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Drafting Legislative, and Rule Drafting in Plain English

ISBN-10: 0314153012
ISBN-13: 9780314153012
Edition: 2005
List price: $48.00
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Description: Shows students how to draft legislation and rules in a wide variety of jurisdictions. The term "legislation," is broadly interpreted to include constitutional provisions, charters, statutes, and ordinances as enacted by referendum or a legislative  More...

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Book details

List price: $48.00
Copyright year: 2005
Publisher: West Academic
Publication date: 7/14/2005
Binding: Paperback
Pages: 164
Size: 7.25" wide x 9.75" long x 0.50" tall
Weight: 0.792
Language: English

Shows students how to draft legislation and rules in a wide variety of jurisdictions. The term "legislation," is broadly interpreted to include constitutional provisions, charters, statutes, and ordinances as enacted by referendum or a legislative body. This book is equally applicable to rules and rulemaking by federal, state, and local governmental agencies responsible for health, welfare, education, water and sewer, transportation, zoning, and planning.

Foreword
Preface
Poor Legal, Legislative, and Rule Drafting: The Problem and the Cure
The Causes of Poor Legal Drafting
Endnotes
How to Improve the Quality of Legal Drafting: The Relationship Between Style and Substance
Endnotes
Setting the Stage
Finding Out What the Client Wants and Translating Those Desires Into a Legal Document
Collaborative Process
Drafter as Architect, Builder, and Journalist
Know the Law
Know the Audience
Determine the Goals of the Client
Prepare a Plan
First Draft and its Revisions
Show the Draft to Colleagues
The Final Draft
Endnotes
Use of Forms
Forms in General
A Warning
What is Wrong With Forms
How to Use Forms
Endnotes
Drafting Principles
Concentrate on the Who and the What
The Who-The Actor
Use the Singular
Identify the Actor
Use Articles as Modifiers
Use "A" or "An" Rather than "Any," "Each," "Every," or "No"
Use "The" Rather than "Such" or "Said"
Limit the Use of Pronouns
List or Characterize Multiple Actors
Save the Negative for the Action
Endnotes
The What-The Action and Object or Complement
The Action
Use Active Voice
Use Base Verbs
Use the Present Tense and the Indicative Mood
Use "Shall" Only to Impose a Duty to Act
Use "May" to Grant Discretion or Authority to Act
Use "May Not" to Prohibit an Action
Use the Positive Rather than the Negative
Use Tabulation for Multiple Actions
The Object of the Verb or the Complement of the Actor
Endnotes
General Rules
Use Only Necessary Words
Introduction
Identify Working Words and Glue Words
Avoid Compound Constructions or Expressions
Avoid Redundant Legal Phrases
Use Common Words
Avoid Lawyerisms (Legalese)
Be Consistent
Use Short Sentences
Arrange Words Carefully
Tabulate to Simplify
Punctuate Properly
Definitions
Conditions, Exceptions, and Provisos
Conditions
Exceptions
Provisos
Penalty
Creation of an Agency, Entity, or Office
Cross References
Numbers, Dates, Time, and Age
Numbers
Dates
Time
Age
Capital Letters
Hyphens
Endnotes
Ambiguity, Vagueness, and Generality
Importance of Understanding What They are and the Differences Between Them
Ambiguity
Confusing Ambiguity With Other Drafting Problems
Vagueness
Generality
Distinguishing Between Vagueness and Generality
Eliminating Ambiguity, Unintended Vagueness, and Over and Under Generality
Endnotes
Distinctive Aspects of Drafting Legislation
The Legislative Process
Importance to Drafter
Sources of Proposed Legislation
The Legislative Process
A Diagram of the Formal Legislative Process
Endnotes
Legislative Drafting Process
Most Difficult Form of Drafting
Know the Policy Objective of the Client
Understand the Political Nature of the Task
More Than a Scribe
Deliberate Vagueness and Generality
Time Pressure
Placement of the Legislation
Use of Model Legislation, Previously Introduced Bills, and Other Enactments as Drafting "Forms"
Prepare a Plan, First Draft, and Revisions
Use a Checklist, and Write and Annotate a Digest of the Proposal
Show the Draft to Colleagues, Revise Draft, Prepare Final Draft
Endnotes
Statutory Construction
The Definition of Statutory Construction
Relationship Between Statutory Construction and Legislative Drafting
The Purpose of Statutory Construction
Approaches to Statutory Construction
Internal Aids to Construction
When the Courts Use External Sources
External Sources
Endnotes
Organization and Subdivision of a Bill
Introduction
Arrangement
Identifying Prefix and Number
Federal
State
Designation
Title
Enacting Clause
Short Title
Statement of Purpose, Policy, or Findings
Section that Adds, Amends, Repeals, Reenacts
Repeal Section
Substantive Provision
Emergency or Urgency Clause
Severability Section
Saving Section
Temporary or Implementing Provisions
Effective Date
Organization of Substantive Provisions
Definitions
Public
Administration
Sanction or Remedy
System of Subdivision
Formal Requirements and Limitations
Introduction
Federal
State
Designation
Title
Enacting Clause
Single Subject
Text of Amended Statute
Other Restrictions on Content
Local Legislation
Endnotes
Distinctive Aspects of Drafting Administrative and Court Rules
Administrative Rules
Introduction
Types of Rules and Rulemaking
Initiating the Rulemaking Process
Procedural Requirements for Informal Rulemaking
Federal APA Requirements
Exceptions From APA Procedural Requirements
Delegation and Discretion
Rulemaking by Guidance and Policy
Executive and Legislative Checks on Rulemaking
Executive
Federal
State
Legislative
Federal
State
Conclusion
Endnotes
Court Rules
Subject Areas
Authority
Process
Endnotes
Drafting Examples
Index

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