February 13, 2015
Scribes Grammar Tip No. 46: Grammar Knowledge Is Essential
Grammar
is critical not only because it enables individuals to write coherently
but also because it is used to assess the meaning of what others such
as legislatures and contracting parties write. Thus, courts "begin by
looking to the express language of the statute, construing words and
phrases according to grammar and common usage." Jefferson Board of Equalization v. Gerganoff,
241 P.3d 932, 935 (Colo. 2010). Courts are required to follow elemental
rules of grammar for a reasonable application of the legal rules of
construction. General Fin. Services v. Practice Place,
897 S.W.2d 516, 522 (Tex.App. 1995). Courts employ traditional rules of
grammar in discerning the plain language of the statute. State v. Bunker, 189 Wash.2d 571, 578, 238 P.3d 487, 491 (2010)
Naturally, every rule has a countervailing rule. "Indeed, justice should not be the handmaiden of grammar." Value Oil Co. v. Town of Irvington,
152 N.J. Super. 354, 365, 377 A.2d 1225, 1231 (N.J. Super. 1977),
aff'd, 164 N.J. Super 419, 396 A.2d 1149 (App.Div.1978), citing Minor v. The Mechanics Bank of Alexandria, 26 U.S. 46, 7 L.Ed. 46 (1828); accord, Federal Communications Comm'n v. AT&T Inc., ___ U.S. ___, 131 S.Ct. 1177, 1181-82 (2011).
In
the end, only an attorney who knows the rules of grammar completely can
find the persuasive right answer through the effort to interpret a
difficult writing.
Authored by Ann Taylor Schwing
Copyright (c) 2015 Scribes -- The American Society of Legal Writers
[reproduced with permission]
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