Explanatory parentheticals

Definition

Explanatory parentheticals are brief explanations or clarifications placed within parentheses that provide additional context or information about the primary text. These are particularly useful in legal writing as they help clarify points, cite authority, or explain terms without interrupting the flow of the main argument.

5 Must Know Facts For Your Next Test

1. Explanatory parentheticals can help make complex legal arguments more accessible by breaking down concepts into simpler terms.
2. They often contain citations to authority that bolster the argument being made, adding credibility to the writing.
3. Using explanatory parentheticals can prevent misinterpretation by providing necessary context for specific terms or phrases used in legal discourse.
4. These parentheticals should be concise; lengthy explanations can disrupt the reader's understanding and flow of the text.
5. Effective use of explanatory parentheticals can enhance clarity and persuasiveness in both memoranda and briefs.

Review Questions

• How do explanatory parentheticals enhance the clarity of legal writing?
  • Explanatory parentheticals enhance clarity by providing concise explanations and context directly alongside complex legal terms or references. This helps readers quickly grasp the meaning of specialized language without having to interrupt their reading to seek definitions elsewhere. By integrating these explanations into the text, writers can maintain a smooth narrative while ensuring that critical points are understood.
• Discuss how the strategic use of explanatory parentheticals can affect the effectiveness of a legal memorandum.
  • The strategic use of explanatory parentheticals can significantly improve the effectiveness of a legal memorandum by reinforcing key arguments and ensuring that the reader fully understands the nuances of the law being discussed. By clearly citing relevant cases or statutes within these parentheticals, writers can provide immediate support for their claims. This not only adds credibility but also allows for a more persuasive presentation of legal reasoning, making it easier for readers to follow and accept the conclusions drawn.
• Evaluate the impact of overusing explanatory parentheticals on legal writing, particularly in briefs presented to courts.
  • Overusing explanatory parentheticals can negatively impact legal writing by cluttering text and distracting from main arguments. If too many parentheticals are included, they may overwhelm the reader and hinder their ability to focus on critical points. In briefs presented to courts, clarity is paramount; excessive explanatory notes may cause confusion or irritation among judges who prefer succinct arguments. Therefore, while they serve an important purpose when used judiciously, writers must strike a balance to maintain readability and effectiveness in their submissions.

Related terms

Citation: A reference to a source, such as a case, statute, or secondary authority, which supports a legal argument or assertion.

Legal Memorandum: A document that provides legal analysis, outlining relevant facts, law, and reasoning to assist in decision-making or to communicate findings.

Brief: A written legal document that presents arguments and legal theories to a court, summarizing the pertinent law and supporting cases for a particular position.