Presentation for 2nd AIJA Magistrates Conference

Judgment WritingJudgment Writing

Justice RG AtkinsonJustice RG Atkinson

The Purposes of Writing a Judgment

1.1. To clarify your own thoughtsTo clarify your own thoughts

2.2. To explain your decision to the partiesTo explain your decision to the parties

3.3. To communicate the reasons for the To communicate the reasons for the decision to the publicdecision to the public

4.4. To provide reasons for an appeal court to To provide reasons for an appeal court to considerconsider

The Purposes of Writing a Judgment

• To clarify your own thoughtsTo clarify your own thoughts• To explain your decision to the partiesTo explain your decision to the parties• To communicate the reasons for the To communicate the reasons for the

decision to the publicdecision to the public• To provide reasons for an appeal court to To provide reasons for an appeal court to

considerconsider

F L A CF L A C

Structure

FF for factsfor facts

LL for lawfor law

AA for applicationfor application

CC for conclusionfor conclusion

Style

1.1. Avoid the use of clichésAvoid the use of clichés

2.2. Be precise and to the pointBe precise and to the point

3.3. Use the active voice rather than the passiveUse the active voice rather than the passive

4.4. Be particular rather than vagueBe particular rather than vague

5.5. Try not to use language that excludesTry not to use language that excludes

6.6. Use simple and direct prose rather than abtruse Use simple and direct prose rather than abtruse wordingwording

7.7. Avoid obvious errorsAvoid obvious errors

Some Obvious Errors

1.1. Subjects and verb always has to agree.Subjects and verb always has to agree.

2.2. Make each pronoun agree with their Make each pronoun agree with their antecedent.antecedent.

3.3. Just between you and I, case is important Just between you and I, case is important too.too.

4.4. Being bad grammar, the writer will not Being bad grammar, the writer will not use dangling participlesuse dangling participles

Some Obvious Errors

5.5. Join clauses good, like a conjuction should.Join clauses good, like a conjuction should.

6.6. Don’t write run-on sentences they are hard Don’t write run-on sentences they are hard to read, you should punctuate.to read, you should punctuate.

7.7. Don’t use no double negatives. Not never.Don’t use no double negatives. Not never.

8.8. Mixed metaphors are a pain in the neck and Mixed metaphors are a pain in the neck and ought to be thrown out the window.ought to be thrown out the window.

Some Obvious Errors

9.9. A truly good writer is always especially careful A truly good writer is always especially careful to practically eliminate the too frequent use of to practically eliminate the too frequent use of many adverbs.many adverbs.

10.10. In my opinion, I think that an author when she is In my opinion, I think that an author when she is writing something should not get accustomed to writing something should not get accustomed to the habit of making use of too many redundant the habit of making use of too many redundant unnecessary words that she does not actually unnecessary words that she does not actually really need in order to put her message across to really need in order to put her message across to the reader of what she has written.the reader of what she has written.

Some Obvious Errors

11.11. About them sentence fragments. About them sentence fragments. Sometimes all right.Sometimes all right.

12.12. Try to not ever split infinitives.Try to not ever split infinitives.

13.13. Its important to use your apostrophe’s Its important to use your apostrophe’s correctly.correctly.

14.14. Do not use a foreign term when there is an Do not use a foreign term when there is an adequate English quid pro quo.adequate English quid pro quo.

Format of Judgments

AIJA Guide to Uniform Production of AIJA Guide to Uniform Production of JudgmentsJudgments

CoversheetCoversheet Standard FormatStandard Format Style GuideStyle Guide

Conclusion

FairFair ClearClear InterestingInteresting Just resolution of conflictJust resolution of conflict