Friday, April 20, 2007

and/or

Every now and then a law student will use the blended conjunction "and/or." My usual comment on their paper is that this construction is too vague for legal writing; it's just not precise enough. Now I think I'll also refer them to http://www.ca8.uscourts.gov/opndir/07/02/061660P.pdf to illustrate that "and" and "or" can lead to problems.

hat tip:  Prof. Andrew Solomon, South Texas College of Law

(spl)

http://lawprofessors.typepad.com/legalwriting/2007/04/andor.html

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Comments

I've blogged about this case; see http://adamsdrafting.com/system/2007/02/04/new-or-case/. As for and/or, I think its meaning is clear: A and/or B means A or B or both. But it's not particularly elegant, and it's clearer to say A or B or both. That said, I find that sometimes the components of a sentence are sufficiently involved that and/or becomes the simplest option.

Posted by: Ken Adams | Apr 20, 2007 5:32:50 PM

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