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Presentation for 2 nd AIJA Magistrates Conference Judgment Writing Justice RG Atkinson Justice RG Atkinson
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The Purposes of Writing a Judgment 1. To clarify your own thoughts 2. To explain your decision to the parties 3. To communicate the reasons for the decision to the public 4. To provide reasons for an appeal court to consider
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The Purposes of Writing a Judgment To clarify your own thoughts To clarify your own thoughts To explain your decision to the parties To explain your decision to the parties To communicate the reasons for the decision to the public To communicate the reasons for the decision to the public To provide reasons for an appeal court to consider To provide reasons for an appeal court to consider
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F L A C F L A C
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Structure Ffor facts Ffor facts Lfor law Lfor law Afor application Afor application Cfor conclusion Cfor conclusion
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Style 1. Avoid the use of clichés 2. Be precise and to the point 3. Use the active voice rather than the passive 4. Be particular rather than vague 5. Try not to use language that excludes 6. Use simple and direct prose rather than abtruse wording 7. Avoid obvious errors
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Some Obvious Errors 1. Subjects and verb always has to agree. 2. Make each pronoun agree with their antecedent. 3. Just between you and I, case is important too. 4. Being bad grammar, the writer will not use dangling participles
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Some Obvious Errors 5. Join clauses good, like a conjuction should. 6. Don’t write run-on sentences they are hard to read, you should punctuate. 7. Don’t use no double negatives. Not never. 8. Mixed metaphors are a pain in the neck and ought to be thrown out the window.
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Some Obvious Errors 9. A truly good writer is always especially careful to practically eliminate the too frequent use of many adverbs. 10. In my opinion, I think that an author when she is writing something should not get accustomed to the habit of making use of too many redundant unnecessary words that she does not actually really need in order to put her message across to the reader of what she has written.
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Some Obvious Errors 11. About them sentence fragments. Sometimes all right. 12. Try to not ever split infinitives. 13. Its important to use your apostrophe’s correctly. 14. Do not use a foreign term when there is an adequate English quid pro quo.
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Format of Judgments AIJA Guide to Uniform Production of Judgments AIJA Guide to Uniform Production of Judgments Coversheet Coversheet Standard Format Standard Format Style Guide Style Guide
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Conclusion Fair Fair Clear Clear Interesting Interesting Just resolution of conflict Just resolution of conflict
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