hands. Look at the card and read it immediately when you
receive it. This shows you are interested in the person and their
information. If you glance at the card and then drop it in your pocket, it
may convey a lack of interest and appear rude.

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6. Avoid cell phone distractions.
Cell phones and devices are very much ingrained in the way we do
business today. However, there are still times when they can be
obstructive rather than productive. One of those times is in a meeting.
When in a meeting, you should turn your cell phone completely off. It's
not enough to turn it to vibrate mode. When your phone vibrates, it will
often still be heard by others. Reaching for your phone to silence the ring
or vibration is still a distraction, draws unwanted attention to yourself,
and disrupts the flow of the meeting.
If your telephone rings while you are speaking with others, resist the
temptation to look to see who it is. Silence it immediately. This signals to
the other person that they have your undivided attention and that your
conversation with them is important to you.

Good Etiquette is Good Business

Having good manners can give you an advantage in your career as a legal
professional. Practicing these simple rules will convey to people that you
are trustworthy, have good judgment and are an emotionally-intelligent
person. All of these traits will allow you to gain respect and build better
work relationships.

Principles of Client Counseling and Interviewing

Introduction:
Lawyers are problem solvers. Whether we are defending a huge
corporation in a multi-million dollar lawsuit or protecting the rights of a
single parent in a pro bono case, we are helping our clients work through
their problems.

Our success in helping our clients often depends on how effective we are
in developing a strong professional relationship with them. Strong
professional relationships build on trust, comfort, and communication.
Effective client interviewing and counseling can facilitate the
development of a strong professional relationship with our clients.

This article provides a brief summary of effective client interviewing and

counseling. The first section outlines the format for a general client
interview. The second section provides short descriptions for each part of
the client interview. The third section highlights some fundamental
counseling skills that may improve how effectively we interview and
counsel our clients.

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 I. Outline for the Client Interview
Listed below is an outline for the basic parts to a client interview. The
amount of time we spend on each part of the interview and the order of
each part may vary depending on our level of experience with client
interviews and the extent of information that we have available relating to
our clients' cases prior to our interviews.

A. Before the Interview: Administrative Items

B. Greetings
C. Roadmap for the Interview
D. Information Gathering: Listening to and Understanding the Client's
Story
E. Analyzing the Client's Problem
1) Applying the law or preparing a research strategy to find the law.
2) Discussion of potential solutions to the client's problems.
3) Identification of documents to review and further individuals to
interview.
F. Closing the Interview

II. The Client Interview: Descriptions and Illustrations

This section describes each part of the client interview. This section also
provides short examples for each part of the interview

A. Before the Interview: Administrative Items

As legal professionals, we have an ethical code that guides our practice.
Our clients need to be aware of confidentiality, potential conflicts of
interest, and any billing or payments associated with our possible
representation of them.

Many of us have client intake forms that describe and help lessen the
amount of time that we spend on these administrative items. We may
require our clients to fill out these forms before we have the client
interview. Nevertheless, it is always important to make sure that our
clients understand these administrative items and any other office policies
that may be related to our potential representation of them. We can cover
some of these initial administrative matters right after we greet our clients
and provide a roadmap of how the interview will proceed.

B.Greetings
We often hear about the importance of first impressions. If we have never
met with a 1 specific client before, the first few minutes of the client
interview may be particularlysignificant to establishing a strong

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professional relationship. A friendly greeting and some short small talk
can help place some anxious clients at ease.

C. Roadmap for the Interview

Some initial small talk at the start of the interview can help establish
rapport. Small talkcan also help us transition to a roadmap for the client
interview. The roadmap outlines for the client what to expect during the
interview.

D. Information Gathering: Listening to & Understanding the

Client's Story

After we have outlined how the interview will proceed, we should sit
quietly and listen to the client's story. We should try to limit close-ended
questions at first, so that our clients have more freedom to describe their
problems as they see their problems. If we immediately jump into specific
factual questions that we feel are most relevant to the legal issues in play
without fully hearing the clients' stories, we may miss a lot of. Significant
information from the clients. The clients may neglect to tell us facts that
are highly relevant to their cases. Our clients may feel that these facts are
not important, since we did not specifically ask about these questions at
the start. Alternatively, our clients may not trust us enough at this point to
disclose potentially embarrassing or negative facts.

During the information gathering portion of the interview, we can take

notes of any names, dates, and locations that might require a follow-up
clarification. We can seek clarification on this information when we
switch from open-ended questions that help clients tell their general
narratives to more close-ended questions that might help fill in some of
the details of the narratives.

While our clients are telling their narratives, we should utilize some basic
counseling skills to continue to help build rapport we can actively listen
to our clients.We can summarize our clients' stories. We can reflect on
the emotional context of our clients' stories. And, we can show empathy.
These counseling skills are more fully described in section III of this
article.

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 E. Analyzing the Client's Problem

After we have actively listened, and after we have worked on

understanding our clients' goals, values, and feelings, we can move to the
analysis portion of the interview during this part of the interview, we
begin to describe potential legal issues related to our clients' stories. We
may begin to propose potential solutions to our clients' problems and
discuss the risks and benefits related to these solutions. Finally, we may
begin to outline additional work that we may need to perform in order to
best represent our clients.

1. Applying the law or preparing a research strategy to find the

law.

Depending on the amount of information that we may have had on our

clients' cases prior to the interview, we may have conducted some initial
legal research to help us prepare for the interview. We may try to describe
some of the research and how the laws may apply to our clients' problems
during the analysis portion of the interview.

At this point, we may begin to frame our discussions around the clients'
potential legal issues. On the other hand, if we had little information on
the clients' cases prior to the interview, we may describe what type of
research we could perform to more appropriately identify the legal issues
related to our clients' problems.

2. Discussion of potential solutions to the client's problems:

After we have had an initial discussion on any potential legal issues

that may be related to our clients' problems, we may move forward and
begin a conversation on potential solutions related to the legal issues.

During this portion of the interview, we can begin discussions on

any legal rights and responsibilities related to our clients' problems. We
can describe any potential risks and benefits associated to a variety of
approaches to resolving our clients' problems, these approaches may
include legal and non-legal alternatives.

While we are providing our advice and counsel, we should be

cognizant of what the clients have told us with respect to their goals,
values, and expectations. We should ask our clients how the proposed
solutions to their problems match up with what they want to get out of
their case - financially, physically, and emotionally

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 3. Identification of documents to review and further individuals
to
Interview.

The analysis portion of the interview can provide an opportunity for us to

identify documents to review and further individuals to interview.

While we are discussing our research plan or legal strategy for our clients'
cases, we can create a list of documents that we would need to obtain and
review to further help analyze our clients' problems. We can discuss with
our clients what documents we expect them to provide to us and what
documents that we can locate ourselves. Likewise, we can use this
portion of the interview to let our clients know of other individuals that
we may want to speak to in order to get a better picture of our
clients'problems. We can seek clarification from our clients on any
contact information for these individuals during this portion of the
interview.

F. Closing the Interview

When we begin to conclude our interview, we want to thank our clients

for taking thetime to speak with us. We should remind our clients of what
the next steps will be inour representation of them. For example, we may
let our clients know that we are going to conduct some research on their
case and report to them in a letter. Likewise, we want to be clear with our
clients as to what we can expect them to do in the meantime.If our clients
need to get a specific document to us, we can remind them what
document.They need to provide and when we can expect to receive the
document. Finally, we can let our clients know of our availability for
further conversations or questions.

It is not necessary that we get everything that we wanted to get in

just oneinterview. With the rapport that we worked on building during the
interview, weshould feel comfortable reaching out to the clients if we
need additional informationfrom them or further clarification on some
facts. Therefore, we should not feelpressured to continue the interview
beyond the time that we have allotted for theinterview.

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III. Applying Basic Counseling Skills to Conduct an Effective Client
Interview

A client's level of education, sophistication, or familiarity with

attorneys may determine what counseling techniques may be most useful
to assist us in eliciting the information that we need to best serve our
clients.

For example, we may represent a General Counsel who is educated

and familiar withlawsuits or legal transactions. General Counsels
understand legal analysis andfrequently work with other attorneys to
identify the risks and benefits associated with alawsuit or legal
transaction. Indeed, the very purpose for a General Counsel position isto
help serve a company's legal department. For these particularly
sophisticated clients,the problems that they present to us may not be that
important or stressful to them. Assuch, the counseling techniques that we
utilize during interviews with sophisticatedclients may not be as
important to the overall effectiveness of the interview.

Nevertheless, for many other clients - particularly those clients who have
never met orworked with an attorney - this one legal problem that they
are facing may be the mostimportant and stressful part of their lives.
However small their legal problems mayseem to us, these clients may
carry their problems like a huge burden on their, shoulders. They may be
overcome with worry, and they may fear speaking to anattorney. These
anxieties may create roadblocks to the requisite information that weneed
to best represent our clients.

We can apply some basic counseling skills to help acquire the

information that we need v to help our clients. Some of these skills
include active listening, summarization, reflection, and empathy.

1. Active Listening

Clients appreciate when we are actively engaged in their interviews.

When we are actively listening, we allow our clients to tell their
narratives. We patiently listen to the 8 facts that help us identify the
"who", "what," "when", and "where" of our clients' problems. We also
listen for the clients' goals, values, and expectations. Finally, we listen for
any emotional context associated with the clients' narratives.
However, active listening can be quite difficult. It is hard to remove the
thoughts and feelings that we have related to our daily lives and be
genuinely present during our client interviews. It can be equally
challenging to eliminate any personal judgment and biases that we may
have about our clients or their problems, and simply attend to the legal
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 issues that are troubling them. Yet, we should strive to focus on our
clients when we interview them so that they feel comfortable telling us
their complete story.

2. Summarize the Client's Story

After we have allowed the clients to tell their stories, it is important
that we summarize what we heard so that we get accurate information.
Summarizing the clients' stories can further help build rapport by
showing that we have been paying attention to our clients while they
described their problems and reasons for seeking our assistance.

When we summarize the clients' stories, we transition from open-

ended questions to more close-ended questions. The close-ended
questions help us clarify any specific facts or concerns that may seem
unclear to us. The close-ended questions can also help us hone in on any
legal issues that may seem particularly relevant to the clients' stories.
Finally, the close-ended questions can help us better identify our clients'
goals and expectations with respect to our representation of them.

3. Reflect on any Emotional Context Attached to the Client's

Story
Summarizing the clients' stories helps build rapport by showing
that we are paying attention to our clients. We can further build rapport
by reflecting on any emotional cues that may be attached to the clients'
stories.

Reflection includes identifying the feelings and values that our clients
may express when they describe their problems. Another useful tool that
we can implement after reflection is silence. After we reflect on our
clients' emotions or values, we can maintain eye contact and allow the
clients to expand on our reflection. Often, our clients will fill the silence
with further elaboration on their problems. They may also begin to
identify potential solutions to their problems.

4. Empathy
Part of reflection includes our identification of our clients' feelings.
Empathy includes our understanding of our clients' feelings.

Empathy involves us trying to understand what our clients are

experiencing. We can better understand what our clients are going
through when we try to put ourselves in our clients' shoes. If we are better
able to understand what our clients are experiencing, then we can better
identify and understand how potential legal or non-legal solutions can
impact our clients' lives.

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III. Conclusion
We can better serve our clients when we establish the trust, comfort, and
communication that accompany a strong professional relationship.
Effective client interviewing and counseling can help facilitate the
development of a strong professional relationship with our clients.

Empathy does not mean sympathy. We do not need to feel sorry for our
clients to help understand what our clients are experiencing. Likewise, we
do not need to feel bad for our clients in order to still be supportive.

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 5. LEGAL REASONING ANDSKILLS OF
ARGUMENTS
1. Logic and Scope
a) Meaning of Logic and its Nature
b) Some Major Sources of Knowledge- a priori, evidence,
memory, observation, perception, reasoning and
testimony
c) Structure of Argument-Statements/Premises and
Conclusion
d) Methods of Reasoning- Deductive, Inductive and
Reasoning by analogy
e) Fact and Opinion
f) Truth and Validity
2. Syllogism.
a) Meaning of Syllogism
b) Rules of Syllogism
c) Types of Syllogism-Categorical, Conditional and
Disjunctive
3. Fallacy
a) Meaning and Reasons of Fallacy
b) Types of Fallacies-Faulty Cause, Sweeping
Generalization, Faulty Analogy, Anecdotal Fallacy,
Bifurcation (False Dilemma), Equivocation, Tautology,
Appeal to Popular Opinion and Association Fallacy
4. Application of Reasoning to Law - Facts of a Case and
provisions /Case Laws(Refer to
DahyabhaiChhaganbhaiThakker v. State ofGujarat, AIR 1964
SC 1563 for legal reasoning

Logic and its Scope

a) Meaning of Logic and its Nature

The word 'logic' is derived from the Greek word 'logos' which means
thought. Hence, etymologically logic is the science of thought or the
science that investigates the process of thinking. Thinking is the mental
act by means of which we acquire knowledge. Logic is a science because
it is the systematic study of all reasoning processes. It is therefore the
systematic study of the operations of human mind in its search for truth.

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 In spite of the differences in the definitions given by different logicians,
there is clear agreement about its subject matter namely the relationship
between reasoning and truth.

Let us examine the definition given by Creighton for a comprehensive

understanding of the nature and subject matter of logic. According to
him, Logic is the science, which deals with the operations of human mind
in its search for truth. This definition states three facts about logic. It is (i)
a science, (ii) concerned with the operations of the human mind and (iii)
concerned with the search for truth.

i. Logic is a science as it is a systematic and organized body of knowledge

about aparticular part of the universe namely human thought.
ii. Logic is concerned with aspecificpowerofhumanmindnamely
thinking/reasoning. Here 'thought' refers to both the processes and the
products of thinking.
iii. Creighton's phrase 'search for truth' indicates that truth is the goal or aim
oflogic. Truth may be either formal or material. Formal truth means
agreement ofthoughts among themselves. It consists in self-consistency
of ideas among.Themselves i.e., freedom of thought from contradiction.
E.g., 'Circular Square' is acontradiction in terms. It is formally false
because it is self-contradictory.However, a 'golden mountain' though not
materially real is formally true becausethe two ideas 'golden and
'mountain' are not contradictory to each other.

Copy and Cohen define the function of logic as 'the study of the methods
and principles used to distinguish correct from incorrect reasoning'. This
definition highlights the precise function of logic. It provides the
necessary rules and methods for evaluating the truth and falsity of
judgments. Scientific study in any field is based on correct reasoning and
hence logic is considered as the basic science of sciences.

The scope of logic as the science of sciences is implied in these

definitions. Its rules and principles are the fingerpost to truth in any area
of study- religion, philosophy or sciences. Yet, logic is not a positive
science like biology or sociology, it is precisely a normative and
regulative science. A positive science describes 'what is given' whereas a
normative science prescribes 'what ought to be'. Thus, logic is defined as
the normativestudy of human reasoning that provides the norms /
standards / ideals of correct thinking. Logic is a regulative science as its
main concern is to fix the precise rules and norms of evaluating correct
judgments and arguments.

Thus, it is crucial to scientific investigation and testing of hypotheses.

There has been much dispute on the question - Is logic a science or an
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art? Critics differ in their opinion as to whether logic is a science or an
art.

Logicians like Mansell and Thompson accept logic only as a science

while Aldrich and others consider logic only as an art. Mill and Whitely
recognize logic as both a science and an art we have already seen that it is
basically the science of reasoning. It is also true that a proper study of
logic will improve our reasoning skill and the ability to detect the errors
and lapses in judgments and arguments. Hence, learning logic certainly
involves training in making and analyzing arguments. It is therefore an art
also. Logic is an art because it is a practical science that guides us in the
'search for truth'.There is no doubt about the value of logic in the fields of
law and crime investigation, judges and lawyers are always keen on the
logical coherence of arguments in law courts.

Detectives and police officers apply the tools of logic to discover the
loopholes in crime investigation. A careful study of logic guards us
against the common errors in reasoning such as hasty generalization and
ambiguity. Thus, the study of logic guarantees training in detecting
fallacies in judgments and arguments. That is why we consider logic not
only as the science of reasoning but also as the art of argumentation.
Logic is the reliable guide in our search for truth because it recognizes
both the material and formal aspects of truth. Hence, it is divided into
formal logic and material logic. The portion of logic concerned with
formal truth is known as Deductive logic or Deduction and that which is
concerned with material truth is known as Induction or Inductive Logic.
The scope of logic in the search for truth is therefore all-inclusive.

b) Some Major Sources of Knowledge- a priori, evidence, memory,

Observation, perception, reasoning and testimony

c) Structure of Argument-Statements/Premises and Conclusion:

Basically, argument is a claim defended with reasons. It is composed of a
group of statements with one or more statements (premises] supporting
another statement (conclusion). A statement is a sentence declaring
something that can be true or false. In Critical Thinking, argument is an
act of presenting reasons to support individual's position or point of view.
It is not quarrel or dispute. Or simply, as Bassham's definition of an
argument: A claim defended with reasons.
- Non-arguments are descriptions, explanations & summaries, command,
etc.

The Main components in argument are (a) Premises, (b) Conclusion

-A simpleargument must have a conclusion and at least two premises.
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-Premises or propositions are statements that directly support the
conclusion.
- Conclusion is what an author or an individual wants me to believe,
accept or do.

Implicit conclusion & implicit premise;

- An implicit conclusion is when the conclusion is not stated outright and
the arguer assumes that you will know it. -An implicit premise is when
the premise is not stated outright and the arguer assumes that you will
know it

Roles of questions as conclusion and premise, interrogative and

rhetorical questions:

- This is the part I interested the most in this chapter because being able
to put questions inacertain ways,gives usadvantage andskill.

-When giving interrogative questions we want to find some information.

For instance: Q)who is your favorite lecturer? A) Mr. Muhammad Nizam.

- But when we give rhetorical questions we are trying to encourage

someone to agree or encourage them to act in same way. For example:
My friend, our group assignment is due this week. I have not received
your part. Your are going to send me by tomorrow before the deadline,
don't you?

- Lastly, Another interesting form of question is leading questions which

is used when trying to guide someone's answer in a certain direction or
trying to get them to say the things you want. This tactic widely used by
lawyers. For instance: Instead of asking a witness on the stand: "Where
were you on the night of September 5th, 2012?" The questioner would
say: "You were driving to Kuala Lumpur on the night of September 5th,
weren't you?"

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An example of an argument and its analysis:
"Bilingualism and multilingualism confer many benefits. Speakers of
more than onelanguage have better understanding of how languages are
structured because theycan compere across two different systems.
However, people who speak only onelanguage lack this essential point of
reference. In many cases, a second languagecan help people to have
better understanding and appreciation of their firstlanguage." (Taken from
an Article in The Star news magazine).

-This is an example of argument and its conclusion is in the first

sentence: Bilingualism and multilingualism confer many benefits. The
premises given are: 1) that speakers of more than one language have
better understanding ofhow languages are structured; 2) a second
language can help people to have betterunderstanding and appreciation of
their first language.

d) Methods of Reasoning- Deductive. Inductive andReasoning by

analogy;

Reasoning is the process of using existing knowledge to draw

conclusions, make predictions, or construct explanations. Three methods
of reasoning deductive, inductive, and adductive approaches.

a. Deductive reasoning: conclusion guaranteed:

Deductive reasoning starts with the assertion of a general rule and
proceeds from there to a guaranteed specific conclusion. Deductive
reasoning moves from the general rule to the specific application: In
deductive reasoning, if the original assertions are true, then the
conclusion must also be true. For example, math is deductive:

Ifx = 4
Andify = l
Then2x+y = 9

In this example, it is a logical necessity that 2x + y equals 9; 2x + y must

equal 9. As a matter of fact, formal, symbolic logic uses a language that
looks rather like the math equality above, complete with its own operators
and syntax. But a deductive syllogism (think of it as a plain-English
version of a math equality) can beexpressed in ordinary language:

If entropy (disorder) in a system will increase unless energy is expended,

And if my living room is a system,Then disorder will increase in my
living room unless I clean it In the syllogism above, the first two

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statements, the propositions or premises, lead logically to the third
statement, the conclusion.

Here is another example:

A medical technology ought to be funded if it has been used successfully
to treat patients. Adult stem cells are being used to treat patients
successfully in more than sixty-five new therapies. Adult stem cell
research and technology should be funded. A conclusion is sound (true)
or unsound (false), depending on the truth of the original premises (for
any premise may be true or false). At the same time, independent of the
truth or falsity of the premises, the deductive inference itself (the process
of "connecting the dots" from premise to conclusion) is either valid or
invalid. The inferential process can be valid even if the premise is false:

There is no such thing as drought in the West. California is in the West.

California need never make plans to deal with a drought

In the example above, though the inferential process itself is valid, the
conclusion is false because the premise, There is no such thing as drought
in the West, is false. A syllogism yields a false conclusion if either of its
propositions is false. A syllogism like this is particularly insidious
because it looks so very logical-it is, in fact, logical. But whether in error
or malice, if either of the propositions above is wrong, then a policy
decision based upon it (California need never make plans to deal with a
drought) probably would fail to serve the public interest.

Assuming the propositions are sound, the rather stern logic of deductive
reasoning can give you absolutely certain conclusions. However,
deductive reasoning cannot really increase human knowledge (it is
nonampliative) because the conclusions yielded by deductive reasoning
are tautologies-statements that are contained within the premises and
virtually self-evident. Therefore, while with deductive reasoning we can
make observations and expand implications, we cannot make predictions
about future or otherwise non-observed phenomena.

b. Inductive reasoning: conclusion merely likely:

Inductive reasoning begins with observations that are specific and limited
in scope, and proceeds to a generalized conclusion that is likely, but not
certain, in light of accumulated evidence. You could say that inductive
reasoning moves from the specific to the general. Much scientific
research is carried out by the inductive method: gathering evidence,
seeking patterns, and forming a hypothesis or theory to explain what is
seen.

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Conclusions reached by the inductive method are not logical necessities;
no amount of inductive evidence guarantees the conclusion. This is
because there is no way to know that all the possible evidence has been
gathered, and that there exists no further bit ofunobserved evidence that
might invalidate my hypothesis. Thus, while the newspapers I might
report the conclusions of scientific research as absolutes, scientific
literature itself uses more cautious language, the language of inductively
reached, probable conclusions:

What we have seen is the ability of these cells to feed the blood vessels of
tumors and to heal the blood vessels surrounding wounds. The findings
suggest that these adult stem cells may be an ideal source of cells for
clinical therapy. For example, we can envision the use of these stem cells
for therapies against cancer tumors [...].1

Because inductive conclusions are not logical necessities, inductive

arguments are not simply true. Rather, they are cogent: that is, the
evidence seems complete, relevant, and generally convincing, and the
conclusion is therefore probably true. Nor are inductive arguments simply
false; rather, they are not cogent.

It is an important difference from deductive reasoning that, while

inductive reasoning cannot yield an absolutely certain conclusion, it can
actually increase human knowledge (it is implicative). It can make
predictions about future events or as-yet unobserved phenomena.

For example, Albert Einstein observed the movement of a pocket

compass when he was five years old and became fascinated with the idea
that something invisible in the space around the compass needle was
causing it to move. This observation, combined with additional
observations (of moving trains, for example) and the results of logical and
mathematical tools (deduction), resulted in a rule that fit his observations
and could predict events that were as yet unobserved.

c. Adductive reasoning: taking your best shot:

Adductive reasoning typically begins with an incomplete set of
observations and proceeds to the likeliest possible explanation for the set.
Adductive reasoning yields the kind of daily decision-making that does
its best with the information at hand, which often is incomplete.
A medical diagnosis is an application of adductive reasoning: given this
set of symptoms, what is the diagnosis that would best explain most of
them? Likewise, when jurors hear evidence in a criminal case, they must
consider whether the prosecution or the defense has the best explanation
to cover all the points of evidence. While there may be no certainty about
their verdict, since there may exist additional evidence that was not
78 | P a g e
admitted in the case, they make their best guess based on what they
know.

While cogent inductive reasoning requires that the evidence that might
shed light on the subject be fairly complete, whether positive or negative,
adductive reasoning is characterized by lack of completeness, either in
the evidence, or in the.Explanation, or both. A patient may be
unconscious or fail to report every symptom, for example,resulting in
incomplete evidence, or a doctor may arrive at a diagnosis that fails to
explain several of the symptoms. Still, he must reach the best diagnosis
he can.

The adductive process can be creative, intuitive,and evenrevolutionary.

Einstein's work, for example, was not just inductive and deductive, but
involved a creative leap of imagination and visualization that scarcely
seemed warranted by the mere observation of moving trains and falling
elevators. In fact, so much of Einstein's work was done as a"thought
experiment" (for he never experimentally dropped elevators), that some
of his peers discredited it as too fanciful. Nevertheless, he appears to have
been right-until now his remarkable conclusions about space-time
continue to be verified experientially.

e)Fact and Opinion:

A fact is a statement that can be proven true or false. An opinion is an
expression of a person's feelings that cannot be proven. Opinions can be
based on facts or emotions and sometimes they are meant to deliberately
mislead others. Therefore, it is important to be aware of the author's
purpose and choice of language. Sometimes, the author lets the facts
speak for themselves.

The following is an example of a fact;

With fewer cars on the road, there would be less air pollution and traffic
noise; therefore, the use of mass transportation should be encouraged.
Sometimes the author may use descriptive language to appeal to your
emotions and sway your thinking.

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Thefollowing is an example of an opinion:
Do you like looking at a smoggy view from a congested highway? How
do you feel about fighting road hugs and bumper to bumper traffic every
day? Mass transportation is the solution to all these problems.

Emotional language is neither right nor wrong, but the way in which it.is
used can be positive or negative; it is up to you to make reasonable
judgment about the material you are reading and to draw your own
conclusion. Therefore, when you read, it is important to judge facts and
opinions carefully in order to come to the right conclusion. Ask yourself,
"are the facts reliable?" or "are the opinions based on the facts?" Once
you answer these questions, you may be on the right track for finding and
sticking to the facts; you be the judge.

f) Truth and Validity:

Truth and validity are two different notions. Truth is predicated of
propositions whereas validity is predicated of arguments. Propositions are
either true or false.

Deductive arguments are either valid or invalid. We have noted earlier

that a deductive argument claims to provide conclusive proof for its
conclusion.

A deductive argument is valid if and only if the premises provide

conclusive proof for its conclusion. This notion of validity of deductive
argument can also be expressed ineither of the following two ways.

i. If the premises of a valid argument are all true, then its conclusion
must also be true.
ii. It is impossible for the conclusion of a valid argument to be false
while its premises are true.

Any deductive argument that is not valid is called invalid. So, a deductive
argument is invalid if its preemies are all true but the conclusion is false.
Note that in some cases, even if the premises and the conclusion are all
true yet the argument may be invalid. In all cases invalid arguments some
of our rules of inference are violated.

The above remark on deductive validity shows the connection between

validity of an argument and the truth or falsity of its premises and
conclusion. But the connection is r, not a simple one. Of the eight
possible combinations of truth or falsity of premises and the conclusion
and validity or invalidity of arguments, only one is completely ruled out.

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The only thing that cannot happen is that the premises are all true, the
conclusion is false and the argument is deductively valid.

Given below are the other seven combinations of true and false premises
andconclusion with example;

(i) There are valid arguments whose premises as well as the conclusions
are all true. Example:
All men an mortal.
All kings are men.
Therefore, all kings are mortal.

(ii) There are valid arguments whose premises as well as the conclusions
are all false. Example:
All cats are six-legged.
All dogs are cats.
Therefore, all dogs are six-legged,

(iii) There are valid arguments where the premises are all false but the
conclusion istrue.
Example:
All fishes are mammals.
All whales are fishes.
Therefore, all whales are mammals.

(iv) An argument may have true premises and a true conclusion and
nevertheless the argument may be invalid.
Example:
All men an mortal.
All kings are mortal.
Therefore, all kings are men.

(V) There are invalid arguments whose premises are false but the
conclusion is true.
Example:
All mammals have wings.
All rabbits have wings.
Therefore, all rabbits are mammals.

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(vi) There are invalid arguments in which premises and conclusion are all
false.
Example:
All cats are biped,
All dogs are biped.
Therefore, all dogs are cats

(vii) Lastly, an argument in which the premises are true and the
conclusion is false willbe invalid.
Example:
All Telugus are Indians.
Nehru is not a Tamil.

Therefore, Nehru is not an Indian,

We can summarize our findings in the following tabular way. Premise
Conclusion Validity of the
Argument
T T Valid
Invalid
T F XXX
Invalid
F T Valid
Invalid
F F Valid
Invalid

The above examples show that invalid arguments allow for all possible
combinations true or false premises and true or false conclusion. We cited
examples of valid arguments with false conclusion as well as invalid
arguments with true conclusions. Thus, it can be noticed that the truth or
falsity of the conclusion does not by itself determine the validity or
invalidity of the argument. So also the validity of an argument does not
by itself guarantee the truth of its conclusion.

We also noticed that valid arguments may have only three out of the four
possible truth contributions. A valid argument cannot have true premises
and a false conclusion. In other words if an argument is valid and its
premises are true, then we can be sure that the conclusion is true.

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Syllogism

a)Meaning of Syllogism:
Syllogism is a form of deductive inference, in which the conclusion is
drawn from two premises, taken jointly. It is a form of deductive
inference and therefore in it, the conclusion cannot be more general than
the premises.

It is a mediate form of inference, the conclusion being drawn from two

premises and not from one premises only as in the case of Immediate
Inference. For example:

All men are mortal.

All kings are men.
All kings are mortal.

A syllogism, therefore, presents the following characteristics, which

distinguish it from other kinds of inference:

(a) Firstly, the conclusion of syllogism follows from the two premises
Taken jointly, and not from any one of them, by itself. The
conclusion is not merely the sum of the two premises but follows
from them taken together, as a necessary consequence. In the
example given above, the conclusion 'All kings are mortal' is
drawn not from any of the two premises singly, but it follows from
them conjointly.
(b) Secondly, the conclusion of a syllogism cannot be more general
than the premises. The syllogism is a form of deductive inference,
and in no form of deductive inference, can the conclusion be more
general than the given premises.

In the example given above the conclusion "All kings- are mortal" is
obviously less general than the premises "All men are mortal"— which is
applicable to a much larger number of individuals.

(c) Thirdly, the conclusion is true, provided the given propositions are
true.In a syllogism, as in other forms of deductive inference we are
not concerned with the question as to whether the premises, i.e.,
the given propositions are, as a matter of fact, true or false. In
deductive forms of inference, the truth of the premises is taken for
granted and hence, it is clear that the truth of the conclusion
depends on the truth of the premises, which are presumed to be
true.

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b) Rules of Syllogism:
There are many ways in which a syllogism may fail to establish its
conclusion. Just as travel is facilitated by the mapping of highways and
the labeling of otherwise tempting roads as 'dead ends', so cogency of
argument is made more easily attainable by setting forth certain rules that
enable the reasoned to avoid fallacies. Any given standard-form
syllogism can be evaluated by observing whether the rules are violated or
not.

Rule 1: Every syllogism must have three and only three terms.
It there be less than three terms, we cannot get a mediate form of
inference, but we mayat best construct an immediate inference, and not a
syllogism. When there are morethan three terms in a statement it is either
not an inference at all or it is a train ofreasoning.

Three terms must be involved in every valid categorical syllogism -- no

more and no less. Any categorical syllogism that contains more than three
terms is invalid and is said to commit the fallacy of four terms.
All crows are black.

All cranes are white

;-No cranes are crows.

Rule 2 :The middle term must be distributed in at least one premises.

In a standard-form categorical syllogism,
All Russians were revolutionists.
All anarchists were revolutionists.

All anarchists were Russians.

themiddle term, 'revolutionists' is not distributed in either premises, and
the syllogism violates Rule 2. Any syllogism that violates Rule 2 is said
to commit the fallacy of the undistributed middle. It should be clear by
the following considerations that any syllogism that violates this rule is
invalid. The conclusion of any syllogism asserts a connection between
two terms.
The premises justify asserting such a connection only if they assert that
each of two terms is connected with a third term in such a way that the
first two are appropriately connected with each other through or by means
of the third. For the two terms of the conclusion really to be connected
through the third, at least one of them must be related to the whole of the
class designated by the third or middle term. Otherwise, each may be
connected with a different part of that class, and the two are not
necessarily connected with each other at all.
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Rule 3; A term which is distributed in the conclusion, must be
Distributed in the premises.

A valid argument is one whose premises logically imply or entail its

conclusion. The conclusion of a valid argument cannot go beyond or
assert any more than is [implicitly) contained in the premises. If the
conclusion does illegitimately 'go beyond' what is asserted by the
premises, the argument is invalid. It is an 'illicit process' for the
conclusion to say more about its terms than the premisesdo.

A proposition that distributes one of its terms says more about the class
designated by that term than it would if the term were undistributed by it.
To refer to all members of a class is to say more about it than is said,
when only some of its members are referred to. Therefore when the
conclusion of a syllogism distributes a term that was undistributed in the
premises, it says more about it than the premises warrant, and the
syllogism is invalid. Such an illicit process can occur in the case of either
the major or the minor
term.

When a syllogism contains its major term undistributed in the major

premises but distributed in the conclusion, the argument is said to commit
the fallacy of illicit process of the major term or the illicit major.

When a syllogism contains its minor term undistributed in its minor

premises but distributed in its conclusion, the argument commits the
fallacy of illicit process of the minor term or the illicit minor.

Rule 4:From two negative premises no conclusion can be drawn.

Any negative proposition [E or 0) denies class inclusion, asserting that all
or some of one class is excluded from the whole of the other. Where S, P
and M are the minor, major, and middle terms, respectively, two negative
premises can assert only that S is wholly or partially excluded from all or
part of M and that P is wholly or partially excluded from all or part of M.

But these conditions may very well obtain no matter how S and P are
related, whether by inclusion or exclusion, partial or complete. Therefore
from two negative premises, no relationship whatever between S and P
can validly be inferred. Any syllogism that breaks Rule 4 is said to
commit the fallacy of exclusive premises.
No beasts are immortal.
No cats are immortal.
No cats are beasts.
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Rule 5: If one of the premises be negative the conclusion must be
negative. An affirmative conclusion asserts that one class is either wholly
or partly contained in a second. This can be justified only by premises
that assert the existence of a third class that contains the first and is itself
contained in the second. In other words, to entail an affirmative
conclusion, both premises must assert inclusion. But class inclusion can
be stated only by affirmative propositions. So an affirmative conclusion
logically follows only from two affirmative premises. Hence if either
premises is negative, the conclusion cannot be affirmative but must be
negative also. Any syllogism that breaks Rule 5 may be said to commit
the fallacy of drawing an affirmative conclusion from a negative
premises.

Rule 6: If one premise be particular the conclusion must be particular.

To break this rule is to go from premises having no existential import to a
conclusionthat does. A particular proposition asserts the existence of
objects of a specified kind, soto infer it from two universal premises that
do not assert the existence of anything atall is clearly to go beyond what
is warranted by the premises. For example,
All household pets are domestic animals.

No unicorns are domestic animals.

Therefore some unicorns are not household pets.
This syllogism is invalid because its conclusion asserts that there are
unicorns (a falseproposition), whereas its premises do not assert the
existence of unicorns (or ofanything) at all. Being universal propositions,
they are without existential import. Theconclusion would follow validity
if to the two universal premises were added theadditional premise 'There
are unicorns'. Any syllogism that violates Rule 6 may be saidto commit
the existential fallacy.

Venn diagram Technique for Testing Syllogism:

To test a categorical syllogism by the method of Venn diagrams it is
necessary to represent both its premises in one diagram. Here we are
required to draw three overlapping circles, for the two premises of a
standard-form syllogism contain three different terms, minor term, major
term, and middle term which we abbreviate as S, P, and M, respectively.
We first draw two circles just as for the diagramming of a single
proposition, and then we draw a third circle beneath, overlapping both of
the first two. We label the three circles S, P, and M, in that order. Just as
one circle labelled S diagrammed both the class S and class Sand as two
overlapping circles labeled S and P diagrammed four classes (SP, SP, SP
and SP), so three overlapping circles labeled S, P, and M diagram eight
86 | P a g e
classes: SPM, SPM, SPM, SPM, SPM, SPM, SPM, and SPM. These are
represented by the eight parts into which the three circles divide the
plane, as shown in the following figure.

This can be interpreted in terms of the various different classes

determined by the class of all Swedes (S), the class of all peasants (P),
and the class of all musicians (M). SPM is the product of these three
classes, which is the class of all Swedish peasant musicians. SPM is the
product of the first two and the complement of the third, which is the
class of all Swedish peasants who are not musicians.

SPM is the product of the first and third and the complement of the
second: the class of all Swedish musicians who are not peasants. SPM is
the product of the first and the complement of the others: the class of all
Swedes who are neither peasants nor musicians, Next, SPM is the product
of the second and third classes with the complement of the first: the class
of all peasant musicians who are not Swedes.

SPM is the product of the second class with the complements of the other
two: the class of all peasants who are neither Swedes nor musicians. SPM
is the product of the third class and the complements of the first two: the
class of all musicians who are neither Swedes nor peasants. Finally, SPM
is the product of the complements of the three original classes: the class
of all things that are neither Swedes nor peasants nor musicians.

If we focus our attention on just the two circles labelled P and M, it is

clear that by shading out or inserting an x we can diagram any standard-
form categorical proposition whose two terms are P and M, regardless of
which is the subject term and which the predicate. Thus, to diagram the
proposition "All MI’s P" (MP = 0), we shade out all of A/that is not
contained in (or overlapped by) P. This area, it is seen, includes both the
portions labelled SPM and SPM. Then the diagram becomes:

87 | P a g e
 And if we focus our attention on just the two circles S and M, by shading
out or inserting an x we can diagram any standard-form categorical
proposition whose terms are S and M, regardless of the order in which
they appear in it. To diagram the proposition "All S is M" (SM = 0), we
shade out all of S that is not contained in (or overlapped by) M. This area,
it is seen, includes both the portions labelled SPM and SPM. The diagram
for this proposition will appear as:

Now the advantage of having three circles overlapping is that it allows us

to diagram two propositions together—on condition, of course, that only
three different terms occur in them. Thus diagramming both "All M is P"
and "All S is M" at the same time gives us this figure:

This is the diagram for both premises of the syllogism AAA — 1:

All M is P.
All S is M
All Sis P.
Now this syllogism is valid if and only if the two premises imply or entail
the conclusion, that is, if together they say what is said by the conclusion.
Consequently, diagramming the premises of a valid argument should
suffice to diagram its conclusion also, with no further marking of the
circles needed.

88 | P a g e
To diagram the conclusion "All S is P" is to shade out both the portion
labelled SPM and the portion labeled SPM. Inspecting the diagram that
represents the two premises, we see that it does diagram the conclusion
also. And from this fact we can conclude that AAA — 1 is a valid
syllogism.
Let us now apply the Venn diagram test to an obviously invalid
syllogism:
All dogs are mammals.
All cats are mammals.
Therefore all cats are dogs.
Diagramming both premises we find this figure

In this diagram, where S designates the class of all cats, P the class of all
dogs, and M the class of all mammals, the portions SPM, SPM, and SPM
have been shaded out. But the conclusion has not been diagrammed,
because the part SPM has been left unshaded, and to diagram the
conclusion both SPM and SPM must be shaded.

Thus we see that diagramming both the premises of a syllogism of form

AAA—2 does not suffice to diagram its conclusion, which proves that the
conclusion says something more than is said by the premises, which
shows that the premises do not imply the conclusion. But an argument
whose premises do not imply its conclusion is invalid, and so our diagram
proves the given syllogism to be invalid.

The general technique of using Venn Diagrams to test the validity of any
standard-form syllogism may be summarily described as follows. First,
label the circles of a three-circle Venn diagram with the syllogism's three
terms. ,

Next, diagram both premises, diagramming the universal one first if there
is one universal and one particular, being careful in diagramming a
particular proposition to put an x on a line if the premises do not
determine on which side of the line it should go. Finally, inspect the
diagram to see whether or not the diagram of the premises contains a

89 | P a g e
diagram of the conclusion: if it does, the syllogism is valid; if it does not,
the syllogism is invalid.

Formal Fallacies:
We have already explained the six essential rules for standard-form
syllogisms andnamed the fallacy that results when each of these rules is
broken.

Rule 1:
A standard-form categorical syllogism must contain exactly three terms,
each of whichis used in the same sense throughout the argument.
Violation: Fallacy of four terms.

Rule 2 :
In a valid standard-form categorical syllogism, the middle term must be
distributed in at least one premise.
Violation: Fallacy of the undistributed middle.

Rule 3:
In a valid standard-form categorical syllogism, if either term is distributed
in the conclusion, then it must be distributed in the premises.
Violation: Fallacy of the illicit major, or fallacy of the illicit minor.

Rule 4:
No standard-form categorical syllogism having two negative premises is
valid. Violation: Fallacy of exclusive premises.
Rule 5:
If either premise of a valid standard- form categorical syllogism is
negative, the conclusion must be negative. Violation: Fallacy of drawing
an affirmative conclusion from a negative premise.

Rule 6:

No valid standard-form categorical syllogism with a particular conclusion

can have two universal premises.
Violation: Existential fallacy.

c) Types of Syllogism-Categorical, Conditional and Disjunctive

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Syllogisms have been classified into Pure and Mixed. Pure syllogisms are
of three kinds --- Categorical, Hypothetical and Disjunctive. Mixed
syllogisms are of three kinds --- Hypothetical - Categorical, Disjunctive -
Categorical and Dilemma.

The following Table shows the different kinds of syllogism:

Syllogism

Pure Mixed

Categorical Hypothetical Disjunctive

HypotheticalDisjunctive ----
Categorical Categorical

In a pure syllogism, all the constituent propositions are of the same

relation. If all of them are categorical, the syllogism is pure categorical; if
all hypothetical the syllogism is pure hypothetical; and lastly, if all of
them are disjunctive, the syllogism is pure disjunctive.

In a mixed syllogism the constituent propositions are of different

relation. Mixed syllogisms are of three kinds—Hypothetical-Categorical,
Disjunctive- Categorical, Dilemma. In Hypothetical-Categorical
syllogism, the major premise is hypothetical, the minor is categorical and
the conclusion is categorical.

In Disjunctive-Categorical, the major premise is disjunctive, the minor

is categorical and" the conclusion is categorical. In Dilemma, the major
premise is a compound hypothetical, the minor premise is disjunctive,
and the conclusion is either categorical or disjunctive.

Figures:
Figure is the form of a syllogism as determined by the position of the
middle term in thepremises.
There are four possible arrangements of the middle term in the two
premises; and,therefore, there are four figures of syllogism.

1. First Figure:

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In the first figure, the middle term is the subject in the major premise, and
the predicate
is the minor premise; thus
Pure Mixed
P—M
S—M
S—P

2. Second Figure:
In the second figure, the middle term is the predicate in both the
premises; thus

Fallacy

a) Meaning and Reasons of Fallacy

A fallacy is the use of invalid or otherwise faulty reasoning, or "wrong

moves" in the construction of an argument. A fallacious argument may be
deceptive by appearing to be better than it really is. Some fallacies are
committed intentionally to manipulate or persuade by deception, while
others are committed unintentionally due to carelessness or ignorance.
The soundness of legal arguments depends on the context in which the
arguments are made.

Fallacies are commonly divided into "formal" and "informal". A formal

fallacy can be expressed neatly in a standard system of logic, such as
prepositional logic, while an informal fallacy originates in an error in
reasoning other than an improper logical form. Arguments containing
informal fallacies may be formally valid, but still fallacious.

A special case is a mathematical fallacy, an intentionally invalid

mathematical proof, often with the error subtle and somehow concealed.
Mathematical fallacies are typically crafted and exhibited for educational
purposes, usually taking the form of spurious proofs of obvious
contradictions.

b) Types of Fallacies - Faulty Cause, Sweeping Generalization, Faulty

Analogy, Anecdotal Fallacy, Bifurcation (False Dilemma), Equivocation,
Tautology, Appeal to Popular Opinion and Association Fallacy

Arguments
Most academic writing tasks require you to make an argument—that is, to
present reasons for a particular claim or interpretation you are putting
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forward. You may have been told that you need to make your arguments
more logical or stronger. And you may have worried that you simply
aren't a logical person or wondered what it means for an argument to be
strong. Learning to make the best arguments you can is an ongoing
process, but it isn't impossible: "Being logical" is something anyone can
do, with practice.

Each argument you make is composed of premises (this is a term for

statements that express your reasons or evidence) that are arranged in the
right way to support your conclusion (the main claim or interpretation
you are offering).

You can make your arguments stronger by:

1. using good premises (ones you have good reason to believe are
both true and relevant to the issue at hand), ii
2. making sure your premises provide good support for your
conclusion (and not some other conclusion, or no conclusion at
all),
3. checking that you have addressed the most important or relevant
aspects of the issue (that is, that your premises and conclusion
focus on what is really important to the issue), and
4. Not making claims that are so strong or sweeping that you can't
really supportthem.

You also need to be sure that you present all of your ideas in an orderly
fashion that readers can follow. See our handouts on argument and
organization for some tips that will improve your arguments.

This handout describes some ways in which arguments often fail to do the
things listed above; these failings are called fallacies. If you're having
trouble developing your argument, check to see if a fallacy is part of the
problem.

It is particularly easy to slip up and commit a fallacy when you have

strong feelings about your topic—if a conclusion seems obvious to you,
you're more likely to just assume that it is true and to be careless with
your evidence. To help you see how people commonly make this mistake,
this handout uses a number of controversial political examples—
arguments about subjects like abortion, gun control, the death penalty,
gay marriage, euthanasia, and pornography. The purpose of this handout,
though, is not to argue for any particular position on any of these issues;
rather, it is to illustrate weak reasoning, which can happen in pretty much
93 | P a g e
any kind of argument Please be aware that the claims in these examples
are just made-up illustrations—they haven't been researched, and you
shouldn't use them as evidence in your own writing.

fallacies
Fallacies are defects that weaken arguments. By learning to look for them
in your own and others' writing, you can strengthen your ability to
evaluate the arguments you make, read, and hear. It is important to realize
two things about fallacies: first, fallacious arguments are very, very
common and can be quite persuasive, at least to the casual reader or
listener. You can find dozens of examples of fallacious reasoning
innewspapers, advertisements, and other sources. Second, it is sometimes
hand to
Evaluate whether an argument is fallacious. An argument might be
somewhat weak, somewhat strong, or very strong. An argument that has
several or parts might have some strong sections and some weak ones.
The goal of this handout, then, is not to teach you how to label arguments
as fallacious or fallacy-free, but to help you look critically at your own
arguments and move them away from the "weak" and toward the "strong"
end of the continuum.

For each fallacy listed, there is a definition or explanation, an example,

and a tip on how to avoid committing the fallacy in your own arguments.

Hasty generalization
Definition:Making assumptions about a whole group or range of cases
based on a sample that is inadequate (usually because it is atypical or too
small). Stereotypes about people ("librarians are shy and smart," "wealthy
people are snobs," etc.) are a common example of the principle
underlying hasty generalization.

Examples: "My roommate said her philosophy class was hard, and the
one I'm in is hard, too. All philosophy classes must be hard!" Two
people's experiences are, in this case, not enough on which to base a
conclusion.

Tip: Ask yourself what kind of "sample" you're using: Are you relying on
the opinions or experiences of just a few people, or your own experience
in just a few situations? If so, consider whether you need more evidence,
or perhaps a less sweeping conclusion. (Notice that in the example, the
more modest conclusion "Some philosophy classes are hard for some
students" would not be a hasty generalization.)

Missing the point

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Definition: The premisesofanargument do support a particular
conclusion—but not the conclusion that the arguer actually draws.

Example: "The seriousness of a punishment should match the

seriousness of the crime. Right now, the punishment for drunk driving
may simply be a fine. But drunk driving is a very serious crime that can
kill innocent people. So the death penalty should be the punishment for
drunk driving." The argument actually supports several conclusions—
"The punishment for drunk driving should be very serious," in
particular—but it doesn't support the claim that the death penalty,
specifically, is warranted.

Tip: Separate your premises from your conclusion. Looking at the

premises, ask yourself what conclusion an objective person would reach
after reading them. Looking at your conclusion, ask yourself what kind of
evidence would be required to support such a conclusion, and then see if
you've actually given that evidence. Missing the point often occurs when
a sweeping or extreme conclusion is being drawn, so be especially careful
if you know you're claiming something big.

Post hoc (also called false cause)

This fallacy gets its name from the Latin phrase "post hoc, ergo propter
hoc," which translates as "after this, therefore because of this."

Definition: Assuming that because B comes after A. A caused B. Of

course, sometimes one event really does cause another one that comes
later—for example, if I register for a class, and my name later appears on
the roll if s true that the first event caused the one that came later. But
sometimes two events that seem related in time aren't really related as
cause and event. That is, correlation isn't the same thing as causation.

Examples: "President Jones raised taxes, and then the rate of violent
crime went up. Jones is responsible for the rise in crime." The increase in
taxes might or might not be one factor in the rising crime rates, but the
argument hasn't shown us that one caused the other.

Tip: To avoid the post hoc fallacy, the arguer would need to give us some
explanation of the process by which the tax increase is supposed to have
produced higher crime rates. And that's what you should do to avoid
committing this fallacy: If you say that A causes B, you should have
something more to say about how A caused B than just that A came first
and B came later.

Slippery slope

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Definition: The arguer claims that a sort of chain reaction, usually ending
in some direconsequence, will take place, but there’s really not enough
evidence for thatassumption. The arguer asserts that if we take even one
step onto the "slippery slope,"we will end up sliding all the way to the
bottom; he or she assumes we can't stoppartway down the hill.

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Example: "Animal experimentation reduces our respect for life. If we
don't respect life,we are likely to be more and more tolerant of violent
acts like war and murder. Soonour society will become a battlefield in
which everyone constantly fears for their lives.It will be the end of
civilization. To prevent this terrible consequence, we should makeanimal
experimentation illegal right now." Since animal experimentation has
been legalfor some time and civilization has not yet ended, it seems
particularly clear that thischain of events won't necessarily take place.
Even if we believe that experimenting onanimals reduces respect for life,
and loss of respect for life makes us more tolerant of violence, that may
be the spot on the hillside at which things stop—we may not slide all the
way down to the end of civilization. And so we have not yet been given
sufficient, reason to accept the arguer's conclusion that we must make
animal experimentation illegal right now.

Like post hoc, slippery slope can be a tricky fallacy to identify, since
sometimes a chain of events really can be predicted to follow from a
certain action. Here's an example that doesn't seem fallacious: "If I fail
English 101, I won't be able to graduate. If I don't graduate, I probably
won't be able to get a good job, and I may very well end up doing temp
work or flipping burgers for the next year."

Tip: Check your argument for chains of consequences, where you say "if
A, then B, and if B, then C," and so forth. Make sure these chains are
reasonable.

Weak analogy
Definition: Many arguments rely on an analogy between two or more
objects, ideas, or situations. If the two things that are being compared
aren't really alike in the relevant respects, the analogy is a weak one, and
the argument that relies on it commits the fallacy of weak analogy.

Example: "Guns are like hammers—they're both tools with metal parts
that could be used to kill someone. And yet it would be ridiculous to
restrict the purchase of hammers—so restrictions on purchasing guns are
equally ridiculous." While guns and boners do share certain features,
these features (having metal parts, being tools, and being potentially
useful for violence) are not the ones at stake in deciding whether torestrict
guns. Rather, we restrict guns because they can easily be used to kill large
numbers of people at a distance. This is a feature hammers do not share—
it would be hard to kill a crowd with a hammer. Thus, the analogy is
weak, and so is the argument based on it.

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If you think about it, you can make an analogy of some kind between
almost any two things in the world: "My paper is like a mud puddle
because they both get bigger when it rains (I work more when I'm stuck
inside) and they're both kind of murky." So the mere* fact that you can
draw an analogy between two things doesn't prove much, by itself.

Arguments by analogy are often used in discussing abortion—arguers

frequently compare fetuses with adult human beings, and then argue that
treatment that would violate the rights of an adult human being also
violates the rights of fetuses. Whether these arguments are good or not
depends on the strength of the analogy: do adult humans and fetuses share
the properties that give adult humans rights? If the property that matters is
having a human genetic code or the potential for a life full of human
experiences, adult humans and fetuses do share that property, so the
argument and the analogy are strong; if the property is being self-aware,
rational, or able to survive on one's own, adult humans and fetuses don't
share it, and the analogy is weak

Tip:Identify what properties are important to the claim you're making,

and seewhether the two things you're comparing both share those
properties.

Appeal to authority
Definition: Often we add strength to our arguments by referring to
respected sources or authorities and explaining their positions on the
issues we're discussing. If, however, we try to get readers to agree with us
simply by impressing them with a famous name or by appealing to a
supposed authority who really isn't much of an expert, we commit the
fallacy of appeal to authority.

Example: "We should abolish the death penalty. Many respected people,
such as actor Guy Handsome, have publicly stated their opposition to it."
While Guy Handsome maybe an authority on matters having to do with
acting, there's no particular reason why anyone should be moved by his
political opinions—he is probably no more of anauthority on the death
penalty than the person writing the paper.

Tip: There are two easy ways to avoid committing appeal to authority:
First, make sure that the authorities you cite are experts on the subject
you're discussing. Second, rather than just saying "Dr. Authority believes
X, so we should believe it, too," try to explain the reasoning or evidence
that the authority used to arrive at his or her opinion. That way, your
readers have more to go on than a person's reputation. It also helps to
choose authorities who are perceived as fairly neutral or reasonable,
rather than people who will be perceived as biased.
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Ad Populism
Definition: The Latin name of this fallacy means "to the people." There
are severalversions of the ad populism fallacy, but in all of them, the
arguer takes advantage of thedesire most people have to be liked and to
fit in with others and uses that desire to tryto get the audience to accept
his or her argument One of the most common versions is the bandwagon
fallacy, in which the arguer tries to convince the audience to do or believe
something because everyone else (supposedly) does.

Example:"Gay marriages are just immoral. 70% of Americans think so!"

While the opinion of most Americans might be relevant in determining
what laws we should have, it certainly doesn't determine what is moral or
immoral: there was a time where a substantial number of Americans were
in favor of segregation, but their opinion was not evidence that
segregation was moral. The arguer is trying to get us to agree with the
conclusion by appealing to our desire to fit in with other Americans.

Tip:Make sure that you aren't recommending that your readers believe
your conclusion because everyone else believes it, all the cool people
believe it, and people will like you better if you believe it, and so forth.
Keep in mind that the popular opinion is not always the right one.
False dichotomy
Definition: In false dichotomy, the arguer sets up the situation so it looks
like there are only two choices. The arguer then eliminates one of the
choices, so it seems that we are left with only one option: the one the
arguer wanted us to pick in the first place. But often there are really many
different options, not just two—and if we thought about them all, we
might not be so quick to pick the one the arguer recommends.

Example: "Caldwell Hall is in bad shape. Either we tear it down and put
up a new building, or we continue to risk students' safety. Obviously we
shouldn't risk anyone's safety, so we must tear the building down." The
argument neglects to mention the possibility that we might repair the
building or find some way to protect students from the risks in question—
for example, if only a few rooms are in bad shape, perhaps we shouldn't
hold classes in those rooms.

Tip: Examine your own arguments: if you're saying that we have to

choose between just two options, is that really so? Or are there other
alternatives you haven't mentioned? If there are other alternatives, don't
just ignore them—explain why they, too, should be ruled out. Although
there's no formal name for it, assuming that there are only three options,

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four options, etc. when really there are more is similar to false dichotomy
and should also be avoided.

Begging the question

Definition: A complicated fallacy; it comes in several forms and can be

harder to detect than many of the other fallacies we've discussed.
Basically, an argument that begs the question asks the reader to simply
accept the conclusion without providing real evidence; the argument
either relies on a premise that says the same thing as the conclusion
(which you might hear referred to as "being circular" or "circular
reasoning"), or simply ignores an important (but questionable)
assumption that the argument rests on. Sometimes people use the phrase
"beg the question" as a sort of general criticism of arguments, to mean
that an arguer hasn't given very good reasons for a conclusion, but that's
not the meaning we're going to discuss here.

Examples: "Active euthanasia is morally acceptable. It is a decent,

ethical ting to help another human being escape suffering through death."
Let's lay this out in premise- conclusion form:
Premise: It is a decent, ethical thing to help another human being escape
suffering through death.
Conclusion: Active euthanasia is morally acceptable.
If we "translate" the premise, we'll see that the arguer has really just said
the same thing twice: "decent, ethical" means pretty much the same thing
as "morally acceptable," and "help another human being escape suffering
through death" means something pretty similar to "active euthanasia." So
the premise basically says, "active euthanasia is morally acceptable," just
like the conclusion does. The arguer hasn't yet given us any real reasons
why euthanasia is acceptable; instead, she has left us asking "well, really,
why do you think active euthanasia is acceptable?" Her argument "begs"
(that is, evades) the real question.
Here's a second example of begging the question, in which a dubious
premise which is needed to make the argument valid is completely
ignored: "Murder is morally wrong. So active euthanasia is morally
wrong." The premise that gets left out is "active euthanasia is murder."
And that is a debatable premise—again, the argument "begs" or evades
the question of whether active euthanasia is murder by simply not stating
the premise. The arguer is hoping we'll just focus on the uncontroversial

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premise, "Murder is morally wrong," and not notice what is being
assumed.
Tip: One way to try to avoid begging the question is to write out your
premises and conclusion in a short, outline-like form. See if you notice
any gaps, any steps that are required to move from one premise to the
next or from the premises to the conclusion. Write down the statements
that would fill those gaps. If the statements are controversial and you've
just glossed over them, you might be begging the question. Next, check to
see whether any of your premises basically says the same thing as the
conclusion (but in different words). If so, you're probably begging the
question. The moral of the story: you can't just assume or use as
uncontroversial evidence the very thing you're trying to prove.
Equivocation:
Definition: Equivocation is sliding between two or more different
meanings of a single word or phrase that is important to the argument.
Example: "Giving money to charity is the right thing to do. So charities
have a right to our money." The equivocation here is on the word "right":
"right" can mean both something that is correct or good (as in "I got the
right answers on the test") and something to which someone has a claim
(as in "everyone has a right to life"). Sometimes an arguer will
deliberately, sneakily equivocate, often on words like "freedom,"
"justice," "rights," and so forth; other times; the equivocation is a mistake
or misunderstanding. Either way, it's important that you use the main
terms of your argument consistently.
Tip: Identify the most important words and phrases in your argument and
ask yourself whether they could have more than one meaning. If they
could, be sure you aren't slipping and sliding between those meanings.

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Application of Reasoning to Law - Facts of a Case and provisions /
Case Laws (Refer to DahyobhaiChhaganbhaiThakker v. State of
Gujarat, AIR 1964 SC 1563 for legal reasoning

Legal reasoning is a method of thought and argument used by lawyers

and judges when applying legal rules to specific interactions among legal
persons. Legal reasoning in the case of a court's ruling is found in the
'Discussion or Analysis' section of the judicial ruling.
It is here that the court gives reason for its legal ruling, and it helps other
courts, lawyers and judges to use and follow the ruling in subsequent
proceedings. Therefore, the 'discussion or analysis' section must be well
reasoned and written.
Precedent and Analogy
The two central forms of legal reasoning are arguments from precedent
and analogy. These are found in many legal systems such as the common
law which is found in both England and the United States.
 Precedent is where an earlier decision is applied in a later case
because the two cases are same.
 Analogy involves an earlier decision being used in a later case
because the latter case is similar to the earlier one.
Precedent and analogy do however present philosophical problems. For
instance, when are two cases deemed 'same' so as to apply precedent?
When two cases are considered 'similar' to justify analogy? In both
situations, why should the decision in the earlier case affect the decision
in the latter case?
Inherent within legal reasoning is the acceptance of the law and a leaning
towards working within the existing legal framework. It is true to say that
there is a bias towards maintaining the existing rules. Nevertheless, the
bias does not presume the law as it is to be just, fair or practical and thus
immune from change.
Judges have often in the past made use of provisions in the law to avoid
applyingprecedent or analogy in instances where such an application
would result in unfair orundesirable outcomes.
Elements of Legal Reasoning
Legal reasoning reveals why and how the court, lawyer or judge came to
their decisionor argument on the case.
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There are core elements that must appear and be addressed in the
reasoning:
 The question or the legal issue before the court
 The relevant facts of the case
 The legal rule
 Other considerations that may be brought before the court

As such, there is the burden to address the stated elements clearly and
concisely. This may be done using a deductive or analytical reasoning.
Deductive Reasoning
This is a means of drawing out ruling from another judicial opinion, or
existing constitution, legislative provision and applying it in another case.
The rule statement is mostly broad rather than narrow when using
deductive reasoning. This approach is mechanical and is therefore
effective only in ideal situations and often unsatisfactory,
The approach faces many challenges among them being:
 Semantic difficulty - due to the various meanings that words hold, it is
often impossible to attribute one particular meaning to a specific word
and so to be understood by all parties
 There may arise unremunerated circumstances that would demand a
different legal treatment
 The occurrence of obstacles preventing the upholding of previous rule
statements
 Rules based on ontological principles being insufficient to determine
between conflicting interests
Analogical Reasoning
This involves the identification of the similarities and differences of the
facts in the precedential and the case to be determined. After the
identification, then deciding whether the case to be determined is similar
or different from the precedent in the important aspects with regards to
the matter being decided. Following the findings, the case precedent may
then be followed or distinguished.
It is important to note that there are peculiar situations where both of the
above methods will not suffice in determining a case, and the judge may
then rule according to personal preference.
Circumstances that may prompt such a treatment include but are not
limited to:
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  Where the law is obscure: the rules are too fragmentary, imprecise
or partial to describe the present case facts .
 Where there are no rules provided
The way in which judges reason their decisions is a vital component
of how the law functions. The process of interpreting statutory provisions
and applying case law is far more complicated than a simple formula for
logical reasoning would suggest. It seems inevitable that factors outside
of the logical and legal reasoning process must play a part in judicial
decision-making. The amount of uncertainty inherent even in formal
logical reasoning processes gives room for the engagement of non-legal
factors to contribute to legal judgments: these factors may include
morality, economics, politics and social issues. Judgments often come
across as highly reasoned arguments, reaching the only inevitable
conclusion based on the law through an objective and rigorous analysis of
the evidence - statutes, common law, case law, etc. However, this is as
much part of the narrative structure and rhetoric of legal argument as it is
a reality.
Judicial decisions are often couched in the language of objectivity and at
pains to show that conclusions are based on legal rules and logical
argument rather than choices and extra-legal factors. However, the courts
have to deal with many issues that require inherently political judgments
and/or are not covered by the existing law. In these situations, factors
such as the choice of precedent, identification of ratio decided,
identification of relevant analogies, and even the application of overriding
public policyconcerns can reveal the devices used to ensure judgments
appear both neutral and purely legal, and thereby free from bias and the
influence of non-legal factors.
a. Facts of a Case and provisions/Case Laws:
In order to become an effective lawyer, you need to train your mind, not
just to absorb the information, but to dissect, analyses and challenge it.
Below are some tried andtested methods that will help you get the most
out of the material you are studying.
1. Reading cases
2. Reading statutes
3. Managing large amounts of complex material
4. Indexing as preparation for law exams
5. The MIRAT method for legal problem solving

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1. Reading cases
The art of case reading is one of the most significant common-law
lawyerly skills.A case on its own is not very informative. The question
you should ask yourself is: what a, does this case add to what I already
know about the law in this area? The process of case reading is a
spiraling process which means that every time you go back and
readthe case you find more. Therefore you should never think your
brief of a case is final. Doa rough brief before class. After discussion
has confirmed, illuminated and/or alteredyour view of it, redo the
brief.

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