Legal Method and Writing

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Active Voice

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Legal Method and Writing

Definition

Active voice is a grammatical structure where the subject of the sentence performs the action, making the writing clear and direct. This style enhances readability and engages the reader, as it emphasizes the subject's actions rather than the actions being performed on the subject. Using active voice is particularly important in legal writing, as it creates a sense of authority and clarity.

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5 Must Know Facts For Your Next Test

  1. Active voice tends to be more straightforward and engaging than passive voice, making it easier for readers to grasp complex legal concepts.
  2. In legislative drafting, using active voice helps ensure that statutes are clear about who is responsible for specific actions or obligations.
  3. Persuasive legal writing relies on active voice to create a stronger emotional impact and persuade the reader of a particular viewpoint.
  4. The ALWD citation manual emphasizes the importance of clarity and directness in legal writing, which active voice supports.
  5. Using active voice reduces the likelihood of ambiguity, as it clearly identifies the actor in the sentence and their action.

Review Questions

  • How does using active voice improve clarity in legal documents?
    • Using active voice improves clarity by ensuring that the subject of the sentence is performing the action directly, making it immediately clear who is responsible for what. This direct structure allows readers to easily understand their rights and obligations without having to decipher complex sentence structures. In legal writing, clarity is crucial because misunderstandings can lead to significant legal consequences.
  • Discuss how active voice contributes to persuasive legal writing strategies.
    • Active voice contributes to persuasive legal writing strategies by creating a sense of urgency and authority. When writers use active constructions, they present their arguments with confidence, which can be more convincing to readers. This approach allows for stronger emotional engagement and can better highlight key points, making it easier for the audience to follow and accept the writer's perspective.
  • Evaluate the implications of using passive versus active voice in legislative drafting and its effects on law interpretation.
    • Using passive voice in legislative drafting can lead to ambiguity and confusion about responsibilities, as it often obscures who is acting. This lack of clarity can complicate law interpretation and enforcement, as stakeholders may struggle to identify their obligations or rights. In contrast, employing active voice helps establish clear responsibilities within statutes, promoting better understanding and compliance among those affected by the law. Ultimately, this clarity can enhance effective governance and reduce disputes regarding legal obligations.
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