Using Articles with Nouns in LEGAL English A noun is the name of a person, place, or thing. It is not easy to know whether to place the [1], a / an [2], - or nothing at all – before a noun. For lawyers, the first question to ask yourself is: Am I discussing law or facts? When discussing law, we often use nouns in a general, or definitional sense. When discussing facts, we use nouns in a specific sense, or specific instance. Law Determine whether you are using a countable noun, or a non-countable noun. Countable Nouns Countable nouns refer to persons, places, or things that you can count. For example: patent contract affidavit requirement trademark allegation claim condition fee element witness provision deed clause fine judgment You can count, or determine the number of all of the above. Rule: When using a countable noun in the general sense, to state a rule of law, or to give a legal definition, use the singular, and place a in front of the noun, or an in front of a noun starting with a vowel. [3] For example: A patent is a grant of privilege, property or authority, made by the sovereign of a country to one or more individuals. [4] A contract is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. [5] In English, we normally state precise legal definitions of countable nouns as above, using the indefinite article (a/an). When discussing persons, places or things in a general sense, you can also use the plural - without an article – when using countable nouns. For example: * Houses cost more money in New York than they do in Alabama. * I often eat in restaurants because I work far from where I live. Both houses and restaurants are things [6] you can count. Non-Countable Nouns Non-countable nouns typically represent: * tangible things that you cannot count, [7] - or - * intangible things – ideas. For example: water research information truth happiness evidence advice hope land testimony [8] perjury corruption property [9] justice knowledge transparency Rule: When using a non-countable noun to state a rule or legal definition, do not place any article in front of it. For example: Property is an aggregate of rights that are guaranteed and protected by the government. [10] Note that the word property does not have an article of any kind before it. Property is (i) a non-countable noun, and (ii) is defined above. Further examples of how to use non-count nouns in the law: Intangible property is property that cannot be touched because it has no physical existence. Goodwill is property. [11] Note that the addition of an adjective, such as intangible, in the above example, does not require you to place the before the noun. This is because you are still speaking of property in the general, definition, or rule sense. Note the following example carefully: Intangible property is property that cannot be touched because it has no physical existence. It still has claims, interests, and rights, however. [12] Note that claims, interests, and rights – all countable nouns – do not require the, either, when used generally as examples to clarify a definition. Contrast this with how you define a countable noun (a + singular). For example: A claim is a means by or through which a claimant obtains possession or enjoyment of a privilege or a thing. Facts Facts, in legal usage, are always specific. Our facts, or our client’s facts are always specific to our case or transaction. The rule for specific instances, or factual situations in a legal setting, is easy. Rule: Use the before the noun, whether countable or non-countable. For example: Ø The trademark at issue has been identified with my client’s products for over a decade. Ø The contract between Yao Ming and Peng Kai is probably enforceable. Ø The information that they gave us was outdated. Ø The I.R.S. [13] will almost certainly challenge the value (that) they assigned to the intellectual property in that deal. Rule: Use one of the following two grammatical constructs to describe specific instances, or factual instances of nouns: 1. the + noun + adjective phrase [14] 2. the + noun + adjective clause [15] The + Noun + Adjective Phrase Ø the trademark at issue Ø the contract between Yao Ming and Peng Kai Ø the intellectual property in that deal The + Noun + Adjective Clause Ø the information that they gave us Ø the value that they assigned Ø the evidence that the judge admitted Tricky and Fixed Phrase Situations The word law can be used in both a countable and a non-countable sense. Mary studied law after she got an undergraduate degree in engineering. She wanted to be a patent lawyer. [law- non-countable sense of “philosophy”] [16] Their legislature passed a law banning the import of certain toxic chemicals. [a law – sense of “statute” – you can count the number of them] The noun legislation is permanently uncountable. Rules and regulations, however, are countable nouns. Attorneys: When first setting forth your facts, you will often have to give a general description of the transaction that has given rise to the dispute or transaction at issue. The pattern of a followed by the is typical as follows: Smith Co. and Jones, Inc. entered into a contract dated June 1, 2003 whereby Smith agreed to sell and Jones agreed to buy 10,000 widgets for US$1,000. The contract was the first one between these companies. Thomas Corp. filed a claim for patent infringement against Williams Corp. In the claim, Thomas alleged that Williams …. Ø First usage – definition – describing the contract or the claim. Ø Second usage – specific. We now know which one. Fixed Phrases with “The” “Institutions” that Govern Our Lives * the government * the economy * the market * the law * the court / the judiciary * the Illinois Supreme Court / the U.S. Supreme Court * the 7^th Circuit / the Northern District of Illinois * the State’s Attorney / the Attorney General * the Public Defender * the (Public) Prosecutor * the White House / the Pentagon * the police / the military / the army / the navy * the bar / the tax bar / the practicing bar / the New York bar * the president / the governor / the mayor * the Bush Administration / the Obama Administration * the church * the constitution * the people * the public * the press * the newspapers * the media For example:: * The government needs to do something about …. * People are very worried about the economy. * The law is still evolving in many fields related to intellectual property and anti-trust. * The public will not accept tax hikes at those rates. * The press will make a lot of noise about these amendments to the statute. Use “the” with laws [17] containing specific names. For example:: * The Sherman Act [18] * The Sarbanes-Oxley Act * The Magnusson-Stevens Fisheries Act * The Administrative Procedures Act * The McDonnell-Douglas Test [19] * The Reid Test * the effects doctrine [20] Names of Governmental Agencies Use “the” before the names of agencies, whether federal or state, in their full form or their shortened (abbreviated) form: Full Form Abbreviated / Short Form The Patent and Trademark Office The PTO The Federal Trade Commission The FTC The Securities and Exchange Commission The SEC The Internal Revenue Agency The IRS [21] The Equal Employment Opportunity Commission The EEOC The Department of Justice The DOJ The Illinois Department of Revenue The IDR The Federal Bureau of Investigation The FBI The United States Department of Agriculture The USDA The Food and Drug Administration The FDA The Department of the Interior The DOI Exception: When pronouncing the abbreviated forms of most agencies, such as the ones above, we simply state the letters. We say the “F” “B” “I” when pronouncing the abbreviated form of the Federal Bureau of Investigation. A few agencies are pronounced differently, however. One example is the shortened form of the Office of Foreign Asset Control. [22] * We do not refer to this office as “the O-F-A-C” * We pronounce the shortened form as a word, in two syllables. * O - FAK Another example of agencies where we pronounce the shortened / abbreviated form as a word, rather than by the letters is NOAA. NOAA stands for the National Oceanic Atmospheric Administration. [23] * We do not refer to this office as “the N-O-A-A” * We pronounce this shortened form as a word, in two syllables: * NO – UH When using the abbreviated form of agencies that are pronounced as words, such as the two above, we do not use “the.” Thus, we state these agencies as follows: Full Form Abbreviated / Short Form The Office of Foreign Asset Control OFAC The National Oceanic Atmospheric Administration NOAA The World Intellectual Property Organization WIPO [24] The United Nations Educational, Scientific and Cultural Organization UNESCO [25] The United Nations Convention on the Law of the Sea UNCLOS [26] If these exceptions to the rule seem to be “more information than you can handle,” don’t worry about it! Just remember the general rule: use “the” before the names of agencies. Fixed Phrases: International Reference * the + name of an international treaty * the + name of international tribunal * the + name of international organization For example: The Vienna Convention on the Law of Treaties Use “the” when naming the full treaty/tribunal/organization, or when using the abbreviated name. For example: Full Name Abbreviated Name or Short Name [27] The Single European Act The SEA The Treaty of Amsterdam The ToA The Universal Declaration of Human Rights The Universal Declaration – or – The UDHR The Rio Declaration on Environment and Development The Rio Declaration The International Court of Justice The ICJ The International Criminal Court The ICC The World Trade Organization The WTO The General Agreement on Tariffs and Trade The GATT The Organization of American States The OAS The United Nations The U.N. The International Labour Organization The ILO The International Monetary Fund The IMF The International Maritime Organization The IMO Protocols are also preceded by the: * the Madrid Protocol * the Cartagena Protocol Peculiarity - NATO When discussing the treaty itself, we say either: * the NATO Treaty, or * the North Atlantic Treaty The North Atlantic Treaty, is actually the correct legal name of the treaty. “The NATO Treaty” is a very common way of discussing it, however. When referring to the organization that has developed out of this treaty, do not use any article. Simply say NATO. For example: * The United States is opposed to the EU’s military development. The US thinks all defense should be handled through NATO. Codes Use “the” before legal expressions containing the word “code,” whether abbreviated or in full form. For example: Full Form Abbreviated Form The United States Code The USC The Code of Federal Regulations The CFR The Illinois Code of Civil Procedure The ICCP The Uniform Commercial Code The UCC The Illinois Compiled Statutes The ILCS Note that you will often hear U.S. attorneys refer to the Code of Federal Regulations as “the regs.” This is lawyer’s slang, and is not appropriate for the written language. Something Tricky Note that when we refer to specific code numbers, we do not use “the.” For example: 7 U.S.C. §321 8 C.F.R. §19 These can also be written as: 7 U.S.C. Sec. 321 – or – 8 C.F.R. Sec. 19 * § and Sec. stand for Section. * The section number refers to the specific provision [28] within the code. When describing the provisions of a statute or section by number, do as follows: * Section 321 requires all parties to …. The same is true whenever referring to section numbers, whether in federal law (statutes and regulations) or state law (statutes and regulations). Professional Organizations Use “the” before the names of professional organizations, whether using the full name or the shortened/abbreviated form. For example: Full Form Abbreviated Form The American Bar Association The ABA The Illinois State Bar Association The ISBA The Chicago Bar Association The CBA The International Bar Association The IBA Pronounce all the abbreviated forms above using their letters. For example: * the A-B-A * the I-S-B-A Expressions of Time When describing decades or centuries, use the definite article. * In the 1990s * During the 1950s * In the 18th century [29] * In the 21st century * In the first half of the 20th century Days of the month use the definite article as well. * On the 30th * On the 26th of this month * On the 1st of next month * We’re leaving on Monday, the 3d of June Place the before the following fixed expressions also: * the day after tomorrow * the day before yesterday [30] * the first week in June * the second Monday in July For example: * Americans celebrate one of their national holidays, called “Thanksgiving,” on the fourth Thursday of November. * I am leaving the day after tomorrow. Place the before parts of the day: * in the morning * in the afternoon * in the evening Do not use “the” before days of the week! * On Monday * Next Tuesday * Every Wednesday * On Thursday, at 10:00 * On Saturday morning * On Saturday morning, around 9:00 * On Sunday afternoon * Every Sunday afternoon * Every other Sunday afternoon But – * On the first Monday of the New Year * On the last Friday of the month Internet / The Internet Rule: Use the before the word internet when you use it as a noun. For example: * He often works at home since he can do his research over the internet, and then transmit his documents and opinions via the internet as well. When using “internet” as an adjective, [31] however, follow the rules governing the noun in question. For example: * We are not satisfied with their services. We want a new internet service provider. [32] * Internet-based research [33] is great. In the law, however, it is a companion to paper-based research, not a replacement for it. Name of This Country Remember to use the as part of the name of the United States. Use the in both the full and the abbreviated forms of the country’s name. Incorrect: in United States / in U.S.A. [34] Correct: q in the United States q in the U.S. Other Countries and Entities We do not use “the” before the names of most countries. Following are the exceptions: o the United Kingdom (the U.K. / the UK) o the People’s Republic of China (the P.R.C. / the PRC) o the Netherlands o the United Arab Emirates (the UAE) o the Philippines o the Dominican Republic Use “the” as well when discussing – o the European Union (the EU) ________________________________ [1] the definite article [2] the indefinite article [3] Vowels – a, e, i, o, u. An agreement, for example. [4] Black’s Law Dictionary 1125 (6^th ed. 1990). [5] Id. at 322 (citing Restatement (Second) Contracts § 3). [6] Nouns [7] Note that just because you cannot “count” these things, does not mean that you cannot weigh or measure them. “Happiness” may be great, for example. “Evidence” is material or immaterial. “Corruption” may be endemic (widespread) or uncommon. [8] Note that evidence and testimony are both non-countable nouns. Thus, you may not use them in the plural. Witness, on the other hand, is a countable noun. The plural is witnesses. [9] With the exception of the real estate business. People who work in the real industry refer to “properties” to mean specific buildings, or tracts of land in their inventory. It is the inventory concept that allows property to be used in the plural. Ordinarily, property is not countable. [10] Black’s Law Dictionary, supra note 4 at 1216. [11] Id. at 1217. [12] Id. [13] Internal Revenue Service – the U.S. taxing authority. We place the before administrative agencies because it is implied that the agency is specific to the country in question. Use the with both the abbreviated and full forms. [14] A phrase is a set of words – often only two words – which form an idea or image. A phrase does not contain a subject and a verb. [Clauses contain subjects and verbs.] Prepositional phrases are most commonly used for this purpose. Prepositions are words that place the noun in time, or space. Prepositions are words such as at, in, about, between, near, with, on, over. Examples of prepositional phrases are: at issue; at home; in question; with me; between the parties; between you and me, under the regulations, pursuant to the contract terms. [15] An adjectival clause is also called a relative clause. A clause contains a noun and verb. A phrase, as explained in the prior footnote, does not. These clauses are called adjectival because they describe nouns. They are called relative because they begin with a relative pronoun such as who, which, that, whose, whom. The pronoun is directly related to the noun that precedes it. [16] All “fields” of study are treated as non-countable nouns in this sense. For example: “Joe is interested in studying biology.” Note, however – “ Joe wants to be a biologist.” This is a statement of his profession. You can count the number of biologists. “I am a lawyer.” Do not say: “I am lawyer” – or “I am one lawyer.” “One” is used only as opposed to “two” or “five.” The correct statement is: “I am a lawyer.” [17] Case law or statute. [18] Acts refer to legislation. Typically, an “act” covers a group of statutes enacted to govern a specific legal issue or subject. [19] Tests refer to case law. [20] Doctrines typically refer to case law as well. The effects doctrine is judge-made law established in anti-trust, securities and commodities cases, for example. [21] You will hear lawyers and accountants refer to the IRS as “Uncle.” This is slang, but widespread. Do not use this term in writing. [22] The Office of Foreign Asset Control is part of the U.S. Department of the Treasury. [23] Part of the Department of Commerce. [24] Pronounced WHY-po. [25] Pronounced you-NES-ko. [26] Pronounced UN-klos. (“Un” here is stressed and pronounced the same as “uncle.”) [27] Note that the abbreviated forms of the aforementioned treaties are pronounced “the + abbreviating letters,” with one exception: (i) the “GATT,” which rhymes with “cat.” [28] specific provision = statute for the USC or regulation for the CFR [29] Remember that the 18^th century comprises the years 1700 through 1799. This is because the very first century, the very first one hundred years, of the “modern era” (also known as the first century “A.D.”) starts with the year 1. Therefore, the year 132, for example, is in the second century. “A.D.” is the abbreviation of a Latin term: Annus Domini, meaning “Year of Our Lord.” [30] But note: not - today, tomorrow, or yesterday, when used alone. E.g., “We met them earlier today, and we’ll see them again at the luncheon tomorrow. They have to go back to New York the day after tomorrow.” In the first sentence, today and tomorrow were used alone. [31] Remember that unlike many languages, you can use nouns freely as adjectives in English. You can talk about “a new development” (adjective + noun) or about “management development” (noun + noun). “Trial advocacy” is a course that all J.D. students take. “Trial” is a noun. It can function as an adjective modifying the noun, “advocacy.” The same is true of the term “trial lawyer.” [32] “Service providers” are countable. They are companies. Here, both new and internet are simply adjectives that describe the fixed noun phrase: service provider. [33] “Research” is a non-countable noun, like information, and advice. The term “internet-based” is an adjective describing the noun research. Follow the rules governing how to use the noun. [34] Avoid “U.S.A.” altogether. This term is often used in advertising. (For example: “See the U.S.A. in your Chevrolet.”) It is inappropriate for lawyers to speak like advertising companies. Use: the U.S. and / or the United States. Be careful not to make a mistake such as “the United State.” I warn you with all kindness that this very mistake will cost you an interview with any American law firm. Do yourself a favor and learn how to spell the name of the country. Also, when writing to law firms or to governmental agencies, use the form “the U.S.” rather than “the US”. Why? Simply because “the U.S.” is the preferred form amongst educated people. It’s not whether it’s right, wrong, fair, or even “silly” (you may think). It’s whether you get an interview.