Part 4 Punctuation

8/16/2019 Part 4 Punctuation

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1 | P a g e L E G A L E N G L I S H 1 N O T E S , F e b r u a r y 6 , 2 0 1 6

UNIVERSITY OF THE CORDILLERAS

COLLEGE OF LAW

Legal nglish I

PUNCTUATION

“ The writer who neglects punctuation, or mispunctuates,

is liable to be misunderstood”.

- Edgar Allan Poe

I. CONCEPT

Punctuations are visual aids to help the reader better understand a written

material. They guide the reader to the writer’s intent and meaning. In oral

communication, gestures, word stress, and intonation serve as “punctuations” to

help the listener better understand what the speaker is saying. As in gestures,

one must not punctuate beyond what is necessary. Good punctuation does not

call attention to itself.

II. RULES

A. PERIOD – The period is the most common punctuation mark. It is one of thethree terminal punctuation marks (i.e. generally used to end a sentence),

together with the question and exclamation marks.

1. A period is used after a statement, command, or request.

You are forbidden to spit in public.

2. A period, not a question mark, is used in an indirect question.

The judged asked if I have other witnesses.

3. Period is used after initials and most abbreviations. However, periods are

not required in the abbreviations of well-known organizations.

p.m., C.O.D., Capt., J.B.L. Reust

UN, YMCA, SC, SCRA

4. If an abbreviation with a period comes at the end of the sentence, only

one period is used.

5. If a request or command is courteously phrased as a question, a period,

and not a question mark, must be used. This rule is particularly true if no

reply is expected.




Would you be so kind as to convey my greeting to your sister.

Will you please tell your client to stop calling me at night.

B. EXCLAMATION POINT – Exclamation marks are almost never used in

formal legal writing. As these marks suggest intense emotions, a formal legal

writer is cautioned against using them. Otherwise, the material will appear

highly subjective without being persuasive.

C. QUESTION MARK – Question marks are among the three terminal

punctuation marks. There are instances, however, when they appear in the

middle of a statement such as to express uncertainty.

1. Direct questions end with the question mark.

Is there justice here? (direct question = question mark)

The defendant asked if we paid the mediation fees. (indirect

question = period)

2. Sentences in declaratory form but which have interrogatory meaning end

with a question mark (reason: it is the sense, not the form that counts)

You submitted your Memorandum yesterday?

Note: In like manner, sentences in question form but which are

courteously phrased requests do not end with question marks but with

periods.

3. Interrogatory tags after a declaratory sentence end with question marks.

You are lying , aren’t you?

4. Multiple interrogatory endings in a single sentence are each followed by a

question mark. The beginning letter following a multiple ending is not

capitalized.

Whose duty is it that lower court records are transmitted to the

Court of Appeals on time? the lower court judge? his court staff?

or the appellant?

D. COMMA – Generally, there are two uses of the comma: the single comma is

used to separate while the double commas are used to set off clauses that

interrupt the normal order of the statement. For most, the comma is the most

troublesome punctuation mark. Its overuse or underuse has caused more

mischief in law than the other punctuation marks combined. Proper use of




the comma is thus important to help the reader get through the material the

way it was intended and avoid misreading the sentences.

SINGLE COMMAS

1. Independent clauses

When independent clauses (i.e. contains a subject and predicate; it can

stand on its own) are joined by a coordinating conjunction (and, or, for,

nor, yet, so, but), the comma is placed before the conjunction. These

conjoined clauses form a compound sentence. The comma is generally

used in longer sentences. But in short compound sentences, the comma

is dispensed with.

Long compound (needs a comma) – The plaintiff wanted to implead

Ms. Santos as defendant, and he wanted the case heard before the

city fiesta.

Short compound (does not need a comma) – The defendant

shouted and hit the table.

a) A compound sentence (i.e. consists of two independent sentences)

must be distinguished from a simple sentence with a compound

predicate (i.e. one subject with two or more predicates).

Compound sentence (needs a comma) – The law students had

elected their Chancellor, and they will party at The Century Hotel

tonight.

Simple sentence with compound predicate (does not need a

comma) – The law students had elected their Chancellor and will

party at The Century Hotel tonight.

b) Another way to join independent clauses is with the semicolon. This

way, one need not use the conjunction.

The mediator talked with the plaintiff in the morning; in the

afternoon, he spoke with the defendant.

2. Introductory element or phrase

A comma is used after an introductory element or phrase. This may be aword (however, fortunately, first, soon, obviously), a phrase (being blood

relatives, in fact, very soon), or a dependent clause (at the time of the

incident, with the preparations all geared up for a warm welcome,

speaking to the defendant).




After eating his breakfast in a nearby cafeteria, the judge

proceeded to his chambers.

a) Introductory participial phrase

Riding on the mountain bike, I realized the beauty of the city’s

barangays.

b) Introductory prepositional phrase

On the advice of my counsel, I ask you if we could talk about this

thing.

c) Introductory infinitive phrase

To give his children college education, the defendant worked on

double shifts.

d) Introductory adverb phrase

Although ailing, the defendant managed to answer the questions

correctly.

In this statement, no comma is needed since the infinitive is the subject tothe sentence: “To give his children college education is the defendant’s

lifelong dream.”

If the introductory phrase is very short (not more than three words), the

writer is given the discretion whether to use the comma or not. Either is

acceptable. One may or may not place a comma depending on how one

wants his sentence to sound.

Very soon the defendant will rest his case. orVery soon, the defendant will rest his case.

3. Transitional words

If transitional words (moreover, therefore, thus, furthermore, etc.) appear

at the beginning or in the middle of the sentence, commas must be used.

The evidence of the defendant is convincing, therefore, we have

decided to withdraw.My advice, thus, is to intervene.




4. Interrogatory tags

Interrogatory tags after a declaratory statement are separated by a

comma. This is particularly true when the subject of both the statement

and the question is the same person or thing.

The judge is the Rotary President of the district, isn’t he?

But when the subjects of the first statement and the question are different,

the two sentences are expressed separately.

I am planning to attend the IBP National Convention this year.

Aren’t you?

5. Coordinate adjectives

Coordinate adjectives are two or more adjectives that equally modify a

noun. These adjectives must be separated by commas.

The defendant chose to wear his most colorful, traditional outfit in

court.

6. To avoid ambiguity

Use a comma to separate words or figures to avoid being misunderstood.

In 1991, 6,000 people perished in that Ormoc flood.

DOUBLE COMMAS

Double commas set off words or clauses that interrupt the normal order of the

sentence. Unless such word or clause comes at the beginning or end of thesentence, a second comma must be used.

Here are your documents, Mr. Bond.

Here are your documents, Mr. Bond, and be sure to read them all

tonight.

Double commas are used to set off:

1. Parenthetical expressions

These are words or phrases that give additional meaning but are only

incidental to the main thought of the sentence. If parenthetic expressions

appear in the middle of the sentence, double commas are used.




Judges, just like any human, may be tempted to overlook facts out

of pity.

Mario Cruz, Ph.D., is our guest speaker.

Also, legal citations within a sentence are parentheticals that must be set

off by commas.

In Lu v. Manipon, 381 SCRA 788, registration is not equivalent to

title. It merely confirms but does not confer ownership.

2. Contrasting expressions

Double commas are used if the contrasting expression (i.e. introduced by

not, but not, but, although, not, though, not usually, etc.) appears in the

middle of the sentence. Otherwise, only one comma is used (i.e. when

these expressions appear in the beginning or end).

The plaintiff, but not his wife, is predisposed to settle.

3. Appositives

An apposition or appositive is a word or phrase placed beside another to

add to or explain the first. Usually, appositives are preceded by such as,

or, especially, particularly, etc.

Jose, Mario’s older brother, is here.

Oryza Sativa, more commonly known as rice, is the chief product of

the province.

Appositive adjectives are likewise set off.

The bus, old and dilapidated, still transports passengers.

However, single word appositives are not set off with commas.

My brother Nate was here.

4. Nonrestrictive elements

A nonrestrictive element is a phrase that modifies part of the sentence but

which phrase is not essential to the overall meaning of the sentence.

Nonrestrictive elements are set off with commas, while restrictive oressential phrases do not need commas.

The class, which meets at the seventh floor, has invited Professor

Cruz.




(Nonrestrictive phrases usually start with which, who, although,

though)

The class that meets at the seventh floor has invited Professor

Cruz.

(Restrictive or essential phrases usually start with that, when,

because, before, while, if)

To test whether the clause is nonrestrictive or not, try taking away the

clause. If the meaning changes or the sentence becomes less

understandable, the information is restrictive. Hence, no comma is used.

Otherwise, the clause may be set off by commas.

5. Interrupting words or phrases

If terms of direct address (e.g. sir, madam, my dear) interrupt a sentence,

they must be set off with commas.

The proposal, Your Honor, aims to give housing to the landless.

6. Quotation

Commas are used to set off quotations, unless the quotation is only one

word. Note that the comma precedes the quotation mark.

“Your case,” the mediator informed, “is given a 30-day extension.”

The mediator said, “Your case is given a 30-day extension.”

But a partial quotation that is part of the sentence is not set off by

commas.

The mediator said that he is giving the parties a “30 -day extension.”

E. SEMICOLON – A semicolon is not a colon at all. It has the force of a “strong

comma” or “weak period,” separating the parts of the sentences, or joining

sentences without need of a conjunction.

1. Strong comma

As strong comma, a semicolon separates portions of a sentence of equal

rank if the other parts are divided by commas.

We have branches in Lipa City, Batangas; Los Baños, Laguna; and

Dasmariñas, Cavite.




2. Weak period

A semicolon joins two independent clauses without a conjunction.

Nevertheless, a period may be used instead of the semicolon.

Visitors visit; guests are invited. or

Visitors visit. Guests are invited.

If the independent clauses are joined by transitional expressions (e.g.

indeed, that is, for instance, thus, in fact, for example, therefore, however,

furthermore, as a result, at last, at least, on the contrary, etc.), a semicolon

may be placed before the transitional word or phrase, and put a comma

after it.

The Court of Appeals granted appellant’s motion for extension of

time to file his brief; as a result, he had more time to research on

precedents.

F. COLON – This is the punctuation mark of anticipation. It means something

will follow.

1. Introducing long quotations or any formal matter

The colon is used to introduce block quotations, laws and rules as well as

set off the speaker’s name in transcripts of court proceedings.

Section 6, Rule 1 of the 1997 Rules on Civil Procedure mandates:

These Rules shall be liberally construed in order to promote

their objective of securing a just, speedy, and inexpensive

disposition of every action and proceeding.

The accused stood, his head bent, and said: “guilty.”

Atty. Cruz: Do you know defendant’s elder brother?

2. Introducing a series

A colon is used to introduce a series, summary and elaboration. The

clause introducing them must be a complete sentence in itself.

The Molina case identified three elements to establish

psychological incapacity: juridical antecedence, gravity and

incurability.




She and I could have made a perfect couple save for the absence

of one thing: marriage.

My son’s final grades jumped many points in his major subjects:

from 85 to 90 in Filipino, 86 to 92 in English, and 84 to 90 in Math.

Misuse of the colon: The colon should not be used to separate the verb

from the object, or the preposition from its object

Our witnesses are: Eric, Ronald, and Alfredo.

We are going to look for the documents in: the court, the notary

public’s office, and the Bureau of Archives. #

Documents

Part 4 Punctuation