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Exercise 1-2
Change the sentences that are passive to active.
1. An answer must be filed within twenty days after the filling of the complaint.
2. A plaintiff must file a reply to a counterclaim.
3. Affirmative defenses must be raised in the answer, or they are waived.
4. The crime was committed by John Smith, who had formerly been Susan's client.
5. Although she had never met Judge Smith, she felt she knew him from the many stories
John had told about his experiences in Judge Smith's court.
6. The verdict was read by the clerk.
7. Mary's argument was not understood by the judge; nevertheless, she ruled in favor of
Mary's client.
8. For these reasons, the defendant's motion should be denied.
9. The defendant should have asserted the counterclaim in the prior action.
10. The judgement was enforced in Kentucky pursuant to the Uniform Enforcement of
Judgements Act.
11. The play was presented by the Community Theater.
12. Christ was played by Mark.
13. Volunteers made the scenery from old boxes.
14. Shucks provided the lighting, and the music was performed by the community
orchestra.
15. The play was enjoyed by everyone, especially the performance of Brad Danner who
played John the Baptist.
16. The accident was seen by many people.
17. Five arrests were made by the police.
18. The testimony was inadmissible.
19. The testimony was ruled inadmissible by the court.
20. After the end of exams, a party was held by the law students.
21. I was invited to the party by Tom.
22. The State of the Union Address was read by the President.
23. John Jones appeared in thirty movies; his brother John, in fifteen.
24. After law school, a job was obtained by Susan at the District Attorney's office.
25. For these reasons, summary judgement should be rendered for the defendant.
Exercise 1-3
Edit the following passage to eliminate passive constructions.
The feature paper was presented by John Smith. He argued that capital punishment is
wrong because it is not applied uniformly by the state. Minorities and the poor are
sentenced to death more frequently than whites or the rich. In addition, proper legal
counsel often cannot be afforded by the poor. The only way these inequalities can be
eliminated is for capital punishment to be abolished by our legislatures.
Exercise 1-4
Write a short essay (minimum 2 pages, maximum of 3 pages) on the topic: What do you
expect to gain from Advanced Legal Writing?
Eliminate as many passive sentences as possible.
Exchange with your chosen partner and edit each others work. The redline version
should be submitted to the Professor.
18. The tailor made alterations in the pants but not in the coat.
19. Mary made a cut in her paper to keep it under twenty pages.
20. Minorities caused the election of the mayor.
Exercise 1-6
Look for nominalizations in a paper you have recently written or in the newspaper.
Exercise 1-7
Use the techniques of this chapter to edit the following passage.
The occurrence of the accident was at Fifth and Main. At approximately one-fifteen, a
white Mustang was smashed into by a red Toyota. Although it was determined by the
police that the Mustang was speeding, their conclusion was that the cause of the accident
was a failure of the Toyota's brakes. Badly worn brakes were found by the investigators
in the Toyota. The driver of Toyota was issued a citation by the police. Otherwise, no
charges were filed by the police, probably because no one was injured and property
damage was minimal.
III. Don't Overuse the Verb "To Be."
The verb "to be" is the most common verb in the English language. However, overuse of
"to be" can make your writing sound weak. Consider the following paragraphs:
Example.
Martha is a lawyer in a large New York law firm. She is one of the brightest
young lawyers in the firm. Her area of practice is employee benefits, and her boss is
Mary Smith. Martha is happy with her job.
Martha works in a large New York law firm. She is one of the brightest young
lawyers in the firm. She practices in the area of employee benefits, and she works for
Mary Smith. Martha enjoys her job.
The first version is choppy and dull because of overuse of the verb "to be.". The second
version contains more verb variety and sounds better. It is not wrong to use the verb "to
be"; it is wrong to overuse it. The same applies to "to have."
Exercise 1-8
Change the "to be" or "to have" verbs in the following sentence to active verbs.
1. John is a lawyer.
2. Laura's home is Lexington, Ky.
3. Professor Smith has an old Datsun.
4. Nan has a poodle.