![]() Proofread again after waiting a day or more. Proofread, proofread, proofread, especially if you could be seen as the drafter of the document. Ambiguity exists, for example, when there is duplicity, indistinctness, or uncertainty in the meaning of the language, when a contract term could suggest more than one meaning when viewed objectively by a reasonable knowledgeable person, and when the parties' expressions of mutual ascent lack clarity. 2002), Chief Judge Zappala concurred, expressing "grave concern that the filing of an opinion that expresses itself in rhyme reflects poorly on the Supreme Court of Pennsylvania."Ĭourts will not strain to find ambiguity in a document, but ambiguity is present in many documents. A lawsuit is vitally important to at least one party, and use of verse is almost always an indication the author lacked respect for the court, its decision, and the parties. But find an alternate way to express the thought if there is a risk that the meaning of the sentence will be harmed.Īlthough they are not in great number, especially in publication, court decisions written in rhyme or verse are sprinkled in court reporters and court files. If not, use it comfortably knowing that thousands of judges and lawyers have done so before. Ĭonsider carefully whether "and/or" creates the potential for confusion or error as you intend to use it. See also Robbins, "And/Or" and the Proper Use of Legal Language, _ Md. that is never an independently sufficient reason for granting a new trial. ![]() ![]() In this order, the use of "and/or" leaves open the possibility that "in the interest of justice and fairness" is the sole rationale. Here, the trial court's four articulated reasons, including "in the interest of justice and fairness," are all preceded or followed by "and/or." Many courts and critics have denounced the use of "and/or" in legal writing. The Texas Supreme Court explained in In re United Scaffolding, Inc., 377 S.W.3d 685, 689-90 (Tex. Brief searching reveals thousands of judicial decisions using "and/or" without the walls of the courthouse tumbling down. E.g., Do Not Use "and/or" in Legal Writing at (collecting many critics). ![]() ![]() It is surely surprising to many that use of "and/or" is now condemned with vigor and vehemence. ![]()
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