Punctuations

(in law)
In this session (uses & misuses of)
1. Comma
2. Semicolon
3. Colon
4. Em-Dash (Long dash)
5. En-Dash (Short dash)
6. Hyphen
7. Quotation Marks
8. Ellipsis Dots
9. Apostrophe
10. Question Mark
11. Exclamation Mark
12. Brackets
13. Slash (Virgule)
 Case Laws on Punctuations

 Famous dictum - “Punctuation is not a part of the statute.”

 ‘Punctuation at any rate is not part of the English
language.’ [Kansas City Life Insurance Co. v. Wells, 135 F 2nd 227]

 “. . . A minor element in the construction of the

statute, . . . cannot certainly be regarded as a controlling
element . . . .” [Aswini Kumar Ghose v. Arbinda Bose SC (1952)]

 But assistance of punctuations were referred in:

1. A. K. Gopalan v. State of Madras, (1950) S.C.
2. Mohd. Shabbir v. State of Maharashtra, (1979) S.C.C
3. Dr. M.K. Salpekar v. Sunil Kumar Shamsunder Chaudhari, (1988)
S.C.C.
Ewing v. Burnet, 11 Pet. 41, 36 U. S. 53-54
(1837)

 Punctuation is a most fallible standard by which to

interpret a writing; it may be resorted to when all other
means fail, but the court will first take the instrument
by its four corners, in order to ascertain its true
meaning; if that is apparent on judicially inspecting the
whole, the punctuation will not be suffered to change
it. Under this rule of construction, the Court has not
hesitated in the past to change or ignore the
punctuation in legislation in order to effectuate
congressional intent. 
Comma— common uses &
misuses

 Using Commas
Use a comma when you join two independent
clauses with a coordinating conjunction (such as
and, but, or, nor, yet, or so).
E.g. The United States is a common-law country, and its
judges are common law judges.
 Use a comma after a transitional word or phrase
(though not And or But), an introductory phrase
(especially a long one), or a subordinate clause that
precedes an independent clause.
E.g. Significantly, Moore has not filed a cross-appeal.
(Transitional word.)
E.g. In the second Reynolds appeal, the majority opinion
pointed out that experts frequently rely on comparable
sales when appraising the value of property. (Introductory
phrase.)
E.g. When the court addresses the question of ambiguity, it
must focus on the contractual language itself. (Subordinate
clause.)
 Use a comma to separate items in a series—including
the last and next-to-last.
E.g. The scientific method has proved extraordinarily useful in
matters involving radar, ballistics, handwriting, typewriting,
intoxication, and paternity. (Include the comma before and.)
 Use a comma to separate adjectives that each
qualify a noun in parallel fashion.
E.g. Wilson is a reserved, cautious person.

 Use a comma to distinguish indirect from direct

speech.
E.g. Justice Scalia ended by saying, “The decision is an act not
of judicial judgment, but of political will.”
 Use commas to separate the parts of full dates and
addresses, but: (1) when writing just the month and
the year, don’t separate them with a comma (July
2001); and (2) when writing the month, day, and
year, omit the comma after the year if you’re using
the date as an adjective (the November 20, 2000
hearing).
Preventing Misused Commas

 Don’t use a comma between a subject and its verb.

 Not this: The use of the terms “irrebuttable presumption”
and “conclusive presumption,” should be discontinued as
useless and confusing.
 But this: The use of the terms “irrebuttable presumption”
and “conclusive presumption” should be discontinued as
useless and confusing.
 Don’t use a comma to set off a quotation that blends
into the rest of the sentence.
Not this: The Modi administration joined in the petition on
grounds that the High Courts decision would promote,
“postemployment blacklisting.”
But this: The Modi administration joined in the petition on
grounds that the High Courts decision would promote
“postemployment blacklisting.”
 Don’t use commas to set off an adverb that needs
emphasis.
Not this: Defendants are, therefore, entitled to qualified
immunity.
But this: Defendants are therefore entitled to qualified
immunity.
 Don’t use a comma as if it were a strong mark—a
semicolon, colon, or period.
Not this: One could view attendance at the football game as
an alternative promise by Y, however, it seems readily
apparent that this alternative is not a promise for which X
has bargained.
But this: One could view attendance at the football game as
an alternative promise by Y; however, it seems readily
apparent that this alternative is not a promise for which X
has bargained.
Semi Colon: common uses &
misuses

 Use a semicolon to unite two short, closely

connected sentences.
E.g. One side must make an offer; the other side
must accept it.
 Use a semicolon to separate items in a list or series
when (1) any single element contains an internal
comma, (2) the enumeration follows a colon, or (3)
the items are broken into subparagraphs.
E.g. The rationale is threefold: (1) since the declarant knows
her own state of mind, there is no need to check her
perception; (2) since the statement is of present state of
mind, there is no need to check her memory; and (3) since
state of mind is at issue, it must be shown in some way—
and here, the declarant’s own statements are the only way.
Preventing Misused Semicolons

 Don’t use a semicolon where a colon is needed—

especially after a salutation.
Not this: Dear Mr. Patel; . . . .
But this: Dear Mr. Patel: . . . .
Colon—common uses & misuses

 Use a colon to link two separate clauses or phrases

when you need to indicate a step forward from the
first to the second.
E.g. After two hours, they reconciled: the chef apologized, and
the owner rehired him with a Rs.1,000 raise.
 Use a colon to introduce a list—especially one that is
enumerated or broken down into subparagraphs.
E.g. Each conspirator may be liable for the crimes of all other
conspirators if two conditions are satisfied: (1) if the crimes
were committed in furtherance of the conspiracy’s
objectives; and (2) if the crimes were a natural and
probable consequence of the conspiracy.
 Use a colon to introduce a wholly self-contained
quotation, especially a long one.
E.g. C. J. Kabir’s May 1 report states: “My first hypothesis was
that if persons who were near the plant at the time of the
accident can be shown to have chronic immuno
suppression ten years later, then they must have been
exposed to at least 100 rems during the accident.”
 Use a colon after the salutation in correspondence.
(A comma is acceptable in informal letters.)
E.g. Dear Judge Chandra:
Preventing Misused Colons

 Don’t use a colon to introduce a quotation or list

that blends into your sentence.
Not this: The real issue is what has been called: “the most
difficult problem in criminal procedure today.”
But this: The real issue is what has been called “the most
difficult problem in criminal procedure today.”
Parentheses—common uses & misuses

 Use parentheses to set off an inserted phrase,

clause, or sentence that you want to minimize.
E.g. If we increase the punishment, some people (not
everybody) will stop doing the deed from fear of
punishment.
 Use parentheses to introduce shorthand names.
 Use parentheses around numbers or letters when
you’re listing items in text.
 Use parentheses to denote subparts in a citation—or,
in a case citation, to give information about the
court and the year.
Em-Dash (or Long Dash)—common uses & misuses

 Use of em-dash to set off an inserted phrase that,

because of what it modifies, needs to go in the
middle of a sentence.
E.g. The plaintiffs here—two young children and their parents
—have sued the city for violations of their constitutional
rights.
 Use an em-dash to track on an important
afterthought.
E.g. Overtime parkers now have to pay a big fine
and run around the city to reclaim their cars—a
colossal nuisance.
Preventing Misused Em-
Dashes
 Don’t use more than two em-dashes in a
sentence.
En-Dash (or Short Dash)—common uses & misuses

 Use an en-dash as an equivalent of to (as when

showing a span of pages), to express tension or
difference, or to denote a pairing in which the
elements carry equal weight.
E.g. 233–34
E.g. love–hate relationship
E.g. contract–tort doctrines
Preventing Misused En-Dashes
 Don’t use an en-dash in place of a hyphen or an em-
dash.
Hyphen—uses &misuses
 Use a hyphen to connect the parts of a phrasal
adjective—that is, a phrase whose words function
together to modify a noun.

First-year law students are sometimes

E.g.
unready for their end-of-the-year doldrums.
(First-year is a phrasal adjective modifying the noun
phrase law students; end-of-the-year is a phrasal
adjective modifying the noun doldrums.)
 Use a hyphen when spelling out fractions.

E.g. Three-fifths of those present

concurred.
Preventing Misused Hyphens

 Don’t use a hyphen after a prefix unless (1) the solid

form might be confusing (e.g., anti-intellectual), (2)
the primary word is capitalized, as when it’s a proper
noun (e.g., non-Hohfeldian), (3) the prefix is part of
a noun phrase (e.g., non-contract-law doctrine), or
(4) the unhyphenated form has a different meaning
(e.g., prejudicial vs. pre-judicial).
 Don’t use a hyphen (or even a pair of
hyphens) in place of an em-dash.
Quotation Marks—common uses & misuses

 Use quotation marks when you’re quoting a passage

of 50 or fewer words. (Otherwise, set off the
quotation.)
 Use quotation marks when (1) referring to a word as
a word or a phrase as a phrase (although italics are
better if you do this frequently), or (2) providing a
definition.
 Use quotation marks when you mean “so-called” or
“self-styled,” or even “so-called-but-not-really.”
 Although quotation marks are traditionally used for
titles of movies, songs, and poems (as well as
articles), follow the standard form for legal citations.
E.g. The wording was intended as an allusion to John Donne’s
poem “Death Be Not Proud.”
 Use single quotation marks for quoted words within
quotations.
E.g. In that case, the plaintiff saw the driver coming and
attempted to flee, but he was unable to get out because
“the door to the booth was ‘jammed and stuck,’ trapping
the plaintiff inside.”
 Place quotation marks correctly in relation to other
punctuation: (1) periods and commas go inside; (2)
colons and semicolons go outside; and (3) question
marks and exclamation points go either inside or
outside, depending on whether they’re part of the
quoted matter.
E.g. Did Pullman really attribute the decline to “poor sales
projections”?
E.g. Pullman asked, “Did I really say that?”
Preventing Misused
Quotation Marks
 Don’t use quotation marks for a phrasal
adjective.
Not this: This “declining interest rate” scenario
seems unlikely.
But this: This declining-interest-rate scenario
seems unlikely.
 Don’t use quotation marks merely to
emphasize a word.
Ellipsis Dots— uses

 Use three ellipsis dots to denote that you’ve omitted

something from within a sentence.
E.g. “An arrest is neither a conviction of a crime nor even a
final formal charge of a crime . . . .”
Apostrophe—common uses & misuses

 Use an apostrophe to indicate the possessive case.

E.g. The district court’s refusal to give a requested jury
instruction is reviewed for an abuse of discretion.
 Use an apostrophe to mark the omission of one or
more characters, especially in a contraction.
E.g. Back in the late ’80s, the claimant was stopped at two
o’clock in the morning for driving under the influence.
Preventing Misused
Apostrophes
 Generally, don’t use an apostrophe to form a plural.
(But dot your i’s and cross your t’s.)
Not this: In the 1990’s no zone is so intimate, personal, or
private that it is immune from the staring eye of the law.
But this: In the 1990s no zone is so intimate, personal, or
private that it is immune from the staring eye of the law.
 Don’t drop necessary apostrophes.
Not this: Reynolds went immediately to the
Johnsons house.
But this: Reynolds went immediately to the
Johnsons’ house.
Question Mark—common uses & misuses

 Use a question mark after a direct

question.
E.g. When is there no right answer to a question of
law?
Preventing Misused Question Marks

 Don’t use a question mark after an

indirect question.
Not this: She asked whether anyone present had
seen the accident?
But this: She asked whether anyone present had
seen the accident.
Exclamation Point—common uses & misuses

 Use an exclamation point after an

exclamatory word, phrase, or sentence—
especially when quoting someone else.
E.g. Within seconds, there were cries: “Help! Man
overboard!”
Preventing Misused
Exclamation Points
 Generally, don’t use an exclamation point
to express your own surprise or
amazement.
Not this: Yet they can’t support this argument!
But this: Yet they can’t support this argument.
Period— uses

 Use a period to end a sentence that is

neither a question nor an exclamation.
 Use a period to indicate abbreviations
such as Mr., Ms., Mrs., etc.
 Put the period outside parentheses or
brackets that enclose only part of a
sentence, but inside parentheses or
brackets that enclose a complete
sentence.
Brackets—common uses & misuses

 Use a pair of brackets in a quotation to enclose an

editorial comment, correction, explanation,
interpolation, substitution, or translation that was
not in the original text.
E.g. “The action arose ex delicto [in tort], not ex contractu
[from a contract].”
 Use a pair of brackets around any
character that you change in or add to
quoted material.
E.g. The search-warrant requirement arose from
the Founders’ understanding that “[p]ower is a
heady thing, and history shows that the police
acting on their own cannot be trusted.”
 Use a pair of empty brackets to show the
deletion of part of a word.
E.g. When a case becomes moot, the federal
courts “lack[ ] subject-matter jurisdiction over
the action.”
Preventing Misused
Brackets
 Don’t use brackets in place of ellipsis dots
when one or more words have been
deleted without any replacement
language.
Not this: “Although [ ] Jackson need not show a
significant injury, he must have suffered at least
some injury.”
But this: “Although . . . Jackson need not show a
significant injury, he must have suffered at least
some injury.”
Slash (Virgule)—common uses & misuses

 Use a slash to separate the numerator

from the denominator in a fraction.
 In informal writing, use a slash as a
shorthand signal for “per.” i.e. per hour
 In informal writing, use a slash to
separate the elements in a date.
 In informal writing, use a slash to
separate alternatives (but remember to
avoid and/or).
Preventing Misused
Slashes
 Don’t use a slash when an en-dash or a
hyphen would suffice.
Not this: An essential element of the
employer/employee relationship was lacking.
But this: An essential element of the employer–
employee relationship was lacking.
Attempt the following -
 A comma should be used after a salutation in a formal
letter.
 A bracket is used to denote omission of a word.
 Comma and colon can’t be used interchangeably before a
quotation.
 Question mark can be used even after an indirect question.
 Parenthesis should be used instead of brackets to insert an
editorial comment or a translation that was not in present
quoted text.
 Ellipses is used to denote a missing letter.
 Parenthesis is used to set off or minimize an inserted
phrase / sentence.