We made a determination We determined We will make a distribution We will

We made a determination we determined we will make a

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We made a determination We determined ... We will make a distribution ... We will distribute ... We will provide appropriate information to shareholders concerning We will inform shareholders about We will have no stock ownership of the company. We will not own the company s stock. There is the possibility of prior Board approval of these investments. The Board might approve these investments in advance. NOMINALIZATION
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Text with hidden verbs Plain Language revision Shareholders will be notified of the commencement of the offer. Shareholders will be notified when the offer commences . If there is a refusal by the Court to... If the Court refuses to... The SFC must grant permission ... The SFC must permit ... The director made the statement in reliance upon... The director relied on... The shareholders have passed a resolution ... The shareholders have resolved ... Payment will be made by the purchaser The purchaser will pay ... TEXT WITH HIDDEN VERBS
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Negative Positive did not follow rules disobeyed was not present absent not guilty innocent could not remember forget not too many few did not show dissatisfaction satisfied not unlike like PREFER THE POSITIVE FORM
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Traditional writing uses masculine pronouns like he or his to refer to both men and women. Gender-neutral language, on the other hand, uses he or she, his or her, he/she, and his/her. USE GENDER-FREE LANGUAGE Traditional use of masculine pronoun: Gender-neutral language: Gender-free language: The borrower who is not prompt in making the payments due under his mortgage risks losing hishome through a foreclosure procedure. The borrower who is not prompt in making the payments due under his or hermortgage risks losing his or her home through a foreclosure procedure. Borrowers who are not prompt in making the payments due under their mortgages risk losing their homes through foreclosure procedures.
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Avoid sexist language such as The weaker sex , a manly effort , one of the boys The word chairman is politically incorrect. Use chairperson instead. USE GENDER-FREE LANGUAGE
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It refers to legal speak or language that is filled with a whole lot of legal terminology and scholarly/academic words, phrasing, and terms A style of writing used by lawyers that is incomprehensible to ordinary readers. The specialized language of the legal profession. Language containing an excessive amount of legal terminology or of legal jargon. LEGALESE
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Legalese violates nearly every principle of good writing. ~ Mark S. Matthewson Will Rogers, famous American comedian, on the way lawyers write: The minute you read something and you can t understand it, you can almost be sure that it was drawn up by a lawyer. Then if you give it to another lawyer to read and he doesn t know just what it means, why then you can be sure it was drawn up by a lawyer. If it s in a few words and is plain and understandable only one way, it was written by a non-lawyer. AVOID LEGALESE
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Formalisms , such as comes now, aver Archaic words , such as hereby, heretofore, forthwith, henceforth, notwithstanding Redundancies , such as each and every, merge together, early beginnings , blatantly obvious, false pretenses Latin words , such as per curiam, sui generis, ex contractu, arguendo, prima facie Legal terms , such as gravamen, actionable, alienable, chattel, decedent, larceny, malfeasance ELEMENTS OF LEGALESE
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  • Fall '19
  • Gilbert R. Huafana

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