Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Skimread:
Scan:
(scanning)
Take time
If you know broadly what you going to read comprehend details more efficientlyskim
Good strategy is to look consciously for patterns as they assist in comprehension
Reading is not a passive activity integrate reading & writing write to learn when you read
B: LANGUAGE FOCUS
Noun
Verb
Adjective
Adverb
human
run
big
soon
Adjective build-up
The uses of several adjectives to describe a noun
Avoid by:
ex
Nominalization
Using nouns where it should be an active verb / adverb / adjective with only one noun
Using of repeatedly/ using vague verbs makes sentence longer
(Vague verbs= put / make / have / give / is)
When you change a verb noun = nominalize the verb
Avoid using nouns to describe nouns.
Short it by: making a verb of the noun that follows the vague verb.
Ex.
The court put emphasis on.. the court emphasized
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C INTEGRATED SKILLS
Corresponding with institutions of learning
A.
MUST GIVE:
student number
Date
Short subject line (capitals / underlined never both)
Dear Sir / Madam or Sir / Madam (if dont know persons name)
Use I would like / I would appreciate / Could you
If handwritten sign & print your name
8 Ring Road
123 Hope town
30 July 2010
XXXXXXXXXXXXXXX
The Registrar (Finance)
Lucky College
PO Box 777
987 Casino City
XXXXXXXXXXXXXXX
Dear Madam/ Sir
XXXXXXXXXXXXXXX
NON PAYMENT OF FEES:
Student 123456789
XXXXXXXXXXXXXXX
I would like to draw your
attention to the fact that
...
XXXXXXXXXXXXXXX
Yours faithfully
XXXXXXXXXXXXXXX
8 Ring Road
123 Hope town
30 July 2010
XXXXXXXXXXXXXXX
Professor R Einstein
Department of Law
PO Box 777777
987 Thinking City
XXXXXXXXXXXXXXX
Dear Professor Einstein
XXXXXXXXXXXXXXX
LATE SUBMISSION OF TASK 1:
Student 123456789
XXXXXXXXXXXXXXX
I would like to appologise that
...
XXXXXXXXXXXXXXX
Yours sincerely
XXXXXXXXXXXXXXX
_________
L Gerber (Ms)
_________
L Gerber
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B.
MUST GIVE:
For whom fax & from whom
Institution & fax no of both persons
Date
How many pgs sending
Not full postal address
Student no.
Number of pages there are
Provide tel number if problem with fax sent
Not
sure if
the
should
be a
space
FAX TO:
Mr D Mina
FROM:
Ms L Gerber
Department of Criminal Law
Onetime L
School
Lucky College
Hopetown
Fax (098) 9876543
Fax (076)
7865432
Tel (098) 9765432
Tel (076)
5768754
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Dear Mr Mina
Request for assistance Assignment 3: student
987654321
I would like to enquire about the reference to
.............
..
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Yours sincerely
XXXXXXXX
X XLecturers
X X X X Xby
XX
XXXXXXXXXXXXXXXX
Communicating
with
email:
________
Start with Dear Prof. XXXXX / Hello John
L Gerber
NB subject line NOT: ex Help!! it should give enough info
987654321GerberL
Prof G Slimjan
Private Law/101: Availability of court case for 13 August
Regards
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B : LANGUAGE FOCUS
1.
Pronouns:
Words that stand in place of / refer to a noun e.g. he, she, it, they, him, her, its, their,you
2 NB points with pronouns:
1. Pronoun must agree with original non (singular / plural / male / female)
2. Try put pronoun as close as possible to noun to which it refers.
Participles
Forms of the verb that can function as adjectives / nouns present / past
A complete sentence must have a subject (thing / person / idea that determines the action / the
verb in the sentence) and a main verb (i.e. is).
=
=
C: INTEGRATED SKILLS
Note making skills: (look at textbook 36..)
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=
=
=
=
versus
Judge of Appeal
Acting judge of Appeal
Judge President
NB place relative pronouns as close to noun as possible otherwise meaning may be lost!
Whom used for a person when that person is the indirect object of the verb
the man whom I gave the book is my brother.
Words to / from / for / at usually indicate pronoun will be whom.
Connectors
Complex sentences:
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3. Divide into short phrases study each phrase for :
Content: what information does it give?
Function: what is its relation / connection to
the rest of the sentence?
C: INTEGRATED SKILLS
Summarizing a case:
ONLY the most NB point
1/10th of original size
To refer back & to refresh your memory of the relevant facts and legal principles
Structure like this:
1. Case Name (short)
2. Facts
3. Legal question
4. Finding
5. Reason(s) for finding (Ratio decidendi)
Ts h a b a l a l a v N a t a l L a w S o c i e t y ( N )
Fa c t s :
Appl employed as candidate attorney from 1 Jul 94 to
10 Jul 95. Service not under article of clerckship as def
in s1 of Attorneys Act 53 of 1979, but pursuant to a
letter of appointment. Appl applied for order that for
purposes of her admission as an attorney the period not
rendered under articles is to be regarded as having
been served under articles of clerkship by virtue of s
13(2) of the Attorneys Act.
Legal Question:
Whether s 13(2) empowers the Court to regularise
services not performed under articles as def in s1.
Fi n d i n g :
No.
R e a s o n f o r fi n d i n g : ( R a t i o n D e c i d e n d i )
The language of the subsection is clear and
unequivocal: it is regular service as a candidate
attorney that the Court may regularise and not irregular
s e r v i c e g e n e r a l l y.
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Short answer
present tense
our concern here is
present tense
M must show
past tense
The court ruled that
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Break it up into more understandable parts (ensure you know what each part means)
Use certain words as markers
A dash (-) is used to break the flow of the sentence & normally followed by a qualification of
whats been said before / description / explanation
EXAMPLE:
78. A person
who commits an act
which constitutes an offence,
and who at the time of such commission suffers
from a mental illness or mental defect
which makes him incapable
(a) of appreciating the wrongfulness of his act;
or
(b) of acting in accordance with an appreciation of the wrongfulness of his act
shall not be criminally responsible for such an act.
B: LANGUAGE FOCUS
Language used in acts
Formal
Passive = regular feature in formal / impersonal text try not to overuse the passive voice
(can make your writing longer than it should be)
Example: The Supreme Court or maintenance court can be approached at any time
to claim maintenance for ones children. (passive) not clear who can.
You can approached the High Court to claim maintenance for your
children. (active)
C: LANGUAGE FOCUS
Paraphrasing rewrite a section of a text in your own words
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Only repeat the essence of what is said in your own words
Referring to acts & statutes
Suggested that you use full title of act (incl. number) when referring to it for the first time
Always give full reference in formal documentation (i.e. term paper)
Abbreviate title of act in an exam / when make subsequent reference to it
Always provide year act was promulgated more NB than no. of act.
Footnotes number of act could be given!
Important to know different components of an act because these have different functions that
EXAMPLE:
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Act approved:
11 April 2006
Long title:
It explains the
purpose of the act.
Definitions:
To explain difficult /
Technical terms or
Comprehensive phrases
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Definitions / Definition
Clause:
Technical & difficult
terms / comprehensive
phrases contained in the
Act are explained.
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Subsections
Sections
Paragraphs
Sub paragraphs
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Short title:
the
Electronic
Communicat
ions Act,
2005.
B: LANGUAGE FOCUS
Modal verbs
Can / could / may / might / will / would / shall / should / need / must / ought to
always before main verb
slightly change meaning of verb
Used to express obligation / possibility / willingness / ability / permission / necessity
Shall has more / less same meaning as must but is much stronger
Often used in statues to indicate that upon the completion of a certain conditions, something is
brought about.
indicate command, obligation, duty
can make passive sentence with a modal verb:
ex. They will send you to jail. (active) You will be sent to jail. (Passive)
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C: INTEGRATED SKILLS
Argumentative writing
Example
In this assignment / essay I (will) argue that / discuss the following / describe the
problem of (you tell reader what you are going to do and at same time gain
clarity in your mind about what you intend on doing)
OR
YOUR FIRST PARAGRAPH MUST SAY WHAT YOU ARE GOING TO DO!!
STEP 2: organising facts, opinions & sources (look @ pg 154)
You will probably use some of these subheadings:
1. The problem
2. State of affairs in legislation
3. State of affairs in latest court decisions
4. Arguments by academic writers
5. Justification for a specific point of view
6. Conclusion
Understanding the problem do you demonstrate a grasp of the problem in the context of the
specific subject?
Appropriate conclusion
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Can also quote things in support of opinions (i.e. offer factual evidence for opinion).
Generally people are more formal when expressing opinions in writing.
Basic elements of an argument
Present facts
Express opinions
Support facts and opinions
B: LANGUAGE FOCUS
Word formation
Words have a dictionary meaning & an emotional meaning words have an effect on readers /
listeners that can be positive / negative = connotation of words.
Mostly fixed connotation = love / peace / home (home can have negative connotation as well)
Generally words ending in -ism / -ist have negative connotations because they indicate extreme
point of view / exaggerate a belief.
Words ending in -ese generally describe a use of language specific domain i.e. legalese = use of
legal language.
Expressing opinions
The expression of opinions, requests and apologies can be made more formal and less direct by using
these techniques:
1. Use impersonal forms
one instead of you / we
2. Use auxiliaries
would / could / might / should
3. Use mitigators (softeners) perhaps / somewhat / possibly / please
4. Use the question form:
Dont you think you might be overreacting?
example Id be careful if I were you! (direct opinion)
more formal/ less direct One should perhaps take more care.
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General neutral language
Be aware of the power of language used and ability of that language to affect peoples lives & their
perception of justice and equality.
Quoting and Reporting Speech
Rules:
1. If discussing varying points of view expressed by academics in textbooks / journals
quote in present tense the words and point of view / theory they represent are on the
page they exist in present.
2. To Report words actually spoken follow rules of reported speech:
Example The defendants real words are I was unaware of the existence of a contract
When you report the words: The defendant contended that he had been
unaware of the existence of a contract Was becomes had been.
3. Court decisions past tense report of verbal proceedings in court room.
4. Discussions & reviews of cases often use words like conclude / allege indicate stage of
court proceedings and function of a specific speech.
Know the meaning of the words to be able to report speech correctly.
EXAMPLE stated / cited / quoted / allegation / claim / reported / held / considered
NB Law principles are always in PRESENT TENSE
C: INTEGRATED SKILLS
An argument
Consists of opposing views you must make quite clear which points you are arguing for and
which against
Consists of logical links expressed in words (because / however / but)
Makes use of statements, questions & conditions to move forward and not in circles / from one
irrelevant point to the next!
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Using plain language provides clarity for legal profession and its clients
Documents should be user-friendly
Its cost effective to write clear legal documents
More democratic to write legal documents in plain English
Unintelligible legal jargon should be avoided
B: LANGUAGE FOCUS
Articles
Prepositions
after / at / before / on / since / to / until time
across / along / at / below / behind / by / on place
Into / between / from / up
C: INTEGRATED SKILLS
Simplifications of complex language
1. Break up long, complicated sentences shorter, simpler ones
2. Substitute difficult words words that are easier to understand
3. Redundancy use of too many words to convey something or an excess of words to convey
something that could have been said better in less words attempt to correct redundancy.
4. Avoid sexist lanhuage
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If it can be determined attitude enables you to decide how to regard that which you
are reading.
Perspective from which writer / speaker presents his / her material determines way
you view what is written where he/she presents only his / her personal point of
view / where he/she tries to remain neutral towards what he/she is writing about.
Most important element it is the reason for writing! May aim to amuse / inform /
criticise / provoke an action.
Manipulation language
Tone:
Emotion:
All above aspects can overlap with on another or are not always present in equal degrees in all texts!
B : LANGUAGE FOCUS
Structure of contrast
Structures of Contrast:
Connect two ideas that are in opposition: (but, despite (never followed by of), in spite
(always use with of), yet, however, even so, nevertheless)
Structures of Reason:
Connect two ideas = one is the cause (reason why something occurs / exists) and the other is
the result (consequence of something occurring / existing): because / since / as / on account
of / for
(main clause)
+ (linking word) +
( reason clause)
Note:
Use a comma only when you use for. Its possible to swing the sentence around and
introduce it with as / since / because cannot do this with for. For is often used with a
verb ending in an ing.
Structures of Purpose
To introduces the reason for / intention behind an action / event
(main clause)
+ (linking word) + (clause of purpose)
As to / in order that / because / in case / so that ( both reason & purpose ) used in same way
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C: INTEGRATED SKLLS
Constructing counter arguments
When you counter someones argument you need to attack both the thesis and the evidence
using structures of reason, contrast & purpose.
Example : textbook page 203 Filthy Lucre- by Ronge
(Statement)
We are, in general, living in a society in which the only clear sign of concentrated intellectual activity
has been the variety and complexity of the scams it has produced.
(Evidence)
False academic qualifications, bogus passports, auctions of Matric exam papers
(You can counter the statement by making your own statement)
This society has demonstrated its world-class intellectual vigour in highly respected areas.
(or by attacking the writers own words)
Ronges words in general expose the gross over-generalization and pessimistic view he has of our
society.
(then you can provide evidence for your statement)
South Africa has set the example for the world when it launched and successfully concluded the Truth
and Reconciliation Commissions work.
NB
analyse an argument & plan the counter argument by including the original statement & evidence.
Look for weak aspects of the evidence, introduce new evidence , the come to a conclusion.
When you must write an essay-type question (which you will) which requests you to argue for / against
something.
KEEP IN MIND:
1. Plan essay make a rough scheme outlining your argument
2. Intro
+
Body & subheadings
+
Conclusion
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Now in detail:
Breaking down the question
your method
happiness
motor vehicle
water cycle
its usually about the work youve covered make sure to circle them
limits / formal requirements
of the question
NB: YOUR EFFORT MUST MATCH MARKS dont lose unnecessary mark
earn marks by fulfilling demands of the question
YOUR TIME IS NB: In exam take into account
time allowed
important questions / sections
reading time
revising time
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Purpose
Determine how your writing will affect your content and style.
Purpose refers to
affect of your writing on the audience
response you want to get (physical / mental)
goal / result your aiming for
One you know your audience & your purpose, choose appropriate
Words
Sentence length / type
Paragraph length / type
NB. SENTENCES MUST FLOW LIKE A STORY
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a computer file
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create links between paragraphs to flow from 1 to the other (page104 Study Guide)
decide what you will say in intro & conclusion
it MUST have:
paragraph breaks
topic sentence
cohesion within paragraphs
cohesion between paragraphs
conlusions
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